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HomeMy WebLinkAbout2011.1215.TCREM.Minutesz:\council packets\2012\r1-5-12\111215m.docx Page 1 of 15 TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 15, 2011 EXECUTIVE SESSION AGENDA CALL TO ORDER Mayor Schlum called the Executive Session to order at 5:30 p.m. in the Town Hall Fountain Conference Room. AGENDA ITEM #1 – ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. §38-431.03(A)(4), DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION (SPECIFICALLY, A PROPOSED DOWNTOWN DEVELOPMENT AGREEMENT). ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember Brown, Councilmember Leger, Councilmember Hansen, Vice Mayor Dickey and Councilmember Elkie. Interim Town Manager/Finance Director Julie Ghetti, Director of Development Services Paul Mood, Senior Planner Bob Rodgers, Economic Development Administrator Lori Gary, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. Councilmember Contino was absent from the meeting. Councilmember Leger MOVED to enter into the Executive Session at 5:30 p.m. and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #2 – ADJOURN TO THE REGULAR SESSION Without objection, the Executive Session adjourned at 6:24 p.m. REGULAR SESSION AGENDA * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:35 p.m. in the Town Hall Council Chambers. * INVOCATION – Reverend Bill Good, Fountain Hills Presbyterian Church * ROLL CALL Present for roll call were the following members of the City Council: Mayor Schlum, Vice Mayor Dickey, Councilmember Brown, Councilmember Leger, Councilmember Elkie, and Councilmember Hansen. Interim Town Manager/Finance Director Julie Ghetti, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. Councilmember Contino was absent from the meeting. * MAYOR’S REPORT None. z:\council packets\2012\r1-5-12\111215m.docx Page 2 of 15 * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) PRESENTATION BY CRAIG CLIFFORD OF PFM ASSET MANAGEMENT ON THE TOWN'S INVESTMENT PORTFOLIO AS OF NOVEMBER, 2011. Mr. Clifford addressed the Council and said that Interim Town Manager/Finance Director Julie Ghetti had requested that he appear this evening and provide an update on the Town's Investment Portfolio as of November, 2011. Mr. Clifford highlighted a brief PowerPoint presentation (Copy available in the office of the Town Clerk) and n oted that the Town has adopted an Investment Policy that includes the following objectives: 1) Safety: Foremost objective of the investment program 2) Liquidity: Portfolio shall remain sufficiently liquid to meet all operating requirements 3) Yield: Portfolio designed to attain a market rate of return throughout budgetary and economic cycles Mr. Clifford reviewed the investment highlights and noted that his company began purchasing investments for the portfolio on October 3rd and as of October 21st the portfolio has $14.75 million invested. He noted that a majority of the investments were made in the Federal-Agency spreads. He added that they favored securities with maturities of 1.5 years to 3 years and said that securities in this maturity range benefit from the steepness of the yield curve. Mr. Clifford provided an overview of the portfolio's composition and noted that the Town's portfolio is well diversified among the Treasury and Federal Agency sectors and by issuer within the Agency sector. He informed the Council that the portfolio has the highest credit quality and stated that 100% of the securities in the Town's portfolio are rated in Standard & Poor's top two ratings categories (AAA and AA). He added that his company selectively purchased securities in the 1.5 to 3.5-year maturity range during the quarter and explained that they favor this range due to the slope of the yield curve, which creates incremental income, as well as the Fed's decision to keep rates low until mid-2013. Mr. Clifford discussed fourth quarter 2011 investment strategy and stressed that his company strives to maintain the safety of principal while at the same time positioning the portfolio for growth and searching for tactical opportunities to enhance return. He advised that in these changing times, their strategy will remain flexible and may change in response to changes in interest rates, economic data, market outlook or specific opportunities that arise. He commented on the November portfolio activity and said that throughout the month a benchmark's duration will naturally drift shorter and then extend at month end. He stated that to maintain the desired duration position, the company swapped from a shorter maturity FDIC corporate note into a 2.25 year Federal Agency with a very attractive yield. Mr. Clifford referred to a list of Federal Agencies/Certain Federally Chartered Entities included in the presentation and indicated his willingness to respond to questions from the Council. Mayor Schlum thanked Mr. Clifford for his presentation CALL TO THE PUBLIC Town Clerk Bev Bender advised that one citizen wished to speak under this agenda item. Linda Bordow addressed the Council and asked if the Town had 37% of its assets in Fanny Mae and Freddie Mac and the Mayor said that following her comments, Mr. Clifford can provide her with any information she requires. Ms. Bordow said that at the last Work Study Session she learned that the Fire Department needs refurbishing ($400,000 cost) and advised that she talked with the Chief and believes they can come up with ways to generate some of that money. She noted that one of the missions of the Strategic Planning Advisory Commission (SPAC) is to get the community involved (keeping streets, Fire & Police all up to date). She discussed the amenities that the Town has to offer and said that by marketing those amenities and natural resources she believes they could generate not only interest in the Town but also funding to help defray the cost of updating the Fire Department. She discussed events that could be held for this z:\council packets\2012\r1-5-12\111215m.docx Page 3 of 15 purpose and added that she is hopeful that the newspaper would donate ad space to help the Town achieve this goal. She said that they might be able to pull together a number of the talented artists in Town to help with this fund raiser. She advised that she would like to partner with the Council and hear any ideas that they have as well. Mayor Schlum thanked Ms. Bordow for her comments. In response to a question from the Mayor, Town Attorney Andrew McGuire stated that because the previous agenda item was related to Ms. Bordow's initial question, the Mayor could ask Mr. Clifford to respond. Mr. Clifford advised that they have made purchases per the Town's investment policy and all of the agencies, including Freddie Mac and Fanny Mae, are explicitly guaranteed by the full faith and credit of the Federal government. He added that while there has been some money spent by the Federal government during the housing crisis, they are not buying mortgage backed securities -- these are all bonds issued by the agencies. He noted that they have AA and AAA ratings by Moody's. Interim Town Manager/Finance Director Julie Ghetti stated that in the Town's investment policy, the priority is the safety of principal and the investment advisors clearly understand that the Town will not risk any money and the principal has to be guaranteed before any investment is made. Mayor Schlum thanked Ms. Ghetti for her comments. CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM NOVEMBER 17 AND DECEMBER 1, 2011. AGENDA ITEM #2 – CONSIDERATION OF AUTHORIZING PAYMENT TO THE MARICOPA COUNTY ELECTIONS DEPARTMENT, IN