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HomeMy WebLinkAbout101007p NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 4:30 P.M. - EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, OCTOBER 7, 2010 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ 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 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 Vice Mayor Dennis Brown Councilmember Tait D. Elkie Councilmember Dennis Contino Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2010\R10-7-10\101007A.docx Last printed 9/30/2010 1:59 PM Page 2 of 3 EXECUTIVE SESSION AGENDA CALL TO ORDER 1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §38-431.03.A.1, Vote to go into executive session for: discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that with the exception of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a public meeting. (Specifically, interviewing candidates for possible appointment as the Town’s municipal judge.) 2.) ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum INVOCATION – Mr. Fred Widom, Temple Beth Hagivot ROLL CALL – Mayor Jay T. Schlum MAYOR’S REPORT i) The Mayor will read a Proclamation declaring October 2010, as Fire Prevention Month. ii) The Mayor will read a Proclamation declaring October 2010, as McDowell Mountain Month. iii) The Mayor will read a Proclamation declaring October 4 – 8, 2010, as Customer Service Week. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Presentation by Stephanie Siete, national drug prevention speaker with Community Bridges, relating to marijuana. ii) Presentation by the Employee Activities and Innovation Committee Chair Raymond Rees regarding the Keep Fountain Hills Beautiful Initiative [Take Pride in Fountain Hills’ Day – October 23, 2010, and Greater American Clean Up Day – March 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 1. CONSIDERATION of approving TOWN COUNCIL MEETING MINUTES from September 2, 14, 16, 21, and 23, 2010. 2. CONSIDERATION of ACCEPTING ten pieces of art for public display at the Community Center and Town Hall under the Public Art Master Plan. Z:\Council Packets\2010\R10-7-10\101007A.docx Last printed 9/30/2010 1:59 PM Page 3 of 3 3. CONSIDERATION of RESOLUTION 2010-38, designating the Town Manager as the Authorized Agent as required for application for Federal Emergency Management Funds (FEMA). REGULAR AGENDA 4. CONSIDERATION of APPOINTING four citizens to serve a two year term beginning October 1, 2010, through September 30, 2012, on the Planning and Zoning Commission. 5. CONSIDERATION of ACCEPTING the recommendations of the Fountain Lake Islands Citizen Committee to develop and maintain the three islands as natural areas. 6. COUNCIL DISCUSSION/DIRECTION to the Town Manager. 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. 7. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager. 8. ADJOURNMENT. DATED this 30th day of September 2010. 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. Only agency having oversight of this industry will be the Arizona Dept of Health Services Any person 18 or older to get a written ‘certification’ for medical marijuana Physician (M.D. or D.O.) Naturopath or Homeopath The “written certification” must state that a patient is likely to receive therapeutic or palliative*benefit from marijuana [*soothing, calming, analgesic sedative] The assessment process is not required to be conducted in person. •Cancer •Glaucoma •HIV/AIDS •Hepatitis C •ALS (Lou Gehrig’s disease) •Crohn’s disease •Agitation of Alzheimer’s •or the treatment of these conditions •Any chronic or debilitating disease or any symptoms associated with a medical condition or its treatment that produces: •Wasting syndrome •Severe nausea •Seizures •Severe and persistent muscle spasms •Severe and chronic pain PERSONS UNDER 18 MAY RECEIVE MEDICAL MARIJUANA CARDS WITH TWO DOCTOR CERTIFICATIONS AND PARENT OR LEGAL GUARDIAN CONSENT AND OVERSIGHT (no minimum age) Marijuana is not an approved drug by the FDA. Marijuana does not meet any current standards for a prescription drug product. A cardholder may purchase 2.5 ounces of marijuana every 14 days (100-200 marijuana cigarettes/joints) Patients may grow their own marijuana if they live more than 25 miles from a medical marijuana dispensary Up to 12 MJ plants [a marijuana plant is capable of yielding 1 -2 pounds of MJ] Caregivers may grow five