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REVISED 11-15-17
POST ACTION AGENDA NOTICE
NOTICE OF THE
REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME 5:30 P.M.
WHEN: TUESDAY, NOVEMBER 21, 2017
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 Alan Magazine
Councilmember Nick DePorter Councilmember Art Tolis
Councilmember Henry Leger Councilmember Cecil A. Yates
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REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
5:31 P.M.
INVOCATION – Dr. Bobby Brewer, Pastor, North Chapel
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) The Mayor will read a PROCLAMATION declaring November 25, 2017 as Small
Business Saturday in the Town of Fountain Hills.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating
to Economic Development.
ii) RECOGNITION of Commissioners Mike Archambault and Roger Owers for their
service on the Planning and Zoning Commission.
iii) PRESENTATION of the Town of Fountain Hills’ Comprehensive Annual Financial
Report (CAFR) for the fiscal year ending June 30, 2017, by Jennifer Shields,
Partner, with Heinfeld, Meech & Co.
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 lega l 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 – APPROVED AS LISTED
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
October 3 and 10, 2017.
2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION for agent
change, acquisition of control-restructure, submitted by Michael Joseph, Basha Agent of
Bashas' Inc. DBA Bashas #47, located at 16605 E Palisades Blvd Fountain Hills, AZ. This
is for a series 9 license (Liquor Store).
3. CONSIDERATION of approving the THIRD AMENDMENT to Professional Services
Agreement C2017-002 with Power Tech Contracting, in the amount of $7,825.00, for on-
call and call-out traffic signal services.
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4. CONSIDERATION of approving RESOLUTION 2017-49, an abandonment of a portion
of the 10' Public Utility and Drainage Easement located at the northerly (rear) and easterly
(side) property lines of Plat 605C, Block 3, Lot 24 (11013 N. Buffalo Drive), as recorded in
Book 164, Page 14, records of Maricopa County, Arizona, with stipulation.(EA 2017-09)
5. CONSIDERATION of approving NAMING the Trail at the North Entry at McDowell
Mountain Regional Park as the Sonoran Trail and the newly constructed loops to the
Sonoran Trail as the Lower Sonoran Trail.
6. CONSIDERATION of approving RESOLUTION 2017-41, continuing the McDowell
Mountain Preserve Commission, a Commission appointed by the Town Council, and
adopting amended bylaws for its governance.
7. CONSIDERATION of AUTHORIZING the use of Capital Improvement Project
Contingency Funds, in the amount of $10,240.00, to complete Capital Improvement Project
(F4032), the Town-wide lighting upgrades.
Regular Agenda
8. CONSIDERATION of the FIRST AMENDMENT to Cooperative Purchasing 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
$2,500,000.00. APPROVED
9. CONSIDERATION of RESOLUTION 2017-47, ordering and calling a special election to
be held on May 15, 2018, for the purpose of submitting to the qualified electors of the Town
of Fountain Hills the question of levying a primary property tax, in an amount not to exceed
$7,000,000.00. APPROVED
10. 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.
11. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
12. ADJOURNMENT. 6:39 P.M.
DATED this 14th day of November, 2017.
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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REVISED 11-15-17
NOTICE OF THE
REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME 5:30 P.M.
WHEN: TUESDAY, NOVEMBER 21, 2017
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 Alan Magazine
Councilmember Nick DePorter Councilmember Art Tolis
Councilmember Henry Leger Councilmember Cecil A. Yates
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REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Dr. Bobby Brewer, Pastor, North Chapel
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) The Mayor will read a PROCLAMATION declaring November 25, 2017 as Small
Business Saturday in the Town of Fountain Hills.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating
to Economic Development.
ii) RECOGNITION of Commissioners Mike Archambault and Roger Owers for their
service on the Planning and Zoning Commission.
iii) PRESENTATION of the Town of Fountain Hills’ Comprehensive Annual Financial
Report (CAFR) for the fiscal year ending June 30, 2017, by Jennifer Shields,
Partner, with Heinfeld, Meech & Co.
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
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
October 3 and 10, 2017.
2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION for agent
change, acquisition of control-restructure, submitted by Michael Joseph, Basha Agent of
Bashas' Inc. DBA Bashas #47, located at 16605 E Palisades Blvd Fountain Hills, AZ. This
is for a series 9 license (Liquor Store).
3. CONSIDERATION of approving the THIRD AMENDMENT to Professional Services
Agreement C2017-002 with Power Tech Contracting, in the amount of $7,825.00, for on-
call and call-out traffic signal services.
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4. CONSIDERATION of approving RESOLUTION 2017-49, an abandonment of a portion
of the 10' Public Utility and Drainage Easement located at the northerly (rear) and easterly
(side) property lines of Plat 605C, Block 3, Lot 24 (11013 N. Buffalo Drive), as recorded in
Book 164, Page 14, records of Maricopa County, Arizona, with stipulation.(EA 2017-09)
5. CONSIDERATION of approving NAMING the Trail at the North Entry at McDowell
Mountain Regional Park as the Sonoran Trail and the newly constructed loops to the
Sonoran Trail as the Lower Sonoran Trail.
6. CONSIDERATION of approving RESOLUTION 2017-41, continuing the McDowell
Mountain Preserve Commission, a Commission appointed by the Town Council, and
adopting amended bylaws for its governance.
7. CONSIDERATION of AUTHORIZING the use of Capital Improvement Project
Contingency Funds, in the amount of $10,240.00, to complete Capital Improvement Project
(F4032), the Town-wide lighting upgrades.
Regular Agenda
8. CONSIDERATION of the FIRST AMENDMENT to Cooperative Purchasing 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
$2,500,000.00.
9. CONSIDERATION of RESOLUTION 2017-47, ordering and calling a special election to
be held on May 15, 2018, for the purpose of submitting to the qualified electors of the Town
of Fountain Hills the question of levying a primary property tax, in an amount not to exceed
$7,000,000.00.
10. 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.
11. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
12. ADJOURNMENT.
DATED this 14th day of November, 2017.
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.