ACCORDANCE WITH THE IGA (INTERGOVERNMENTAL AGREEMENT), FOR DIRECT SUPPORT OF THE TOWN OF FOUNTAIN HILLS NOVEMBER 8, 2011 ELECTION, IN THE AMOUNT OF $34,808.28; AND FOR REIMBURSEMENT OF EXPENSES INCURRED BY THE MARICOPA COUNTY RECORDER IN CERTIFYING SIGNATURES AS REQUIRED BY STATE LAW (A.R.S. §19-208.05), IN THE AMOUNT OF $1,561.50, RELATING TO RECALL PETITION 2011-RC001- 01 ($777.00) AND RECALL PETITION 2011-RC002-01 ($784.50). AGENDA ITEM #3 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY VALERIE A. STASIK REPRESENTING THE FOUNTAIN HILLS THEATER, INC., FOR THE PURPOSE OF A NEW YEAR'S BASH TO BE HELD AT 11445 N. SAGUARO BOULEVARD, ON SATURDAY, DECEMBER 31, 2011, FROM 5 P.M. TO 2 A.M. AGENDA ITEM #4 - CONSIDERATION FOR APPROVAL OF RESOLUTION 2011-49, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PORTIONS OF THE 10' PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED AT THE REAR PROPERTY LINE OF PLAN 601-B, BLOCK 2, LOT 6 (15851 E. PONDEROSA DRIVE) AS RECORDED IN BOOK 166 OF MAPS, PAGE 31, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS. EA 11 -05 (VIKING CONSTRUCTION, INCORPORATED - MIKE FINK). AGENDA ITEM #5 - CONSIDERATION FOR APPROVAL OF RESOLUTION 2011-44, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PORTIONS OF THE 20' PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED AT THE REAR PROPERTY LINE OF PLAT 213, BLOCK 1, LOT 7 (15202 N. PEACHTREE LANE) AS RECORDED IN BOOK 155 OF MAPS, PAGE 24, RECORDS OF MARICOPA COUNTY, ARIZONA. EA11-07 (CARLIER). z:\council packets\2012\r1-5-12\111215m.docx Page 4 of 15 AGENDA ITEM #6 - CONSIDERATION OF A TEMPORARY USE PERMIT FOR DIANE CZERNICKI AND DIXIE GREET PROMOTIONS AT PLAZA FOUNTAINSIDE, LOCATED AT 12645 N. SAGUARO BOULEVARD, FOR REPEATING OUTDOOR RETAIL SALES EVENTS FOR 2012. CASE #TU2011-08. Councilmember Leger MOVED to approve the Consent Agenda as listed and Vice Mayor Dickey SECONDED the motion. A roll call vote was taken as follows: Mayor Schlum Aye Vice Mayor Dickey Aye Councilmember Leger Aye Councilmember Hansen Aye Councilmember Contino Absent Councilmember Brown Aye Councilmember Elkie Aye The motion CARRIED UNANIMOUSLY by those present (6-0). REGULAR AGENDA AGENDA ITEM #7 - CONSIDERATION OF APPOINTING ONE (1) CITIZEN TO SERVE ON THE PUBLIC SAFETY ADVISORY COMMISSION FOR THE REMAINDER OF A TWO (2) YEAR TERM, BEGINNING DECEMBER 15, 2011 AND ENDING OCTOBER 31, 2013. Mayor Schlum MOVED to appoint Howie Jones to serve on the Public Safety Advisory Commission from Thursday, December 15, 2011 until October 31, 2013 Councilmember Brown SECONDED the motion. There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY by those present (6-0). Mayor Schlum thanked Mr. Jones for his willingness to serve. AGENDA ITEM #8 - CONSIDERATION OF ACCEPTING A BRONZE SCULPTURE TITLED, "LINCOLN," AND APPROVING THE PLACEMENT. Director of Community Services, Mark Mayer, addressed the Council relative to this agenda item and stated that the Council is being asked this evening to consider accepting a bronze sculpture titled "Lincoln" and approving its placement. He referred to a photograph of the sculpture (Copy of the presentation on file in the office of the Town Clerk) and explained that the piece would go in the corner of Fountain Park at a site shown on a map he displayed. He noted that at this particular location they have another piece – one of Teddy Roosevelt -- that was donated several years ago and said that the proposed location is very appropriate. He noted that the sculptor for this piece is Mark Lundeen and it has a listed value of $45,000. He reported that the annual insurance cost will be $193.50 per year. He explained that because the item is a donated piece, the cost of the piece, the plaque and the installation cost will be borne by the donors. He added that fundraising for the piece is ongoing. He informed the Council that 2011 is the 150th anniversary of the Civil War so its placement is very timely and the document President Lincoln is holding is very likely a speech that he had written and was about to give. Mr. Mayer indicated his willingness to respond to questions from the Council. Mayor Schlum thanked Mr. Mayer for his presentation. Councilmember Elkie MOVED to accept the bronze sculpture titled "Lincoln" and approve the placement location and Councilmember Hansen SECONDED the motion. z:\council packets\2012\r1-5-12\111215m.docx Page 5 of 15 Town Clerk Bev Bender stated that there were no citizens wishing to speak on this item. Mayor Schlum agreed that the timing on the placement of this piece is perfect and said that it is a beautiful work of art. Mr. Mayer advised that Mr. Roy Nichols from the Public Art Commission is present in the audience. Mr. Nichols addressed the Council and said that the Times has been just outstanding and advertised the Commission's efforts. He said that they just started less than a month ago and quite a few donors have already expressed an interest. He reported that some people want to donate in small quantities and stated that it is impossible to pick up $20 here and $20 there and they have to set limits on the size of donations they can accept so those donors can be honored on the plaque that will accompany the sculpture. He advised that they are accepting contributions in the amounts of $500, $1,000, $2,500 and $5,000 and noted that this is described on the donor handout. He added that people interested in donating can contact him at 816-0229. He said he is excited about this and it would be nice, looking down the road , to do a Mount Rushmore in Fountain Hills. In response to a request for clarification from Councilmember Elkie, Mr. Nichols said that in order to get your name on the plaque, a minimum donation of $500 is required; however, any and all donations will be accepted and appreciated. The motion CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #9 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING A FUNDING REQUEST FROM THE CAPITAL IMPROVEMENT PROJECT CONTINGENCY LINE ITEM, IN THE AMOUNT OF $27,767.55, FOR AN UNBUDGETED ITEM BY THE FOUNTAIN HILLS LIBRARY ASSOCIATION FOR REIMBURSEMENT OF CAPITAL OUTLAY COST FOR NEW CARPETING IN THE TOWN LIBRARY. Interim Town Manager/Finance Director Julie Ghetti addressed the Council relative to this agenda i tem and advised that the Fountain Hills Library building is owned by the Town but managed by the Maricopa County Library District. Per the Intergovernmental Agreement (IGA) with the County, the Town is responsible for the maintenance and improvements to the building. The Fountain Hills Library Association is a non-profit organization of volunteers who are dedicated to assisting in the support of programs, facilities and activities of the Fountain Hills Library. In 2010, the Association funded the renovation of the Library Conference room at a cost of $62,623.67 and most recently had new carpeting installed in the building at a cost of $55,535.10. The Board of the Association voted in May to donate the carpet replacement to the Town but is requesting reimbursement from the Town for half of the cost ($27,767.55). Ms. Ghetti indicated her willingness to respond to questions from the Council. Councilmember Leger MOVED to approve reimbursement to the Fountain Hills Library Association in the amount of $27,767.55 from the Capital Projects Fund contingency line item and Vice Mayor Dickey SECONDED the motion. There were no citizens wishing to speak on this agenda item. Councilmember Leger asked what the balance currently is in the contingency fund. Ms. Ghetti responded that it is currently at $169,000 (not counting the cost for half of the