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HomeMy WebLinkAbout2012.1115.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL �r• NOVEMBER 15,2012 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers. * INVOCATION-Nathan Lanman,Church of Jesus Christ of Latter-Day Saints Mayor Kavanagh noted that Agenda Item #2, listed below, has been removed at staffs request due to a scheduling conflict (the inability of the Strategic Planning Advisory Commission (SPAC) to attend the meeting this evening). She advised that this item will be rescheduled for a future meeting. * ROLL CALL Present for roll call were the following members of the Town Council: Mayor Kavanagh, Councilmember Yates, Vice Mayor Leger, Councilmember Brown, Councilmember Hansen, Councilmember Elkie and Councilmember Dickey. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. * MAYOR'S REPORT None. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS Cier i.) Presentation by League of Arizona Cities and Towns Executive Director Ken Strobeck, relating to Council- Manager Government and Arizona's Open Meeting Law. Ken Strobeck, Executive Director of the League of Arizona Cities and Towns, said he was asked to appear before the Council this evening to discuss two topics, the Council-Manager Form of Government and Arizona's Open Meeting Law. He referred to copies of reports contained in his presentation that were distributed to the members of the Council and highlighted a PowerPoint presentation on the contents of each beginning with the Council-Manager Form of Government(Presentation is available on line and in the office of the Town Clerk). Mr. Strobeck discussed the history of the Council-Manager form of government, Council-Manager practices and results, other municipal forms including strong Mayor, weak Mayor, Commission, Town Meeting or Town Hall, Boroughs,villages and Selectmen and noted that none of these forms exist in Arizona. Mr. Strobeck indicated his willingness to respond to questions relative to this portion of his presentation. Councilmember Dickey commented that if a municipality does not have a Public Information Officer(PIO) then the Council talks with the press and asked if there are any rules governing that or if that is something that the cities/towns make up for themselves. Mr. Strobeck responded that that occurs on a city-by-city basis and there are no hard and fast rules for that. He added that typically the Manager speaks to the press and serves as the primary media contact for the municipality but added that the Mayor, as the Chief Officer and figure head for the town, also sometimes serves in that capacity. He said that that is something that should probably be worked out between the Manager and the Mayor but typically for day- to-day communications,the Manager serves in that role in most communities. ,, Mr. Strobeck continued on with an overview of the Open Meeting Law and discussed its purpose -- "It is the public policy of this state that meetings of public bodies be conducted openly and that notices and agendas for those meetings contain such information as is reasonably necessary to inform the public of the matters to be discussed or z:\council packets\2012\r12-6-12\121I 15m.docx age 1 of9 • I decided." (A.R.S. §38-431.09.) He provided the definitions of a "Public Body and Advisory Committee" and reviewed the exceptions to those provisions. Mr. Strobeck also explained what a"Meeting" is and noted that if there is a problem reaching a quorum, participation by telephone is okay but the public must be able to hear the person on the phone, the person on the phone must be able to hear everyone at the meeting and participation on the phone must 40 be noted on the agenda. Mr. Strobeck covered other items including splintering the quorum, e-mail communications and possible violations, staff e-mail, public actions (all legal action of public bodies shall occur during a public meeting), the definition of "Legal Action," requirements for a legal meeting, noticing of meetings and emergency exceptions, agendas, meeting processes and minutes, Subcommittees and Advisory Committees, Executive Sessions (which is the limited exception to public meetings), and the fact that if a meeting is held in violation of the Open Meeting Law all legal action is null and void. Mr. Strobeck further discussed Open Meeting Law complaints and violations and the duties of the Attorney General's Open Meeting Law Enforcement Team (OMLET), investigations and the Attorney General or County Attorney's legal options, possible impacts associated with failure to comply with the Attorney General's decisions and consequences of violations. Mr. Strobeck informed the Council that the principle is to conduct all meetings in view of the public so that they can see/hear the Council's thought process, deliberations and understand what the Council's ultimate decisions are based upon. He indicated his willingness to respond to questions from the Council. Mayor Kavanagh said that quite often the Town has some events like ribbon-cutting ceremonies or breakfasts at the Chamber of Commerce and they are always posted. She added that there are also times