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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, FEBRUARY 21, 2013
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 Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
Last printed 2/14/2013 10:35 AM Page 2 of 4
EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND 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
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, relating to Nature’s AZ Medicines, Inc.).
2. ADJOURNMENT
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) The Mayor may review recent events attended relating to economic development.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) Update by Councilmember Dickey relating to the Maricopa Association of
Governments (MAG) Regional Domestic Violence Council.
ii.) Update by Councilmembers Dickey and Yates relating to Grand Canyon University.
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.
Last printed 2/14/2013 10:35 AM Page 3 of 4
CONSENT AGENDA ITEMS (1 – 7)
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 subsequent
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 public wishes to discuss an item on the
consent agenda, they may request so prior to the motion to accept the Consent Agenda. The item
will be removed from the Consent Agenda and considered its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
February 7, 2013.
2. CONSIDERATION of approving an APPLICATION FOR EXTENSION OF
PREMISES/PATIO PERMIT, TEMPORARY CHANGE submitted by Merita Kraja,
representing the Euro Pizza Cafe, for the purpose of a temporary extension of premises, in
conjunction with the Discraft Memorial Championship event, to be held at 12645 N Saguaro
Blvd #11, on Saturday, March 2, 2013.
3. CONSIDERATION of approving a WINE FESTIVAL LICENSE/WINE FAIR LICENSE
APPLICATION submitted by Dennis M. Minchella, representing the Kokopelli Winery, for
participation in the Thunderbird Artist’s Annual Fountain Hills Fine Art and Wine Affaire to
be held at 16810 E. Avenue of the Fountains, which is scheduled for March 15, 16, and 17,
2013, from 10:00 AM to 6:00 PM.
4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by Jean Linzer representing the Fountain Hills and Lower Verde Valley Museum &
Historical Society for the purpose of a fund raiser. Event to be held at 13001 N La Montana
Blvd., scheduled to be held on Saturday, March 16, 2013 from 11:00 AM to 5:00 PM.
5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by Donald Eric Anderson representing the Sons of AMVets for the purpose of a
fund raiser. Event to be held at 12925 N Saguaro Blvd., scheduled to be held on Sunday,
March 17, 2013 from 10:00 AM to 6:00 PM.
6. CONSIDERATION of RESOLUTION 2013-09, approving the Town of Fountain Hills
Board of Adjustment Bylaws, amended and restated February 21, 2013.
7. CONSIDERATION of RESOLUTION 2013-03, an Intergovernmental Agreement with the
Fountain Hills Sanitary District relating to various services.
REGULAR AGENDA ITEMS
8. CONSIDERATION of approving a REQUEST FROM FOUNTAIN HILLS LITTLE
LEAGUE for permission to purchase, install, and maintain three new scoreboards in Golden
Eagle Park, and to permit the names of annual sponsors of the group to be displayed on the
scoreboards and on the backstops during the group’s regular season and playoffs.
9. CONSIDERATION of approving a RECLAIMED WATER USE AGREEMENT between
the Town of Fountain Hills and the Fountain Hills Sanitary District relating to Fountain Park.
10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to the SAGUARO
BOULEVARD AND AVENUE OF THE FOUNTAINS INTERSECTION.
Last printed 2/14/2013 10:35 AM Page 4 of 4
11. CONSIDERATION of approving the Town’s TEN YEAR CAPITAL IMPROVEMENT
PLAN/INFRASTRUCTURE IMPROVEMENT PLAN for the fiscal year beginning July 1,
2013.
12. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included
in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to
any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE.
13. 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.
14. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
15. ADJOURNMENT.
DATED this 14th day of February, 2013.
_____________________________________
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, FEBRUARY 21, 2013
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 Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
Last printed 2/14/2013 10:35 AM Page 2 of 4
EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND 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
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, relating to Nature’s AZ Medicines, Inc.).
2. ADJOURNMENT
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) The Mayor may review recent events attended relating to economic development.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) Update by Councilmember Dickey relating to the Maricopa Association of
Governments (MAG) Regional Domestic Violence Council.
ii.) Update by Councilmembers Dickey and Yates relating to Grand Canyon University.
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.
Last printed 2/14/2013 10:35 AM Page 3 of 4
CONSENT AGENDA ITEMS (1 – 7)
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 subsequent
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 public wishes to discuss an item on the
consent agenda, they may request so prior to the motion to accept the Consent Agenda. The item
will be removed from the Consent Agenda and considered its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
February 7, 2013.
2. CONSIDERATION of approving an APPLICATION FOR EXTENSION OF
PREMISES/PATIO PERMIT, TEMPORARY CHANGE submitted by Merita Kraja,
representing the Euro Pizza Cafe, for the purpose of a temporary extension of premises, in
conjunction with the Discraft Memorial Championship event, to be held at 12645 N Saguaro
Blvd #11, on Saturday, March 2, 2013.
3. CONSIDERATION of approving a WINE FESTIVAL LICENSE/WINE FAIR LICENSE
APPLICATION submitted by Dennis M. Minchella, representing the Kokopelli Winery, for
participation in the Thunderbird Artist’s Annual Fountain Hills Fine Art and Wine Affaire to
be held at 16810 E. Avenue of the Fountains, which is scheduled for March 15, 16, and 17,
2013, from 10:00 AM to 6:00 PM.
4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by Jean Linzer representing the Fountain Hills and Lower Verde Valley Museum &
Historical Society for the purpose of a fund raiser. Event to be held at 13001 N La Montana
Blvd., scheduled to be held on Saturday, March 16, 2013 from 11:00 AM to 5:00 PM.
5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by Donald Eric Anderson representing the Sons of AMVets for the purpose of a
fund raiser. Event to be held at 12925 N Saguaro Blvd., scheduled to be held on Sunday,
March 17, 2013 from 10:00 AM to 6:00 PM.
6. CONSIDERATION of RESOLUTION 2013-09, approving the Town of Fountain Hills
Board of Adjustment Bylaws, amended and restated February 21, 2013.
7. CONSIDERATION of RESOLUTION 2013-03, an Intergovernmental Agreement with the
Fountain Hills Sanitary District relating to various services.
REGULAR AGENDA ITEMS
8. CONSIDERATION of approving a REQUEST FROM FOUNTAIN HILLS LITTLE
LEAGUE for permission to purchase, install, and maintain three new scoreboards in Golden
Eagle Park, and to permit the names of annual sponsors of the group to be displayed on the
scoreboards and on the backstops during the group’s regular season and playoffs.
9. CONSIDERATION of approving a RECLAIMED WATER USE AGREEMENT between
the Town of Fountain Hills and the Fountain Hills Sanitary District relating to Fountain Park.
10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to the SAGUARO
BOULEVARD AND AVENUE OF THE FOUNTAINS INTERSECTION.
Last printed 2/14/2013 10:35 AM Page 4 of 4
11. CONSIDERATION of approving the Town’s TEN YEAR CAPITAL IMPROVEMENT
PLAN/INFRASTRUCTURE IMPROVEMENT PLAN for the fiscal year beginning July 1,
2013.
12. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included
in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to
any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE.
13. 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.
14. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
15. ADJOURNMENT.
DATED this 14th day of February, 2013.
_____________________________________
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.