carpeting). The motion CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #10 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING A FUNDING REQUEST, IN THE AMOUNT OF $2,250, FOR AN UNBUDGETED ITEM BY ARIZONA BUSINESS ADVISORS REPRESENTED BY MICHAEL TYLER RELATING TO THE ESTABLISHMENT OF A VIRTUAL BUSINESS INCUBATOR AND POSSIBLE CONTRACT FOR INCUBATOR SERVICES. Economic Development Administrator Lori Gary addressed the Council relative to this agenda item and provided a brief overview of the staff report (Copy available in the office of the Town Clerk). Ms. Gary said that at the September 13, 2011 Council Work Study Session, Mike Tyler presented information regardi ng the establishment of a Fountain Hills "virtual" business incubator. She stated that the incubator's goal is to create quality jobs in Town. The incubator program, z:\council packets\2012\r1-5-12\111215m.docx Page 6 of 15 outlined by Mr. Tyler, is intended to provide start -up and small businesses with support services and resources to nurture their growth and increase the likelihood of the businesses' success for the long term. She advised that the incubator would serve businesses in Fountain Hills and surrounding areas and is organized as its own business entity with the Arizona Business Advisors operating and managing the incubator and incubator programs. Ms. Gary further stated that the Arizona Business Advisors has secured commitments from two local businesses , which will fund the program at a rate of $250 per month. In addition, one local business is supporting the incubator with an in - kind donation of office space that can accommodate 15 to 20 members (incubator clients). In addition to the space, they are also donating a lot of the office needs (chairs, desks, conference tables, etc.). The Fountain Hills Chamber of Commerce has also agreed to fund the business incubator at a rate of $375 a month. At the Work Study Session, Arizona Business Advisors requested the Town's financial support of the business incubator in the amount of $375 per month. She said that should the Council consider this, the funding would begin in January and the fiscal year runs through June 30th so that is why the funding request is in the amount of $2,250.00. If approved, staff would work with Mr. Tyler to finalize an agreement that would include some goals and deliverables. The Council has been provided with a draft regarding potential contract items. Ms. Gary informed the Council that she and Mr. Tyler have had discussions regarding this and said that what has been provided is only a draft that may be tweaked but the Council will eventually receive the final version. She indicated her willingness to respond to questions from the Council and advised that Mr. Tyler is in the audience should the Council have any questions for him as well. Mayor Schlum thanked Ms. Gary for her presentation. In response to a question from the Mayor Ms. Gary advised that she worked with Mr. Tyler on the draft proposal and stated that the bullet points came directly from the PowerPoint presentation that Mr. Tyler gave to the Council in September. Ms. Bender advised that one citizen wished to speak on this item. Ms. Kern stated that she would pass at this time. Vice Mayor Dickey commented that a couple of things come to mind -- first, the justification to use public money and it obviously has to do with the public good. She asked Mr. Gary to expand on the justification. Ms. Gary advised that the goal is to nurture small and start-up businesses and those could certainly include existing businesses. She added that helping small and start-up businesses grow and expand in Town she believes is a good use for the funding. Vice Mayor Dickey stated that the criteria and the assessments appear to be pretty comprehensive and that is good and added that the amount of money is not very much at this point She said that they are not committing past June and Ms. Gary concurred. The Vice Mayor said that her only concern is because they are using public money everyone must have access to it so there is no special interest or narrowing of who could apply to be part of it (other than what would be used to determine their ability to succeed or their commitment to what they are doing). She added that she could support this proposal. Councilmember Hansen commented that at the September 13th Work Study Session in the PowerPoint presentation it said that five members would be signed up at a minimum before the incubator opens its doors in January. She pointed out that the draft agreement says a minimum of two and asked why the number has changed and whether any people have signed up. Mr. Mike Tyler addressed the Council and agreed that the information in the PowerPoint did state five and during the interim they have been doing pre-marketing and having discussions with other incubators and what they found is that the way they operate is get up and running with one, two and maybe three businesses so they can start to build cre dibility and develop good public relations. He said that they are still waiting for their space to become available (should be available z:\council packets\2012\r1-5-12\111215m.docx Page 7 of 15 next week) so at this point they have not been able to actually sign anyone up because there is no space to offer them. He added, however, that they are working with three companies that all look like excellent prospects and have been building a very strong relationship with Arizona State University (ASU). He recognized Nick DePorter for helping them in that regard. He added that they have made strong connections with Sky Song and noted that the director of Sky Song is a resident of Town. He said that he has agreed to help market the program. He stated that they have also built a strong relationship with the W.P. Carey School of Business and the College of Technology & Engineering at the Mesa campus. He commented that he believes those things are all going to enhance the credibility of the incubator and once they get it open in January and get the first two or three clients in then they can build on that. Mayor Schlum requested that Mr. Tyler provide an overview of the incubator program and stated that obviously the Town funding plays a very small part in it but he would like the citizens to know the goals, what is be hind the virtual incubator and how it differs from others and where he hopes this will be in a year or two. Mr. Tyler explained that the incubator is basically a public/private partnership between the Town, the Chamber and three private companies. Basically, they will start off as a virtual incubator -- most incubators have residential space for the companies that come so they can live and operate within the incubator. Initially they will have 1,500 square feet so it will be collaborative space. Clients can come in and use the conference room, have workshops there and network there but they can't actually operate from there (hire employees, etc.). He stated that the goal is to provide jobs in Fountain Hills and they want to make sure that the incubator is part of the fabric of the Town. They want to open it up not only to the incubator clients but the population in general. He discussed the workshops that may be held and said that they will be open to anyone who wants to come. He further stated that t hey have received interest from a number of people in the community who want to volunteer so he believes they can make it part of the fabric of the community. Mr. Tyler added that these are all potentially short-term goals that they would see happening within the next