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HomeMy WebLinkAbout2020.1201.TCRM.Packet       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL   Mayor Ginny Dickey Vice Mayor David Spelich Councilmember Dennis Brown Councilmember Gerry Friedel Councilmember Alan Magazine Councilmember Mike Scharnow Councilmember Art Tolis    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, DECEMBER 1, 2020 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 Commission, Committee or Board members 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.    REQUEST TO COMMENT   The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible.   REGULAR MEETING    REGULAR MEETING NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).        1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.INVOCATION - Rev. Clayton Wilfer, Joy Christian Community Church     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     5.RECOGNITION of Outgoing Councilmembers     6.SWEARING IN of Mayor and Incoming Councilmembers     7.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     A.PRESENTATION on Town of Fountain Hills Volunteer Program     8.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), 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.     9.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion 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, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its      Town Council Regular Meeting of December 1, 2020 2 of 4   normal sequence on the agenda.   A.CONSIDERATION OF approving the meeting minutes of the Special Work Session of September 22, 2020; the Special Meeting (Executive Session) of October 13, 2020; the Special Meeting of October 13, 2020; the Special Meeting of November 17, 2020; the Regular Meeting of November 17, 2020, and the Special Meeting of November 19, 2020.     B.CONSIDERATION OF adopting Resolution 2020-41, abandoning a portion of the 10' Public Utility and Drainage Easement at the rear of Plat 401-B, Block 3, Lot 32 (16930 E. Monterey Dr.), as recorded in Book 155, Page 12, records of Maricopa County, Arizona. (EA 2020-10)     C.CONSIDERATION OF approval of Contract 2021-006, First Amendment to a wireless facility lease at Shea and Eagle Mountain.     D.CONSIDERATION OF Ordinance 20-27 amending Section 10-2-18, Penalties, of the Town Code to modify the current penalties for violations of Article 10-2 of the Town Code.     10.REGULAR AGENDA     A.CONSIDERATION OF approving the 2021 Town Council Meeting Dates and Summer Break.    B.CONSIDERATION OF appointment of Councilmembers to Council Subcommittees in 2021-22 for purposes of interviewing and recommending residents to serve on Boards and Commissions.     C.CONSIDERATION OF assignments of Councilmembers to various outside organizations.    D.CONSIDERATION OF approving the Fountain Hills Facility Reservation Guidelines.    E.CONSIDERATION OF directing staff to implement the budgeted 2.5% Cost of Living Adjustment with the pay period beginning on January 4, 2021.     11.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.     12.ADJOURNMENT      Town Council Regular Meeting of December 1, 2020 3 of 4   12.ADJOURNMENT         CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this ______ day of ____________________, 2020. _____________________________________________  Elizabeth A. Burke, MMC, Town Clerk   The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the 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.    Town Council Regular Meeting of December 1, 2020 4 of 4   ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/01/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF approving the meeting minutes of the Special Work Session of September 22, 2020; the Special Meeting (Executive Session) of October 13, 2020; the Special Meeting of October 13, 2020; the Special Meeting of November 17, 2020; the Regular Meeting of November 17, 2020, and the Special Meeting of November 19, 2020. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Special Work Session of September 22, 2020; the Special Meeting (Executive Session) of October 13, 2020; the Special Meeting of October 13, 2020; the Special Meeting of November 17, 2020; the Regular Meeting of November 17, 2020, and the Special Meeting of November 19, 2020. SUGGESTED MOTION MOVE to approve the minutes of the Special Work Session of September 22, 2020; the Special MOVE to approve the minutes of the Special Work Session of September 22, 2020; the Special Meeting (Executive Session) of October 13, 2020; the Special Meeting of October 13, 2020; the Special Meeting of November 17, 2020; the Regular Meeting of November 17, 2020; and the Special Meeting of November 19, 2020. Attachments 2020.0922.TCSWS  2020.1013.TCSMES.Minutes  2020.1013.TCSM.Minutes  2020.1117.TCSMES.Minutes  2020.1117.TCRM.Minutes  2020.1119.TCSM.Minutes  Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 11/19/2020 10:12 AM Form Started By: Elizabeth A. Burke Started On: 11/19/2020 08:39 AM Final Approval Date: 11/19/2020  TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL WORK SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 22, 2020            1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey    Mayor Dickey called the Special Work Session of September 22, 2020, to order at 5:30 p.m. and led the Council and audience in the Pledge of Allegiance.   2.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Mike Scharnow; Councilmember Gerry Friedel; Councilmember Art Tolis; Councilmember Alan Magazine; Councilmember David Spelich Absent: Councilmember Dennis Brown Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson (telephonically); Town Clerk Elizabeth A. Burke 3.REVIEW findings of the recently completed User Fee Study and provide direction to staff regarding adjustments to be implemented on 7/1/2021.       Finance Director David Pock began the PowerPoint presentation which addressed: USER FEE BACKGROUND GENERAL FUND REVENUE OPTIONS FOR COUNCIL DIRECTION Mr. Miller said that he wanted to make it clear that this was not a situation where they engaged a consultant who came in and told them what to do. It was a two-way street with department directors very much involved in determining the fees. He added that they dropped some fees that were no longer relevant. Mr. Pock said that the contract with the consultant was $36,000. Mr. Miller noted that anything adopted will more than recover those costs. Mr. Pock then introduced Kevin Burnett with Willdan Financial who continued the PowerPoint presentation. PRESENTATION CONTENTS Mr. Burnett said that he and Pat Walker met with staff and had several conversations with Mr. Pock. He noted that Ms. Walker could not be at the meeting this evening as she had a vacation previously scheduled. He said that originally it was intended to be a three-month project for this fiscal year. GENERAL MODEL OVERVIEW Mr. Burnett said that they use 10% for townwide overhead/support costs. SALARIES METHODOLOGY COST RECOVERY Mr. Burnett said that they could not defend charging over 100%, but in certain cases the Council may want to consider charging less than cost recovery at 100%. DEVELOPMENT FEES Planning Fees Building Fees Councilmember Spelich said that he did not see a fee for expediting services. Mr. Miller said that this is one of the areas that should be bearing the full cost; development should be paying the full rate. Miscellaneous Fees Fire Fees PUBLIC WORKS FEES Engineering Fees Mr. Miller said that this was another area where they would encourage getting as close to the 100% recovery as possible. Mr. Miller said that in the past, rather than charging an expedited services fee, they have been charged directly by the firm doing the expedited work, and that charge is typically higher than the fees. They are still coordinating that. Mr. Miller said that the traffic study may be required for a proposed project. He said that under the Town Code the Town has the ability to require one, but this would include the traffic study fee. Miscellaneous Fees Adopt-a-Street COMMUNITY SERVICES Park Fees Councilmember Tolis asked about the ability of the Town Manager to waive a fee, and what the reason may be to do so. Mayor Dickey said that today they are going over the fee schedule; that is a separate discussion. Councilmember Friedel asked if that would include nonresident fees for people using the facilities. Mayor Dickey said that it is covered in the proposed fees, but the other topic is for a different discussion. She said that the study gives the Council the actual costs which they have never had before, so the information can be used to make decisions down the road. Community Center Fees Special Event Fees COURT FEES Mr. Burnett said that this is a little different area in that it includes third-party costs, such as the public defender, and state statutes dictate what can and cannot be charged. CLERK FEES FINANCE FEES Mr. Miller said that the new alcohol renewal is talking about the commercial alcohol permits. He said that Fountain Hills is one of the few towns around the valley that do not have this. Town Council Special Work Session of September 22, 2020 2 of 6 Councilmember Magazine said that these are aggregate numbers, and he wondered if they would be looking at them individually. Mr. Miller said that under state law there is a 60-day notice requirement before new fees can go into effect. The clock started clicking when they put the packet out for tonight, and November 17 is the adoption date. When this comes back to the Council for action, staff is recommending that the fees go into effect on July 1, 2021. In the event that Council wanted to phase in some of the fees, he would recommend a three-year phase-in period. He said that if there is a fee that they would like to debate, it would be preferable that it take place tonight. Mr. Miller said that most cities/towns try not to recover more than 50% for seniors and youth programs, as a way to encourage them to take part in those activities. Vice Mayor Scharnow said that the report is recommending 100% cost recovery on just about everything. Mr. Miller said that is true, but it up to the Council as to how much of a cost recovery they wish to see. Vice Mayor Scharnow asked Mr. Burnett if they have done similar studies in Arizona. Mr. Burnett said that they have done them in California and Colorado, not in Arizona. However, Pat Walker was the finance director in Chandler for 20 years and the modeling is very similar to what she was familiar with. He said that he has never seen 100% across the board for everything. Parks and recreation is usually subsidized to some degree.    Vice Mayor Scharnow said that the Town finally finished paying off the community center. He asked about phasing the increases. Mr. Burnett said that it gets into when it was last done and what has happened since the last study. In California, they have to do this every five years. There has not been a comprehensive study done before in Fountain Hills. Vice Mayor Scharnow said that they are accused of money grabbing, such as with the red light, but they can say that there will be some increases down the road. He said that $36,000 is relatively low. It was not to gouge groups; this is information they need to know. Councilmember Magazine said that he understands it is not a money grab, but they know what condition they are in. There is a reason they increased the sales tax. He is willing to give on some of this; they do need to charge for services rendered. Councilmember Friedel said that they left $150,000 on the table. He asked if there was any idea as to what the projection would be to recover that. Mr. Miller said to keep in mind that it is based on development. If there is a plunge in building, then they are not recovering as much. Mr. Pock said that Development Services is pretty much a department that should be funded by fees. They are providing services across the board. Last year's expenditures was at $800,000. This example is pretty close as to what it should be pulling in. Mr. Miller added that the $150,000 mentioned was a combination of Public Works and Development Services. Councilmember Magazine said that at this point, depending on further discussions, he would go with 100% except Community Services, cutting that in half and doing it July. Vice Mayor Scharnow said that he would agree with 50% for Community Services. Community Services Director Rachael Goodwin noted that none of their program fees are part of the schedule; tonight it was hard costs. She said that staff has the privilege of setting those fees. She said that one example for tonight's discussion is with ramada rentals. Currently the Town Council Special Work Session of September 22, 2020 3 of 6 fees. She said that one example for tonight's discussion is with ramada rentals. Currently the fee for a resident is $10. Cost recovery is $25; the proposed fee is $15 for resident and $22.50 for non-resident. Currently the non-resident fee is $15. She said that a lot of the fees on the schedule bring them in line. In the Community Center, a classroom for two hours for a resident is $17. The cost of putting it together is $86; the recommendation is $25. Mayor Dickey confirmed that the idea of youth/seniors does not come into play. Vice Mayor Scharnow asked what accounts for most of the 94% change that was originally proposed. Ms. Goodwin replied that they were not endorsing 100% cost recovery; the number in the packet is what they are recommending. Mr. Pock said that the 94% increase is the average cost overall. Vice Mayor Scharnow asked how they treat things like Little League and Soccer. Ms. Goodwin said that they have broken out the athletic field preparations between rectangles and diamonds as diamonds take less time. Previously it was field prep in general. As for soccer, little league, etc. those fees are waived; this is for an outside group that is wanting to do a tournament. She added that they do currently charge $25 for field prep. Councilmember Spelich asked if staff thought it would be a detriment to increase the fees. Ms. Goodwin said that she did not. She said that with regard to ramadas, this puts them in a better position to recover what it takes. They have kept in mind that they do not want to price themselves out of the market. She said that they want to be in the middle column of the chart, which represents what is reasonable and practical. Councilmember Spelich said that he would not consider any of these to be astronomical. He believed they could charge more money to get the fields equipped for soccer. He said that he talked with the Town Manager and he thinks that, without delay, they need to have a meeting with the Town Council and staff. He is a firm believer that they need an exact accounting of the amount of what they give away. He would like a report on what is given away on a quarterly report. He said that if they raised these fees and start, he is for this. They should be transparent to the Town. When they raise these fees, people will be upset. They have a report that they spent $36,000 on. They can justify everything being asked for. He said that they should raise the fees accordingly and set firm policies of who is exempt and who is not so it takes the pressure off of the Town Manager, directors, etc. He said that he is all about fair and equitable.    