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NOTICE OF THE
REGULAR SESSION OF THE
'chars �Y''FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Councilmember Dennis Brown
Vice Mayor Nick DePorter
Councilmember Henry Leger
TIME: 6:30 P.M.
WHEN: THURSDAY, JANUARY 19, 2017
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
REVISED: 1/18/17
Councilmember Alan Magazine
Councilmember Art Tolis
Councilmember Cecil A. Yates
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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AIN�l
NOTICE OF THE
REGULAR SESSION OF THE
'chars �Y''FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Councilmember Dennis Brown
Vice Mayor Nick DePorter
Councilmember Henry Leger
TIME: 6:30 P.M.
WHEN: THURSDAY, JANUARY 19, 2017
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
REVISED: 1/18/17
Councilmember Alan Magazine
Councilmember Art Tolis
Councilmember Cecil A. Yates
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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REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Rabbi Mende Lipskier, the Chabad of Fountain Hills
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) The Mayor will read a Proclamation declaring February 9, 2017 as Pony Express
Day in the Town of Fountain Hills.
ii) The Mayor will read a Proclamation recognizing Pastor Don Lawrence for his
contributions to the Town of Fountain Hills.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor and/or Council may review RECENT EVENTS attended relating to
Economic Development.
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
January 5, 2017.
2. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE
APPLICATION for Grand Canyon Winery, Inc (Charles Martinet) to be located along the
Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affaire,
from 10:00 AM to 5:00 PM daily, from Friday, March 24, 2017, through Sunday, March 25,
2017.
3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for the Veterans of Foreign Wars Post #7507 (Boris Biloskirka) for the
promotion of a fund raiser to be held at two locations: (1) at Verde River Drive and (2) on
Saguaro Boulevard, between Paul Nordin Parkway and Avenue of the Fountains, Fountain
Hills, AZ, in conjunction with the Fountain Hills Great Fair, from 10:00 AM to 6:00 PM
daily, Friday, February 24, 2017, through Sunday, February 26, 2017.
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4. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE
APPLICATION for Cellar 433 (John McLoughlin) for the promotion of a fund raiser to be
held on Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine
Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 24, 2017, through Sunday,
March 26, 2017.
REGULAR AGENDA
5. CONSIDERATION of RESOLUTION 2017-01, 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 602A, Block 1, Lot 36 (15524 E. Cavern Drive), as recorded in Book
161, Page 42, records of Maricopa County, Arizona. (EA2017-01)
6. CONSIDERATION of an AGREEMENT OF SALE, between the Town of Fountain Hills
and Fountain Hills Theater, Inc., for sale of the Community Theater property.
7. CONSIDERATION of RATIFYING the Town Manager's emergency procurement related
to repairs to the Fountain Lake aeration system and AUTHORIZING the Town Manager to
execute contracts related to the repairs in an amount not to exceed $203,000.
DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item
included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN
or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE
LEGISLATURE.
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:
i.) None.
10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
11. ADJOURNMENT.
DATED this 12th day of January, 2016.
Bevelyn J. ender, 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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REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Rabbi Mende Lipskier, the Chabad of Fountain Hills
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) The Mayor will read a Proclamation declaring February 9, 2017 as Pony Express
Day in the Town of Fountain Hills.
ii) The Mayor will read a Proclamation recognizing Pastor Don Lawrence for his
contributions to the Town of Fountain Hills.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor and/or Council may review RECENT EVENTS attended relating to
Economic Development.
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
January 5, 2017.
2. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE
APPLICATION for Grand Canyon Winery, Inc (Charles Martinet) to be located along the
Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affaire,
from 10:00 AM to 5:00 PM daily, from Friday, March 24, 2017, through Sunday, March 25,
2017.
3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for the Veterans of Foreign Wars Post #7507 (Boris Biloskirka) for the
promotion of a fund raiser to be held at two locations: (1) at Verde River Drive and (2) on
Saguaro Boulevard, between Paul Nordin Parkway and Avenue of the Fountains, Fountain
Hills, AZ, in conjunction with the Fountain Hills Great Fair, from 10:00 AM to 6:00 PM
daily, Friday, February 24, 2017, through Sunday, February 26, 2017.
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4. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE
APPLICATION for Cellar 433 (John McLoughlin) for the promotion of a fund raiser to be
held on Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine
Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 24, 2017, through Sunday,
March 26, 2017.
REGULAR AGENDA
5. CONSIDERATION of RESOLUTION 2017-01, 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 602A, Block 1, Lot 36 (15524 E. Cavern Drive), as recorded in Book
161, Page 42, records of Maricopa County, Arizona. (EA2017-01)
6. CONSIDERATION of an AGREEMENT OF SALE, between the Town of Fountain Hills
and Fountain Hills Theater, Inc., for sale of the Community Theater property.
7. CONSIDERATION of RATIFYING the Town Manager's emergency procurement related
to repairs to the Fountain Lake aeration system and AUTHORIZING the Town Manager to
execute contracts related to the repairs in an amount not to exceed $203,000.
DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item
included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN
or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE
LEGISLATURE.
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:
i.) None.
10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
11. ADJOURNMENT.
DATED this 12th day of January, 2016.
Bevelyn J. ender, 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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