for example when the members of the Council independently decide to attend the local football team's game and everyone shows up. She stated that obviously they cannot know every single event that the Councilmembers are going to attend and asked Mr. Strobeck for input on situations like that. Mr. Strobeck replied that in instances where an accidental quorum occurs he would suggest that they make sure that , no quorum actually sits together or stays together at the event. He stressed that it is the appearance that they worry about and the general rule is you don't want to see a picture on the front page of the paper with the entire Council or a quorum of the Council sitting together at an event that wasn't posted. He said that that would constitute a violation of the law and they certainly want to avoid that. He informed the Council that he has been to communities where they only have one restaurant in town and although they might all go to the same place, they split up and sit in different booths to avoid the appearance of a violation. Councilmember Dickey thanked Mr. Strobeck for his explanation and said that this presentation is of great benefit to both the Council, the public and staff. She noted that Mr. Strobeck had stated that if someone has an opinion piece published in the newspaper that is not a violation of the Open Meeting Law. She asked if it is perceived as a violation or any prohibition of ethics when they have an opinion on something. She explained that they have had a few things in the past like endorsements of candidates or letters from Councilmembers that take pretty strong stands one way or another. She asked if there is any kind of prohibition or ethics violation for a Council person,even if they are not speaking for everybody(they are who they are),that they should not be allowed to express their opinion. Mr. Strobeck replied no and said that Councilmembers do not lose their rights as citizens when they are elected to the Council but there are some rules about what they can and cannot do in terms of using public resources. He added that they are free as elected officials to endorse a candidate or a particular ballot issue and are free to say that they serve in the capacity of a Councilmember but cannot use Town resources(e-mail, equipment, property, etc.) in order to do that-- it has to be done on their own and on their own dime. Councilmember Hansen asked if there is a commission in place and that commission forms sub-committees are they too subject to the Open Meeting Law and Mr. Strobeck replied if it is a sub-committee that contains the same members as the appointed committee then the answer is yes. Councilmember Hansen questioned whether that would hold true if the sub-committee was comprised of citizens who were not serving on the commission and Mr. Strobeck advised that that is a grey area and he would say they are z:\council packets\2012\r12-6-12\121115m.docx age 2 of 9 probably not subject to the Open Meeting Law -- they are only advising the appointed group and it is the appointed group that will have to make a final decision. He said that he would defer to the Town Attorney on this issue. Town Attorney Andrew McGuire stated that the Town has taken the position that if the committee officially appoints people like the Council appoints committees the membership of the sub-committee is not necessarily the determinate factor, it is whether or not that group has selected people to go and do some of their job for them and provide information and feedback. He added that he knows on an informal level many of the Town's committees and commissions do that and typically it is skewered, if that can use that term, by the fact that they are bringing the information back to a posted meeting of the whole group and they all talk about it. He said that as long as their deliberations take place in that meeting ... but officially their position is that a sub-committee is still subject to the Open Meeting Law although he knows that that doesn't always happen. Councilmember Yates thanked Mr. Strobeck for his presentations and said that he is a newly-elected member of the Council so this information comes in handy. He requested that Mr. Strobeck elaborate on what the League of Arizona Cities and Towns actually does. Mr. Strobeck provided a brief informational summary of the League's history, composition and responsibilities associated with representing the cities and towns in Arizona. Councilmember Dickey stated the League educates the cities and towns all year long but their annual conference is particularly informative and a great resource for them. She said that one of the sessions she attended talked about the Council and how they interact with the Manager and staff and they said that staff and the Council needs to be cognizant of the fact that staff does not directly report to the Council and she knows they don't always follow that as well as they could so they will work hard on that. She added that what was interesting was that they said one of the consequences of that is the "bunker mentality" and they all get that. She said that when they have "bunker mentalities," whether it be