times that amount •Must be 21 years old •May assist up to five registered cardholders •Help terminally ill, etc. •Convicted felons may be a caregiver and dispensary owner as long as they do not have a “violent felony conviction or drug conviction” within the last 10 years •Previous drug trafficking and/or child molester •May not charge fees, but can recover ‘costs’ (of cultivation, etc.) A.R.S. 43-1201 (B): NON-PROFIT MEDICAL DISPENSARIES UNDER TITLE 36, CHAPTER 28.1, ARE EXEMPT FROM THE TAXES IMPOSED UNDER THIS TITLE. ALLOWS ONE MARIJUANA DISPENSARY FOR EVERY 10 PHARMACIES IN ARIZONA THERE ARE 1,200 PHARMACIES IN ARIZONA … AND THE NUMBER IS GROWING WOULD IMMEDIATELY PERMIT 120 MARIJUANA DISPENSARIES IN ARIZONA, AND THE NUMBER WOULD GROW AS PHARMACIES ARE ADDED MARIJUANA DISPENSARY APPLICATIONS ARE FIRST- COME , FIRST-SERVED, AND ARE NOT REQUIRED TO BE APPORTIONED BY COUNTY, BY COUNTY POPULATION, OR BY PHARMACIES PER COUNTY. PROP 203 is silent regarding how much marijuana medical dispensaries can grow and cultivate. and … There is no restriction on cultivation location other than not within 500 feet of a public or private school … No registered qualifying patient may be denied custody or visitation or be denied ‘parenting time’ with a minor child There is no presumption of neglect or child endangerment for conduct allowed under Prop 203 No school may refuse to enroll a person because he/she is a registered marijuana cardholder No landlord may refuse to rent/lease or otherwise penalize a person because of his/her status as a registered cardholder Smoke damage to property Leftover carcinogenic effects An EMPLOYER may not discriminate against a qualified cardholder in hiring or terminating, or impose any term or condition of employment based on: A person’s status as a cardholder, or A positive drug test for marijuana components or metabolites, unless the patient used or was impaired on the premises during the hours of employment . Employer can not verify is marijuana card is valid Employees can operate machinery, drive vehicles, posses weapon, etc. Employer would be liable for damages/ accidents –the marijuana user would be protected Being in the presence or vicinity of medical use of marijuana. Being a registered designated caregiver. Administering marijuana to a cardholder. For offering or providing marijuana paraphernalia to another registered qualified patient or caregiver or non-profit marijuana dispensary. A registered medical marijuana dispensary is NOT subject to prosecution, search or inspection, seizure or penalty in any manner … A registered medical marijuana dispensary may not be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity for acting in accordance with Prop 203 to acquire, cultivate, manufacture, deliver, transfer, transport, supply, sell or dispense marijuana or related supplies to qualifying patients. A registered medical marijuana dispensary AGENT is not subject to arrest, prosecution, search or seizure or penalty in any manner and may not be denied any right or privilege, including civil penalty or court action or occupational or professional licensing, for working or volunteering for a medical marijuana dispensary… for acting in accordance with Prop 203 to acquire, cultivate, manufacture, deliver, transfer, transport, supply, sell, or dispense marijuana or related supplies to qualifying patients. All regulation of patients, caregivers, dispensaries, and reporting requirements is through the Arizona Department of Health Services. All information is confidential and not subject to inspection or distribution to law enforcement or other agencies. Law enforcement can only access the system to confirm that an ID number is current and valid, the name of the cardholder, and the amount of marijuana the patient received from dispensaries over the last 60 days. AZ Dept of Health Services can do inspection of marijuana dispensaries if “reasonable notice is given beforehand.” AZ Dept of Health Services can do an unannounced inspection of a food services facility but not a marijuana dispensary A person operating, navigating, having physical control of any motor vehicle, aircraft or motorboat, SHALL NOT be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana in insufficient concentration to cause ‘impairment’ (drugged driving). •Prohibits undertaking any task under the influence of marijuana that constitutes