one to two years and they would hope to get up to between five and ten clients through the incubator during that period. He stated that after that they will have to decide whether they are going to try and go for a full blown residential inc ubator and if that is the case they will need considerably more space (something in the vicinity of 20,000 to 30,000 square foot area) and it will become a very different proposition at that point. He noted that they are using this as a pilot to determine how much demand is there, how it will operate, can they be successful before they look to commit to the much larger project of building a residential incubator. Mayor Schlum said when Mr. Tyler says "living there" he doesn't mean they would be living in houses and Mr. Tyler concurred. He said that businesses actually operate out of incubators and hire employees, invite customers in -- it is their place of work. Vice Mayor Dickey asked how the businesses benefit -- are classes being taught and what would a day be like when they first start. Mr. Tyler advised that there are different models of incubators and one of the largest in the Valley is called "Gang Plank" in Chandler and it is basically a networking type of incubator. People come in and talk to one another and share ideas and there are some structured workshops. He said that their incubator is based more on an incubator that is in Flagstaff -- it is the Northern Arizona Center for Entrepreneurialship and Technology and what they do is act as a vi rtual board of directors for clients (every month they make sure that the client has a good business plan and they sit down with the clients and go over their action plans, set goals, review their finances and cash flow). He said that they really will man age it like a Chief Executive Officer would and that is the model that they will be adopting. In addition to the rigorous one- on-one oversight, there would be monthly workshops that clients would be required to attend. Councilmember Elkie commented that he thinks this is a great idea and provides an opportunity for the Town and the Chamber to work together with the local businesses. He asked the name of the local business that in sponsoring the program and donating the space and Mr. Tyler advised that Meridian Bank is donating the space and the other two sponsors are the law firm of Sternfel & White and Craig Carperchio, CPA. Councilmember Elkie asked whether the ultimate goal is for the incubator to be self -sustaining and Mr. Tyler said that it probably cannot be self-sustaining in its current form (in order to become self- sustaining it has to become a residential z:\council packets\2012\r1-5-12\111215m.docx Page 8 of 15 incubator model). He added that the purpose of soliciting additional sponsors is to recompense Arizona Business Advisors who right now are doing this virtually free of charge. Councilmember Elkie discussed the businesses that do not sign up for a twelve month agreement and asked how the other businesses in Town are going to benefit from this and what it is going to cost them to have someone come in and look at their business plan for example. Mr. Tyler responded that it will depend on what their needs are and they will offer an initial free session to any business that wants to come in (they will consult with them). He stated that dependin g on their needs there may or may not be a charge. He added that if there is a charge it will be very much a diluted subsidized amount. Councilmember Elkie said that he definitely wants to see the final contract before any funds are disbursed. Councilmember Brown commented that this is a positive thing for the Town and they have heard how they have lost businesses in Town over the past year. He stated that if only one of those businesses had attended the incubator and survived it would be a value to the Town working with the Chamber. Discussion ensued relative to what companies Mr. Tyler would envision being a part of the incubator and the fact that they are currently having discussions with a gentleman who has invented a new medical device (a resident of the Town) -- a safety syringe that could basically change the way injections are given, a young man who has developed a protective coating for leather and vinyl goods, and a gentleman who is working in the area of water and sewer pipes and gaskets that prolong the life of the pipes; Councilmember Leger's question as to what type of data is out there that indicates the success of businesses that engage in incubators versus those that do not; Mr. Tyler's comment that the general failure rate on small business is between 55% and 70% during the first five years and businesses that have gone through incubators have about an 85% chance of success in terms of them lasting beyond the five year period; the fact that one of the key elements of success is focus and discipline; the Mayor's comment that the more incubator discussion he has with people, the more he realizes there is great potential for working together; Mr. Tyler's statement that he is particularly excited about working with Sky Song and working very closely with ASU; Mayor Schlum's comment that hopefully they will work with the Mayo Clinic as well; the fact that the cost is $3,000 a year per client and Councilmember Hansen's question as to whether a payment plan could be put in place for those businesses that may find it difficult to come up with that money; Mr. Tyler's response that they have talked to a person in Town who is a grant expert and he will help them apply for grants that hopefully they could use for that type of purpose; Councilmember Leger's comment that the funding ($2,250) is coming out of the Economic Development budget and his question as to how this fits into economic development and its vision for the future; Ms. Gary's response that one of the goals of economic development is to create quality jobs in Town and there are various budgeted line items to help accomplish those goals; and the fact that she has identified some line items that she believes fit within that goal and a portion of the funding will come from each of them. Vice Mayor Dickey MOVED to direct staff to prepare and execute a Professional Services Agreement between Fountain Hills and the Arizona Business Advisors in the amount of $2,250.00 and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). Mayor Schlum thanked everyone for their comments and input on this agenda item. AGENDA ITEM #11 - CONSIDERATION AND POSSIBLE ADOPTION OF REVISION TO THE STRATEGIC PLAN 2010. Audra Koester-Thomas, Chairman of the Strategic Planning Advisory Commission (SPAC), addressed the Council relative to this agenda item. She stated that in 2010 the Council unanimously adopted the 2010 Strategic Plan and noted that the SPAC is charged on an annual basis with proposing revisions for the Council's consideration. She said that following a thorough review the SPAC is recommending revising the Strategic Plan 2010 by adding three Strategic Directions in corresponding Strategic Values as follows: 1. Strategic Value - Civic Responsibility. Add Strategic Direction CR8: Create a sense of urgency regarding the importance of residents and businesses taking responsibility to financially participate in the Town's infrastructure maintenance and provision of basic services to protect home, land and property values; z:\council packets\2012\r1-5-12\111215m.docx Page 9 of 15 2. Strategic Value - Economic Vitality. Promote the maintenance of an age-balanced population that will support the long-term sustainability of our community; and 3. Strategic Value - Economic Vitality. Add Strategic Direction EV10: Define Fountain Hills' market niche and actively pursue opportunities that attract and retain high quality employment opportunities. Ms. Koester-Thomas provided justification for the addition of the three Str ategic Directions listed above. She requested that the Council approve the recommendations as presented and indicated her willingness to respond to any questions. Mayor Schlum thanked Ms. Koester-Thomas for her presentation. Town Clerk Bev Bender advised that a citizen wished to speak on this agenda item. Linda Bordow addressed the Council relative to this agenda item and asked how, under Item #2, the Strategic Planning Commission specifically goes after the population -- what is the plan to draw in some of the younger members of the population. She added that in terms of Item #1, that is what she was speaking about earlier (the Fire Department and ideas to generate revenue) and stated that she is looking forward to really taking this on in partnership with the Chairwoman as well as local organizations and businesses (ways they can come up with to bolster the Fire Department, promote the Town and maybe bring in some new levels of income). She added that they may attract new businesses in addition to receiving local attention. Mayor Schlum thanked Ms. Bordow for her remarks. Ms. Koester-Thomas stated that the Strategic Plan is a framework containing strategic directions and the Commission took direction from the citizens when crafting it. She noted that you look to a Strategic Plan to ensure that the long term vision for the Town is fulfilled and added that that might take decades to accomplish. She noted that the three items being proposed this evening serve as part of that framework for the Council's consideration. She discussed Item #2 and said that the SPAC does have several ideas about how they would like to accomplish that but it is more of a community action item. She said that there are some specific ways in which to do that and in part they have already heard a number of strategies that might help that. She added that in particular the SPAC has always talked about the importance of creating creative employment opportunities in this Town to attract the next level of professionals (to work and live here). She said if they can create some employment opportunities that don't require people driving 45 minutes to an hour into work they are going to find success in keeping those folks long term. She pointed out that trends show that her generation will most likely not want a suburban lifestyle that is too far away from work. She added that the SPAC strongly supports bolstering the Town's economic development that targets long term and high quality employment opportunities in Fountain Hills. In response to comments from the Mayor, Ms. Koester -Thomas stressed the importance of having a specific framework and retaining businesses as well as looking for new employment opportunities. She said it is important to ensure that the Strategic Plan compliments the work that the Town Council has already committed to and Economic Development as well (make sure that is reflected and identify that market niche). Discussion ensued relative to the Town's competitive advantages; the fact that the three proposed additions are the result of intense discussion at three of the Commission's meetings (utilizing data that was collected and looking at trends); the fact that a full update of the Strategic Plan occurs every five years and the importance of a public involvement approach in this process; the importance of obtaining and reviewing research that was conducted; the fact that although discussion took place about whether there were any items to be removed, the Commission felt very comfortable with the strategic directions that were outlined as part of the original 2010 Plan; Vice Mayor Dickey's comments about Item #1 and the sense of urgency and her question as to whether that is in response to the bond failure and even if it wasn't, does the SPAC have any recommendations on the best way to move forward (do they have any ideas about a better way to communicate with the citizens so that they are all in it together); Ms. Koester-Thomas' response that the item (#1) was not in response to the bond failure -- it was offered two months in advance of the election (this was a three-month process) and it was based more on the fact that the Town is reaching the 30-year old mark and some of the basic infrastructure needs to be replaced; Ms. Koester-Thomas' comment that the SPAC would always recommend including the public and community dialo gue and stressed the importance of big decisions like these being based on good communication that includes listening; the importance of an informed community; and, on a personal level, she would suggest initiating a community dialogue. z:\council packets\2012\r1-5-12\111215m.docx Page 10 of 15 Vice Mayor Dickey commented on the importance of Town Halls and surveys and noted that people do tend to agree with what is being proposed but the implementation is where they struggle. She said that as they proceed, she looks forward to the SPAC's and anyone else in the community's assistance with these types of items. She agreed that the more knowledge citizens obtain the more they bond together and want to proceed but then there seems to be a stumbling block when it comes to getting over the finish line. She added that the Council would love to work with everyone on that. Ms. Koester-Thomas noted that from her experience on a professional level, when those who will be impacted by the decisions are included in the discussions, not only are they more vested, they are also more apt to commit to a long-term commitment and success. Councilmember Elkie thanked the Chair Koester-Thomas and members of the Commission for their hard work. He said that he recognizes the time spent on this important process and is very impressed. He noted that all of their time is donated free to the Town and that is very much appreciated. Mayor Schlum said that there are obviously more questions out there as to how to implement some of the things that have been brought up. He added that he wasn't sure that tonight was the best format (a Council meeting) to move forward on these types of things like the actions that might be taken before actual adoption to see if they are practi cal and possible. He stated that they have had some good dialogue this evening but he was thinking it might be a good idea to schedule more of a Work Study Session or do this as part of the Council's Annual Goal Setting Retreat. He said he knows they will be talking more about this. Ms. Koester-Thomas commented that the strategic directions are the framework to implement the vision and the actual tasks, in order to forward those, are the things that the Council works on. She noted that they identify tho se in their Annual Goal Setting Retreat and perhaps offer some specific implementation strategies as they did last year and staff also comes back to the Council and provides some ideas. She added that in January the SPAC will be delivering recommendations as to what they think the Council's priorities are and items/ideas they would like the Council to consider as priorities for 2012-13 budget. Additional discussion ensued relative to Ms. Ghetti's comment that a good time to talk about all of this would be at the Goal Setting Retreat on January 26th; Ms. Koester-Thomas' remark that the action this evening is for the Council to adopt the three strategic directions as presented; the Mayor's statement