Vice Mayor Scharnow asked about the July 1 start date versus phasing in. Mr. Miller said that he was trying to ensure that any action that Council took was done outside of the budget process, but would still be effective 7/1/21. Councilmember Friedel asked if there are areas in which they are recovering all costs. Ms. Goodwin said that the proposed version is much closer. Much more than what is being proposed would price them out of the process. She said that they could not totally cost recover; they try to keep it at market rate and find the balance between that and cost recovery. Councilmember Friedel asked if they have a lot of nonresident use. Ms. Goodwin said that the Community Center has a high use of residents, with occasional weddings and special events from outside use. Also, the ball fields are getting well used right now. There is a lot of local usage and out of towners--probably 50/50. Mr. Miller said that the fields and facilities are limited resources with not enough to go around Town Council Special Work Session of September 22, 2020 4 of 6 Mr. Miller said that the fields and facilities are limited resources with not enough to go around for use by residents and nonresidents. There would always be preference to grant fee waivers, if requested and considered, to residents versus nonresidents because of the scarcity of resources. Mayor Dickey emphasized that the rates being proposed on the sheet are not full cost recovery; they are value judgments. She said that they should go forward with the proposed fees, to go into effect July 1. Councilmember Magazine said that they are talking about $1/2 million. If the reason for phasing is to reduce the heat, he does not think it will have any impact at all. They need to rip the band aid off. Councilmember Spelich said that he agreed. He does not understand why they would not implement it January 1. Mr. Miller said that the recommended start date is more to coincide with the budget cycle. Brief discussion was held on the total revenues. Mr. Pock said that if the Council wants to go with the proposed fees, he will put the specific numbers in the fee schedule and have that presented on 11/17/20 and will provide the exact percentages. Councilmember Tolis asked if these fees are in line with other municipalities. Mr. Pock said that they had that discussion. They are trying to compare our fee schedule with others. It is tough to compare apples to oranges. Councilmember Spelich asked Mr. Wesley if he felt that any of these fees would impact development. Mr. Wesley said that fees vary greatly. From what he remembers, these would still be lower and he does not see anything that would give him a major concern. Vice Mayor Scharnow noted that some of the building fees are actually going down. Councilmember Spelich said that whatever they do tonight, he would like to see expedited fees for expedited services. Councilmember Magazine thanked the consultant and staff. He said that having been a consultant, he does not know how they did all of this for $36,000. Mr. Burnett said that staff did a lot of the heavy lifting. Mr. Pock said that the direction he is hearing is to go with the proposed fees in the report with no phasing. He said that he would prepare the comprehensive fee schedule and send that out to see it in the final form and post it. Councilmember Spelich asked how soon they would have a meeting to discuss policy. Mr. Miller said that it would take three to four weeks for staff to look at it before it would come back to Council. Mayor Dickey thanked the staff and said that next time it will be a lot easier.   4.ADJOURNMENT    MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Alan Magazine to adjourn.  Vote: 6 - 0 Passed - Unanimously     Town Council Special Work Session of September 22, 2020 5 of 6   The Special Work Session of the Fountain Hills Town Council held September 22, 2020, adjourned at 6:56 p.m.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: ______________________________ Elizabeth A. Burke, Town Clerk Town Council Special Work Session of September 22, 2020 6 of 6 TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 13, 2020            1.CALL TO ORDER – Mayor Dickey    Mayor Dickey called the Special Meeting of October 13, 2020, to order at 4:45 p.m.   2.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Mike Scharnow; Councilmember Gerry Friedel; Councilmember Art Tolis (telephonically); Councilmember Dennis Brown (telephonically); Councilmember Alan Magazine; Councilmember David Spelich (telephonically)  Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson (telephonically); Town Clerk Elizabeth A. Burke  3.RECESS INTO EXECUTIVE SESSION    MOVED BY Councilmember Alan Magazine, SECONDED BY Vice Mayor Mike Scharnow to recess into Executive Session.   Vote: 7 - 0 Passed - Unanimously   4.EXECUTIVE SESSION    The Fountain Hills Town Council recessed into Executive Session at 4:45 p.m.   A.Discussion or consultation for legal advice with the attorney or attorneys of the public body, pursuant to A.R.S. §38-431.03(A)(3).    i.Arizona State Proposition 207   5.ADJOURNMENT    The Fountain Hills Town Council reconvened into Open Session at 4:59 p.m., at which time the Special Meeting of October 13, 2020, was adjourned.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor                ATTEST AND PREPARED BY: ______________________________  Elizabeth A. Burke, Town Clerk     CERTIFICATION   I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Fountain Conference Room on the 13th day of October, 2020. I further certify that the meeting was duly called and that a quorum was present. DATED this 17th day of November, 2020.                                                                                         _________________________________                                                                                          Elizabeth A. Burke, Town Clerk    Town Council Regular Meeting of October 13, 2020 Page 2 of 2 TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 13, 2020            1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey    Mayor Dickey called the Special Meeting of the Fountain Hills Town Council held October 13, 2020, to order at 5:30 p.m.   2.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Mike Scharnow; Councilmember Gerry Friedel; Councilmember Art Tolis; Councilmember Dennis Brown; Councilmember Alan Magazine; Councilmember David Spelich Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth A. Burke 3.PRESENTATION OF the lake and fountain assessment by the firm of Black and Veatch for Town Council review and discussion.       Town Manager Grady Miller said that the fountain will be 50 years old on December 15, 2020, and it is the second or third most expensive asset in town. The facilities are aging. The liner installed in 2000 had a 30-year life, so they thought it was important to have a deep dive into evaluating the lake and fountain, as well as what it will take to replace the liner. Last time they had the ability to use another facility for excess water, but that is not available this time. He said that Black & Veatch was the same firm that did the work last time and they have quite a bit of history. He said that they will come back through the Capital Improvement Program (CIP) discussions as to sequencing and financing. Community Services Director Rachael Goodwin said that this is a bench mark. They will not be discussing what they are going to do, but rather review the condition of the facilities and any immediate threats to the Town. At a later date they will discuss the whens and hows. The Sanitary District has been a part of the process. They are aware of this and have been involved. At this time, Mike Caruso, Project Manager, came forward and began the PowerPoint presentation, stating that they had assistance from subconsultants J2 and Rubicon, and had local divers doing the diving services. AGENDA Intro Black & Veatch Project Overview Fountain Lake Overview Asset Assessment Criteria/Weighting Findings and Recommended Improvements Conclusions Council Feedback PROJECT OVERVIEW FOUNTAIN LAKE OVERVIEW Diagram of below-water surface Mechanical equipment to aerate water PUMP SYSTEM LILY STRUCTURE Did not include lighting IRRIGATION SYSTEM ELECTRICAL SYSTEM He said that they began with developing some assessment criteria. ASSET ASSESSMENT CRITERIA/WEIGHTING LIKELIHOOD OF FAILURE (LOF) CRITERIA CONSEQUENCE OF FAILURE (COF) Councilmember Magazine asked if they could assess how long it may take to fail. Mr. Caruso said that the higher on the scale, the quicker the likelihood of failure. He said that with everything else out there, while the age may be beyond the manufacturer's recommendation, there was nothing that showed imminent failure. Mayor Dickey asked for clarification on the weighting for social/community. Mr. Caruso said that most of the equipment is submerged or behind a secured environment. In talking with the team, there was more importance placed on impact to the public. Councilmember Magazine asked if they would consider repairing rather than replacing. Mr. Caruso said that they will see on the later slides that from a recommendation standpoint, if it could be refurbished, that was the recommendation. CONDITION ASSESSMENT SCORING He reminded the Council that some of the equipment has already been replaced. Vice Mayor Scharnow asked if each of the items represented a specific item. Mr. Caruso said that they did, each represented a piece of equipment. At this time, John Corbin with Black & Veatch continued the presentation. CIVIL/MECHANICAL CONDITION SCORING LAKE LINER - Physical Inspection He said that they looked at the plastic PDP liner, which is fastened to the concrete with stainless steel bards. All connections were in good condition, although they identified one or two missing anchors. Most likely they were never installed. But, overall, they had very positive feedback. There were no tears or folds. LAKE LINER - Evaporation Testing Mr. Corbin said that by doing the evaporation test, they measured the loss of the lake over a Town Council Special Meeting of October 13, 2020 2 of 8 period of time and compared it with a controlled evaporation plan. There was great correlation between the two. He said that the key is they measured less of a drop in the lake than they did in the controlled pans. If they had seen more of a drop that would have been a concern that they had a loss they did not know about, but they saw just the opposite. He said that supports their evaluation that the liner is in great shape. Mayor Dickey asked how much they were talking in the way of gallons. Mr. Corbin said that it was around 2", but he did not have the number in gallons. PUMP STATION SCREENS He said that the area under the pump house should be screened off. One of the five screens was completely bent back into the intake area and they recommend that gets repaired right away. LILY STRUCTURE He said that they took a boat out to the structure, which is covered with organic and inorganic material. They could find no evidence of major structural faults. He said that lighting is in poor shape, but they already know that. RECOMMENDATION Their recommendation was to continue to monitor and replace as needed. He said that intensive cleaning is recommended when the liner is replaced. FOUNTAIN PUMPS Mr. Corbin said that when they initially entered, it was apparent they needed some work, but they were not ready to say to scrap them. They knew that one hade been removed and was at a shop for rehab. They talked with that shop to see what they were doing and how they were doing it. He said that the rehab pump has been rehabilitated to the level that it needs to be. Their recommendation is to continue the same course of maintenance. Vice Mayor Scharnow asked what the cost of a new pump would be. Mr. Corbin said that it would be around $50,000 for the pump and motor. CHECK VALVES He said that the check valves are there to protect the pumps. They wanted to understand why they were failing after only three years. They were able to open one up and observed material loss in the closed direction and open direction. The progressive material loss is why it will stick open, and if one sticks open, the positive switch will fail to close, which shuts the entire pump station down. He said that the value itself was never really an appropriate selection. The valve was not rated for the pressure of the pump system and that is why they are saying they need a valve with some thought put into it. It will be more than a commodity check valve. He said that it will have a cost impact. Councilmember Spelich asked who had recommended the valve three years ago when it was replaced. Ms. Goodwin said that they replaced them one year after the next. She was not in the director role at that time, but they worked with the electrical vendor. She said that they did not Town Council Special Meeting of October 13, 2020 3 of 8 have an engineer involved. She said that it came with a one year warranty. She said that the cost of $8,000 per pump was absorbed in the operating costs. Ms. Goodwin said that to replace them now will be about $25,000. Mr. Corbin said that what is being proposed is their recommendation. While it has a one year warranty, it should work for 15 years. They are confident that this is the appropriate valve and they will be able to maintain it appropriately and rebuild it when needed. He said that the older valve can be used on discharge for pressure control, but with clear water supplies. It does not do well with dirty water. Councilmember Magazine said that they have a lot of salt in the water, and asked how that may affect the valve. Mr. Corbin said that these are lined appropriately and salt build up should not be an issue if they continue to maintain their coatings. Councilmember Magazine asked Mr. Corbin if they had experience with other lakes with a lot of salt. Mr. Corbin said that they have worked with companies all the way up to ocean water pumping. At that level of salt, they start getting into special coatings, but it is not a concern with this application.    IRRIGATION ASSESSMENT SCORING Mr. Corbin said that in looking at each individual item it may look like most are in fairly decent shape, but they want to bring to the Council's attention that as a whole it needs to be evaluated in a different vain. The problem is with the turf quality and irrigation. Morning and afternoon walkers around the lake do not want to be hit with spray. The irrigation becomes a higher priority than they would think, as is covered under Consequence of Failure. Councilmember Magazine said that the salt is ruining all the grass; he asked if there was anything mechanical. Mr. Corbin said that Mr. Snipes has been honing in on the chemical treatment. Mechanically, they remove the salt in their homes with a reverse osmosis system. On a large scale, that is not recommended, besides the costs would be astronomical. He said that they have a 12-hour water window. The pipes are on the small side, as well as the pumps. Factoring those together, Mr. Snipes can only do so much and get things watered. To reduce the water window, it can only be done with replacement. He said that it has become a maintenance nightmare. The system is so old and it has a lot of material build up which reduces the range that the sprinklers will shoot. As a whole, the recommendation is a sizable upgrade. He said that they would not have to spend all of that money in one year, although they would not be getting all of the benefit if they piecemeal it out. Mayor Dickey asked if they had the option of using nonlake water. Mr. Corbin said that they had talked with the Sanitary District about taking water from the treatment site and have a direct feed to the irrigation system. That would solve a lot of the irrigation quality problem, but then the danger is the lake has become a dead-end. It would have water coming in and no water going out and they would be concerned with the water quality. Fish would not survive anymore. He said that they will address that further in the report. Vice Mayor Scharnow asked if they actually plant special fish in the lake. Mr. Corbin said that 20 years ago they had a lot of carp, but he believed that a conservation group came out and took the fish away. Vice Mayor Scharnow said that Salt River Project uses certain fish in some of the ir canals. Mayor Dickey said that if they did decide for separate storage, it still does not replace all of the irrigation. Ms. Goodwin said that they do not actively stock the lake currently. When they did a quality assessment, they identified four to five different types of fish. Mr. Snipes said that on a typical night they are running six different controllers running valves with 4-6 sprinklers at a time, throwing 70 feet each. The computer maximizes the time as best Town Council Special Meeting of October 13, 2020 4 of 8 with 4-6 sprinklers at a time, throwing 70 feet each. The computer maximizes the time as best it can, but with an undersized system their water window is 11-12 hours. They start around 10:30 p.m. and run until 10:30 in the morning. Joe does a great job of cleaning out heads, which he spends 15-18 hours a week doing, but it takes him away from all of his other duties. Councilmember Magazine asked what is not being done because of the time being spent on that. Mr. Snipes said that it would be cleaning the sidewalks, general cleaning and trimming. He said that everything else loses the little time to gain as much time as they can. Councilmember Magazine said that they did a great job. Councilmember Brown asked who did the engineering 12 years ago on the entirely new irrigation system. Mr. Snipes said that it was Coates Irrigation. Councilmember