staff or the Council,then they don't take risks and they don't progress the way they should so she really appreciates hearing the importance of them all working within their roles. She said she wanted to thank Mr. Strobeck for coming to the meeting and reiterating that. Mr. Strobeck advised that all of the League Conference sessions are available on the League's website for viewing. Mayor Kavanagh thanked Mr. Strobeck for his informational and helpful presentation. ii.) Presentation by Town Attorney Andrew McGuire regarding Conflicts of Interest. Town Attorney Andrew McGuire addressed the Council and highlighted a PowerPoint presentation regarding Conflicts of Interest (Presentation available on line and in the office of the Town Clerk). He noted that a lot of what would typically be covered during this presentation was already stated by Mr. Strobeck. Mr. McGuire stated that in Arizona there are two types of conflicts in his view, one is the statutory conflict of interest that is prohibited by law and the other is the appearance of impropriety. He explained that if the issue before them is a substantial interest then there is a conflict. He noted that a substantial interest is pecuniary or proprietary; there is a potential for financial gain or something of value. He added that it can be direct or indirect and includes "waived" obligations. He said that it is not "remote" and there are ten statutory exceptions and emphasized that they are very fact specific. He stated that the first thing Councilmembers should do if such a situation arises is ask themselves if they have something to gain. Mr. McGuire discussed who is covered(relatives by whole or half blood),the required action, what officials must do if there is a conflict (declare in writing using the Clerk's form and refrain from any participation in the matter, including information discussion with staff), the results of a conflict including the voiding of actions and penalties, and the importance of contacting the Town Attorney if there is any chance that a conflict may exist. He noted that if he provides a Councilmember with an opinion that he/she is not in violation and the situation is not a conflict of interest that will give them a"get out of jail free card." He added that if they make the determination themselves and they are wrong there could be serious consequences but if the Attorney issues an opinion that that there is no conflict and is wrong,they get off scot free. z:\council packets\2012\r12-6-12\121115m.docx age 3 of 9 Mayor Kavanagh said that when she became Mayor she had resigned from the boards she had been serving on. She questioned if it would be a conflict if someone was on a board and an elected official or even on an advisory board like Public Art and something came up with art or the museum --would that be a conflict? Mr. McGuire replied that most of those kinds of conflicts are more appearances of impropriety than they are statutory conflicts. He added that one statutory conflict would be if a Councilmember held a paid position or someone they were related to held a paid position with one of those organizations. He noted that they have had that come up a few times and most often Councilmembers have just withdrawn from that discussion/item. He said it really boils down to those under the statutes but a lot of time people will give Councilmembers a"should you really be participating look" and if it is something for which the Council doesn't have to take an official action on the Councilmember may choose not to participate. He added that sometimes that is not possible because of the vote count and the vote may be very important. He added that under the Town's adopted policy, a non-statutory withdrawal when there is no conflict of interest according to the statute, if a Councilmember doesn't vote deems them to have voted with the majority and if there is no majority they are deemed to have voted yes. He stated that it depends upon what the motion is but they could put themselves in a very odd spot. He said it is important to know that but also know that if it is a grey area, there typically is no penalty. Councilmember Elkie advised that he is a member of a non-profit organization in Town and there have been items placed on the agenda for a couple of organizations and on those occasions when he has been the author of the agenda items(i.e. fundraiser for non-profit)he has recused himself and not voted. He added that there are some times when he is a member of a club and asked where that would fall(limited to just consent agenda items). Mr. McGuire said that it goes back to whether Councilmember Elkie in the voting will have a pecuniary gain. He noted that most of those are special event licenses that really don't represent any gain to the individual members other than being allowed to hold the event -- nothing flows back to those organizations. He added that if it was an organization that was receiving donations from the Town they would have to look at it and see exactly how that would work but those are really few and far between. He said that typically the items appearing on a consent agenda, extension of premises, etc.are