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NOTICE OF THE EXECUTIVE AND
REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:30 P.M. – EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, DECEMBER 6, 2012
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 Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Vice Mayor Henry Leger
Councilmember Tait D. Elkie Councilmember Cecil A. Yates
Last printed 11/29/2012 8:22 AM Page 2 of 3
EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION : PURSUANT TO
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 discussions conducted in order to avoid or resolve litigation
(Specifically, an engineering contract for the Avenue of the Fountains Median Project).
2. ADJOURNMENT
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Tom Daly, Trinity Lutheran Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) PRESENTATION by Mark Lewis, Director of Central Arizona Project.
ii.) PRESENTATION by the Town’s Sales Tax Auditor, Albert Holler, of Albert
Holler & Associates, relating to the Governor’s Transaction Privilege Tax (TPT)
Simplification Task Force.
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
November 13 & 15, 2012.
Last printed 11/29/2012 8:22 AM Page 3 of 3
2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION, submitted by
Susan Ying Tam, Owner/Agent of China Inn ND LLC DBA Pacific Moon Chinese
Restaurant, located at 16740 Palisades Blvd #110, Fountain Hills, AZ. This is for a series 12
license (Restaurant).
REGULAR AGENDA ITEMS
3. CONSIDERATION of APPOINTING four citizens to the Public Safety Advisory
Commission, each to serve a 2-year term beginning January 1, 2013, and ending December
31, 2015.
4. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
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.
5. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
6. ADJOURNMENT.
DATED this 29th day of November, 2012.
_____________________________________
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.
NOTICE OF THE EXECUTIVE AND
REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:30 P.M. – EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, DECEMBER 6, 2012
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 Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Vice Mayor Henry Leger
Councilmember Tait D. Elkie Councilmember Cecil A. Yates
Last printed 11/29/2012 8:22 AM Page 2 of 3
EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION : PURSUANT TO
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 discussions conducted in order to avoid or resolve litigation
(Specifically, an engineering contract for the Avenue of the Fountains Median Project).
2. ADJOURNMENT
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Tom Daly, Trinity Lutheran Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) PRESENTATION by Mark Lewis, Director of Central Arizona Project.
ii.) PRESENTATION by the Town’s Sales Tax Auditor, Albert Holler, of Albert
Holler & Associates, relating to the Governor’s Transaction Privilege Tax (TPT)
Simplification Task Force.
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
November 13 & 15, 2012.
Last printed 11/29/2012 8:22 AM Page 3 of 3
2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION, submitted by
Susan Ying Tam, Owner/Agent of China Inn ND LLC DBA Pacific Moon Chinese
Restaurant, located at 16740 Palisades Blvd #110, Fountain Hills, AZ. This is for a series 12
license (Restaurant).
REGULAR AGENDA ITEMS
3. CONSIDERATION of APPOINTING four citizens to the Public Safety Advisory
Commission, each to serve a 2-year term beginning January 1, 2013, and ending December
31, 2015.
4. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
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.
5. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
6. ADJOURNMENT.
DATED this 29th day of November, 2012.
_____________________________________
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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Purpose/Background
In the later stages of planning and constructing the CAP Aqueduct System, the USBR anticipated the
development of trails alongside the aqueduct. When reasonable and possible, the USBR acquired sufficient land
and located the fence to allow for a 10 ft. to 20 ft. wide trail to be developed outside the fenced right-of-way,
generally along the downhill side of the canal. The USBR has specific authority to partner in a contractual
relationship with local governmental sponsors to cost share in trails to be developed and managed by the local
entity. The CAP Board would like the trails to be developed for public use as soon as reasonably possible and
intends to be proactive in facilitating the appropriate agreements. Emphasis should be focused on the urban
areas, particularly in those areas where the trail could be developed in conjunction with the development of the
adjacent area.
Policy
1. The CAP recreational trail is planned on the unfenced strip of land (approximately twenty feet wide) between
CAP’s canal security fence and its canal property boundary line. The general trail location is on the downhill side
(south or west) of the canal in the Phoenix area, west of the canal in the Pinal County area and on the uphill
(east) side of the Pima County area but switches sides in specific locations. The trail is planned for multiple
recreational uses; i.e., walking, jogging, equestrian use, bicycling, and roller blading if paved. However, public
motorized uses will not be allowed.
2. The recreation trail shall be outside CAP’s security-fenced “closed” aqueduct system for operational, security,
maintenance and liability reasons. CAP preserves its right to use the planned trail area for the maintenance of the
CAP security fence.
3. CAP will facilitate the recreation agreements between the city or county cost-sharing sponsors and
Reclamation; this facilitation will include working with the prospective sponsors’ councils or boards, planning
commissions, trail committees, and Reclamation. CAP will move the security fence where necessary for trail width
if feasible from an operational perspective. CAP may also contribute such work as landscaping in advance of trail
agreements or other activities that will promote and advance trail development.
4. In urban areas CAP will work with each jurisdiction’s planning department prior to review and permitting of
new developments adjacent to the trail. CAP will request that the permitting secure an added trail width or
setback in areas where less than twenty feet of CAP property is available for trail development. Comments are
routinely requested from CAP’s Engineering Department on adjacent new subdivision developments. When
reviewing these, CAP will confirm the request for additional width or trail setback in areas that are adjacent to the
planned trail.
5. CAP will consider the possibilities of recreation trails for non-motorized use in the areas of CAP recharge
projects, particularly the Agua Fria Recharge Project or other recharge projects where CAWCD has ownership of
or easement rights to use the land. CAP may initiate, build, or sponsor recreation trail projects on CAP land in
these areas, participate with recreation trail plans of other jurisdictions, or facilitate projects with landowners.
Recharge project operations, however, retain first priority; any recreational plans considered shall not adversely
impact CAP recharge project operations.
Page 1 of 2
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 12/6/2012
Meeting Type: Regular Session
Agenda Type: Regular
Submitting Department: Administration
Staff Contact Information: Ken Buchanan,Town Manager, kbuchanan@fh.az.gov, 480-816-5130
Strategic Values:
Public Safety, Health Welfare
Council Goal:
CR2/CR3 Use citizen talent and foster volunteerism
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of APPOINTING four citizens to the Public
Safety Advisory Commission, each to serve a 2-year term beginning January 1, 2013, and ending
December 31, 2015.
Applicant:
Applicant Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle:
Staff Summary (background): Mayor Kavanagh appointed Vice Mayor Leger, Councilmember Elkie and
Councilmember Yates a Town Council Subcommittee to interview applicants and provide a recommendation
on appointees to fill four upcoming vacancies on PSAC. The subcommittee’s recommendations were
transmitted to Mayor Kavanagh.
Risk Analysis (options or alternatives with implications):
Fiscal Impact (initial and ongoing costs; budget status):
Budget Reference (page number):
Funding Source: NA
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s):
Staff Recommendation(s):
List Attachment(s):