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HomeMy WebLinkAbout111215A NOTICE OF THE EXECUTIVE AND REGULAR 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 SESSION WHEN: THURSDAY, DECEMBER 15, 2011 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 o r by telephone conference call; a quorum of the Town’s various Commissions or Boards 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 rec eived either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name 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 Jay T. Schlum Councilmember Dennis Brown Councilmember Tait D. Elkie Councilmember Dennis Contino Councilmember Cassie Hansen Vice Mayor Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2011\R12-15-11\111215A.docx Last printed 12/8/2011 11:44 AM Page 2 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER – Mayor Jay T. Schlum 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §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, a proposed downtown development agreement). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum INVOCATION – Reverend Bill Good, Fountain Hills Presbyterian Church ROLL CALL – Mayor Jay T. Schlum MAYOR’S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) PRESENTATION by Craig Clifford of PFM Asset Management on the Town’s investment portfolio as of November, 2011. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), 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. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from November 17 and December 1, 2011. 2. CONSIDERATION of AUTHORIZING payment to the Maricopa County Elections Department, in accordance with the IGA (InterGovernmental Agreement), for direct support of the Town of Fountain Hills November 8, 2011 election, in the amount of $34,808.28; and for reimbursement of expenses incurred by the Maricopa County Recorder in certifying signatures as required by State law (A.R.S. §19-208.05), in the amount of $1,561.50, relating to recall petition 2011-RC001-01 ($777.00) and recall petition 2011-RC002-01 ($784.50). Z:\Council Packets\2011\R12-15-11\111215A.docx Last printed 12/8/2011 11:44 AM Page 3 of 4 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Valerie A. Stasik representing the Fountain Hills Theater, Inc., for the purpose of a New Year’s bash to be held at 11445 N. Saguaro Boulevard, on Saturday, December 31, 2011, from 5 PM to 2 AM. 4. CONSIDERATION for approval of RESOLUTION 2011-49, abandoning whatever right, title, or interest the Town has in certain portions of the 10’ public utility and drainage easement located at the rear property line of Plat 601-B, Block 2, Lot 6 (15852 E. Ponderosa Drive) as recorded in Book 166 of Maps, Page 31, Records of Maricopa County, Arizona, with stipulations. EA11-05 (Viking Construction, Incorporated – Mike Fink). 5. CONSIDERATION for approval of RESOLUTION 2011-44, abandoning whatever right, title, or interest the Town has in certain portions of the 20’ Public Utility and Drainage Easement located at the rear property line of Plat 213, Block 1, Lot 7 (15202 N. Peachtree Lane) as recorded in Book 155 of Maps, Page 24, Records of Maricopa county, Arizona. EA11-07 (Carlier) 6. CONSIDERATION of a TEMPORARY USE PERMIT for Diane Czernicki and Dixie Green Promotions at Plaza Fountainside, located at 12645 N. Saguaro Boulevard, for repeating outdoor retail sales events for 2012. Case #TU2011-08 REGULAR AGENDA ITEMS 7. CONSIDERATION of APPOINTING one (1) citizen to serve on the Public Safety Advisory Commission for the remainder of a two (2) year term, beginning December 15, 2011, and ending October 31, 2013. 8. CONSIDERATION of ACCEPTING a bronze sculpture titled, “Lincoln”, and APPROVING the placement. 9. DISCUSSION WITH POSSIBLE DIRECTION to staff regarding a funding request from the Capital Improvement Project contingency line item, in the amount of $27,767.55, for an unbudgeted item by the Fountain Hills Library Association for reimbursement of capital outlay cost for NEW CARPETING in the Town library. 10. DISCUSSION WITH POSSIBLE DIRECTION to staff regarding a funding request, in the amount of $2,250, for an unbudgeted item by Arizona Business Advisors represented by Michael Tyler relating to the establishment of a virtual BUSINESS INCUBATOR and possible contract for incubator services. 11. CONSIDERATION AND POSSIBLE ADOPTION of revision to STRATEGIC PLAN 2010. 12. CONSIDERATION of ORDINANCE 11-11, regarding modifications to Chapter 7 of the Town Code and transitional development impact fee schedules required to be adopted in compliance with changes to the State Law in SB 1525. 13. COUNCIL DISCUSSION/DIRECTION to the Interim Town Manager/Finance Director Julie Ghetti. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. Z:\Council Packets\2011\R12-15-11\111215A.docx Last printed 12/8/2011 11:44 AM Page 4 of 4 14. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Interim Town Manager/Finance Director Julie Ghetti. 