negligence or professional misconduct •No smoking of marijuana in prison or jail (*persons on probation & parole are eligible to be a cardholder) •No smoking marijuana on a school bus or public transportation •No smoking marijuana in public place •No smoking marijuana on the grounds of a preschool, primary or secondary school •(Colleges and Universities are exempt) Thank you! Stephanie Siete Director of Public Relations, Community Bridges www.CommunityBridgesAZ.org 1345192.1 RESOLUTION NO. 2010-38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, CHANGING THE DESIGNATED AUTHORIZED AGENT FOR FEDERAL EMERGENCY MANAGEMENT FUNDS. WHEREAS, pursuant to Resolution No. 2005-33, the Town of Fountain Hills (the “Town”) designated Timothy G. Pickering as the authorized agent for the Town for the purpose of obtaining Federal Emergency Management Agency (“FEMA”) funds; and WHEREAS, the Town Council desires to change the designation set forth in Resolution No. 2005-33 to designate Richard L. Davis as the authorized agent for the purpose of obtaining FEMA funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals set forth above are incorporated as if fully set forth herein. SECTION 2. Richard L. Davis is hereby designated as the applicant’s agent and authorized on behalf of the Town to execute all contracts, certify completion of work, request payments and prepare all documentation related to FEMA and Arizona Division of Emergency Management (“ADEM”) funding requirements. SECTION 3. The Town Council hereby authorizes the Town Attorney to execute ADEM’s Designation of Applicant’s Agent Form, attached hereto as Exhibit A and incorporated herein by reference, or other similar form as required by ADEM. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, October 7, 2010. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney 1345192.1 EXHIBIT A TO RESOLUTION NO. 2010-38 [Designation of Applicant’s Agent Form] See following page. RIZONA DIVISION OF EMERGENCY MANAGEMENT DESIGNATION OF APPLICANT’S AGENT FORM Received By: ________________ July 2000 Form # AZ PA 204-4 (Initials & Date) The intent of this DESIGNATION is to appoint an APPLICANT’S AGENT for the following term: For PCA No. ______ only For the period of ____ to____ Until further notice Until further notice for HAZMAT incident Applicant Name:__________________________________________________________ CERTIFICATION I, ____________________________________, duly appointed and ___________________________ of (Authorizing Official’s Name) (Title) ________________________________________, do hereby certify that the information below is true (Applicant Name) and correct, based on a resolution passed and approved by the _________________________________ (Governing Body) of ___________________________________ on the _________ day of _____________, __________. (Applicant Name) (day) (month) (year) _______________________________________________ has been designated as the Applicant Agent (Name of Designated Applicant Agent) to act on behalf of ________________________________________________________ . (Applicant Name) ____________________________________ __________________________ _________________ (Authorizing Official’s Signature) (Title) (Date) Designated Applicant’s Agent Name ____________________________________________________________________________ Title/Official Position _______________________________________________________________ Mailing Address ____________________________________________________________________ City, State, Zip _____________________________________________________________________ Daytime Telephone Number ____________________________ Fax __________________________ (Please include area code and extension if not a direct number) E-mail Address ___________________________________ Pager/Cell For ADEM Use Only A plan to guide the management of our Treasured Islands Prepared by Meg Gaeta and Bill Schmitt for the Fountain Lake Green Islands Committee PROJECT HISTORY The Greening of Fountain Lake Islands is a project to create and support a long term plan to guide the use, development, and care of the three islands in Fountain Lake. The reason for the effort is that the islands, just by their placement in a desert oasis, makes them a natural treasure as they provide the only space in the park (however small) that is protected from extensive human impact. Thus the