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HomeMy WebLinkAbout110317A 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, MARCH 17, 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. 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 Vice Mayor Dennis Contino Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2011\R3-17-11\110317A.docx Last printed 3/10/2011 4:49 PM Page 2 of 3 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)(7), discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sales or lease of real property (Specifically, a possible property exchange). 2.) ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum INVOCATION – Pastor Gary Emmons, Christ’s Church of Fountain Hills ROLL CALL – Mayor Jay T. Schlum MAYOR’S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor will read a Proclamation declaring April 2011 “Volunteer Month.” 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 the TOWN COUNCIL MEETING MINUTES from February 8 and March 3, 2011. 2. CONSIDERATION approving RESOLUTION 2011-11, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southerly and easterly property line of Plat 603-A, Block 2, Lot 1 (15202 E. Lotus Lane) as recorded in Book 196 of Maps, Page 28, Records of Maricopa County, Arizona. (EA11-01 Ragozzino) 3. CONSIDERATION of a SPECIAL EVENT APPLICATION for the MOVIE IN THE PARK sponsored by the Town of Fountain Hills to be held April 2, 2011, in Fountain Park. Saguaro Boulevard will be closed from Avenue of the Fountain to Palisades Boulevard. Z:\Council Packets\2011\R3-17-11\110317A.docx Last printed 3/10/2011 4:49 PM Page 3 of 3 REGULAR AGENDA 4. CONSIDERATION of APPOINTING one (1) citizen to serve on the Public Safety Advisory Commission for the remainder of a two (2) year term, beginning March 17, 2011, and ending December 31, 2012. 5. CONSIDERATION of RESOLUTION 2011-10, approving a SECOND AMENDMENT to the Development Agreement with Pacific FH Resort, LLC. 6. CONSIDERATION of APPROVING PAYMENT to Tyler Technologies for past due annual software maintenance contract in the amount of $60,000 for FY 09/10 and FY 10/11. 7. CONSIDERATION of AUTHORIZING THE TRANSFER OF APPROPRIATION from the contingency expenditure line item within the Town Manager Division, Administration Department of the General Fund budget to the Community Services Departments maintenance line items in the amount of $26,278, to repair Town recreation facilities. 8. CONSIDERATION of AUTHORIZING THE TRANSFER OF APPROPRIATION from the contingency expenditure line item within the Town Manager Division, Administration Department of the General Fund budget to the Development Services Department facilities maintenance line item in the amount of $32,200 to repair Civic Center mechanical equipment. 9. DISCUSSION, CONSIDERATION AND POSSIBLE DIRECTION TO STAFF relating to the February 17, 2011, agenda item DIRECTING THE TOWN MANAGER to prepare the appropriate written notification documentation terminating the representation of the law firm of Gust Rosenfeld, P.L.C. for town attorney services, which was continued to the Work Study Session, held on March 8, 2011, at which no action was taken. The discussion may include, but is not limited to, the recent Arizona Attorney General’s report dated February 1, 2011. 10. DISCUSSION, CONSIDERATION AND POSSIBLE ACTION relating to review of all aspects of TOWN LEGAL SERVICES and POSSIBLE ALTERNATIVES. 11. 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. 12. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager. 13. ADJOURN the Regular Session. DATED this 10th day of March 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. 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, MARCH 17, 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. 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 Vice Mayor Dennis Contino Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2011\R3-17-11\110317A.docx Last printed 3/10/2011 4:49 PM Page 2 of 3 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)(7), discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sales or lease of real property (Specifically, a possible property exchange). 2.) ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum INVOCATION – Pastor Gary Emmons, Christ’s Church of Fountain Hills ROLL CALL – Mayor Jay T. Schlum MAYOR’S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor will read a Proclamation declaring April 2011 “Volunteer Month.” 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 the TOWN COUNCIL MEETING MINUTES from February 8 and March 3, 2011. 2. CONSIDERATION approving RESOLUTION 2011-11, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southerly and easterly property line of Plat 603-A, Block 2, Lot 1 (15202 E. Lotus Lane) as recorded in Book 196 of Maps, Page 28, Records of Maricopa County, Arizona. (EA11-01 Ragozzino) 3. CONSIDERATION of a SPECIAL EVENT APPLICATION for the MOVIE IN THE PARK sponsored by the Town of Fountain Hills to be held April 2, 2011, in Fountain Park. Saguaro Boulevard will be closed from Avenue of the Fountain to Palisades Boulevard. Z:\Council Packets\2011\R3-17-11\110317A.docx Last printed 3/10/2011 4:49 PM Page 3 of 3 REGULAR AGENDA 4. CONSIDERATION of APPOINTING one (1) citizen to serve on the Public Safety Advisory Commission for the remainder of a two (2) year term, beginning March 17, 2011, and ending December 31, 2012. 5. CONSIDERATION of RESOLUTION 2011-10, approving a SECOND AMENDMENT to the Development Agreement with Pacific FH Resort, LLC. 6. CONSIDERATION of APPROVING PAYMENT to Tyler Technologies for past due annual software maintenance contract in the amount of $60,000 for FY 09/10 and FY 10/11. 7. CONSIDERATION of AUTHORIZING THE TRANSFER OF APPROPRIATION from the contingency expenditure line item within the Town Manager Division, Administration Department of the General Fund budget to the Community Services Departments maintenance line items in the amount of $26,278, to repair Town recreation facilities. 8. CONSIDERATION of AUTHORIZING THE TRANSFER OF APPROPRIATION from the contingency expenditure line item within the Town Manager Division, Administration Department of the General Fund budget to the Development Services Department facilities maintenance line item in the amount of $32,200 to repair Civic Center mechanical equipment. 9. DISCUSSION, CONSIDERATION AND POSSIBLE DIRECTION TO STAFF relating to the February 17, 2011, agenda item DIRECTING THE TOWN MANAGER to prepare the appropriate written notification documentation terminating the representation of the law firm of Gust Rosenfeld, P.L.C. for town attorney services, which was continued to the Work Study Session, held on March 8, 2011, at which no action was taken. The discussion may include, but is not limited to, the recent Arizona Attorney General’s report dated February 1, 2011. 10. DISCUSSION, CONSIDERATION AND POSSIBLE ACTION relating to review of all aspects of TOWN LEGAL SERVICES and POSSIBLE ALTERNATIVES. 11. 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. 12. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager. 13. ADJOURN the Regular Session. DATED this 10th day of March 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.