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REVISED: 11/16/15
NOTICE OF THE EXECUTIVE
AND REGULAR SESSIONS OF THE
is
FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Vice Mayor Dennis Brown
Councilmember Nick DePorter
Councilmember Cassie Hansen
Councilmember Henry Leger
Councilmember Alan Magazine
Councilmember Cecil A. Yates
TIME: 5:15 P.M. — EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2"a floor)
6:30 P.M. — REGULAR SESSION
WHEN: THURSDAY, NOVEMBER 19, 2015
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's
various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town
Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal
action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk's position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name and whether or not they reside in Fountain Hills (do not provide a home address) prior to
commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers.
Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker
will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i)
reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
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EXECUTIVE SESSION AGENDA
CALL TO ORDER — Mayor Linda M. Kavanagh
ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to:
A.R.S. § 38-431.03(A)(3), Discussion or consultation for legal advice with the attorney or
attorneys of the public body, and 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: (i) a settlement offer on a tax enforcement action,
and (ii) the Park Place Development Agreement).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Pastor David Felton, The Fountains, A United Methodist Church
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic
Development.
ii) PRESENTATION by the Fountain Hills Cultural and Civic Association
Boardmember Jerry Caldwell relating to the history of the organization and its
future plans for the Town.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to
reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on
matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal
action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism,
(ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be
enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of
consent items will include all recommended staff stipulations unless otherwise stated. There will be no
separate discussion of these items unless a Councilmember or member of the public so requests. If a
Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may
request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or
Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from
the Consent Agenda and considered in its normal sequence on the Agenda.
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1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
October 15 and November 5, 2015.
2. CONSIDERATION for approval of RESOLUTION 2015-55, abandoning whatever right,
title, or interest the Town has in the certain public utility and drainage easement located at
the rear property line of Plat 603C, Block 5, Lot 1 (15 729 East Cholla Drive), as recorded in
Book 161, Page 43, records of Maricopa County, Arizona. EA2015-12
REGULAR AGENDA ITEMS
3. CONSIDERATION of REVISING the McDowell Mountain Preserve Master Plan to add
the East Loop Sonoran Trail.
4. CONSIDERATION of a FINAL REPLAT at 16750, 16800 & 16820 E. Paul Nordin
Parkway and at 16845 E. Avenue of the Fountains (Plat 208, Block 7, Lots 1, 2, 3). Case #
S2015-08. This item was TABLED at the 11/5/15 Council meeting.
5. CONSIDERATION of RESOLUTION 2015-56, declaring as a public record that certain
document filed with the Town Clerk and entitled "The 2012-2014 Amendments to the Tax
Code of the Town of Fountain Hills."
6. CONSIDERATION of ORDINANCE 15-11, relating to the transaction privilege tax;
adopting the "The 2012-2014 Amendments to the Tax Code of the Town of Fountain Hills"
by reference; establishing effective dates; providing for severability and providing penalties
for violations.
7. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action
or (ii) directing staff to conduct further research and report back to the Council:
i.) None.
8. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Mayor, Individual Councilmembers, and the Town Manager.
9. ADJOURNMENT.
DATED this 12th day of November, 2015.
Bevelyn JA3encfer, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-
5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this
meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council
with this agenda are available for review in the Clerk's office.
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D
REVISED: 11/16/15
NOTICE OF THE EXECUTIVE
AND REGULAR SESSIONS OF THE
is
FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Vice Mayor Dennis Brown
Councilmember Nick DePorter
Councilmember Cassie Hansen
Councilmember Henry Leger
Councilmember Alan Magazine
Councilmember Cecil A. Yates
TIME: 5:15 P.M. — EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2"a floor)
6:30 P.M. — REGULAR SESSION
WHEN: THURSDAY, NOVEMBER 19, 2015
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's
various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town
Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal
action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk's position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name and whether or not they reside in Fountain Hills (do not provide a home address) prior to
commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers.
Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker
will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i)
reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
z:\council packets\2015\rl51119\151119a.docx Last Printed: 11/16/2015 10:40 AM Page 1 of 3
EXECUTIVE SESSION AGENDA
CALL TO ORDER — Mayor Linda M. Kavanagh
ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to:
A.R.S. § 38-431.03(A)(3), Discussion or consultation for legal advice with the attorney or
attorneys of the public body, and 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: (i) a settlement offer on a tax enforcement action,
and (ii) the Park Place Development Agreement).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Pastor David Felton, The Fountains, A United Methodist Church
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic
Development.
ii) PRESENTATION by the Fountain Hills Cultural and Civic Association
Boardmember Jerry Caldwell relating to the history of the organization and its
future plans for the Town.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to
reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on
matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal
action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism,
(ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be
enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of
consent items will include all recommended staff stipulations unless otherwise stated. There will be no
separate discussion of these items unless a Councilmember or member of the public so requests. If a
Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may
request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or
Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from
the Consent Agenda and considered in its normal sequence on the Agenda.
z:\council packets\2015\rl51119\151119a.docx Last Printed: 11/16/2015 10:40 AM Page 2 of 3
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
October 15 and November 5, 2015.
2. CONSIDERATION for approval of RESOLUTION 2015-55, abandoning whatever right,
title, or interest the Town has in the certain public utility and drainage easement located at
the rear property line of Plat 603C, Block 5, Lot 1 (15 729 East Cholla Drive), as recorded in
Book 161, Page 43, records of Maricopa County, Arizona. EA2015-12
REGULAR AGENDA ITEMS
3. CONSIDERATION of REVISING the McDowell Mountain Preserve Master Plan to add
the East Loop Sonoran Trail.
4. CONSIDERATION of a FINAL REPLAT at 16750, 16800 & 16820 E. Paul Nordin
Parkway and at 16845 E. Avenue of the Fountains (Plat 208, Block 7, Lots 1, 2, 3). Case #
S2015-08. This item was TABLED at the 11/5/15 Council meeting.
5. CONSIDERATION of RESOLUTION 2015-56, declaring as a public record that certain
document filed with the Town Clerk and entitled "The 2012-2014 Amendments to the Tax
Code of the Town of Fountain Hills."
6. CONSIDERATION of ORDINANCE 15-11, relating to the transaction privilege tax;
adopting the "The 2012-2014 Amendments to the Tax Code of the Town of Fountain Hills"
by reference; establishing effective dates; providing for severability and providing penalties
for violations.
7. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action
or (ii) directing staff to conduct further research and report back to the Council:
i.) None.
8. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Mayor, Individual Councilmembers, and the Town Manager.
9. ADJOURNMENT.
DATED this 12th day of November, 2015.
Bevelyn JA3encfer, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-
5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this
meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council
with this agenda are available for review in the Clerk's office.
z:\council packets\2015\rl51119\151119a.docx Last Printed: 11/16/2015 10:40 AM Page 3 of 3