perfectly fine. Councilmember Brown asked if a Councilmember knowingly has a conflict of interest and fills out the form and there is discussion on the agenda item during the meeting are the Councilmembers supposed to truly leave the Council Chambers when the vote is taken. Mr. McGuire replied that it is up to the individual Councilmembers to determine how they will not participate. He advised that some leave the dais because then there is no appearance whatever of participation (raising their eyebrows, coughing, etc.). He said that whatever they choose to do is fine with him in terms of the law but he does know that some people have thought that participation still took place in non-verbal forms. Councilmember Dickey stated that when she was on the School Board someone on that board had a spouse who was serving on the Town Council. She asked how that works when they are sharing offices and things like that--are they allowed to vote on items that have to do with the other governmental entities? Mr. McGuire responded that that is one of the ten carve outs depending upon the circumstances. He noted that there is a very oddly crafted carve out for relationships between elected members and appointed members of governing bodies or different municipal organizations. He said they have a few of those situations now but that is one of the specific carve outs based upon the situation. Mayor Kavanagh thanked Mr.McGuire for his presentation. * CALL TO THE PUBLIC Town Clerk Bev Bender advised that there was one speaker who wished to address the Council. Peter Bordow stated that he wanted to clarify one of the items that came up at the last Council meeting. He said that he made some comments relative to the proposed Sign Ordinance as far as the proposed changes. He advised that he was quoted in the paper as well as characterized in the paper for chastising and he went back and looked at the video and he thinks he came across as being upset and angry and that was not his intention. He stated that he wanted to z:\council packets\2012\r12-6-12\121115m.docx age 4 of 9 specifically call out his respect and how much he thinks about the hard working staff people they have in the Town. He added that they work very hard and he has a lot of respect for them. He said he may disagree with them but he will always respect them and he wanted to make it very clear that he didn't mean any disrespect and did not want anything to come across as being personal in nature or anything like that. Mayor Kavanagh thanked Mr. Bordow for his comments. CONSENT AGENDA ITEMS AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM NOVEMBER 1,2012. Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Elkie SECONDED the motion. There were no citizens wishing to speak on this agenda item. A roll call vote was taken with the following results: Councilmember Hansen Aye Councilmember Dickey Aye Councilmember Brown Aye Councilmember Elkie Aye Councilmember Yates Aye Vice Mayor Leger Aye Mayor Kavanagh Aye The motion CARRIED UNANIMOUSLY(7-0). REGULAR AGENDA ITEMS AGENDA ITEM #2 - CONSIDERATION OF THE ADDITION OF STRATEGIC DIRECTIONS CR8, EV9 AND EV10 TO STRATEGIC PLAN 2010, AS RECOMMENDED BY THE STRATEGIC PLANNING ADVISORY COMMISSION(SPAC). As previously noted by the Mayor, this item was removed from the agenda at the request of staff and will be rescheduled to a future meeting. AGENDA ITEM#3 - CONSIDERATION OF ENDING THE CONTRACT WITH THE AREA AGENCY ON AGING FOR THE PROVISION OF HOME DELIVERED MEALS EFFECTIVE AT THE END OF THE DAY ON MONDAY,DECEMBER 31,2012. Director of Community Services Mark Mayer addressed the Council relative to this agenda item and said also joining him this evening is Senior Services Supervisor Kelley Fonville so if there are questions he cannot answer he will defer to her. Mr. Mayer advised that as the Council is aware the Town currently contracts on an annual basis with the Area Agency on Aging (AAA) to provide meals to members of the community that fall within their guidelines, which include lower incomes, health and other factors. He added that the Town in turn provides meals to community members that can afford to pay for the meals but are unable to provide for themselves. He said that the Town volunteers provide the service of delivering the meals and the Town staff administers the overall program. He reported that a number of years ago they had roughly two routes with twelve people on each and the program has grown and continues to grow and they now have three routes and 36 clients. He noted that they are currently in a position that two of the three existing routes are full and some potential clients are being placed on a waiting list. He z:\council packets\2012\r12-6-12\121115m.docx age 5 of 9 said that Town staff approached the AAA staff with a proposal that their organization take over the administrative and delivery responsibility for their portion of the Home Delivered Meals program and that the Town would continue to provide meals for its portion and the AAA agreed with the proposal. Mr. Mayer explained that under the proposed plan clients of both AAA and the Town would both continue to receive meals and both