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z:\z:\council packets\2016\r160602\160602a.docx Last Printed: 5/26/2016 2:45 PM Page 1 of 4
Revised: 5-31-16
NOTICE OF THE EXECUTIVE,
REGULAR, AND SPECIAL
SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:30 P.M. – EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. – REGULAR AND SPECIAL SESSIONS
WHEN: THURSDAY, JUNE 2, 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 Justin Erickson, Harvest Bible Chapel
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) RECOGNITION of Fire Chief Randy Roberts in appreciation for his nine years of
service to the Town of Fountain Hills.
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 (1 – 6)
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 a PROFESSIONAL SERVICES AGREEMENT with J2
Engineering and Environmental Design, in the amount of $126,127, to complete the final
plans and specifications for the Adero Canyon Trailhead.
2. CONSIDERATION of approving AMENDMENT NO. 2 to Brown & Associates Certified
Inspection Service, Inc. contract C2016-110 for plan review, inspection and building
official services, in an amount not to exceed $65,000.00.
3. CONSIDERATION of approving AMENDMENT NO. 1 to Garbage Guy, Inc. contract
C2015-162 for sediment and debris removal in an amount not to exceed $29,500.00.
4. CONSIDERATION of approving CONTRACT PW 2017-001 with System 4 of Phoenix,
in an amount not to exceed $29,000, for annual cleaning services of Town facilities.
5. CONSIDERATION of approving a BUDGET TRANSFER: $5,000.00 from the Town
Manager Contingency to Development Services for the cost of third party traffic study
reviews related to development proposals in the downtown area.
6. CONSIDERATION of approving the CANCELLATION of the regularly scheduled
Fountain Hills Town Council meetings for July 7, July 21, and August 4, 2016, as well as
the tentative work study sessions scheduled for July 12 and August 9, 2016.
RECESS the REGULAR SESSION and CONVENE the SPECIAL SESSION.
SPECIAL SESSION AGENDA
CALL TO ORDER AND ROLL CALL – Mayor Linda M. Kavanagh
SPL #1 PUBLIC HEARING regarding RESOLUTION 2016-07, adopting the Tentative
Budget as the Final Budget for the Town of Fountain Hills for Fiscal Year beginning
July 1, 2016, and ending June 30, 2017.
SPL#2 CONSIDERATION of RESOLUTION 2016-07, adopting the Tentative Budget as
the Final Budget for the Town of Fountain Hills for Fiscal Year beginning July 1,
2016, and ending June 30, 2017.
SPL#3 CONSIDERATION of RESOLUTION 2016-10, adopting and establishing the
FY2016-17 Budget Implementation Policy and approving the Town Organizational
Charts, the FY2016/17 Pay Plan, the Schedule of Authorized Positions, the Employee
Job Descriptions, and the FY2016/17 Comprehensive Fee Schedule.
SPL#4 ADJOURN the Special Session.
RECONVENE the REGULAR SESSION.
REGULAR SESSION
7. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding POLICY
directing Salt River Project’s governance. This item was postponed from the 4/7/16 Council
meeting.
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8. CONSIDERATION of ORDINANCE 16-06, authorizing issuance of an invitation for bids
for sale of the community theater property.
9. CONSIDERATION of RESOLUTION 2016-11, declaring as a public record the Town of
Fountain Hills Flood Damage Prevention Code, Amended and Restated June 2, 2016.
10. CONSIDERATION of ORDINANCE 16-02, adopting by reference the Town of Fountain
Hills Flood Damage Prevention Code, Amended and Restated June 2, 2016, and amending
Town Code, Chapter 14, Flood Damage Prevention, by deleting it in its entirety and
replacing it with the Town of Fountain Hills Flood Damage Prevention Code, Amended and
Restated June 2, 2016.
11. 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.
12. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
13. ADJOURNMENT.
DATED this 26th day of May, 2016.