islands provide an outstanding place for maintaining a natural desert botanical garden that provides habitat for local and transient wildlife. This, in turn, is an attraction that is treasured by thousands of citizens who use Fountain Park. The need for our effort is that there has always existed many diverse opinions concerning the look and use of the islands. As a result the islands often look like soldiers with battle scars from continuous impacts. This report reflects recommendations created by the efforts of many citizens during the past 2 years to create this long-range plan to guide the management of the islands as a natural setting that is green, environmentally responsible, and attractive. NATIVE CACTUS ISLAND The biggest island in the lake provides a backdrop for the amphitheater. It is populated with 2 large trees and 2 smaller trees, a fan palm and 5 large saguaros. This island provides the best shade and cover for all of the wildlife on the lake. NATIVE CACTUS ISLAND Largest in Fountain Lake (80 X 40 feet). Additional plantings should include native shrubs and chollas clustered in the center of the island. The goal is to present a scenic native desert planting. NATIVE CACTUS ISLAND Non-native grasses and weeds should be managed. Keep existing Cacti and Trees. Possible additions selected from the following: Creosote Staghorn chollas Desert hackberry, (Celtis pallid) Jojoba Hopbush, (Donada species) Four-wing saltbush, (Atriplex canescens) Chuparosa (Justicia californica) Barrel cactus NATIVE CACTUS ISLAND VISITORS PLAYA ISLAND This island near the North shore of the lake has 2 trees and a ruby red prickly pear. There are also “volunteer” bushes and grasses. The area serves as a resting spot for many waterfowl and shore birds. PLAYA ISLAND Approximately 60 feet long and 40 feet wide, 25 feet from the shore, Playa Island is most affected by the fountain spray which increases salt content in the soil and is currently overwhelmed with weeds. •Keep existing Cacti and Trees. Possible shrub and flowering plant additions such as the following: Desert adapted wildflowers Blackfoot daisy Globe mallow poppy Mexican gold poppy Desert marigold Red salvia Ice plant Blue sage Parry penstemon Yellow dot Desert bluebell Firecracker penstemon Red-hot poker Native Shrubs Creosote Staghorm chollas Jojoba PLAYA ISLAND SHOREBIRD ISLAND Island enhances and is a part of the Veterans’ Memorial. It currently has one large shade tree and is otherwise bare. Because of more extensive shallow water areas, it attracts a diverse array of wading birds. SHOREBIRD ISLAND About 45 feet long by 30 feet wide, Shorebird Island should be planted with wildflowers and short (24") native, non-invasive grasses to coordinate with the flower garden to be planted adjacent on the shore near the Veteran Memorial. Keep existing Tree. Possible flowering plant additions. Select from the following: Desert adapted wildflowers Blackfoot daisy Globe mallow poppy Mexican gold poppy Desert marigold Red salvia Ice plant Blue sage Parry penstemon Yellow dot Desert bluebell Firecracker penstemon Red-hot poker Grasses under 24” •Blue grama •Tufted hair •Saltgrass (Distichlis spicata) SHOREBIRD ISLAND SHOREBIRD ISLAND Issues to be addressed for island improvements: Physical Needs:Actions: Watering system on each island to be used as needed. Topsoil and compost. Plants as specified. Signage in the future to enhance education opportunities. Approval of the plan by City Council. Creation of a specific plan for each island. Fund raising to support water system, soil enhancement, and plantings. Volunteers to help with planting and weeding. Criteria needed for a comprehensive island plan: Designation of the islands to be naturally wild green areas as opposed to highly sculpted and managed areas. Focus on developing plant communities of desert plants using xeriscape concepts. Manage plants by weeding out non-native species and only trimming when necessary to ensure plant health. Limit necessary cultivation and management activity from September to February. Be compatible with the Greening of the Downtown effort. Keep the islands wildlife friendly while, at the same time, not supporting problematic situations such as permanent residence by Canada Geese or Coots. City funding is very scarce and implementation of this plan is dependent on significant volunteer help and fundraising.