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z:\council packets\2016\r160915\160915a.docx Last Printed: 9/8/2016 9:43 AM Page 1 of 3
NOTICE OF THE
REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, SEPTEMBER 15, 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 Councilmember Henry Leger
Vice Mayor Nick DePorter Councilmember Alan Magazine
Councilmember Cassie Hansen Councilmember Cecil A. Yates
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CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Trent Renner, Lead Pastor for Christ’s Church of Fountain Hills
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) INTRODUCTION of the Town of Fountain Hills’ Assistant Fire Chief Jason Payne.
iii) RECOGNITION of Cadette Girl Scout Troop #1059 for earning the Girl Scout
Silver Award (2nd highest award for a Girl Scout) for their “Take Action Project”,
which created a bright and inviting design at the entrance of one the Town’s Fitness
Hiking Trails at Golden Eagle Park.
iv) PRESENTATION by Maricopa County Sheriff’s Office Captain David Letourneau
regarding law drug statistics for 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
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
September 1, 2016.
2. CONSIDERATION of RESOLUTION 2016-25, accepting the election results from the
August 30, 2016 Primary Election.
3. CONSIDERATION of RESOLUTION 2016-24, approving an intergovernmental
agreement with the Fort McDowell Yavapai Nation relating to Proposition 202 funding.
4. CONSIDERATION of a BUDGET TRANSFER, in the amount of $1,000, from the
Economic Development Fund to the Tourism Fund to cover a budget overage for Fiscal
Year 2015-16.
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5. CONSIDERATION of approving COOPERATIVE PURCHASE AGREEMENT C2017-
043, with Desert Highway Signs, for signs and sign hardware, in an amount not to exceed
$40,000.00.
6. CONSIDERATION of approving COOPERATIVE PURCHASE AGREEMENT C2017-
044, with Pipe Line Video Inspections LLC, for storm drain pipe and structure cleaning,
television services, and storm drain pipe repair, in an amount not to exceed $200,000.00.
7. CONSIDERATION of approving AMENDMENT #3 to the Cooperative Purchasing
Agreement (C2016-182.3) with Vincon Engineering LLC, for concrete repair and
replacement, in the amount of $50.000.00.
8. CONSIDERATION of approving a SETTLEMENT AGREEMENT relating to a tax
enforcement action.
REGULAR AGENDA
9. CONSIDERATION of LEASE AGREEMENT between the Town and the Fountain Hills
Civic and Cultural Association for the Community Garden.
10. CONSIDERATION of approving COOPERATIVE PURCHASE AGREEMENT C2017-
045, between M. R. Tanner Development and Construction, Inc. and the Town of Fountain
Hills, for asphalt replacement and miscellaneous work, in an amount not to exceed
$1,796,753.59.
11. CONSIDERATION of ORDINANCE 16-09, amending Town of Fountain Hills town
Code, Chapter 9, Article 9-4, Section 9-4-3, and adding a new Section 9-4-4, Operation of
Model Aircraft or Unmanned Aircraft in Town Parks, all related to regulating the use of
drones in Town parks.
12. 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.
13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
14. ADJOURNMENT.
DATED this 8th day of September, 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.
z:\council packets\2016\r160915\160915a.docx Last Printed: 9/8/2016 9:43 AM Page 1 of 3
NOTICE OF THE
REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, SEPTEMBER 15, 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 Councilmember Henry Leger
Vice Mayor Nick DePorter Councilmember Alan Magazine
Councilmember Cassie Hansen Councilmember Cecil A. Yates
z:\council packets\2016\r160915\160915a.docx Last Printed: 9/8/2016 9:43 AM Page 2 of 3
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Trent Renner, Lead Pastor for Christ’s Church of Fountain Hills
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) INTRODUCTION of the Town of Fountain Hills’ Assistant Fire Chief Jason Payne.
iii) RECOGNITION of Cadette Girl Scout Troop #1059 for earning the Girl Scout
Silver Award (2nd highest award for a Girl Scout) for their “Take Action Project”,
which created a bright and inviting design at the entrance of one the Town’s Fitness
Hiking Trails at Golden Eagle Park.
iv) PRESENTATION by Maricopa County Sheriff’s Office Captain David Letourneau
regarding law drug statistics for 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
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
September 1, 2016.
2. CONSIDERATION of RESOLUTION 2016-25, accepting the election results from the
August 30, 2016 Primary Election.
3. CONSIDERATION of RESOLUTION 2016-24, approving an intergovernmental
agreement with the Fort McDowell Yavapai Nation relating to Proposition 202 funding.
4. CONSIDERATION of a BUDGET TRANSFER, in the amount of $1,000, from the
Economic Development Fund to the Tourism Fund to cover a budget overage for Fiscal
Year 2015-16.
z:\council packets\2016\r160915\160915a.docx Last Printed: 9/8/2016 9:43 AM Page 3 of 3
5. CONSIDERATION of approving COOPERATIVE PURCHASE AGREEMENT C2017-
043, with Desert Highway Signs, for signs and sign hardware, in an amount not to exceed
$40,000.00.
6. CONSIDERATION of approving COOPERATIVE PURCHASE AGREEMENT C2017-
044, with Pipe Line Video Inspections LLC, for storm drain pipe and structure cleaning,
television services, and storm drain pipe repair, in an amount not to exceed $200,000.00.
7. CONSIDERATION of approving AMENDMENT #3 to the Cooperative Purchasing
Agreement (C2016-182.3) with Vincon Engineering LLC, for concrete repair and
replacement, in the amount of $50.000.00.
8. CONSIDERATION of approving a SETTLEMENT AGREEMENT relating to a tax
enforcement action.
REGULAR AGENDA
9. CONSIDERATION of LEASE AGREEMENT between the Town and the Fountain Hills
Civic and Cultural Association for the Community Garden.
10. CONSIDERATION of approving COOPERATIVE PURCHASE AGREEMENT C2017-
045, between M. R. Tanner Development and Construction, Inc. and the Town of Fountain
Hills, for asphalt replacement and miscellaneous work, in an amount not to exceed
$1,796,753.59.
11. CONSIDERATION of ORDINANCE 16-09, amending Town of Fountain Hills town
Code, Chapter 9, Article 9-4, Section 9-4-3, and adding a new Section 9-4-4, Operation of
Model Aircraft or Unmanned Aircraft in Town Parks, all related to regulating the use of
drones in Town parks.
12. 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.
13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
14. ADJOURNMENT.
DATED this 8th day of September, 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.