Brown said that he is one of those four morning walkers. He asked if they had an estimate of costs to redo the pumps and irrigation systems around the park. Mr. Corbin said that it is farther north of $1/2 million than what was shown. Councilmember Friedel asked if it was safe to assume that the bigger heads would flush themselves out. Mr. Snipes said that it was more of an issue system wide. They have a golf course quality head that throws the water 70 feet. They have been doing tests the whole time he has been in Town. They had two different vendors come out and brought filters, and put in a single valve; it was clogged in two days. He said that they took that same filter and put it on the pump before the filter running the entire system, and ran it for an hour. They saw nothing; it is in the lines, it is not a lake problem. Councilmember Brown asked if the Sanitary District was helping to solve any of the issues. Mr. Miller said that they have offered to provide technical guidance and assistance. They have talked about a water storage system, but he did not think they want it on the Water Treatment Plant property. He said that they want to be engaged and have worked closely with the consultant team. Councilmember Brown said that the Sanitary District cannot exist without the lake and he cannot believe they cannot get more assistance from the District to at least contribute to it. Mr. Miller said that the key is the assessment so they know what they need to ask for. It is a perfect topic for a joint meeting. Vice Mayor Scharnow said that it is not the water it is the pipe. Mr. Snipes said that over time the sediment builds up in the pipes and is now flaking off and sticking to the filters. Vice Mayor Scharnow asked how many "Joes" they would have at the park in a perfect world. Mr. Snipes said that if there were two there fulltime, it would be a big benefit. With regard to the Sanitary District, Mayor Dickey noted that the Town speaks with them regularly. She has never felt a problem with communication or their willingness. They need to be clear about the things they want to do together. Staff indicated that to replace the entire system would be around $1.5 million. Councilmember Brown left the meeting at this time. ELECTRICAL/I&C SYSTEMS Mr. Corbin said that there are Variable Frequency Drives (VFD's) available, but considering the pumps run three hours a day at 100% speed, and the intensive capitalization to install, they would not be recommended. He said that if they were to change the duration in the future, it may be something to look at then, but it would still be difficult to get the payback. FOUNTAIN CONTROL SYSTEM Town Council Special Meeting of October 13, 2020 5 of 8 Mr. Corbin said that their recommended option is a motor control lineup. Councilmember Magazine said that they do not want to wait until things fall apart. He asked if Mr. Snipes can tell by looking at the system. Mr. Corbin said that a lot of what is done during regular maintenance can tell them, from how the cable looks, they may get some arcing, or they may see signs in the insulation in the cable or equipment. They should be able to tell. Councilmember Magazine asked if they should consider having them come back in on a quarterly basis to check on things. Mr. Corbin said that they would be happy to do that, but there are specific firms that do that, and that is who Mr. Snipes has doing the servicing. He said that while this is a piece of equipment that could run for a while, it is something they would want to put in the budget to be proactive. ARC FLASH & SHORT CIRCUIT ANALYSIS Mr. Corbin said that refurbishment of the equipment would decrease the possibility of exposing the Town to problems. He said that if other equipment is replaced over a period of time, they need to revisit this and put a new sticker on it. The short circuit analysis shows that all the electrical equipment is adequately rated. If an individual piece of equipment tripped, it will fault without making the entire station go dark. CONCLUSIONS Immediate Recommendations Replace check valves Replace pump house intake screen Install arc flash labels on electrical equipment Update to PCD control NEXT STEPS Councilmember Magazine said that the liner was their number one concern, but they had divers go in. He asked if they had any idea as to how long it will last. Mr. Corbin said that between the 20-30 year mark he would recommend that they have divers go in every 2 years and see if there are any differences since the last inspection. They would be able to give them that ability to see if something is happening. At this point, they see no indication that there is a problem. Councilmember Magazine said that the news on the liner is good news. From the citizen standpoint, the quality of the grass, picnicking, festivities, smell, sidewalk, etc, are their concerns. He thought that $1.5 for an whole new irrigation system should be planned for. He noted that they have done much better with water quality with the aerators. Vice Mayor Scharnow asked if the Master Plan at Fountain Park has ever looked at reconfiguring some of the grassy areas that are a problem, possibly putting in pavers with picnic areas. Ms. Goodwin said that there have been a couple of different versions. She said that there has also been talk of adding additional parking areas; however, Mr. Snipes has taken it as a personal mission to grow grass. She said that it can be considered, but it all has a cause and effect. Ms. Goodwin said that Mr. Snipes does not get a lot of chances for using his skills. One of the projects he did was when they rehabbed Field 1 they took out turf and redistributed it at two different parks. One spot was near the amphitheater and it started to fill in. They are hoping for that to come back in the spring. He also planted some by Euro Pizza and the Splash Pad. Town Council Special Meeting of October 13, 2020 6 of 8 Councilmember Spelich said that this is a focal point of the town. He asked if there was a way of putting together an all-encompassing bond package to float. Mr. Miller said that he was right on. They were hoping that this year would be the year for a street bond, but they can only do them every even-numbered year. He said that 2022 would be the next time they could consider it. He said that just before the meeting they were talking about this being a combination of cash in capital, the Municipal Property Corporation and a bond. He said that they will get more into that discussion during the CIP budgeting. Mayor Dickey said that she agreed with that; they need to be looking at the big picture. But, she said that they also have the road issues as well. Councilmember Friedel said that it was good news on the liner; they may have ten years. He asked if that was something they should start planning for now. Mr. Miller replied yes. When they come back for part two, it will be very expensive, but the consultants are going to help them figure this out and then it can be planned for accordingly. Mayor Dickey thanked staff and the consultants for the specialized study.   4.CONSIDERATION OF Purchasing three (3) Check Valves for the fountain in an amount not to exceed $85,000.       Ms. Goodwin said that staff was requesting permission to move forward with the purchase of the valves previously discussed. She said that they have been working with the vendor to identify the proper valves. The request is at not to exceed $85,000. She said that they do have an estimate, but it does not include the installation. They do have funding allocated in the Facilities Replacement Fund. She said that one real consideration is that two of those valves are failing right now; the fountain is operating on one pump right now, and the replacement window is 18 weeks. Vice Mayor Scharnow asked about the screen that needs replacing, and what the timing was. Ms. Goodwin said that the plan is to continue with Black & Veatch who will need to go down and do the repair. She said that was a priority as well. Mr. Miller said that if they can do it administratively, they will do that and notify the Town Council.    MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember David Spelich to authorize Town Manager to proceed with procurement and installation of three (3) Check Valves for the Fountain in an amount not to exceed $85,000.  Vote: 6 - 0 Passed - Unanimously    Councilmember Magazine thanked everyone for an excellent presentation.   5.ADJOURNMENT    MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Gerry Friedel to adjourn.  Vote: 6 - 0 Passed - Unanimously     Town Council Special Meeting of October 13, 2020 7 of 8  The Special Meeting of the Fountain Hills Town Council held October 13, 2020, adjourned at 7:11 p.m.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: ______________________________ Elizabeth A. Burke, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 13th day of October, 2020. I further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of December, 2020. _________________________________ Elizabeth A. Burke, Town Clerk Town Council Special Meeting of October 13, 2020 8 of 8 TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 17, 2020            1.CALL TO ORDER – Mayor Dickey    Mayor Dickey called the Special Meeting of November 17, 2020, to order at 4:22 p.m.   2.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor David Spelich (arrived at 4:30 p.m.); Councilmember Mike Scharnow; Councilmember Art Tolis; Councilmember Alan Magazine; Councilmember Gerry Friedel  Absent: Councilmember Dennis Brown  Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth A. Burke (left at 4:31 p.m.)  3.RECESS INTO EXECUTIVE SESSION    MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Gerry Friedel to recess into Executive Session.   Vote: 5 - 0 Passed - Unanimously   4.EXECUTIVE SESSION    The Fountain Hills Town Council recessed into Executive Session at 4:22 p.m.   A.Discussion or consultation for legal advice with the attorney or attorneys of the public body; and 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, pursuant to A.R.S. §38-431.03(A)(3) and (4), respectively.    i.Opioid Settlement   B.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 the discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting, pursuant to A.R.S. §38-431.03(A)(1).    i.Town Manager Annual Review             5.ADJOURNMENT    The Fountain Hills Town Council reconvened into Open Session at 5:22 p.m. at which time the Special Meeting adjourned.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor                ATTEST AND PREPARED BY: ______________________________  Elizabeth A. Burke, Town Clerk       Town Council Special Meeting of November 17, 2020 2 of 2 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 17, 2020            1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey    Mayor Dickey called the meeting of November 17, 2020, to order at 5:32 p.m. and led the Council and audience in the Pledge of Allegiance.   2.INVOCATION - Pastor John Nichols, Harvest Bible Chapel    Pastor John Nichols of Harvest Bible Chapel gave the invocation.   3.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmember Mike Scharnow; Councilmember Art Tolis; Councilmember Alan Magazine; Councilmember Gerry Friedel Absent: Councilmember Dennis Brown Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth A. Burke 4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER    Town Manager Grady Miller reported that as part of the equipment upgrade that took place over the summer with the audio/visual equipment for Council meetings, Cox Communications has completed their part this week and Council meetings are now in high definition. He also reported that the Fountain Hills Shoulder Widening project is progressing. They have completed the concrete curbing and are nearing completion of the asphalt. Councilmember Scharnow reported that at the last Valley Metro meeting they talked about proposed service changes, which included the elimination of Route 514 Express. Once that is gone, the route would start and end at the Mustang Transit Center in Scottsdale. They are accepting public comments through December 4. He said that they are also talking about a huge improvement at the Broadway curve which will include replacing ten bridges. He said that they had a Fountain Hills Coalition meeting, and the members were pleased with Council action on the marijuana proposition. He is working with Mr. Miller and Mr. Ciccarone to host a panel discussion on December 3 to discuss meth and fake opioid pills. Councilmember Scharnow reported that in lieu of the Thanksgiving Parade the Chamber is collecting turkeys for the Extended Hands Food Bank; they are trying to get 300 turkeys. He also reported that he attended the Veterans Day ceremony last week where the Mayor was the keynote speaker. He commended staff on getting the Town Hall, Community Center and Library repainted. Councilmember Tolis recognized the Chamber of Commerce and Town Council for moving forward with the Arts Fair. He said that they had strict health regulations and Ms. LaVoie and her team did a great job. He said that he was in attendance and would say that they had a 90% compliance with masks and cleaning efforts. He was happy to see businesses thriving. He said that they need those types of activities as they cannot risk businesses losing their livelihood. Councilmember Friedel said that he also attended the Veterans Day ceremony and he appreciated all veterans. He said that he was also at the Arts Fair six different times to make sure protocols were being followed; he hoped everyone was safe. He commended the Fire Department and Chief for coming to the aid of his neighbor whose car caught on fire. He said that the firemen were at the top of their game. They got there and got it under control and he gave kudos to the Fire Department. Vice Mayor Spelich thanked Chief Ott for spearheading and following through with Epcor to obtain access to fire hydrants. He noted that he put Councilmember Friedel in for a lifesaving award. He was fighting his neighbor's fire with a garden hose. He said that the Town of Fountain Hills lost one of its residents, Dr. C.T. Wright. He spoke at his funeral and read the Town's Proclamation. He said that Dr. Wright was President of the School Board, Director of the State Clemency Board, appointed by Governor Brewer, served on the Governor's Council of Aging and was involved with the NAACP. He thanked the Mayor for the proclamation, noting that Dr. Wright's family was bvery appreciative. Councilmember Magazine said that it was a sad situation losing Dr. Wright. He said that although he saw him a number of times, he did not know anything about him until he read it in the newspaper. He said that it was astounding to read about his life. Mayor Dickey thanked Vice Mayor Spelich for representing the Town so well and reading the proclamation at the funeral. She noted that the Town lost another member, Karl Gaardsmore, who was a school board member. She thanked everyone involved in the Make a Difference Day, particularly to Volunteer Coordinator Kim Wickland. She said that she also appreciated Paul Garvey from the McDowell Mountain Preservation Commission for his video. She said that she and Mr. Miller attended a very safe opening of the new We-Ko-Pa Casino. There was a lot of excitement and they wishes the best to their neighbors at Ft. McDowell. She reported that she and staff have had meetings with representatives and discussions about Dark Skies, FHUSD, Canadian AZ Business Council, MAG, GPEC, River of Time Museum, and theTraffic and Pedestrian Safety Committee met, welcoming Mike Scharnow and Peggy McMahon as new members. Town Council Regular Meeting of November 17, 2020 2 of 12 The Veteran’s Day ceremony, held at the Veterans Memorial, was a joint activity with AMVETS, VFW Post 7507 and American Legion Post 58. It was an important event to honor US service women and men. She said that she posted a video of what would have started off the next Town Talk Tuesday. She looks forward to having Council participate as they did before the pandemic to give all an opportunity to meet and discuss whatever they like.   A.RECOGNITION OF outgoing Vice Mayor Mike Scharnow and incoming Vice Mayor David Spelich    Mayor Dickey thanked Councilmember Scharnow for his service as Vice Mayor, who reliably attended local activities and met responsibilities which she appreciated very much. She said that she was looking forward to David Spelich serving as Vice Mayor.   