HomeMy WebLinkAbout111103PREVISED 11-2-11
NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. – EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. – REGULAR SESSION
WHEN: THURSDAY, NOVEMBER 3, 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 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
Councilmember Dennis Brown Councilmember Tait D. Elkie
Councilmember Dennis Contino Councilmember Cassie Hansen
Vice Mayor Ginny Dickey Councilmember Henry Leger
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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 for the public body in or der 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, for the
purpose of Dina Galassini v. Town of Fountain Hills); and §38-431.03(A)(1), 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 (specifically, for the purpose of reviewing town manager candidates’ applications.)
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Scott Mandeville from Four Peaks Community Church
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i) November 8, 2011 Election Reminders:
A ballot box is located at Town Hall (on the 2nd Floor) for those voters who do not
wish to return their voted ballots by mail to Maricopa County Elections.
Town Hall will be open from 6 a.m. to 7 p.m. on November 8 (Election Day) to
assist voters.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) RECOGNITION of service to the Town of Fountain Hills by Richard Schultz as a
Commissioner on the Strategic Planning Advisory Commission.
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
October 20, 2011.
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2. CONSIDERATION of an AMENDMENT to the Barbagallo Electric contract (C2012-
101), in the amount of $8,316 for the installation of Fire Station emergency generators.
3. CONSIDERATION of a SPECIAL EVENT APPLICATION for the TURKEY TROT 5K
RUN AND FITNESS WALK presented by the Town of Fountain Hills Community Services
Department on November 24, 2011, in downtown Fountain Hills. Lane restrictions will be
in effect on El Lago Blvd. and Avenue of the Fountains during this event.
4. CONSIDERATION of a SPECIAL EVENT APPLICATION for the THANKSGIVING
DAY PARADE presented by the Fountain Hills Chamber of Commerce on November 24,
2011, in downtown Fountain Hills. Sections of the Saguaro Blvd., Palisades Blvd., and La
Montana Dr. will be closed for this event.
5. CONSIDERATION of a SPECIAL EVENT APPLICATION for the STROLL IN THE
GLOW presented by the Fountain Hills Chamber of Commerce to be held on December 3,
2011, on the Avenue of the Fountains. Sections of the Avenue of the Fountains will be
closed for this event.
6. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Carlos Enrico Alvarez representing the Veterans of Foreign
Wars, Post #7507 for the purpose of a fund raiser. Event to be held at Saguaro Blvd and
Avenue of the Fountains, scheduled to be held on Friday and Saturday, November 11 and
12, 2011, from 9:00 AM to 10:00 PM and Sunday, November 13, 2011, from 10:00 AM to
10:00 PM.
REGULAR AGENDA ITEMS
7. CONSIDERATION of appointing one applicant to serve on the Planning and Zoning
Commission from Thursday, November 3, 2011, until September 30,2012.
8. CONSIDERATION of RESOLUTION 2011-13, approving an intergovernmental
agreement with the City of Scottsdale relating to design and construction of a
sidewalk/multi-use path along the south side of Shea Boulevard.
9. CONSIDERATION of RESOLUTION 2011-43, declaring a public record that certain
document filed with the Town Clerk and entitled the amendment to Fountain Hills Town
Code, Chapter 8, Special Events.”
10. CONSIDERATION of ORDINANCE 11–13, amending Fountain Hills Town Code
Chapter 8, Special Events.
11. 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.
12. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Interim
Town Manager/Finance Director Julie Ghetti.
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13. ADJOURNMENT.
DATED this 2nd day of November 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.
REVISED 11-2-11
NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. – EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. – REGULAR SESSION
WHEN: THURSDAY, NOVEMBER 3, 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 or 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 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
Councilmember Dennis Brown Councilmember Tait D. Elkie
Councilmember Dennis Contino Councilmember Cassie Hansen
Vice Mayor Ginny Dickey Councilmember Henry Leger
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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 for 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, for the
purpose of Dina Galassini v. Town of Fountain Hills); and §38-431.03(A)(1), 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 (specifically, for the purpose of reviewing town manager candidates’ applications.)
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Scott Mandeville from Four Peaks Community Church
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i) November 8, 2011 Election Reminders:
A ballot box is located at Town Hall (on the 2nd Floor) for those voters who do not
wish to return their voted ballots by mail to Maricopa County Elections.