15. ADJOURNMENT. DATED this 8th day of December 2011. _____________________________________ 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. NOTICE OF THE EXECUTIVE AND REGULAR 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 SESSION WHEN: THURSDAY, DECEMBER 15, 2011 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 o r by telephone conference call; a quorum of the Town’s various Commissions or Boards 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 rec eived either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name 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 Jay T. Schlum Councilmember Dennis Brown Councilmember Tait D. Elkie Councilmember Dennis Contino Councilmember Cassie Hansen Vice Mayor Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2011\R12-15-11\111215A.docx Last printed 12/8/2011 11:44 AM Page 2 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER – Mayor Jay T. Schlum 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §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, a proposed downtown development agreement). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum INVOCATION – Reverend Bill Good, Fountain Hills Presbyterian Church ROLL CALL – Mayor Jay T. Schlum MAYOR’S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) PRESENTATION by Craig Clifford of PFM Asset Management on the Town’s investment portfolio as of November, 2011. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), 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. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from November 17 and December 1, 2011. 2. CONSIDERATION of AUTHORIZING payment to the Maricopa County Elections Department, in accordance with the IGA (InterGovernmental Agreement), for direct support of the Town of Fountain Hills November 8, 2011 election, in the amount of $34,808.28; and for reimbursement of expenses incurred by the Maricopa County Recorder in certifying signatures as required by State law (A.R.S. §19-208.05), in the amount of $1,561.50, relating to recall petition 2011-RC001-01 ($777.00) and recall petition 2011-RC002-01 ($784.50). Z:\Council Packets\2011\R12-15-11\111215A.docx Last printed 12/8/2011 11:44 AM Page 3 of 4 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Valerie A. Stasik representing the Fountain Hills Theater, Inc., for the purpose of a New Year’s bash to be held at 11445 N. Saguaro Boulevard, on Saturday, December 31, 2011, from 5 PM to 2 AM. 4. CONSIDERATION for approval of RESOLUTION 2011-49, abandoning whatever right, title, or interest the Town has in certain portions of the 10’ public utility and drainage easement located at the rear property line of Plat 601-B, Block 2, Lot 6 (15852 E. Ponderosa Drive) as recorded in Book 166 of Maps, Page 31, Records of Maricopa County, Arizona, with stipulations. EA11-05 (Viking Construction, Incorporated – Mike Fink). 5. CONSIDERATION for approval of RESOLUTION 2011-44, abandoning whatever right, title, or interest the Town has in certain portions of the 20’ Public Utility and Drainage Easement located at the rear property line of Plat 213, Block 1, Lot 7 (15202 N. Peachtree Lane) as recorded in Book 155 of Maps, Page 24, Records of Maricopa county, Arizona. EA11-07 (Carlier) 6. CONSIDERATION of a TEMPORARY USE PERMIT for Diane Czernicki and Dixie Green Promotions at Plaza Fountainside, located at 12645 N. Saguaro Boulevard, for repeating outdoor retail sales events for 2012. Case #TU2011-08 REGULAR AGENDA ITEMS 7. CONSIDERATION of APPOINTING one (1) citizen to serve on the Public Safety Advisory Commission for the remainder of a two (2) year term, beginning December 15, 2011, and ending October 31, 2013. 8. CONSIDERATION of ACCEPTING a bronze sculpture titled, “Lincoln”, and APPROVING the placement. 9. DISCUSSION WITH POSSIBLE DIRECTION to staff regarding a funding request from the Capital Improvement Project contingency line item, in the amount of $27,767.55, for an unbudgeted item by the Fountain Hills Library Association for reimbursement of capital outlay cost for NEW CARPETING in the Town library. 10. DISCUSSION WITH POSSIBLE DIRECTION to staff regarding a funding request, in the amount of $2,250, for an unbudgeted item by Arizona Business Advisors represented by Michael Tyler relating to the establishment of a virtual BUSINESS INCUBATOR and possible contract for incubator services. 11. CONSIDERATION AND POSSIBLE ADOPTION of revision to STRATEGIC PLAN 2010. 12. CONSIDERATION of ORDINANCE 11-11, regarding modifications to Chapter 7 of the Town Code and transitional development impact fee schedules required to be adopted in compliance with changes to the State Law in SB 1525. 13. COUNCIL DISCUSSION/DIRECTION to the Interim Town Manager/Finance Director Julie Ghetti. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. Z:\Council Packets\2011\R12-15-11\111215A.docx Last printed 12/8/2011 11:44 AM Page 4 of 4 14. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Interim Town Manager/Finance Director Julie Ghetti. 15. ADJOURNMENT. DATED this 8th day of December 2011. _____________________________________ 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.