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z:\council packets\2017\r171205\171205a.docx Last Printed: 11/29/2017 3:48 PM Page 1 of 4
REVISED – 11/29/17
NOTICE OF MEETINGS
MEETING AND POSSIBLE EXECUTIVE SESSION
AND REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 4:30 P.M. – MEETING AND POSSIBLE EXECUTIVE SESSION [Executive
Session will be held in the Fountain Conference Room - 2nd floor]
5:30 P.M. – REGULAR SESSION
WHEN: TUESDAY, DECEMBER 5, 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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NOTICE OF MEETING AND POSSIBLE EXECUTIVE SESSION
Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Fountain Hills Town
Council and to the general public that the Town Council will hold a meeting open to the public on
December 5, 2017, beginning at 4:30 PM, for the purpose of deciding whether to go into Executive
Session. If authorized by a majority vote of the Council, the Executive Session will be held
immediately after the vote and will not be open to the public.
CALL TO ORDER – Mayor Linda M. Kavanagh
ROLL CALL – Mayor Linda M. Kavanagh
VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (i) A.R.S. § 38-431.03(A)(3),
discussion or consultation for legal advice with the attorney or attorneys of the public body;
and, (ii) 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 discussion conducted in order to avoid or resolve litigation
(Specifically relating to the Adero Canyon Development Agreement, Eagles Nest Development
Agreement, Adero Canyon Phase 2 PAD, General Plan Amendment).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Ken Brown, Fountain Hills Presbyterian Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating
to Economic Development.
ii) ROTATION OF THE VICE MAYOR position to Councilmember Dennis Brown,
Pursuant to Section 2-2-2 of the Fountain Hills Town Code, that each member of the
Council, except the Mayor, shall serve an eight-month term as Vice Mayor and shall
perform the duties of the Mayor during his absence or disability.
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.
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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 subseq uent 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 p ublic 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 17, November 8, 14, and 21, 2017.
2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for the Fountain Hills Theater (submitted by Suzanna Henderson), located
at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, for the purpose of a fundraiser from
6:00 PM to 12:00 AM on Saturday, December 30, 2017.
3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for the Fountain Hills Cultural and Civic Association - Community Garden
(submitted by Jyoti Patel) scheduled in conjunction with The Wine and Chocolate Festival
to be held at the Community Garden on Saturday, January 18, 2018, from 3:00 PM - 5:00
PM.
4. CONSIDERATION of approving five BUDGET TRANSFERS from the Town’s General
Government Contingency account: i) $10,000 for renewal of contract with Cecil Paterson;
ii) $25,000 to replace lights in the dog park damaged by storms during the summer; iii)
$3,177.15 for the replacement of the projector in the Fountain conference room; iv) $39,390
for the Fountain Lake lagoon feasibility studies; and (v) $200,000 to the Vehicle
Replacement Fund to fully fund the purchase of the new fire truck.
Regular Agenda
5. CONSIDERATION of RESOLUTION 2017-25, abandoning whatever right, title, or
interest the Town has in the certain General Public and Pedestrian Access Easements,
located in Tracts A1 and A2 (the private roadway tracts) of the Diamante del Lago Plat, as
recorded in Book 516, Page 17, records of Maricopa County, Arizona, with stipulations.
(EA 2017-03)
6. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the
SCULPTURE titled, "Fountain of Light" for display on the east end of the Avenue of the
Fountains.
7. CONSIDERATION of COOPERATIVE PURCHASE AGREEMENT C2018-077 with
Infrastructure Asset Management, LLC, in the amount of $69,995.00, for pavement
performance data collection and reporting.
8. CONSIDERATION of ORDINANCE 17-13, authorizing the Town of Fountain Hills to
become a member of the Regional Public Transportation Authority.
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9. CONSIDERATION of RESOLUTION 2017-44, appointing the Mayor or Mayor’s
designee to serve on the Regional Public Transportation Authority Board of Directors.
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.
i.) Technology Drive update by Town Manager Grady Miller.