Town Hall will be open from 6 a.m. to 7 p.m. on November 8 (Election Day) to
assist voters.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) RECOGNITION of service to the Town of Fountain Hills by Richard Schultz as a
Commissioner on the Strategic Planning Advisory Commission.
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
October 20, 2011.
Z:\Council Packets\2011\R11-3-11\111103Ar.docx Last printed 11/2/2011 6:22 AM Page 3 of 4
2. CONSIDERATION of an AMENDMENT to the Barbagallo Electric contract (C2012-
101), in the amount of $8,316 for the installation of Fire Station emergency generators.
3. CONSIDERATION of a SPECIAL EVENT APPLICATION for the TURKEY TROT 5K
RUN AND FITNESS WALK presented by the Town of Fountain Hills Community Services
Department on November 24, 2011, in downtown Fountain Hills. Lane restrictions will be
in effect on El Lago Blvd. and Avenue of the Fountains during this event.
4. CONSIDERATION of a SPECIAL EVENT APPLICATION for the THANKSGIVING
DAY PARADE presented by the Fountain Hills Chamber of Commerce on November 24,
2011, in downtown Fountain Hills. Sections of the Saguaro Blvd., Palisades Blvd., and La
Montana Dr. will be closed for this event.
5. CONSIDERATION of a SPECIAL EVENT APPLICATION for the STROLL IN THE
GLOW presented by the Fountain Hills Chamber of Commerce to be held on December 3,
2011, on the Avenue of the Fountains. Sections of the Avenue of the Fountains will be
closed for this event.
6. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Carlos Enrico Alvarez representing the Veterans of Foreign
Wars, Post #7507 for the purpose of a fund raiser. Event to be held at Saguaro Blvd and
Avenue of the Fountains, scheduled to be held on Friday and Saturday, November 11 and
12, 2011, from 9:00 AM to 10:00 PM and Sunday, November 13, 2011, from 10:00 AM to
10:00 PM.
REGULAR AGENDA ITEMS
7. CONSIDERATION of appointing one applicant to serve on the Planning and Zoning
Commission from Thursday, November 3, 2011, until September 30,2012.
8. CONSIDERATION of RESOLUTION 2011-13, approving an intergovernmental
agreement with the City of Scottsdale relating to design and construction of a
sidewalk/multi-use path along the south side of Shea Boulevard.
9. CONSIDERATION of RESOLUTION 2011-43, declaring a public record that certain
document filed with the Town Clerk and entitled the amendment to Fountain Hills Town
Code, Chapter 8, Special Events.”
10. CONSIDERATION of ORDINANCE 11–13, amending Fountain Hills Town Code
Chapter 8, Special Events.
11. 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.
12. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Interim
Town Manager/Finance Director Julie Ghetti.
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13. ADJOURNMENT.
DATED this 2nd day of November 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.
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Meeting Date:11/3/2011
Agenda Type:Regular
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Type:Regular Session
Submitting Department:Development Services
Staff Contact Information:Robert Rodgers,Senior Planner:480-816-5138;rrodgers@fh.az.gov
Council Goal:
Strategic Values:Not Applicable (NA)Not Applicable (NA)
REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of appointing one applicant to serve on the Planning
and Zoning Commission from Thursday,November 3,20 II until September 30,2012.
Applicant:N/A
Applicant Contact Information:N/A
Property Location:N/A
Related Ordinance,Policy or Guiding Principle:Council Rules of Procedure
Staff Summary (background):On October 13,2011,staff received a resignation letter from a current Planning
and Zoning Commissioner.This Commissioner's term would have ended on September 30,2012.The Town
Council Subcommittee met on October 27,2011,to choose from the recently interviewed applicants and
recommended an appointment to the Mayor.The neWly appointed Planning and Zoning Commissioner will
serve from Thursday,November 3,2011 until September 30,2012.
Risk Analysis (options or alternatives with implications):N/A
Fiscal Impact (initial and ongoing costs;budget status):N/A
Budget Reference (page number):N/A
Funding Source:NA
If Multiple Funds utilized,list here:N/A
Budgeted;if No,attach Budget Adjustment Form:NA
Recommendation(s)by Board(s)or Commission(s):N/A
Staff Recommendation(s):Staff recommends that the Mayor appoint to the Planning and
Zoning Commission to serve the vacant position from November 3,2011 until September 30,2012.
List Attachment(s):N/A
SUGGESTED MOTION (for Council use):Move to appoint to be seated on the Planning and
Zoning Commission to serve the vacant position from November 3,2011 until September 30,2012.
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