that there needs to be a little less formal dialogue between Ms. Koester-Thomas, the Commission members and the Council in an effort to better understand these items and keep them familiar with the other items (i.e. an invitation for the parties to get together over coffee and talk about these things more often); Ms. Koester-Thomas' response that she and she is sure other members of the Commission would love the opportunity to chat but added that they believe what is before them this evening is a formal action that needs to be taken by the Council and that is why they scheduled this item for this evening (asking for a formal adoption of their recommendations); Ms. Koester-Thomas' statement that the SPAC champions input and suggestions from the public and wants to keep their doors open as much as possible in an effort to achieve a collaborative process; the fact that the SPAC is always open and willing to hear from the Council and encourage communication; and the Mayor's comment that he concurs that this type of action must take place in a formal setting and clarified that he was talking about more casual dialogue regarding the values. Mayor Schlum said he believes it would be advantageous to have more informal dialogue or casual discussions prior to taking formal action on items such as these. Councilmember Elkie MOVED to approve the proposed revisions to the Strategic Plan 2010 as recommended by the Strategic Planning Advisory Commission and Vice Mayor Dickey SECONDED the motion. Vice Mayor Dickey concurred with the Mayor's comments on the benefits of having mor e casual dialogue prior to formal action taking place but added that given what they are, the three values to her are not controversial and are very positive. She added that the benefit to doing this now is that the items will be incorporated into the doc uments that will be discussed and reviewed at the January 26th Goal Setting Retreat along with any additional research and backup information the SPAC can provide at that time. She advised that she does not have any objections to any of the values being presented. z:\council packets\2012\r1-5-12\111215m.docx Page 11 of 15 Councilmember Leger MOVED to amend the motion to adopt the three strategic directions at a future Council meeting. Councilmember Leger commented on process and noted that all of a sudden these appear on the agenda and the language is extremely academic and vague. He stressed that he too appreciates the work and the comments but believes that a more appropriate starting place would be at a Work Study Session or at the Council's upcoming Retreat. He stated the opinion that that would be the appropriate time to flush these out and, as Ms. Koester-Thomas said, we are talking about strategic values and strategic direction and it is difficult for him to imagine Council goals attributed to these directions because they are so academic and vague. He added that he does not see the process being slowed down by simply flushing these out at the Retreat and having an opportunity to define specifically what the SPAC is asking for specifically. He stated that for example "Create a sense of urgency regarding the residents and businesses taking responsibility." He said that that is extremely vague and he has a hard time adopting that without really flushing that out and looking at specific examples of goals that could be set. He further stated that it is somewhat redundant with respect to goals they already have in the plan. He emphasized that he is an advocate of the Strategic Plan and was involved in the Strategic Plan before it was put into place. He added that these are ideas that he believes need to be further discussed and then brought back to the Council for adoption. He gave another example -- "Promote the maintenance of an age-balanced population ..." and expressed the opinion that that is something out of a Strategic Planning textbook that has no meaning for him. He said they need to talk more about these things. Councilmember Leger further stated that both he and the Mayor understand Open Meeting Laws as well as the next person and they are not simply suggesting that they have informal discussions but he has followed this process for a number of years and typically this type of information doesn't appear on a Council agenda until they have gone through and vetted the process. He added that there needs to be more public input into this and he knows they have extracted that from the previous plan -- "Create a sense of urgency..." and stated that he believes there is a sense of urgency out there among the citizens. He said they also have a sense of urgency regarding having their tax dollars spent right now. He expressed the opinion that it is not about urgency -- it is a bigger conversation. He noted that the underlying assumption here may certainly be that Council is not urgent in these matters and there is nothing further from the truth. He sa id that he really thinks that this should go back to the Goal Setting Retreat and added that they will be on the same schedule if they are clarified and they backfill and understand clearly what these are they can certainly bring them back to the next meeting for formal approval. Councilmember Leger MOVED to table this discussion until they have an opportunity to discuss it at the Goal Setting Retreat on January 26, 2012, which is a public meeting and Councilmember Hansen SECONDED the motion. Vice Mayor Dickey said that she will support the motion to table so that everyone is comfortable. The motion CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #12 - CONSIDERATION OF ORDINANCE 11-11, REGARDING MODIFICATIONS TO CHAPTER 7 OF THE TOWN CODE AND TRANSITIONAL DEVELOPMENT IMPACT FEE SCHEDULES REQUIRED TO BE ADOPTED IN COMPLIANCE WITH CHANGES TO THE STATE LAW IN SB 1525. Town Attorney Andrew McGuire addressed the Council relative to this agenda item and reported that at the last Legislative Session a sweeping piece of legislation regarding development impact fees was adopted (Senate Bill 1525). He said that rather than tell the Council what has changed they should just presume everything has changed because only 18 lines of the statute survived. He stated that the legislation did a couple of major things -- it established a framework for adoption that is procedurally a lot more robust than the prior procedure. The Infrastructure Improvements Plan now takes more of a center stage and becomes the fundamental document by which everything else is adopted. It is not necessarily completely different than what it was with respect to what they are calling things and now it is assumed that there is one plan, one capital financing plan that covers everything. Mr. McGuire further stated that the other major change is that for the first time it defines "Necessary Public Services." Under the existing law today and as it has been prior, the Town was allowed to collect development fees for necessary public services. That has always been a determination by the elected bodies of the various communities and not a determination at the State level. He noted that this has been a source of contention on the battlefront (over this type of legislation) for the past six or seven years. It has constantly been something that the Homebuilders' Association has z:\council packets\2012\r1-5-12\111215m.docx Page 12 of 15 sought and in this bill succeeded in getting. He explained that the definition narrows down to a list of things that are acceptable under the statute and most of them are hardscape items -- water sewage, streets, drainage (and most communities don't have