Nancy Walter, Acting 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:\z:\council packets\2016\r160602\160602a.docx Last Printed: 5/26/2016 2:45 PM Page 1 of 4
Revised: 5-31-16
NOTICE OF THE EXECUTIVE,
REGULAR, AND SPECIAL
SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:30 P.M. – EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. – REGULAR AND SPECIAL SESSIONS
WHEN: THURSDAY, JUNE 2, 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
z:\z:\council packets\2016\r160602\160602a.docx Last Printed: 5/26/2016 2:45 PM Page 2 of 4
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 Justin Erickson, Harvest Bible Chapel
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) RECOGNITION of Fire Chief Randy Roberts in appreciation for his nine years of
service to the Town of Fountain Hills.
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 (1 – 6)
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:\z:\council packets\2016\r160602\160602a.docx Last Printed: 5/26/2016 2:45 PM Page 3 of 4
1. CONSIDERATION of approving a PROFESSIONAL SERVICES AGREEMENT with J2
Engineering and Environmental Design, in the amount of $126,127, to complete the final
plans and specifications for the Adero Canyon Trailhead.
2. CONSIDERATION of approving AMENDMENT NO. 2 to Brown & Associates Certified
Inspection Service, Inc. contract C2016-110 for plan review, inspection and building
official services, in an amount not to exceed $65,000.00.
3. CONSIDERATION of approving AMENDMENT NO. 1 to Garbage Guy, Inc. contract
C2015-162 for sediment and debris removal in an amount not to exceed $29,500.00.
4. CONSIDERATION of approving CONTRACT PW 2017-001 with System 4 of Phoenix,
in an amount not to exceed $29,000, for annual cleaning services of Town facilities.
5. CONSIDERATION of approving a BUDGET TRANSFER: $5,000.00 from the Town
Manager Contingency to Development Services for the cost of third party traffic study
reviews related to development proposals in the downtown area.
6. CONSIDERATION of approving the CANCELLATION of the regularly scheduled
Fountain Hills Town Council meetings for July 7, July 21, and August 4, 2016, as well as
the tentative work study sessions scheduled for July 12 and August 9, 2016.
RECESS the REGULAR SESSION and CONVENE the SPECIAL SESSION.
SPECIAL SESSION AGENDA
CALL TO ORDER AND ROLL CALL – Mayor Linda M. Kavanagh
SPL #1 PUBLIC HEARING regarding RESOLUTION 2016-07, adopting the Tentative
Budget as the Final Budget for the Town of Fountain Hills for Fiscal Year beginning
July 1, 2016, and ending June 30, 2017.
SPL#2 CONSIDERATION of RESOLUTION 2016-07, adopting the Tentative Budget as
the Final Budget for the Town of Fountain Hills for Fiscal Year beginning July 1,
2016, and ending June 30, 2017.
SPL#3 CONSIDERATION of RESOLUTION 2016-10, adopting and establishing the
FY2016-17 Budget Implementation Policy and approving the Town Organizational
Charts, the FY2016/17 Pay Plan, the Schedule of Authorized Positions, the Employee
Job Descriptions, and the FY2016/17 Comprehensive Fee Schedule.
SPL#4 ADJOURN the Special Session.
RECONVENE the REGULAR SESSION.
REGULAR SESSION
7. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding POLICY
directing Salt River Project’s governance. This item was postponed from the 4/7/16 Council
meeting.
z:\z:\council packets\2016\r160602\160602a.docx Last Printed: 5/26/2016 2:45 PM Page 4 of 4
8. CONSIDERATION of ORDINANCE 16-06, authorizing issuance of an invitation for bids
for sale of the community theater property.
9. CONSIDERATION of RESOLUTION 2016-11, declaring as a public record the Town of
Fountain Hills Flood Damage Prevention Code, Amended and Restated June 2, 2016.
10. CONSIDERATION of ORDINANCE 16-02, adopting by reference the Town of Fountain
Hills Flood Damage Prevention Code, Amended and Restated June 2, 2016, and amending
Town Code, Chapter 14, Flood Damage Prevention, by deleting it in its entirety and
replacing it with the Town of Fountain Hills Flood Damage Prevention Code, Amended and
Restated June 2, 2016.
11. 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.
12. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
13. ADJOURNMENT.
DATED this 26th day of May, 2016.
Nancy Walter, Acting 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.