B.PROCLAMATION - declaring November 28, 2020, as Small Business Saturday.      Mayor Dickey read the proclamation proclaiming November 28, 2020, as Small Business Saturday. Councilmember Magazine said that three or four weeks ago he read that 100,000 small businesses have gone out of business, and he is sure it is a lot more. There will be more than that because of COVID. A lot of people are being thrown out of work and he hoped that the House and Senate could get together with a financial package.   5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS   A.PRESENTATION by representatives of Rural Metro on update.    Brian Davis with Rural Metro came forward and thanked Mr. Miller for the opportunity to return to a Town Council meeting to provide an update. He said that Chief Ott does a wonderful job of running the department in Fountain Hills, but he wanted to provide a periodic snapshot of their global presence. He said that the Fountain Hills operation is part of Central Arizona which includes 13 stations fulled staffed with 200 people. The Arizona Operation, which include Pima and Yuma Counties, includes 27 stations and 500 staff, three fleet maintenance facilities and three dispatch services. He said that they can find members of Rural Metro in Josephine County, Oregon, Know County, Tennessee and many are staffing areas of Chicago. Mr. Davis said that even though this has been the year of unmentionables, it has been a good year for Growth Medical Responses (GMR). He said that it was a three-legged stool with 1) Rural Metro; 2) Air Emergency; and 3) AMR Ambulance. That makes up the foundation of who they are, with almost 38,000 employees. He said that they can now tap into responses and information that the average organization would not have. He said that they participate with all of those employees. This year Fountain Hills firefighters responded in New York City, California, Oregon, Louisiana, etc. He said while the rest of the country was having PPE shortages, their large buying power allowed them to have their own cache. He said that all of their firefighters were following a regiment nationwide. Within the Central Arizona area they had a total of 17 positive COVID Town Council Regular Meeting of November 17, 2020 3 of 12 regiment nationwide. Within the Central Arizona area they had a total of 17 positive COVID cases with employees. He said that their firefighters have the full resources of the national organization, making sure that Fountain Hills residents are being provided with cutting edge procedures. Councilmember Magazine thanked Mr. Davis for the presentation. He asked if Rural Metro was a for profit company. Mr. Davis replied that it was. Councilmember Magazine asked who pays when someone is transported. Mr. Davis said that it would be through insurance or the patients. Councilmember Magazine said that he has heard horror stories of ambulance bills running $30,000 to $50,000, and asked how that justified. Mr. Davis said that it comes down to the slight amount of actual revenue received. He said that ambulance billing causes them more frustration than anyone else. He would deeply love to not have situation, but there are many players involved. Councilmember Magazine asked if the amount received is so much less, why they receive bills like that. Mr. Davis said that was a decision made higher up. With regard to the cache of PPE's, he keeps seeing that nurses are wear masks for 30 days and he asked why. Mr. Davis said that he does not know that there are enough for the entire nation. They rotate the stock and buy it from the same places everyone buys them from. Councilmember Tolis thanked Mr. Davis for his presentation, stating that it was very informative. He said that he had no idea of their global presence and it sounds like the residents of Fountain Hills are in good hands. Mr. Miller said that he meets periodically with Mr. Davis, and anything that needs to be worked out with worked out mutually with them and Chief Ott. Mayor Dickey said that she appreciated all of their work, noting that it was a tough year all around.   B.PRESENTATION OF annual financial audit results by Heinfeld Meech & Co.      Jennifer Shields with Heinfeld Meech & Co. said that this is the fifth year of their contract. She said that they only get to come out and visit a few times a year. This past year with COVID was different. They came on site and worked closely with David Pock and Be, and others as well, and she thanked staff and Mr. Miller. She said that an audit is never an easy undertaking, and this year provided additional challenges, but the Town has done a good job keeping everything electronically so they can be reviewed at other locations. Tomorrow she will send a letter to Mr. Miller, the Letter to Governance. She said that it will outline the process of what they were required to do. She said that they had no disagreements with management; no difficulties in performing the audit; no audit adjustments were required to be made; and those are all good things. She said that this report is where any disclosure of audit findings would be, but there wer no audit findings. Mayor Dickey said that they appreciated their work, and thanked staff for doing such a fine job.   6.CALL TO THE PUBLIC Town Council Regular Meeting of November 17, 2020 4 of 12 6.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), 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.    None   7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion 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, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.    MOVED BY Vice Mayor David Spelich, SECONDED BY Councilmember Alan Magazine to approve Consent Agenda Items 7-A through 7-B.  Vote: 6 - 0 Passed - Unanimously   A.CONSIDERATION OF approving the meeting minutes of the Regular Meeting of October 6, 2020; and the Regular Meeting of October 20, 2020.      B.CONSIDERATION OF approving Fountain Hills Cultural and Civic Association's application to the Arizona Department of Revenue for a Bingo License to conduct Bingo at the Community Center.      8.REGULAR AGENDA   A.CONSIDERATION OF Resolution 2020-43 declaring and adopting the results of the General Election held November 3, 2020.       Town Clerk Elizabeth Burke reported that the final numbers from the County had not yet been received, so they were unable to canvass the election results. She said that the County has notified the Town that they will have the numbers to the Town tomorrow, so in order to comply with State Statutes, which requires a canvass within 20 days of the election, the Council would need to schedule a quick special meeting for either Thursday or next Monday. Mr. Miller thanked the Town Council and gave kudos to the Development Services Director for taking a very good General Plan to the voters for ratification. He said that Bo did quite a bit with public engagement, and with all of their working groups, it was a stamp of approval for all those involved in its development. The Town Council directed staff to schedule a special meeting for 5:30 p.m. on Thursday, November 19, 2020.   Town Council Regular Meeting of November 17, 2020 5 of 12        B.PUBLIC HEARING AND CONSIDERATION OF Resolution 2020-42 adopting the Town's FY 2021-22 Comprehensive User Fee Schedule.       Mayor Dickey opened the Public Hearing and Finance Director David Pock gave a brief PowerPoint presentation which addressed: USER FEE BACKGROUND GENERAL FUND REVENUE USER FEE WORK SESSION Mr. Miller said that his recollection at the end of the work session was that the Town Council was inclined to approve the fees as presented. He believed that the Vice Mayor had brought up a fee for an expedited service. Mr. Pock said that at the end, Council's direction was to accept as recommended; that did not mean that all of them were adjusted to be full cost recovery. Councilmember Magazine said that his recollection was that this would increase revenue by $515,000 per year. Mr. Pock said that it is difficult for projected revenues. He said that revenues will increase if they have the same level of activity. Mr. Miller said that they had used a spreadsheet where all things being equal, in theory the fees would increase revenue up to $500,000. Mayor Dickey closed the Public Hearing Councilmember Scharnow said that it is being recommended that such a study be done every five years. He asked if the development of this study will help with future studies. Mr. Pock said that it does provide a good foundation; going forward they can update with sales/benefits, but will still revisit everything.    MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Mike Scharnow to adopt Resolution 2020-42.  Vote: 6 - 0 Passed - Unanimously   C.CONSIDERATION OF Approving contract 2021-007 for General Plumbing Services, which encompass three (3) as-needed Job Order Master Agreement Contracts; 2021-007A, 2021-007B, and 2021-007C with terms for a period of one-year with up to four, one year renewable options and with identical compensation not to exceed $125,000 per contract in a twelve (12) month period.       Mr. Miller said that this item, as well as the next, were related to job order contracting for plumbing and general electrical services. Parks Superintendent Kevin Snipes provide some background. He said that they used this same process for general contractors. It was a townwide contract and used by multiple departments. It is very beneficial in getting things done in a timely fashion. He said that they have used this method for the past year and a half, and decided to use it for more specific work such as plumbing and electrical. They received quotes and are submitting a list of vendors from which staff would contact at the time of need. This allows them to get things done as quickly as possible. If the first contractor on the list is unable to help, then they move to the next on the list.. This prevents Town Council Regular Meeting of November 17, 2020 6 of 12 contractor on the list is unable to help, then they move to the next on the list.. This prevents staff from having to bring items back before Council in those situations where timeliness is essential. He said that they were able to get 14 general contractors. This time, they have three vendors they can use for plumbing and five for electrical. He said that they are not asking for consideration on spending extra money; it is to be able to spend monies budgeted when they need it. Vice Mayor Spelich asked if any local businesses provided a quote. Mr. Snipes said that no local vendors submitted on either of the bids. Vice Mayor Spelich said that he would like to use businesses in Fountain Hills, and asked how they increase participation by businesses, or ask them why they do not participate. Mr. Snipes said that when they did the general contractor JOC, they got several quotes from locals and they have been used several times. Part of the goal in JOC was to get locals. Councilmembers asked why locals do not bid. Councilmember Scharnow said that he knows some local electrical contractors and they have done some commercial, but a lot of what they are being asked to do for the Town is more commercial. Most of the plumbers that he knows are more residential. Mr. Snipes said that a year and a half ago they had a problem at the bathrooms at Fountain Park, over a holiday weekend, and once the plumbers heard that the toilets were hung on the wall, they would not touch them. Mr. Miller said that last year at the Council Retreat, the Council brought up the desire to have opportunities for local vendors. He said that while this one did not work out like they would have liked, they have done a good job. He said that a local videographer worked with James Smith. He said that they are still trying to kick up more opportunities for the local vendors. Councilemember Friedel said that they have to have people that have the expertise.    MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Mike Scharnow to approve Job Order Master Agreement Contracts Nos. 2021-007A, 2021-007B, and 2021-007C, for general plumbing services.  Vote: 6 - 0 Passed - Unanimously   D.CONSIDERATION OF Approving contract 2021-008 for General Electrical Services, which encompass five (5) as-need basis Job Order Master Agreement Contracts; 2021-008A, 2021-008B, 2021-008C, 2021-008D, and 2021-008E with identical terms for a period of one-year with up to four, one-year renewable options and with identical compensation not to exceed $125,000 per contract in a twelve (12) month period.       MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember Gerry Friedel to approve Job Order Master Agreement Contracts Nos. 2021-008A, 2021-008B, 2021-008C, 2021-008D, and 2021-008E for general electrical services.  Vote: 6 - 0 Passed - Unanimously   E.CONSIDERATION OF approving Professional Services Agreement C2021-022 with Kimley    Town Council Regular Meeting of November 17, 2020 7 of 12 E.CONSIDERATION OF approving Professional Services Agreement C2021-022 with Kimley Horn and Associates, Inc., for the design of: (1) Palisades Boulevard and Eagle Ridge/Palomino Drive traffic signal design, and (2) Fountain Hills Boulevard and Palisades Boulevard intersection analysis.       Public Works Director Justin Weldy said that this is a two-part contract. The first part is to evaluate the intersection of Palisades and Palomino for a traffic signal. He said that they have had some growth in that area, with the expansion of Copperwynd and Phase 2 of Adero Canyon. He said that several years ago they put this into the capital projects list for when there may be a need to build a traffic signal. Phase 1 consists of warrant study to evaluate and document the need for a signalized controlled intersection based on the Manual on Uniform Traffic Control Devices (MUTCD), Section 4. Phase 2 consists of preparing preliminary design, cost estimates, and scoping document that will define the project improvements necessary for a fully functional four-legged traffic signal.Town staff anticipates other improvements being necessary for a fully functional and safe intersection. Phase 2 will be instrumental in assisting with defining the project of improvements in more detail and provide Town staff with a budget for programming and scheduling purposes. Phase 3 consists of the final design of the improvements. Councilmember Tolis said that the Development Agreement with CopperWynd required them to allocate $500,000 towards a signal in anticipation of their third phase. Mr. Miller said that it would be required on completion of the third phase. They would be a part and have to participate in contributing. At this point, there is no indication it is required; this would be to determine a need. He said that in the event that the warrants were met, the Town would be able to get them when they did develop phase three. As far as Toll Brothers, they acquired property from MCO and originally MCO had given a small contribution many years ago for their portion. Councilmember Scharnow asked how many warrants have to be met. Mr. Weldy said that one one is needed, but they would probably be looking to met two or three. He said that the notice to proceed would only cover the first phase of the project. It would be one big contract, but they would be paid in phases, if the warrants are met. In any case, he said, they would come back to Council to provide an update. Mr. Miller noted that the Council preauthorized staff to be there tonight as this is in the CIP. He said that if they find that there are warrants, then that would be a CIP discussion. Vice Mayor Spelich said that he believes they will end up with a traffic study done during COVID when many people are working from home and will not have a true count of traffic. Mr. Weldy said that they are fortunate at this intersection to have historic data with the CopperWynd, Adero Canyon and Daybreak developments He said that they have numbers outside of COVID; the only data they are lacking is the turning movements. Councilmember Magazine asked how much Phase I would cost. Mr. Weldy said that he did not have the exact number, but he believed it was around $17,000. Councilmember Magazine said that he would go along with the first phase, but after that he would have to be convinced. Mayor Dickey said that with the Prop 400 reauthorization, it is based on modeling. They Town Council Regular Meeting of November 17, 2020 8 of 12 Mayor Dickey said that with the Prop 400 reauthorization, it is based on modeling. They need to recognize that what they are going to experience now may not be what is happening in 18 months. She said that if it comes back that they should be looking ahead, she would be comfortable moving ahead with this. Ms. Burke noted that one Request to Comment card was submitted electronically and they were opposed to moving forward. Councilmember Scharnow asked if Palisades was the busiest main street. Mr. Weldy said that he did not have that information in front of him. Councilmember Scharnow said that this is about improving the flow of traffic. With the hills and curves, it is a weird intersection. To him, it is good planning to at least go forward and make an allowance for this to happen. Mr. Weldy said that when the intersection was taken over from Maricopa County, there has been only one change. There has not been an evaluation in 20 years. Councilmember Magazine said that he can attest that it is a dangerous situation and it is worth looking at.    MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan Magazine to approve Professional Services Agreement C2021-022 with Kimley Horn and Associates, Inc., in the amount of $175,082, of which $15,917.00 shall be an owners’ allowance, for the design of Palisades Boulevard and Eagle Ridge/Palomino Drive traffic signal and Fountain Hills Boulevard and Palisades Boulevard intersection analysis.  Vote: 3 - 3 Failed  AYE: Mayor Ginny Dickey  Councilmember Mike Scharnow  Councilmember Alan Magazine NAY: Vice Mayor David Spelich  Councilmember Art Tolis  Councilmember Gerry Friedel    Mr. Arnson said that at this time the Council could have staff come back or the Council could vote to reconsider the matter and if approved, limit the motion to something different.    MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Art Tolis to approve the design of the intersection of Fountain Hills Blvd. and Palisades in the amount of $21,480.  Vote: 6 - 0 Passed - Unanimously   F.CONSIDERATION OF approving the third amendment to Professional Services Agreement C2019-002 with Brown & Associates Certified Inspection Services, INC, for civil plan review and inspection services.       Mr. Weldy said that this was to cover the vacancy due to the town engineer retiring. It has also been used in the past to allow for inspections for the building safety division, should they need it. Vice Mayor Spelich asked if staff had any idea of the estimated time for filling the position. Mr. Miller said that they just closed recruitment and have eight applicants. They are hopeful to be able to get this filled within the next three to four weeks. With regard to the other Town Council Regular Meeting of November 17, 2020 9 of 12 to be able to get this filled within the next three to four weeks. With regard to the other building inspector, they just made an offer and they will be starting on November 30, 2020. He said that this is worst case scenario. It is close to what is available. They probably will not need to spend the full amount, but it gives staff more cushion to be on the safe side.   G.CONSIDERATION OF directing staff to proceed in undertaking the remaining projects in the Town Council-approved FY2020-21 Capital Improvement Program.       Mr. Weldy said that earlier this year the Town Council had directed staff to move forward with a few high priority capital projects, but the rest were put on hold, although they had been budgeted. This evening was to review the other projects and receive direction on whether to move forward. Mr. Weldy reviewed the various projects at this time. TABLE A Miscellaneous Drainage Improvements D6074 $ 50,000 Pollina Brantley Drive Detention Basin D6059 $100,000 HVAC Controllers F4035 $ 70,000 Fire Alarm Control Panel Replacement F4036 $ 80,000 Sidewalk Infill S6061 $200,000 Palisades & Eagle Ridge Traffic Signal T5005 $ 50,000 Four Peaks Park Upgrades P3035 $335,000 Four Peaks Park Playground Parking lot P3045 $ 65,000 Mr. Weldy said that it was brought to his attention today that he did not include the multiyear project which is security cameras at the parks and other Town facilities, which is budgeted at $50,000 a year. Mayor Dickey said that for the purposes of moving forward the cameras will be added to the list and the intersection of Palisades and Golden Eagle will be removed, which may affect the motion later. Regarding Brantley Drive, Councilmember Scharnow asked if the cost included construction. Mr. Weldy said the number was estimated based on the geography challenge. This is for design only. Councilmember Scharnow asked what was included in the Park Upgrades. Ms. Goodwin replied that it would provide a shade structure over the new playground and they would redo the addition of the south side to continue the walking path. She noted that it was for pedestrian access, not vehicular. Councilmember Friedel said that the improvements at the park have been outstanding; they did a great job. Mr. Miller added that Mr. Snipes has done a great job with the turf, too. Councilmember Magazine asked about the Polina improvement. Mr. Weldy said that the Town has a drainage easement and they will dig a hole to slow down the drainage water. Right now it goes down a steep road overtops curbs, entering properties. Town Council Regular Meeting of November 17, 2020 10 of 12 Councilmember Magazine said that when they discussed these at the work session, there was a concern about income because of COVID. He really thinks that the income is likely to be worse in the coming months as COVID is increasing exponentially. He asked Mr. Miller his thoughts on moving forward with projects during this time. Mr. Miller said that Fountain Hills has been much more insulated than other communities that may have an airport, retail and hotels. They are more of a bedroom community, and their revenues have been much more stable. He said that the CIP fund is the most stable of all of their funds. He is more concerned with the operating budget. Mr. Pock clarified that the CIP funds could not be used for operating unless the Town Council decided to move it out. Councilmember Magazine asked staff if they thought there were any projects that they could safely put off. Mr. Miller said that they have made a commitment to go forward; he believes that once they are all done they will still be at $3 million in the CIP fund. Mr. Weldy said that each one of these will require a contract and that will be brought back for further consideration. Councilmember Scharnow said that it does not seem like it is being reckless to consider that projects at this time; he was in favor of going forward with all of them. Mayor Dickey agreed. Mr. Weldy asked that the motion not include the Table as recommended.    MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Mike Scharnow to direct staff to proceed in undertaking the remaining capital projects for FY2020-21 with the exception of the Palisades/Eagle Ridge.  Vote: 6 - 0 Passed - Unanimously   H.CONSIDERATION OF approving Amendment No. 1 to Professional Services Agreement C2021-087 with Visus Engineering Construction, Inc. for a change order relating to the roundabout at the intersection of La Montana and Avenue of the Fountains, and the associated budget transfer.       Mr. Miller said that the roundabout was just completed, the markings were completed. During the summer after it was started it was identified that there was a potential conflict with pedestrian traffic and the Town Council approved making a more simplified roundabout. This is a request for the change order, to pay the contract for that work. Mr. Weldy said that they are currently working with the vendors on quantities, there are still some plant establishments, but it will not exceeded this amount. He is comfortable that it will be slightly less. Councilmember Magazine said that he does not like the idea, but he understands the necessity. He said that after they approved it he had some real second thoughts, but now having seen it and receiving such positive e-mails, he thinks they did the right thing.    MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan Magazine to approve Amendment No. 1 to Professional Services Agreement 2020-087 with Visus Engineering Construction, Inc. in the amount of $90,552.94, and the associated budget transfer.  Vote: 5 - 1 Passed   Town Council Regular Meeting of November 17, 2020 11 of 12  NAY: Vice Mayor David Spelich   9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.    None   10.ADJOURNMENT    The Regular Meeting of the Fountain Hills Town Council held November 17, 2020, adjourned at 7:48 p.m.    MOVED BY Mayor Ginny Dickey, SECONDED BY Councilmember Alan Magazine to adjourn.  Vote: 6 - 0 Passed - Unanimously     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: ______________________________ Elizabeth A. Burke, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 17th day of November, 2020. I further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of December, 2020. _________________________________ Elizabeth A. Burke, Town Clerk Town Council Regular Meeting of November 17, 2020 12 of 12 TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 19, 2020            1.CALL TO ORDER – Mayor Dickey    Mayor Dickey called the Special Meeting of the Fountain Hills Town Council held on November 19, 2020, to order at 5:30 p.m.   2.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey (telephonically); Vice Mayor David Spelich (telephonically); Councilmember Mike Scharnow (telephonically); Councilmember Alan Magazine (telephonically); Councilmember Gerry Friedel (telephonically)  Absent: Councilmember Art Tolis; Councilmember Dennis Brown  Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson (telephonically); Town Clerk Elizabeth A. Burke  3.REGULAR AGENDA   A.CONSIDERATION OF Resolution 2020-43 declaring and adopting the results of the General Election held November 3, 2020.       Town Clerk Elizabeth Burke recalled that the final election numbers were not available from Maricopa County Elections for the Tuesday Regular Council Meeting, so Council had directed staff to schedule a special meeting for today. She then reviewed the results of the General Election held on November 3, 2020, noting that the ratification of the General Plan easily passed and that the Town had a 91% voter turnout. Brief discussion was held on some calls received that many residents did not know what this was about.    MOVED BY Vice Mayor David Spelich (telephonically), SECONDED BY Councilmember Alan Magazine (telephonically) to adopt Resolution 2020-43.   Vote: 5 - 0 Passed - Unanimously   4.ADJOURNMENT    MOVED BY Vice Mayor David Spelich (telephonically), SECONDED BY Councilmember Alan Magazine (telephonically) to adjourn.   Vote: 5 - 0 Passed - Unanimously          The Special Meeting of the Fountain Hills Town Council held November 19, 2020, adjourned at 5:38 p.m.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor                ATTEST AND PREPARED BY: ______________________________  Elizabeth A. Burke, Town Clerk  CERTIFICATION   I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 19th of November, 2020. I further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of December, 2020.                                                                                         _________________________________                                                                                          Elizabeth A. Burke, Town Clerk    Town Council Special Meeting of November 19, 2020 2 of 2 ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/01/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF adopting Resolution 2020-41, abandoning a portion of the 10' Public Utility and Drainage Easement at the rear of Plat 401-B, Block 3, Lot 32 (16930 E. Monterey Dr.), as recorded in Book 155, Page 12, records of Maricopa County, Arizona. (EA 2020-10) Staff Summary (Background) Applicant/Owner: Ronald E Bellis Revocable Trust/Bonnie S Bellis Revocable Trust Property Location: 16930 E. Monterey Drive This is a request to abandon all but the southerly 10' of the pre-incorporation 10' Public Utility and Drainage Easement located at the rear of Plat 401-B, Block 3, Lot 32 (16930 E. Monterey Drive; EA 2020-10). The applicants have indicated that their purpose in requesting this abandonment is for a "possible future building". (Note: The applicant should also verify the applicable building setback requirements with the Town's Planning Section, since those setbacks could also constrain a building's location.) Staff has reviewed the site to determine any on-site drainage issues in addition to the Town's general interest in the easement. There is no need for the Town to retain the drainage easement proposed to be abandoned with the understanding that the owner of the lot is required to pass the developed flows generated by the upstream lots across their property.  It should be noted that all the public utilities have approved the abandonment of this easement. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Resolution 2020-41. SUGGESTED MOTION MOVE to adopt Resolution 2020-41. Attachments Res 2020-41  Vicinity Map  Aerial Photo Map  Exhibit A: Survey  Form Review Inbox Reviewed By Date Town Clerk Elizabeth A. Burke 11/12/2020 10:43 AM Development Services Director John Wesley 11/12/2020 04:59 PM Town Attorney Aaron D. Arnson 11/12/2020 06:21 PM Town Manager Grady E. Miller 11/19/2020 10:40 AM Form Started By: rharrel Started On: 10/12/2020 06:11 PM Final Approval Date: 11/19/2020  RESOLUTION 2020-41 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE 10' PUBLIC UTILITY AND DRAINAGE EASEMENT AT THE REAR OF PLAT 401-B, BLOCK 3, LOT 32 (16930 E. MONTEREY DR.), FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 155, OF MAPS, PAGE 12 RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain public utility and drainage easement, located at the rear property lines of Plat 401-B, Block 3, Lot 32 (16930 E. Monterey Dr.), Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 155 of Maps, Page 12, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 1st day of December, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney BEELIN E H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAG U A R O B L V D PALISA D E S B L V D PALISA D E S B L V D SA G U A R O B L V D FO U N T A I N H I L L S B L V D McDOWELL M O U N T A I N R D F O U N T A I N H I L L S B L V D SUN R I D G E D R EL L A G O B L V D AVENU E O F T H E FOUN T A I N S PAN O R A M A D R FI R E R O C K C O U N T R Y C L U B D R EAG L E M O U N T A I N PK W Y CR E S T V I E W D R PAL O M I N O B L V D SIERRA M A D R E GRANDE BL V D G O L D E N E A G L E B L V D E A G L E R I D G E D R E A G L E R I D G E D R VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is A r i z o n a F O U N T AIN HI L L S TOWN OF INC. 1989 TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 16930 E MONTEREY DR DEVELOPMENT SERVICES PHOTO MAP All that is A r i z o n a F O U N T AIN HI L L S TOWN OF INC. 1989 2019 AERIAL ZONING: R1-8 MONTEREY DR ABANDON 10' P.U.E. & D.E. LOT 32 EA: 2020-10 LEGEND: LOT 33 RETAIN 10' P.U.E. & D.E. LOT 8 LI T T E R D R LO T 7 403-B, BLOCK 3 40 3 - B , B L O C K 3 40 3 - B , P A R C E L " E " ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/01/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF approval of Contract 2021-006, First Amendment to a wireless facility lease at Shea and Eagle Mountain. Staff Summary (Background) In August 2000, the Town and Sprint Spectrum, LP, entered into an Option and Site Lease Agreement for Sprint’s use of the Town’s property for the purpose of installing and operating a communication facility near the intersection of Shea Boulevard and Eagle Mountain Parkway. The final extension of the Agreement will expire on December 27, 2020. The Town and STC Five LLC (Crown Castle), the successor-in-interest to Sprint, have negotiated the terms of a First Amendment to the Agreement for the Council’s approval. Among other things, the First Amendment:  Extends the term of the Agreement for an additional fifteen years, until December 27, 2035, with two optional five-year extensions at the Town’s sole discretion. Increases the monthly base rent from $2,077.00 to $2,250.00 for the first five years of the Agreement, with upward market rate adjustments to become effective in December 2025 and December 2030. Provides the Town with a 35% revenue share from any equipment leased to subtenants on adjacent property. Provides the Town with a one-time signing bonus of $2,500.00. Related Ordinance, Policy or Guiding Principle Fountain Hills' Financial Policies Risk Analysis If not approved, the Town risks losing rental revenue