programs would be able to grow and include more clients as needed. He added that the differences that the AAA clients would see are that meals would be delivered only five days a week instead of seven but that frozen meals could be provided on Fridays for the weekends to those clients that can prepare a frozen meal. He said that the AAA Case Manager will work on a case-by-case basis for those clients that cannot prepare a frozen meal to make other meal arrangements. Mr. Mayer informed the Council that at the October 22, 2012 Senior Services Advisory Commission meeting they were advised of the possible change and voiced their unanimous support for it. He noted that the AAA is asking for a minimum of a month to make the transition, which is why the item is being brought forward at this time. (Staff Report available on line and in the office of the Town Clerk.) Mr. Mayer advised that it will be important on the Town's part as well as the Area Agency's part to make sure that the transition is as seamless as possible and indicated his willingness to respond to questions from the Council. Mayor Kavanagh asked how this will affect the Town's relationship with Fountain View Village and Mr. Mayer explained that under the current system they provide all of those meals. He said that staff has spoken with them and explained the situation. He added that he believes over time the number of meals will increase back up again. He stated that the Town actually pays Fountain View Village and then they get reimbursed from Area Agencies. Councilmember Dickey referred to the other clients that the AAA has in other cities and asked if they too will be getting the frozen meals as proposed for the Town's clients and Mr. Mayer responded yes. Councilmember Dickey said that they do have experience in this area then and know that this does work and Mr. Mayer confirmed that statement and added that if they have someone who doesn't have a microwave or other options they will find other options for them on a client-by-client basis. Councilmember Yates thanked Mr. Mayer for his presentation and said that this is one of those situations where ending the program and the contract as it has been set up will actually help all of the recipients and expand the program. Mr. Mayer concurred and said that will happen on both sides,the AAA and the Town as well. Councilmember Hansen stated that knowing how important home delivered meals are to Senior Services and knowing that they totally support this proposal makes it a very comfortable decision. Vice Mayor Leger noted that currently they have volunteers who are delivering meals to the area agency clients and now the agency will be paying employees to do this and in essence will displace volunteers previously involved in the program. He asked if there has been any discussion or planning relative to integrating the volunteers into the program as volunteers. Mr. Mayer replied that if he Understands the question correctly the Vice Mayor is asking is whether some of the paid staff that the agency uses can be somehow recruited to be part of the Town's volunteer program. The Vice Mayor clarified that right now they have volunteers that deliver to area agency clients and they will no longer be delivering meals for those clients because the agency staff will be doing that. He said that his question is they will be displacing volunteers who are very attached to the program and do they have a way of integrating them into delivering meals for the other portion. Mr. Mayer responded that he believes that is not one of the things that they discussed with AAA because they only use paid staff. He added that he does not know what their recruitment process would be and whether they would look to some of the Town's volunteers to participate. He noted that the volunteers do what they do not because they want to be compensated but because they want to help. He said that there may be an opportunity but he does not know at this point how likely it would be. z:\council packets\2012\r12-6-12\121115m.docx age 6 of 9 I. Vice Mayor Leger stated his intention to clarify his statement once again and commented that they have a whole host of people now who volunteer to deliver the meals and they will no longer be delivering meals because their clients will be accommodated by other people. He added that his question is will Ms. Fonville have an opportunity to utilize this surplus of volunteers to work on their core program. Mr. Mayer explained that the routes are not separated out by whether meals are area agency or Town. He said let's say it's 50/50 and out of those 12 people on the route six are area agency and then there are the other six so they will still be delivering meals,they just won't be delivering as many meals. The Vice Mayor indicated that that answered his question. Ms. Fonville interjected from the audience that the agency will still utilize the same number of Town volunteers for the three routes but they won't have as many people on the routes. Councilmember Elkie requested that Ms. Fonville repeat her comments for the benefit of the viewing audience. Ms. Fonville addressed the Council from the podium