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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
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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.
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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.