related to a long-term lease agreement. In addition, wireless reception in the area would be reduced for residents and visitors. Recommendation(s) by Board(s) or Commission(s) N/A  Staff Recommendation(s) Staff recommends approval of the amendment. SUGGESTED MOTION MOVE to approve Contract 2021-006. Fiscal Impact Fiscal Impact:$27,000 Budget Reference:Lease Revenue Funding Source: If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Lease  First Amendment  Form Review Inbox Reviewed By Date Finance Director (Originator)David Pock 11/19/2020 10:13 AM Town Attorney Aaron D. Arnson 11/19/2020 02:08 PM Town Manager Grady E. Miller 11/19/2020 09:42 PM Form Started By: David Pock Started On: 11/19/2020 05:33 AM Final Approval Date: 11/19/2020  FIRST AMENDMENT TO OPTION AND SITE LEASE AGREEMENT (Bellagio/Eagle Mountain Cactus Site #879340) THIS FIRST AMENDMENT TO OPTION AND SITE LEASE AGREEMENT (this “First Amendment”) is entered into as of ____________, 2020, by and between the Town of Fountain Hills, an Arizona municipal corporation (the “Town” or “Lessor”) and STC Five LLC, a Delaware limited liability company, by and through its attorney-in-fact Global Signal Acquisitions III LLC, a Delaware limited liability company (“Lessee”), as successor in interest to Sprint Spectrum, LP, a Delaware limited partnership (“Sprint”). Unless otherwise defined herein, all capitalized terms in this First Amendment shall have the meanings set forth in the Option and Site Lease Agreement. RECITALS A. The Town, as lessor, and Sprint, as lessee, entered into that certain Option and Site Lease Agreement dated August 28, 2000 (the “Agreement”), a memorandum of which was recorded on October 12, 2000 at Instrument No. 2000-0783665 in the official records of Maricopa County, Arizona, for Sprint’s use of the Town’s Property for the purpose of installing and operating the Communications Facility. B. Pursuant to the pre-existing Amended Restated Assignment and Assumption Agreement dated July 1, 1996 between Sprint Spectrum Holding Company, LP, Sprint and Sprint Spectrum Realty Company, LP, a Delaware limited partnership (“Sprint Realty”), the Agreement was assigned from Sprint to Sprint Realty. C. Pursuant to that certain General Assignment and Assumption Agreement between Sprint Realty and Sprint, dated May 26, 2005 (as subsequently amended), rights to the Agreement were transferred from Sprint Realty to Sprint. Immediately following the transfer from Sprint Realty to Sprint, and pursuant to that certain General Assignment and Assumption Agreement between Sprint and Sprint Spectrum Equipment Company, LP, a Delaware limited partnership (“Sprint Equipment”), the rights to the Agreement were transferred from Sprint to Sprint Equipment. Concurrently therewith and pursuant to the General Assignment and Assumption Agreement between Sprint Equipment and Lessee, dated May 26, 2005 (as subsequently amended), Sprint Equipment assigned and the rights to the Agreement to Lessee. D. Lessee subsequently appointed Global Signal Acquisitions III, LLC, a Delaware limited liability company (“Global Signal”) as its attorney-in-fact with respect the Agreement. E. The Agreement had an initial term that commenced on December 28, 2000 and expired on December 27, 2005. The Agreement provides for three (3) extensions of five (5) years each, all three (3) of which were exercised by Lessee. According to the Agreement, the final extension expires on December 27, 2020. F. Global Signal has requested an extension of the lease term contained within the Agreement. The Town and Lessee, through Global Signal, desire to amend the Agreement to extend the term thereof as specified in this First Amendment. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and Lessee hereby agree to amend the Agreement as follows: 1. Replacement of Exhibit A, Exhibit B, and Exhibit C. Exhibits A, B, and C of the Agreement are deleted and replaced in their entirety with, respectively, Exhibits A, B, and C hereto. 2. Modification of Term. Section 4 of the Agreement is hereby deleted in its entirety and replaced with the following: Term. This Agreement shall be for a term of five (5) years (“Initial Term”), commencing on December 28, 2000. Lessee shall have the right to renew the Agreement for seven (7) additional five (5) year terms (each a “Renewal Term”), with the final Renewal Term expiring on December 27, 2035. The Initial Term and any Renewal Term shall be collectively referred to as the “Lease Term”. The Lease Term shall automatically be extended for each successive Renewal Term unless Lessee notifies Town of its intention not to renew at least ninety (90) days prior to the expiration of the then current five year term. 3. Additional Renewal Terms. The Town may elect to grant to Lessee two (2) additional Renewal Terms of five years each by providing written notice to Lessee at least one-year prior to the expiration of the seventh Renewal Term (each an “Additional Renewal Term”). Lessee may accept the Additional Renewal Terms by payment of an extension fee in the amount of Five Thousand and 00/100 Dollars, payable within sixty (60) days of the date of Lessor’s notice (the “Extension Fee”). The Lease will automatically be extended for each successive Additional Renewal Term if the Extension Fee is paid by Lessee within the sixty (60) day period. The first Additional Renewal Term will commence on December 28, 2035 and will expire on December 27, 2040, and the second Additional Renewal Term will commence on December 28, 2040 and will expire on December 2045. In the event the Extension Fee is not received by the Town within the sixty (60) day period, then Lessee will be deemed to have declined the Additional Renewal Terms and the Lease will expire on December 27, 2035. 4. Modifications to Rent. 4.1 Modification of Base Rent. On the first (1st) day of the second (2nd) full month following full execution of this First Amendment, the monthly Rent shall increase to Two Thousand Two Hundred Fifty and 00/100 Dollars ($2,250.00) per month. This rent increase replaces and is in lieu of the regular rent escalation scheduled to occur on December 28, 2020. Following such increase, the monthly Rent shall continue to adjust pursuant to the terms of the Agreement, with the next escalation occurring on December 28, 2025. 4.2 Market Rate Adjustment. Notwithstanding anything in the Agreement to the contrary, on December 28, 2030 (the “Market Rate Adjustment Date”), Rent shall be increased to or by the greater of (i) the then Current Market Rate (as defined below) (aka “a market rate adjustment”), (ii) the same percentage increase in the CPI in accordance with Section 5(a) of the Agreement. For purposes of this Section, “Current Market Rate” shall be determined by taking the average of the rental rates calculated on a per square foot basis then being paid by Tenant, or any affiliate of Tenant, to the ten (10) landlords in closest proximity to the Premises. At least ninety (90) days prior to any Market Rate Adjustment Date, Landlord shall request the Current Market Rate from Tenant if Landlord desires a market rate adjustment to the Rent. Within thirty (30) days of Landlord’s request, Tenant shall provide a report summarizing Tenant’s calculation of the Current Market Rent in accordance with the definition set forth above. If Landlord fails to request the Current Market Rate from Tenant at least ninety (90) days prior to prior to any Market Rate Adjustment Date, there shall be no market rate adjustment and Rent shall be increased by the change in the CPI in accordance with Section 5(a) of the Lease. The above-described Market Rate adjustments shall apply in lieu of the Regular Rent Escalation for the Lease year commencing December 28, 2030. 4.3 Shared Revenue. A new subsection 5(c) is hereby added to the Agreement to read as follows: (c) During the term of the Agreement, Lessee shall have an irrevocable option (“Option”), exercisable at any time, and from time to time, to lease up to a maximum of four hundred (400) square feet of real property adjacent to the existing Premises at a location to be proposed by Lessee and approved by Lessor, which approval shall not be unreasonably withheld, conditioned or delayed (“Additional Lease Area”). In the event that Lessee leases, subleases, licenses or grants a similar right of use or occupancy in the Additional Lease Area to a third party not already a subtenant on the Premises (each an “Additional Area Subtenant”), Lessee agrees to pay to Lessor thirty-five percent (35%) of the rental, license or similar payments actually received by Lessee from such Additional Area Subtenant (excluding any reimbursement of taxes, construction costs, installation costs, or revenue share reimbursement) (the “Additional Lease Area Rent”) within thirty (30) days after receipt of said payments by Lessee. In the event the Option is exercised, the Additional Lease Area Rent shall be the only consideration payable to Lessor for Lessee’s use of the Additional Lease Area. Lessee shall have no obligation for payment to Lessor of such share of rental, license or similar payments if not actually received by Lessee. The Additional Lease Area Rent shall be due and payable upon the later of (i) commencement of construction activities within the Additional Lease Area or (ii) the date when Lessee begins to receive monthly license payments from the Additional Area Subtenant. Lessee may exercise the Option for the entire Additional Lease Area in a single exercise, or may exercise the Option multiple times in increments, by providing written notice to Lessor at any time (each a “Notice of Exercise”); provided, however, that following Lessee’s delivery of the Notice of Exercise to Lessor, Lessee may at any time prior to commencement of construction activities within the Additional Lease Area withdraw its election to exercise the Option if Lessee discovers or obtains any information of any nature regarding the Additional Lease Area which Lessee determines to be unfavorable in its sole discretion. Within thirty (30) days after the date of Lessee’s Notice of Exercise, Lessor shall execute and deliver an amendment to the Agreement to grant Lessee’s interest in the Additional Lease Area. 4.4 Signing Bonus. In addition to any rental amounts payable as set forth in this Section, Lessee shall, not later than September 6, 2020, pay to the Lessor Two Thousand Five Hundred and no/100 dollars ($2,500.00) as additional one-time compensation. 5. Co-location. Subsection 10(d) of the Agreement is hereby deleted in its entirety and replaced with the following: Lessee agrees to support the Town of Fountain Hills’ interest in having wireless communication providers co-locate their antennas on either new or existing structures, and will cooperate with third party communication users in accordance with the provisions of this Section 10(d). In the event Lessor elects to permit another communications user the right to use Lessor’s Property, Lessor agrees to notify Lessee thirty (30) days prior to the issuance of such authority for the purpose of determining whether the third party communications user will interfere with Lessee’s intended use of the Premises. Should Lessee notify Lessor, in writing not later than fifteen (15) days after receipt of notice from Lessor, that the third party communications user will interfere with Lessee’s operations, then Lessor agrees not to permit the third party communications user the right to use the Premises. Lessee’s consent shall not be unreasonably withheld. Lessee may, upon prior, written approval by the Town Manager and for so long as Lessee pays the additional amounts due under subsection 5(c) above, as applicable, allow other wireless communication providers (“Sublessees”) to locate facilities on the Premises. Use of the Premises by Sublessees is strictly conditioned upon such use not adversely interfering with the then-existing equipment of any communication users on the Property. The Town’s consent shall not be unreasonably withheld. 6. Notices. Section 15 of the Agreement is hereby deleted in its entirety and replaced with the following: 15. Notices. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (a) delivered to the party at the address set forth below, (b) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (c) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Lessor: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman, PLLC 7730 E Greenway Road, Suite 105 Scottsdale, Arizona 85260 Attn: Aaron D. Arnson, Esq. If to Lessee: STC Five LLC c/o Crown Castle USA Inc. Attn: Legal - Real Estate Department 2000 Corporate Drive Canonsburg, PA 15317 or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (a) when delivered to the party, (b) three (3) business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (c) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 7. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 8. Non-Default. By executing this First Amendment, the Lessee affirmatively asserts that, to Lessee’s actual knowledge, Lessor is not currently in default under any of the terms or conditions of the Agreement. Likewise, by executing this First Amendment, the Town affirmatively asserts that, to the Town’s actual knowledge, Lessee is not currently in default under any of the terms or conditions of the Agreement. 9. Conflict of Interest. This First Amendment may be cancelled pursuant to ARIZ. REV. STAT. § 38-511. [EXECUTION PAGES FOLLOW] IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. “Lessor” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on , 2020, by Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] “Lessee” STC Five LLC, a Delaware limited liability company By: Global Signal Acquisitions III LLC, a Delaware limited liability company Its: its attorney-in-fact By: Name: Title: (ACKNOWLEDGEMENT) STATE OF _ ) ) ss. COUNTY OF _ ) This instrument was acknowledged before me on , 2020, by as of Global Signal Acquisitions III LLC, a Delaware limited liability company, on behalf of the company. Notary Public in and for the State of (affix notary seal here) EXHIBIT A EXHIBIT A Legal Descriptions LEASE AREA 1: A portion of land located in the Northwest Quarter of Section 29, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing from a found brass cap at the intersection of Shea Boulevard and Eagle Mountain Parkway, thence along the centerline of Eagle Mountain Parkway, a bearing of south 11 degrees 15 minutes 25 seconds east, a distance of 172.00 feet; thence south 89 degrees 34 minutes 01 seconds west, a distance of 114.00 feet to the POINT OF BEGINNING and a point hereinafter referred to as Point ‘A’; Thence north 90 degrees 00 minutes 00 seconds west, a distance of 27.00 feet; Thence north 00 degrees 00 minutes 00 seconds west, a distance of 25.67 feet; Thence north 90 degrees 00 minutes 00 seconds east, a distance of 4.81 feet; Thence north 34 degrees 31 minutes 23 seconds east, a distance of 27.76 feet; Thence south 55 degrees 28 minutes 37 seconds east, a distance of 10.00 feet; Thence south 34 degrees 31 minutes 23 seconds west, a distance of 20.88 feet; Thence north 90 degrees 00 minutes 00 seconds east, a distance of 3.05 feet; Thence south 00 degrees 00 minutes 00 seconds west, a distance of 20.00 feet; Thence north 90 degrees 00 minutes 00 seconds east, a distance of 7.00 feet; Thence south 00 degrees 00 minutes 00 seconds west, a distance of 5.67 feet to the POINT OF BEGINNING: This lease area contains 796.23 square feet, more or less. PARKING AREA: A portion of land located in the Northeast Quarter of Section 29, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing from a found brass cap at the intersection of Shea Boulevard and Eagle Mountain Parkway, thence along the centerline of Eagle Mountain Parkway, a bearing of south 11 degrees 15 minutes 25 seconds east, a distance of 212.00 feet; thence south 78 degrees 44 minutes 35 seconds west, a distance of 56.00 feet to the POINT OF BEGINNING; Thence south 12 degrees 00 minutes 00 seconds east, a distance of 36.00 feet; Thence south 78 degrees 00 minutes 00 seconds west, a distance of 10.00 feet; Thence north 12 degrees 00 minutes 00 seconds west, a distance of 36.00 feet; Thence north 78 degrees 00 minutes 00 seconds east, a distance of 10.00 feet to the POINT OF BEGINNING: This lease area contains 360.00 square feet, more or less. UTILITY EASEMENT: Commencing from said, Point ‘A’; Thence south 41 degrees 39 minutes 15 seconds east, a distance of 25.83 feet; Thence south 18 degrees 51 minutes 18 seconds east, a distance of 52.83 feet; Thence north 16 degrees 56 minutes 52 seconds east, a distance of 35.00 feet to a, electric meter; Thence south 36 degrees 01 minutes 20 seconds east, a distance of 18.00 feet; Thence north 79 degrees 13 minutes 52 seconds east, a distance of 123.20 feet to a, electric manhole; Thence South 03 degrees 50 minutes 46 seconds east, a distance of 40.60 feet to a, communication manhole. EXHIBIT B SHEA BLVD E A G L E M T N P K W Y METER 52.83' S18°51'18"E 4.81' N00°00'00"W 25.67' SHEA BLVD - CENTER L I N E N90°00'00"W 27.00' S41°39'15"E 25.83' S89°34'01"W - 114.00' S00°00'00"W - 5.67' N90°00'00"E - 7.00' S00°00'00"W - 20.00' P.O.B. N1 6 ° 5 6 ' 5 2 " E 35 . 