a development fee for drainage but in Fountain Hills’ case this is something that can be explored). Other services that are permitted are fire and police services as well with some limitations (not allowing administrative vehicles to be included in the cost of the fees). Parks and recreation are still allowed but there is a very long laundry list of items that are not okay. Initially the legislation started out saying th at parks were not allowed if they were over 30 acres in size and municipalities worked with the Homebuilders Association on that provision to ensure that parks over 30 acres that had a direct benefit might still be included. Fountain Hills is a perfect ex ample because the Town has recreational amenities that the entire Town uses. Mr. McGuire noted that one of the fees that was eliminated that is currently charged in other communities is Cultural Facility fees. He added that they cannot have a helicopter or airplanes (they cannot go into the Town's fleet) and they are not allowed to have libraries over 10,000 square feet and they also have to have a direct benefit. He stated that the librar y in Fountain Hills benefits everyone because they only have one but it is larger than 10,000 square feet. Mr. McGuire discussed a number of the other changes in the bill and advised that one of the arguments that has been alive since the beginning of this discussion is whether or not these provisions act as a complet e ban for items that fall out of the range or if it means that only that first portion of it is unfundable (i.e. a park over 30 acres .... if there is a park that is 50 acres in size, is it completely off the list or is it a park for which you can charge 30 acres as development fees and 20 acres not?). There is still some debate about that and a model ordinance was developed that has language in it that says 30 and the first 10,000 square feet. He said it doesn't make any sense for a municipality not to b e able to choose a 25,000 square foot library and only charge development fees for 10,000 square feet rather than building three small ones with triple the operations and maintenance costs. He said that the municipalities that put together that provision feel very strongly about it. Mr. McGuire reported that municipalities are required to do two things in accordance with the statute: On or before January 1, 2012, make such adjustments as necessary to existing development impact fees to account for the Ex cluded Uses (the "Transitional Development Fees"); and on or before August 1, 2014, adopt a new development impact fee program in compliance with the new procedural requirements of SB 1525 (a "2014 Fee Program"). He said that in Fountain Hills there are four categories but in other municipalities there are more than that. He advised that Town staff has determined that the Town's existing development impact fee categories are grouped as follows: 1) Unchanged Fees: Law enforcement, streets and fire and emergency 2) Modified Fees: Parks and Recreation and Library 3) Reduced Grandfathered Fees: General Government 4) Deleted Fees: Open Space Mr. McGuire informed the Council that in order to adopt a 2014 Fee Program, the Town will need to conduct a complete overhaul of its development impact fee program, including implementing the significant procedural requirements set forth in SB 1525. In addition to conducting new studies related to the more limited set of necessary public services, the Town will also have to include analysis to support charging all development fees categories across all land -use types (for example, the Town presently does not charge a parks and recreation development impact fee to commercial projects. However, under SB1525, the Town is required to assess commercial projects some portion of that parks and recreation development impact fee. Mr. McGuire advised that the resulting revenue reduction caused by implementation of this bill will be significant and will vary between land use types. He added, however, that typical development fees are expected to be reduced by approximately 8%. He further stated that the analysis necessary to construct a 2014 Fee Program will be fairly complicated and the bill requires all such plans to be produced by "qualified professionals" (as defined in the statute). He stated that as a result, the Town will require the services of a professional development fee consulting group to perform the task. The cost of the study will need to be programme d into the FY 2012-13 budget. Even though the costs of such studies may be included in the development fee calculation and recovered through collection of development impact fees, the slow pace of growth means that it will be many years before the Town recovers the cost of such study. z:\council packets\2012\r1-5-12\111215m.docx Page 13 of 15 Mr. McGuire said that the beginning of next year (probably in the Spring) staff will bring back an item for adoption of the Model Ordinance. After they finish the process they identified that the one thing that was killing them in discussions about development fees consistently was the fact that there was inconsistency among the towns. One of the ordinances that was always held up as a good ordinance in the way fees were calculated was the one Phoenix developed so they started with that ordinance and created a model for the League to offer up to all cities and towns. He said that he doesn't believe that everyone is going to adopt it as is but he is hopeful that most communities will adopt the model or a very close adaption of it. He emphasized that if everyone stays the course, they have a three year window which the Governor has given them in her authorization letter to roll this thing out and implement it. He added that it thinks it would be impractical for anyone to try and change the statute next year anyway because they are all in the process of redoing their fee ordinances. He said that he will be creating a customized Fountain Hills’ version of the Model Ordinance and then go out and do that for the other cities/towns as well. He noted that probably at the same time that is adopted that is when the fees will have to go into the budget to hire the "qualified professional" as previously mentioned. He reported that there are probably about five such firms that could accomplish this task in Arizona. He added that unfortunately the bigger cities have lined them up already and hopefully the Town will be able to get it done on time (in place before August 2014). Mr. McGuire indicated his willingness to respond to questions from the Council. Mayor Schlum thanked Mr. McGuire for his presentation. The Mayor said that it sounds like all of the development fees they have taken in over the last couple of years that have been frozen at the levels from prior years because of th e State Legislature but the fees that they have collected are largely going towards attorney's fees and consultant's fees to get the Town established so they can comply with the new laws. Mr. McGuire advised that they are allowed to include those costs in the Development Fee Study so they are able to take the fee study's cost and put it into the fees. He added that realistically they are not going to collect enough development fees over the near future to repay that. They will be repaid but it will be in the future and not on the front end. Mayor Schlum commented on the development fees for growth to pay for itself and asked if they will be changed again (when will that part start to slow down). Mr. McGuire replied not in the next few years. Everyone is required to adopt this by 2014 so he