and clarified that they will continue to use the same number of volunteers and their volunteers will deliver to the three routes but they simply will not have as many people on the routes. She added that they will continue to publicize,recruit and add more clients as needed. In response to a question from the Mayor, Ms. Fonville confirmed that they did lose some volunteers as a result of the volunteers having to be fingerprinted. She reiterated that all routes are covered and she believes the volunteers will be comfortable with the change and they will not lose any of them. She stated that if anyone is interested in becoming a volunteer they just need to contact her or Nita Blose at 480-816-5226 at the Senior Services Center. Councilmember Yates MOVED to end the contract with the Area Agency on Aging for the provision of Home Delivered Meals effective at the end of the day on Monday, December 31, 2012, and Councilmember Hansen SECONDED the motion. There were no citizens wishing to speak on this item. The motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2012-31, FINDING THE EXISTENCE OF THE STATUTORY CRITERIA SUPPORTING THE CREATION OF A POLITICAL SIGN-FREE ZONE IN AREAS OF THE TOWN THAT CONTAIN A PREDOMINANCE OF COMMERCIAL TOURISM, COMMERCIAL RESORT AND HOTEL USES. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and briefly highlighted the Staff Report(Staff Report available on line and in the office of the Town Clerk). He noted that the Council requested that staff look into the creation of a political sign-free zone as permitted by the recently adopted Arizona Revise Statute §16-1019.F. He noted that this section provides that the Town can designate by resolution specific Commercial Tourism, Commercial Resort and Hotel political sign-free zones. He added that the Town must determine that placing political signs within the rights-of-ways will detract from the scenic and aesthetic appeal of the area and deter its appeal to tourists. He noted that up to two zones may be identified in Town with a maximum combined total of three square miles in size. Mr. Rogers advised that staff has generated the map, which was provided to the Councilmembers in their packets, shows the proposed location of such a sign-free zone. He said that this map identifies the arterial streets, some collector streets, streets within the Downtown area, streets accessing golf courses, Golden Eagle Park, McDowell Mountain Preserve, Fountain Park and the Town Center municipal complex as sign-free areas. He added that the proposed zone is two square miles in total area. Mr. Rogers informed the Council that staff recommends approval of Resolution 2012-31 and the adoption of the political sign-free zone as presented. He indicated his willingness to respond to questions from the Council. z:\council packets\2012\r12-6-12\121115m.docx age 7 of 9 • Vice Mayor Leger stated that he had a question from residents regarding this item and asked Mr. Rogers to clarify that the sign-free zones are in right-of-ways and if someone lives in or adjacent to a sign-free zone they are allowed to post signs on their private property and Mr. Rogers confirmed that the Vice Mayor was correct and signs on private property are not covered. Councilmember Dickey asked if signs are placed on private property whether they still have the 15-day limitation (signs must be taken down within 15 days after the Primary/General elections)and Mr. Rogers replied that that is his understanding. Councilmember Elkie MOVED to find that the placing of political signs within certain areas of the Fountain Hills rights-of-ways will detract from the scenic and aesthetic•appeal of the area and deter its appeal to tourists and Councilmember Dickey SECONDED the motion. There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY(7-0). Councilmember Elkie MOVED to approved Resolution No. 2012-31, which establishes a Political Sign-Free Zone within the Town of Fountain Hills, pursuant to Arizona Revised Statute §16-1019, as outlined in the Staff Report and Councilmember Brown SECONDED the motion. There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY(7-0). AGENDA ITEM #5 — COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN BUCHANAN. ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF(i)PLACING SUCH ITEMS ONA FUTURE AGENDA FOR ACTION OR (ii)DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: A. NONE. AGENDA ITEM #6 — SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER KEN BUCHANAN. None. AGENDA ITEM#7—ADJOURNMENT. Councilmember Yates MOVED that the Council adjourn the meeting and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). The meeting adjourned at 7:38 p.m. J z:\council packets\2012\r12-6-12\121115m.docx age 8 of 9 . . TOWN OF FOUNTAIN HILLS B� �1Vlayor Linda" M. avanagh ATTEST AND PREPARED BY: /6,0 di,j111112 ea&C/14._ Beve yn J. B yr de, own Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 15th day of November 2012. I further certify that the meetings were duly called and that a quorum was present at each meeting. Dated this 6th day of December 2012. Bevelyn J. B der, own Clerk L z:\council packets\2012\r12-6-12\121115m.docx age 9 of 9 . J