12. ADJOURNMENT.
DATED this 28th 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 – 11/29/17
NOTICE OF MEETINGS
MEETING AND POSSIBLE EXECUTIVE SESSION
AND REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 4:30 P.M. – MEETING AND POSSIBLE EXECUTIVE SESSION [Executive
Session will be held in the Fountain Conference Room - 2nd floor]
5:30 P.M. – REGULAR SESSION
WHEN: TUESDAY, DECEMBER 5, 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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NOTICE OF MEETING AND POSSIBLE EXECUTIVE SESSION
Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Fountain Hills Town
Council and to the general public that the Town Council will hold a meeting open to the public on
December 5, 2017, beginning at 4:30 PM, for the purpose of deciding whether to go into Executive
Session. If authorized by a majority vote of the Council, the Executive Session will be held
immediately after the vote and will not be open to the public.
CALL TO ORDER – Mayor Linda M. Kavanagh
ROLL CALL – Mayor Linda M. Kavanagh
VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (i) A.R.S. § 38-431.03(A)(3),
discussion or consultation for legal advice with the attorney or attorneys of the public body;
and, (ii) 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 discussion conducted in order to avoid or resolve litigation
(Specifically relating to the Adero Canyon Development Agreement, Eagles Nest Development
Agreement, Adero Canyon Phase 2 PAD, General Plan Amendment).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Ken Brown, Fountain Hills Presbyterian Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating
to Economic Development.
ii) ROTATION OF THE VICE MAYOR position to Councilmember Dennis Brown,
Pursuant to Section 2-2-2 of the Fountain Hills Town Code, that each member of the
Council, except the Mayor, shall serve an eight-month term as Vice Mayor and shall
perform the duties of the Mayor during his absence or disability.
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.
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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 subseq uent 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 p ublic 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 17, November 8, 14, and 21, 2017.
2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for the Fountain Hills Theater (submitted by Suzanna Henderson), located
at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, for the purpose of a fundraiser from
6:00 PM to 12:00 AM on Saturday, December 30, 2017.
3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for the Fountain Hills Cultural and Civic Association - Community Garden
(submitted by Jyoti Patel) scheduled in conjunction with The Wine and Chocolate Festival
to be held at the Community Garden on Saturday, January 18, 2018, from 3:00 PM - 5:00
PM.
4. CONSIDERATION of approving five BUDGET TRANSFERS from the Town’s General
Government Contingency account: i) $10,000 for renewal of contract with Cecil Paterson;
ii) $25,000 to replace lights in the dog park damaged by storms during the summer; iii)
$3,177.15 for the replacement of the projector in the Fountain conference room; iv) $39,390
for the Fountain Lake lagoon feasibility studies; and (v) $200,000 to the Vehicle
Replacement Fund to fully fund the purchase of the new fire truck.
Regular Agenda
5. CONSIDERATION of RESOLUTION 2017-25, abandoning whatever right, title, or
interest the Town has in the certain General Public and Pedestrian Access Easements,
located in Tracts A1 and A2 (the private roadway tracts) of the Diamante del Lago Plat, as
recorded in Book 516, Page 17, records of Maricopa County, Arizona, with stipulations.
(EA 2017-03)
6. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the
SCULPTURE titled, "Fountain of Light" for display on the east end of the Avenue of the
Fountains.
7. CONSIDERATION of COOPERATIVE PURCHASE AGREEMENT C2018-077 with
Infrastructure Asset Management, LLC, in the amount of $69,995.00, for pavement
performance data collection and reporting.
8. CONSIDERATION of ORDINANCE 17-13, authorizing the Town of Fountain Hills to
become a member of the Regional Public Transportation Authority.
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9. CONSIDERATION of RESOLUTION 2017-44, appointing the Mayor or Mayor’s
designee to serve on the Regional Public Transportation Authority Board of Directors.
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.
i.) Technology Drive update by Town Manager Grady Miller.
12. ADJOURNMENT.
DATED this 28th 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.