believes there is a very strong policy argument to be made that anything before that is just not reasonable because so much time, money and energy will go into getting this done. He added that he doesn't think they will see anything in the near future and they will vigorously oppose anything that happens. He noted that this is the seventh year that he has been involved in dealing with this topic at the legislature. He said that there needs to be a period of time whe n this is left alone so they can analyze it and determine what problems they have with it. He added that there are always unknowns and they need some time to work on that. Discussion ensued relative to the Mayor's comment that ultimately the Town's revenue coming in for infrastructure will be reduced; the fact that this is completely a local issue and has not affected the State's budget; the fact that the Town updated the study in 2008 and it was adopted in 2009 and so it wouldn't have come back for another couple of years (they are typically on a five to ten year cycle); the Mayor's comment that it was ten years and then they decided to do one in five; the fact that the Town achieved a provision that allowed for indexing so that the fees would follow the inflationary growth and not have to be updated so frequently (but that has been eliminated); the fact that a full study will have to be done and staff will have to get a quote on the cost from the consultant (money was budgeted in the currently fiscal year for the study and they will likely have to budget for it again next year because it takes almost a year to complete); the fact that depending on size, the studies have ranged anywhere from $50,000 to $100,000 but Fountain Hills is slightly unique because it is a smaller community with very few development fees; Councilmember Leger's statement that basically this legislation is an unfunded mandate from the State that could cost the Town $50,000+ to do a study that they were not normally scheduled to do; the process associated with retaining a consultant and ensuring that they are not paying more than necessary; and doing a Request for Qualifications or simply calling the firms and asking them to submit a proposal . The Vice Mayor commented that basically they are talking about several insults to injury -- not only the injury of finances because they have to pay for this (several years ago they had the foresight to do what they had to do because of mandates so they can do incremental changes instead of full blown fee studies). She said that what they did back then was not wasted but basically is soon to be obsolete and they have to pay extra to get a mandated study in a highly competitive z:\council packets\2012\r1-5-12\111215m.docx Page 14 of 15 market and pay it back with fees that are going to be diminished becaus e of the changes in the law. She added that they have less in the coffers because there has been a moratorium. She further stated that anyone who is a current resident or has been a resident of the Town for all these years has been supplementing whatever new development and future people come into Town in order to keep up with the infrastructure. She said that erosion has taken place to prevent development from paying for itself over the last seven years. She stressed that their urgency is to get their people involved (their Representatives Kavanagh, Reagan and Ugenti). If these folks thought they were hurting their cities, maybe they wouldn’t do that; we’re sitting here taking these steps year-after-year to try to keep ourselves in order and then we get these things imposed upon us. She stated that they (the Council) have to vote for this and they have to vote yes but it doesn't mean that they think it is right. Mr. McGuire advised that the statute requires that the fees study be updated every five years and there is a process for publicizing if you don't think the studies need to be done. He added for a community that is leveling off, they may be able to avail themselves of that but the requirement is every five years. The other thing to note about tonight's action in particular, especially since there is one Councilmember missing, is because these fees have to be implemented on the 1st of January, there is an emergency clause included and six votes are required to approve an ordinance with an emergency clause. He added that if they pass it without the emergency clause there will be a gap in time -- it will still be passed but it will mean that the 15th of January is when it would become effective. Councilmember Hansen interjected that perhaps the Town should send the State a bill just as the Governor had sent the Feds a bill for the border. In response to a question from Councilmember Elkie as to whether there would be any benefit in delaying the study to see if there are any changes coming forth and more firms available and Mr. McGuire stated that the only benefit he could see to waiting was if there was going to be some change in the legislation or if it would make the market more competitive for them. He added that he does not see any changes in the legislation coming forward -- what they have is what they have until 2014 -- and said he could not even guess at market competitiveness (the same group of firms have been around for a while now). He stressed that they can't wait too long due to the length of time needed to complete the process (the better part of a year). Councilmember Brown MOVED to approve Ordinance 11-11, adopting the transitional impact fee schedules effective January 1, 2012, and Councilmember Hansen SECONDED the motion. There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #13 - COUNCIL DISCUSSION/DIRECTION TO THE INTERIM TOWN MANAGER/FINANCE DIRECTOR JULIE GHETTI. 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 #14 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE INTERIM TOWN MANAGER/FINANCE DIRECTOR JULIE GHETTI. Interim Town Manager/Finance Director Julie Ghetti advised that she will get back to the Council and provide them with a copy of the Professional Services Agreement with Incubator before it gets signed and also include the SPAC revisions for discussion at the Council's Goal Setting Retreat in January. Mayor Schlum requested that Ms. Bordow be contacted relating to her offer of assistance. Vice Mayor Dickey stated that she and the Mayor went to the State of Our State that was given last week and provided copies of the materials to the Council. She said that the Council was invited at no cost (they attended Morrison Institute - z:\council packets\2012\r1-5-12\111215m.docx Page 15 of 15 Arizona Indicators) on November 30th. She added that some of the speakers were Sandra Day O'Connor, Grady Gammage and panels dealing with tax structures and sustainable revenue were held. She stated that they liked the one that was called "How Cities Can Lead the Way Forward" by Mesa Mayor Scott Smith and Mayor-Elect Greg Stanton. She provided additional details relative to the session and said it was very beneficial and interesting. AGENDA ITEM #13 - ADJOURNMENT Vice Mayor Dickey MOVED to adjourn the meeting and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). The meeting adjourned at 8:30 p.m. 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 Executive and Regular Sessions held by the Town Council of Fountain Hills in the Town Hall Fountain Conference Room and Council Chambers on the 15th day of December 2011. I further certify that the meeting was duly called and that a quorum was present. DATED this 5th day of January 2012. _____________________________ Bevelyn J. Bender, Town Clerk