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NOTICE OF THE EXECUTIVE AND
REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. – EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. – REGULAR SESSION
WHEN: THURSDAY, MAY 19, 2016
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.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Vice Mayor Henry Leger
Councilmember Nick DePorter Councilmember Alan Magazine
Councilmember Cassie Hansen Councilmember Cecil A. Yates
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EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (1)
A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or
attorneys of the public body, and (2) 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, the Park Place Development Agreement).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Bergeson, Shepherd of the Hills Lutheran 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 Ranger Amy Burnett, from Arizona Game and Fish
Department, regarding wildlife regulations and safety issues for neighborhoods.
iii) UPDATE by Jerry Butler, Vision Fountain Hills Co-chair, regarding the Vision
Fountain Hills Workshop held May 7, 2016.
iv) INTRODUCTION of Dave Ott as the Town of Fountain Hills’ new Fire Chief.
v) QUARTERLY BUDGET REPORT by Finance Director for Fiscal Year 2015/16,
quarter ending March 31, 2016.
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.
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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.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from May
5, 2016.
2. CONSIDERATION of approving the FIRST AMENDMENT to the Professional Services
Agreement with Albert Holler & Associates, for sales tax auditing services, in the amount of
$42,000, effective July 1, 2016, through June 30, 2017.
3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
for the Arizona Municipal Clerks’ Association Conference (Bevelyn J. Bender) to be held at
the Fountain Hills Community Center, located at 13001 N. La Montana Drive, Fountain Hills,
AZ, from 8:00 AM to 5:00 PM on Tuesday, July 26, 2016; and Wednesday, July 27, 2016;
and from 8:00 AM – 12 PM on Thursday, July 28, 2016.
4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
for the Fountain Hills Theater (Valerie Stasik) for the promotion a fund raiser to be held at the
theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, from 5:30 PM to 11:00
PM on Monday, June 6, 2016.
5. CONSIDERATION of approving a COOPERATIVE PURCHASE AGREEMENT with
General Acrylics, Inc. for the demolition and reconstruction of tennis courts at Golden Eagle
and Four Peaks Parks, in the amount of $368,505.30.
REGULAR AGENDA ITEMS
6. CONSIDERATION of an APPEAL OF THE ADMINISTRATIVE ISSUANCE of
Temporary Use Permits allowing the Copperwynd Resort to conduct Wedding Events and
Receptions both inside the resort and on the outdoor event lawn after 10:00 PM.
7. CONSIDERATION of the REQUEST by the L. Alan Cruikshank River of Time Museum
Board of Directors regarding proposed short and long-term improvements to the facility and
future construction plans for a new museum.
8. DISCUSSION WITH DIRECTION TO STAFF regarding the possible submission of
PROPOSED POLICY IDEAS to the Arizona League of Cities and Towns for consideration
by the Resolution Committee at the League’s Annual Conference.
9. 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:
a.) None.
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10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Mayor, Individual Councilmembers, and the Town Manager.
TOWN MANAGER’S REPORT:
Update on the Town’s wash maintenance schedule
Update on the plans for the 4th of July celebration
11. ADJOURNMENT.
DATED this 12th day of May, 2016.
Bevelyn J. Bender, 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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NOTICE OF THE EXECUTIVE AND
REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. – EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. – REGULAR SESSION
WHEN: THURSDAY, MAY 19, 2016
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.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Vice Mayor Henry Leger
Councilmember Nick DePorter Councilmember Alan Magazine
Councilmember Cassie Hansen Councilmember Cecil A. Yates
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EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (1)
A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or
attorneys of the public body, and (2) 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, the Park Place Development Agreement).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Bergeson, Shepherd of the Hills Lutheran 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 Ranger Amy Burnett, from Arizona Game and Fish
Department, regarding wildlife regulations and safety issues for neighborhoods.
iii) UPDATE by Jerry Butler, Vision Fountain Hills Co-chair, regarding the Vision
Fountain Hills Workshop held May 7, 2016.
iv) INTRODUCTION of Dave Ott as the Town of Fountain Hills’ new Fire Chief.
v) QUARTERLY BUDGET REPORT by Finance Director for Fiscal Year 2015/16,
quarter ending March 31, 2016.
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.
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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.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from May
5, 2016.
2. CONSIDERATION of approving the FIRST AMENDMENT to the Professional Services
Agreement with Albert Holler & Associates, for sales tax auditing services, in the amount of
$42,000, effective July 1, 2016, through June 30, 2017.
3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
for the Arizona Municipal Clerks’ Association Conference (Bevelyn J. Bender) to be held at
the Fountain Hills Community Center, located at 13001 N. La Montana Drive, Fountain Hills,
AZ, from 8:00 AM to 5:00 PM on Tuesday, July 26, 2016; and Wednesday, July 27, 2016;
and from 8:00 AM – 12 PM on Thursday, July 28, 2016.
4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
for the Fountain Hills Theater (Valerie Stasik) for the promotion a fund raiser to be held at the
theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, from 5:30 PM to 11:00
PM on Monday, June 6, 2016.
5. CONSIDERATION of approving a COOPERATIVE PURCHASE AGREEMENT with
General Acrylics, Inc. for the demolition and reconstruction of tennis courts at Golden Eagle
and Four Peaks Parks, in the amount of $368,505.30.
REGULAR AGENDA ITEMS
6. CONSIDERATION of an APPEAL OF THE ADMINISTRATIVE ISSUANCE of
Temporary Use Permits allowing the Copperwynd Resort to conduct Wedding Events and
Receptions both inside the resort and on the outdoor event lawn after 10:00 PM.
7. CONSIDERATION of the REQUEST by the L. Alan Cruikshank River of Time Museum
Board of Directors regarding proposed short and long-term improvements to the facility and
future construction plans for a new museum.
8. DISCUSSION WITH DIRECTION TO STAFF regarding the possible submission of
PROPOSED POLICY IDEAS to the Arizona League of Cities and Towns for consideration
by the Resolution Committee at the League’s Annual Conference.
9. 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:
a.) None.
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10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Mayor, Individual Councilmembers, and the Town Manager.
TOWN MANAGER’S REPORT:
Update on the Town’s wash maintenance schedule
Update on the plans for the 4th of July celebration
11. ADJOURNMENT.
DATED this 12th day of May, 2016.
Bevelyn J. Bender, 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.