0 0 ' S03°50'46"E 40.60' S36°01'20"E-18.00' S 1 1 ° 1 5 ' 2 5 " E - 1 7 2 . 0 0 ' 27.76' N34°31'23"E N90°00'00"E 10.00' S55°28'37"E S34°31'23"W - 20.88' N90°00'00"E - 3.05' 20 0 ' R / W 68' R/W 42' R/W N79°13'52"E 123.20' BRASS CAP - POINT OF COMMENCMENT EQUIPMENT & ACCESS AREA (400.00 SF) TECH PARKING AREA (360.00 SF) 5' WIDE UTILITY EASEMENT COMM. M.H. 2 - 25' HIGH CACTUS, EQUIPMENT (243.23 SF) ENTRY ACCESS AREA (153.00 SF) ELEC. M.H. 40 . 0 0 ' S1 1 ° 1 5 ' 2 5 " E 21 2 . 0 0 ' S78°44'35" W 56.00' S12°00'00"E 36.00' S78°00'00"W 10.00' N78°00'00"E 10.00' P.O.B. N12°00'00"W 36.00' LEASE AREA PARKING AREA POINT A EQUIPMENT, ACCESS & PARKING LEASE AREA MAP UPDATED: 7-29-20 EXHIBIT B EQUIPMENT & ACCESS AREA, TECHPARKING AREA & UTILITY EASEMENT, TOTAL LEASE AREA = 1,156.23 SF EXHIBIT C SHEA BLVD E A G L E M T N P K W Y METER 52.83' S18°51'18"E 4.81' N00°00'00"W 25.67' SHEA BLVD - CENTE R L I N E N90°00'00"W 27.00' S41°39'15"E 25.83' S89°34'01"W - 114.00' S00°00'00"W - 5.67' N90°00'00"E - 7.00' S00°00'00"W - 20.00' P.O.B. N1 6 ° 5 6 ' 5 2 " E 35 . 0 0 ' S03°50'46"E 40.60' S36°01'20"E-18.00' S 1 1 ° 1 5 ' 2 5 " E - 1 7 2 . 0 0 ' 27.76' N34°31'23"E N90°00'00"E 10.00' S55°28'37"E S34°31'23"W - 20.88' N90°00'00"E - 3.05' 20 0 ' R / W 68' R/W 42' R/W N79°13'52"E 123.20' BRASS CAP - POINT OF COMMENCMENT EQUIPMENT & ACCESS AREA (400.00 SF) TECH PARKING AREA (360.00 SF) 5' WIDE UTILITY EASEMENT COMM. M.H. 2 - 25' HIGH CACTUS, EQUIPMENT (243.23 SF) ENTRY ACCESS AREA (153.00 SF) ELEC. M.H. 4 0 . 0 0 ' S 1 1 ° 1 5 ' 2 5 " E 2 1 2 . 0 0 ' S78°44'35" W 56.00' S12°00'00"E 36.00' S78°00'00"W 10.00' N78°00'00"E 10.00' P.O.B. N12°00'00"W 36.00' LEASE AREA PARKING AREA POINT A DEVELOPMENT SERVICES SITE PLAN All that is A r i z o n a F O U N T AIN HIL L S T OWN OF INC. 1989 AERIAL LEGEND MAP UPDATED: 7-29-20 EQUIPMENT & ACCESS AREA, TECHPARKING AREA & UTILITY EASEMENT, TOTAL LEASE AREA = 1,156.23 SF Site Name: Bellagio / Eagle Mtn Cactus Page 1 Business Unit #: 879340 WHEN RECORDED RETURN TO: Prepared by: Lake & Cobb, PLC 1095 W. Rio Salado Pkwy, Suite 206 Tempe, AZ 85281 Space above this line for Recorder’s Use Prior recorded document(s) in Maricopa County, Arizona: October 12, 2000 at #2000-0783665 MEMORANDUM OF FIRST AMENDMENT TO OPTION AND SITE LEASE AGREEMENT This Memorandum of First Amendment to Option and Site Lease Agreement is made effective this _____ day of ___________, 2020 by and between the Town of Fountain Hills, an Arizona municipal corporation (the “Town” or “Lessor”) and STC Five LLC, a Delaware limited liability company, by and through its attorney-in-fact Global Signal Acquisitions III LLC, a Delaware limited liability company (“Lessee”), as successor in interest to Sprint Spectrum, LP, a Delaware limited partnership (“Sprint”). 1. Town, as lessor, and Sprint, as lessee, entered into that certain Option and Site Lease Agreement dated August 28, 2000 (the “Agreement”), a memorandum of which was recorded on October 12, 2000 at Instrument No. 2000-0783665 in the official records of Maricopa County, Arizona, for Sprint’s use of the Town’s Property for the purpose of installing and operating the Communications Facility. The lease area is more particularly described on Exhibit A attached hereto. 2. STC Five LLC is currently the Lessee under the Agreement as successor-in-interest to Sprint. 3. The Agreement had an initial term that commenced on December 28, 2000 and expired on December 27, 2005. The Agreement provides for three (3) extensions of five (5) years each, all three (3) of which were exercised by Lessee (each a “Renewal Term”). According to the Agreement, the final extension expires on December 27, 2020. 4. Town and Lessee have entered into a First Amendment to Option and Site Lease Agreement (the “First Amendment”), of which this is a Memorandum, providing for three (3) additional Renewal Terms of five (5) years each. Pursuant to the First Amendment, the final Renewal Term expires on December 31, 2035. Site Name: Bellagio / Eagle Mtn Cactus Page 2 Business Unit #: 879340 5. The terms, covenants and provisions of the First Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Town and Lessee. 6. This Memorandum does not contain the social security number of any person. 7. A copy of the First Amendment is on file with Town and Lessee. [Execution Pages Follow] Site Name: Bellagio / Eagle Mtn Cactus Page 3 Business Unit #: 879340 IN WITNESS WHEREOF, hereunto and to duplicates hereof, Town and Lessee have caused this Memorandum to be duly executed on the day and year first written above. TOWN: THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation By: Print Name: Grady E. Miller Title: Town Manager ATTEST: By: Print Name: Elizabeth A. Burke Title: Town Clerk STATE OF ) )ss. COUNTY OF ) On this ____ day of 2020, before me, the subscriber, a Notary Public in and for said State and County, personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, known or identified to me to be the person whose name is subscribed to the foregoing Memorandum of First Amendment to Option and Site Lease Agreement, and in due form of law acknowledged that he/she is authorized on behalf of said company to execute all documents pertaining hereto and acknowledged to me that he/she executed the same as his/her voluntary act and deed on behalf of said company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal in said State and County on the day and year last above written. Notary Seal (Signature of Notary) My Commission Expires: Site Name: Bellagio / Eagle Mtn Cactus Page 4 Business Unit #: 879340 LESSEE: STC FIVE LLC, a Delaware limited liability company By: Global Signal Acquisitions III LLC, a Delaware limited liability company Its: Attorney In Fact By: Print Name: Title: STATE OF ) )ss. COUNTY OF ) On this ____ day of 2020, before me, the subscriber, a Notary Public in and for said State and County, personally appeared , the of GLOBAL SIGNAL ACQUISITIONS III LLC, known or identified to me to be the person whose name is subscribed to the foregoing Memorandum of First Amendment to Option and Site Lease Agreement, and in due form of law acknowledged that he/she is authorized on behalf of said company to execute all documents pertaining hereto and acknowledged to me that he/she executed the same as his/her voluntary act and deed on behalf of said company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal in said State and County on the day and year last above written. Notary Seal (Signature of Notary) My Commission Expires: EXHIBIT A Legal Descriptions LEASE AREA 1: A portion of land located in the Northwest Quarter of Section 29, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing from a found brass cap at the intersection of Shea Boulevard and Eagle Mountain Parkway, thence along the centerline of Eagle Mountain Parkway, a bearing of south 11 degrees 15 minutes 25 seconds east, a distance of 172.00 feet; thence south 89 degrees 34 minutes 01 seconds west, a distance of 114.00 feet to the POINT OF BEGINNING and a point hereinafter referred to as Point ‘A’; Thence north 90 degrees 00 minutes 00 seconds west, a distance of 27.00 feet; Thence north 00 degrees 00 minutes 00 seconds west, a distance of 25.67 feet; Thence north 90 degrees 00 minutes 00 seconds east, a distance of 4.81 feet; Thence north 34 degrees 31 minutes 23 seconds east, a distance of 27.76 feet; Thence south 55 degrees 28 minutes 37 seconds east, a distance of 10.00 feet; Thence south 34 degrees 31 minutes 23 seconds west, a distance of 20.88 feet; Thence north 90 degrees 00 minutes 00 seconds east, a distance of 3.05 feet; Thence south 00 degrees 00 minutes 00 seconds west, a distance of 20.00 feet; Thence north 90 degrees 00 minutes 00 seconds east, a distance of 7.00 feet; Thence south 00 degrees 00 minutes 00 seconds west, a distance of 5.67 feet to the POINT OF BEGINNING: This lease area contains 796.23 square feet, more or less. PARKING AREA: A portion of land located in the Northeast Quarter of Section 29, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing from a found brass cap at the intersection of Shea Boulevard and Eagle Mountain Parkway, thence along the centerline of Eagle Mountain Parkway, a bearing of south 11 degrees 15 minutes 25 seconds east, a distance of 212.00 feet; thence south 78 degrees 44 minutes 35 seconds west, a distance of 56.00 feet to the POINT OF BEGINNING; Thence south 12 degrees 00 minutes 00 seconds east, a distance of 36.00 feet; Thence south 78 degrees 00 minutes 00 seconds west, a distance of 10.00 feet; Thence north 12 degrees 00 minutes 00 seconds west, a distance of 36.00 feet; Thence north 78 degrees 00 minutes 00 seconds east, a distance of 10.00 feet to the POINT OF BEGINNING: This lease area contains 360.00 square feet, more or less. UTILITY EASEMENT: Commencing from said, Point ‘A’; Thence south 41 degrees 39 minutes 15 seconds east, a distance of 25.83 feet; Thence south 18 degrees 51 minutes 18 seconds east, a distance of 52.83 feet; Thence north 16 degrees 56 minutes 52 seconds east, a distance of 35.00 feet to a, electric meter; Thence south 36 degrees 01 minutes 20 seconds east, a distance of 18.00 feet; Thence north 79 degrees 13 minutes 52 seconds east, a distance of 123.20 feet to a, electric manhole; Thence South 03 degrees 50 minutes 46 seconds east, a distance of 40.60 feet to a, communication manhole. ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/01/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF Ordinance 20-27 amending Section 10-2-18, Penalties, of the Town Code to modify the current penalties for violations of Article 10-2 of the Town Code. Staff Summary (background) Staff has been performing a thorough review and updating of the penalty provisions in the Town Code.  While the primary purpose of this review has been to move more violations from criminal to civil to facilitate enforcement, other modifications and updates are being considered.  Staff is nearly complete with these comprehensive changes, but will need to review them with the Municipal Court staff and Judge Robert Melton before bringing them to the Town Council for review and possible action. On September 15, 2020, the Town Council reviewed and approved a text amendment addressing changes to the Town's property maintenance and landscaping requirements.  At the time the amendment was proposed, staff anticipated following up quickly with the overall amended penalty sections of the Town Code.  That overall update has been delayed as noted above.  In order for the changes to the property maintenance and landscaping provisions to be enforced as envisioned, the change to this penalty section is needed.  Therefore, staff is asking for Town Council consideration of this important and necessary change at this time. The proposed ordinance change is as follows:    Section 10-2-18    Penalties Any person, whether as principal, owner, agent, tenant, employee or otherwise who maintains a nuisance upon any property within the tTown, violates any provision of this article, or fails to comply with any provision of this article, UNLESS EXPRESSLY STATED OTHERWISE, shall be deemed guilty of a CIVIL INFRACTIONmisdemeanor and, upon conviction thereof, shall be punishable as provided in SECTIONArticle 1-8-3 of this code. The ISSUANCE OF A CITATION TOconviction of any person hereunder shall not relieve such person from the responsibility to correct such violation, nor prevent the enforcement, correction or removal thereof in any manner authorized by law. Every day that a nuisance is permitted to exist, or caused to continue to exist under this article MAYshall be deemed a separate violation.       There are two main changes being proposed.  The first one is to make the violation a civil rather than criminal penalty.  As staff works to enforce the landscape and maintenance provisions of the Town Code, the goal is compliance and a safe and attractive community.  Staff believes compliance can be better achieved through the use of a civil citation rather than having residents receiving criminal records due to these types of violations.  The other recommended change to this section of the Town Code is replacing the word "shall" with "may."  This change allows our Code Enforcement Officers greater flexibility in addressing individual situations rather than issuing separate violations. Related Ordinance, Policy or Guiding Principle Town Code Article 1-8 Penalty Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Ordinance 20-27. SUGGESTED MOTION MOVE to adopt Ordinance 20-27 Attachments Ord 20-27  Form Review Inbox Reviewed By Date Town Clerk Elizabeth A. Burke 11/16/2020 04:26 PM Development Services Director (Originator)John Wesley 11/16/2020 04:58 PM Town Attorney Aaron D. Arnson 11/16/2020 06:39 PM Town Manager Grady E. Miller 11/20/2020 05:04 AM Form Started By: John Wesley Started On: 10/29/2020 11:01 AM Final Approval Date: 11/20/2020  ORDINANCE NO. 20-27 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 10, HEALTH AND SANITATION, SECTION 10-2-18, PENALTIES, AMENDING THE PENALTIES FOR VIOLATIONS OF ARTICLE 10-2 RECITALS: WHEREAS, the Mayor and the Council of the Town of Fountain Hills (the “Town Council”) finds that the Town Code prescribes criminal penalties by default for violations of the Town Code; and, WHEREAS, the Town Council desires to amend Chapter 10 of the Town Code, Section 10-2-18, Penalties, to modify the penalties associated with violations of Article 10-2 of the Town Code. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals set forth above are hereby incorporated as if fully set forth herein. SECTION 2. Town Code Section 10-2-18 is hereby amended as follows: Section 10-2-18 Penalties Any person, whether as principal, owner, agent, tenant, employee or otherwise who maintains a nuisance upon any property within the tTown, violates any provision of this article, or fails to comply with any provision of this article, UNLESS EXPRESSLY STATED OTHERWISE, shall be deemed guilty of a CIVIL INFRACTIONmisdemeanor and, upon conviction thereof, shall be punishable as provided in SECTIONArticle 1-8-3 of this code. The ISSUANCE OF A CITATION TOconviction of any person hereunder shall not relieve such person from the responsibility to correct such violation, nor prevent the enforcement, correction or removal thereof in any manner authorized by law. Every day that a nuisance is permitted to exist, or caused to continue to exist under this article MAYshall be deemed a separate violation. SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. ORDINANCE 20-27 PAGE 2 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 1st day of December, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney ITEM 10. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/01/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF approving the 2021 Town Council Meeting Dates and Summer Break. Staff Summary (Background) This item has been placed on the agenda to provide an opportunity for the Town Council to discuss the Calendar Year 2021 meeting schedule and consider providing staff direction on the timeframe for the Town Council Summer Break. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to approve the Calendar Year 2021 Town Council meeting dates and recommended Summer Break. Attachments Proposed 2021 Schedule  Form Review Inbox Reviewed By Date Finance Director David Pock 11/04/2020 09:47 AM Town Attorney Aaron D. Arnson 11/09/2020 09:34 AM Town Manager Grady E. Miller 11/09/2020 09:42 AM Form Started By: Elizabeth A. Burke Started On: 11/03/2020 04:45 PM Final Approval Date: 11/09/2020  2021 TOWN COUNCIL MEETING SCHEDULE AND SUMMER BREAK MEETING DATE TYPE OF MEETING 01/05/2021 Regular Meeting 01/12/2021 Work Session (Tentative – If needed) 01/19/2021 Regular Meeting 02/02/2021 Regular Meeting 02/09/2021 Work Session (Tentative – If needed) 02/16/2021 Regular Meeting 02/23/2021 Council Retreat 03/02/2021 Regular Meeting 03/09/2021 Work Session (Tentative – If needed) 03/16/2021 Regular Meeting 03/23/2021 Special Session (CIP Projects) 04/06/2021 Regular Meeting 04/13/2021 Budget Workshop 04/20/2021 Regular Meeting 05/04/2021 Regular Meeting 05/11/2021 Work Session (Tentative – If needed) 05/18/2021 Regular Meeting 06/01/2021 Regular Meeting 06/08/2021 Work Session (Tentative – If needed) 06/15/2021 Regular Meeting 06/16-30/2021 Summer Break 07/06/2021 Regular Meeting – No Meeting Recommended 07/20/2021 Regular Meeting – No Meeting Recommended 08/03/2021 Regular Meeting – No Meeting Recommended 08/17/2021 Regular Meeting 09/07/2021 Regular Meeting 09/14/2021 Work Session (Tentative – If needed) 09/21/2021 Regular Meeting 10/05/2021 Regular Meeting 10/12/2021 Work Session (Tentative – If needed) 10/19/2021 Regular Meeting 11/02/2021 Regular Meeting 11/09/2021 Work Session (Tentative – If needed) 11/16/2021 Regular Meeting 12/07/2021 Regular Meeting 12/14/2021 Work Session (Tentative – If needed) 12/21/2021 Regular Meeting SUMMER BREAK ITEM 10. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/01/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF appointment of Councilmembers to Council Subcommittees in 2021-22 for purposes of interviewing and recommending residents to serve on Boards and Commissions. Staff Summary (Background) In December of 2018, Mayor Dickey made appointments to the Council Subcommittees for recommending board/commission members. There were two committees--A and B, with three members on each committee to interview applicants and make recommendations on three boards/commissions. At the end of the first year, the committees remain the same members, but will make recommendations on the other three boards/commissions. This allows all councilmembers to make recommendations on all boards/commissions throughout the two-year term. This item is to designate the members of Subcommittee A and B, as outlined on the attached listing. Related Ordinance, Policy or Guiding Principle Town Council Rules of Procedure Section 9.3 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the proposed listing provided by the Mayor. SUGGESTED MOTION MOVE to approve the Mayor's appointments to the Council Subcommittees A and B. Attachments Listing  Form Review Inbox Reviewed By Date Finance Director David Pock 11/18/2020 04:48 PM Town Attorney Aaron D. Arnson 11/19/2020 07:26 AM Town Manager Grady E. Miller 11/19/2020 10:36 AM Form Started By: Elizabeth A. Burke Started On: 11/17/2020 12:23 PM Final Approval Date: 11/19/2020  BOARD/COMMISSION SUBCOMMITTEE APPOINTMENTS Approved by Council on 12/01/2020 SUBCOMMITTEE A Councilmember Magazine, Councilmember Grzybowski, Councilmember Friedel Term 01/01/2021 thru 12/31/2021 Term 01/01/2022 thru 12/31/2022 Board of Adjustment** Community Services Advisory Commission* Sister Cities Advisory Commission** McDowell Mountain Preservation Commission** Municipal Property Corporation** Planning and Zoning Commission* Strategic Planning Advisory Commission* SUBCOMMITTEE B Councilmember Scharnow, Councilmember McMahon, Vice Mayor Spelich Term 01/01/2021 thru 12/31/2021 Term 01/01/2022 thru 12/31/2022 McDowell Mountain Preservation Commission** Board of Adjustment** Municipal Property Corporation** Community Services Advisory Commission* Planning and Zoning Commission* Sister Cities Advisory Commission** Strategic Planning Advisory Commission* Board Members/Commissioners Terms Expire: *April **October ITEM 10. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/01/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF assignments of Councilmembers to various outside organizations. Staff Summary (Background) This item has been placed on the agenda to provide an opportunity for open dialogue on the various outside organizations on which the Mayor and/or Councilmembers may serve and agree on such assignments. The attached listing indicates the various organizations with a brief description of each. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to approve the Council assignments to represent the Town of Fountain Hills with various regional organizations. Attachments Assignments  Form Review Inbox Reviewed By Date Finance Director David Pock 11/19/2020 10:14 AM Town Attorney Aaron D. Arnson 11/19/2020 02:08 PM Town Manager Grady E. Miller 11/19/2020 09:24 PM Form Started By: Elizabeth A. Burke Started On: 11/19/2020 09:04 AM Final Approval Date: 11/19/2020  Updated: 11232020 TOWN OF FOUNTAIN HILLS COUNCIL ASSIGNMENTS TO VARIOUS ORGANIZATIONS ORGANIZATION MEETINGS HELD ASSIGNED East Valley Partnership The East Valley Partnership is a coalition of civic, business, educational and political leaders from Apache Junction, Chandler, Florence, Fountain Hills, Gila River Indian Community, Gilbert, Mesa, Queen Creek, Salt River Pima- Maricopa Indian Community, Tempe and Pinal County dedicated to the economic development and promotion of the East Valley of Greater Phoenix, Arizona. They advocate in areas such as economic development, education, transportation and infrastructure, arts, behavioral health, and other important areas. https://phxeastvalley.com/about/history/ EVP – Board of Directors EVP – Advocacy & Government Relations Oversees legislative strategy and implementation, makes public policy recommendations, monitors legislative, and city government issues. EVP – Education/Business Promotes education initiatives, opportunities and successes throughout the region. EVP – Economic Development/Aviation & Aerospace Provides updates, special reports and drives regional strategies, including new business growth, business retention and workforce development initiatives. EVP - Transportation Drives planning and promotes region-wide programs on all forms of transportation, including street, freeways, rail and bus systems. 1st Thursday of month – 4:00 PM 3rd Tuesday of month – 10:30 AM 2nd Tuesday of month – 7:30 AM 4th Thursday of month – 8:00 AM 1st Wednesday of month - 7:30 AM Councilmember Peggy McMahon Councilmember Alan Magazine O P E N Councilmember Sharron Grzybowski Councilmember Sharron Grzybowski ORGANIZATION MEETINGS HELD ASSIGNED GPEC (Greater Phoenix Economic Council) Established in 1989, the Greater Phoenix Economic Council (GPEC) actively works to attract and grow quality businesses and advocate for the competitiveness of Greater Phoenix. As the regional economic development organization, GPEC works with 22 member communities, Maricopa County and more than 170 private investors to accomplish its mission, and serve as a strategic partner to companies across the world as they expand or relocate. Consistently ranked as a top national economic development organization, GPEC’s approach to connectivity extends beyond the fabric of the community. Known as The Connected Place, Greater Phoenix is in a relentless pursuit of innovative and entrepreneurial technology-focused companies that are committed to changing the game. As a result, over the past 31 years GPEC has fueled the regional economy by helping more than 850 companies, creating more than 154,000 jobs and $20.4 billion in capital investment. GPEC – Mayors/Supervisors GPEC – Board of Directors https://www.gpec.org/about-us/board-of-directors/ The Greater Phoenix Economic Council is led by a Board of Directors, all esteemed public and private leaders who guide the organization and work collaboratively to shape the region’s economy. As the region grows and diversifies, business and government leaders have joined to create long-term sustainability in the region. Last Thursday of month/quarterly 3rd Thursday of month/quarterly Mayor Ginny Dickey Councilmember Sharron Grzybowski Updated: 11232020 ORGANIZATION MEETINGS HELD ASSIGNED League of Arizona Cities and Towns The League, a voluntary membership organization of the incorporated municipalities in Arizona, exists to provide vital services and tools to all its members, focusing principally on representing the interests of cities and towns before the legislature, and secondarily on providing technical and legal assistance, coordinating shared services and producing high quality conference and educational events. League – Executive Committee http://www.azleague.org/86/Executive-Committee League – Policy Committees: http://www.azleague.org/96/Policy-Committee-Process-Municipal-Polic ▪ These five Committees provide an opportunity for city and town officials from across the state to provide expertise and direction on proposed policy issues that come to the League. ▪ The Policy Committee chairs are members of the Executive Committee and are selected by the President of the League. Municipal elected officials and staff may apply for a position on a Policy Committee. An individual city or town may have only one vote on each committee. Only elected officials are eligible to vote on the direction of a policy issue, though staff may participate in the discussion and offer expertise. ▪ After submitted policy ideas are discussed and vetted in the appropriate policy committee, they may become a League resolution, be referred for further study or they may have a non- legislative solution. ▪ The proposed issues that come before the Policy Committees are either drafted into a policy proposal or referred for other action. Those items that are recommended for policy action are presented to the Resolutions Committee during the League’s Annual Conference. ▪ The adopted resolutions form the basis of the Municipal Policy Statement which guides the League’s legislative efforts at the legislature ▪ The Policy Committees will meet in April, May and June. Meetings are open for anyone to attend; however, only one elected official from each city on that committee may vote. Budget, Finance and Economic Development General Administration, Human Resources and Elections Neighborhoods, Quality of Life and Sustainability Public Safety, Military Affairs and Courts Transportation, Infrastructure and Public Works Quarterly Policy committees usually meet during April, May and June to prepare items for the August Annual Conference each year. O P E N O P E N O P E N Councilmember Peggy McMahon Councilmember David Spelich Councilmember Mike Scharnow ORGANIZATION MEETINGS HELD ASSIGNED MAG (Maricopa Association of Governments) ▪ Provide a forum for discussion and study of regional problems of mutual interest to the governments in the region. ▪ Ensure, through cooperation and the pooling of common resources, maximum efficiency and economy in governmental operations, which will provide every citizen with the utmost value for every dollar. ▪ Identify and comprehensively plan for the solution of regional problems requiring multicity, town and county cooperation. ▪ Facilitate agreements among the governmental units for specific projects or other interrelated developmental actions or for the adoption of common policies with respect to problems that are common to its members. ▪ Attain the greatest degree of intergovernmental cooperation possible in order to prepare for future growth and development of the region Updated: 11232020 MAG – Regional Council https://www.azmag.gov/Committees/Policy-Committees/Regional- Council The Regional Council is the governing and policy-making body for the organization and is comprised of elected officials appointed by each MAG member agency. For most members, the city or town mayor serves as the Regional Council representative. The chairs of the Boards of Supervisors represent Maricopa and Pinal Counties on the Regional Council. The State Transportation Board members for Maricopa County represent the Arizona Department of Transportation (ADOT). The three Native American Communities are represented by their governor or president. MAG – Human Services and Community Initiatives https://www.azmag.gov/Committees/Policy-Committees/Human- Services-and-Community-Initiatives-Committee The Human Services and Community Initiatives Committee (HSCIC) is primarily focused on incubating solutions that strengthen the region. This is driven by the development of a Regional Human Services Action Agenda. These activities focus on three main areas of data, tools, and policy. Data are presented that illustrate the demand for human services throughout the region. Tools are offered to better understand these needs and opportunities. Policy is assessed to determine what changes are recommended to improve the state of human services in the region. The MAG Human Services Technical Committee provides support. Community partners are engaged to lend additional support and to participate in the development of the agenda and event. MAG – Domestic Violence Council https://www.azmag.gov/Committees/Policy-Committees/Regional- Domestic-Violence-Council The Regional Domestic Violence Council serves as the primary coordinating body for issues related to domestic violence and provides a forum for communication and coordinated action to effectively address, prevent, and eradicate domestic violence in the MAG region. The council is charged with working with the community in order to implement the recommendations in the MAG Regional Domestic Violence Plan. Members of the council are drawn from local elected officials, members of the Governor's Office Division for Women, business community, healthcare professionals, prosecutors, police officers, shelter and service providers, and private funders. Last Wednesday of month – 11:30 AM 3rd Thursday of month – 10:00 AM 1st Thursday of month – 2:00 PM Mayor Ginny Dickey O P E N Councilmember Gerry Friedel ORGANIZATION MEETINGS HELD ASSIGNED Valley Metro Valley Metro is the regional public transportation agency providing coordinated transit services to residents of metro Phoenix. From regional bus, light rail and paratransit service to alternative commuter solutions, Valley Metro’s core mission is to develop and operate a network of transit services. Valley Metro (RPTA) Board of Directors https://www.valleymetro.org/about/boards-directors The Valley Metro RPTA and Valley Metro Rail Boards of Directors help guide the agency by providing transportation leadership to best serve the region and their communities. Members are represented by an elected official who is appointed by their Mayor, Councilmembers or Board of Supervisors. 3rd Thursday of month – 11:15 AM Councilmember Mike Scharnow Mayor Ginny Dickey (alternate) ITEM 10. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/01/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Community Services Prepared by: Linda Ayres, Recreation Manager Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF approving the Fountain Hills Facility Reservation Guidelines. Staff Summary (Background) The Parks and Recreation Division offers facility rentals for ramadas, athletic fields, and sports courts. Over the years, the Town has seen an increase in demand from residents, leagues, and youth and adult organizations. The department has a general rental policy, but it doesn’t distinguish between user groups and residents, and the rental policies have been inconsistent for each amenity. The Facility Reservation Guidelines are created to provide consistency across all amenities and to be equitable for all residents and user groups. The staff benchmarked local agencies to develop best practices for establishing priority use of our amenities. Below is the recommended hierarchy for prioritizing usage:  The Fountain Hills Community Services Department has priority use of all facilities and recreation areas. Programs, approved events, and maintenance will be given precedence. 1. Organizations with formal agreements such as leagues (non-tournament) and groups requesting ongoing reservations as well as youth-serving organizations. 2. Non-tournament and league use includes sports organizations involving multiple ongoing reservations, sport-specific games, practices, clinics, camps, etc. Non-tournament and league groups that meet the 60% or higher residency criteria may qualify for formalized agreements and have priority over groups with less than 60% residency. Youth organizations that meet the following criteria will have priority use with those above, on a potentially reduced fee basis:  Youth Serving Agency is a 501c3 non-profit. Agency is governed by a local, unpaid volunteer board and unpaid staff. Participant members are made up of a majority of the Town of Fountain Hills residents. Agency participation is open to the public and not “by invitation only” or limited by any means other than the natural make-up of the league (i.e. no “cuts” and must have minimum participation/play rules in place). General public use. This includes one-time, non-ongoing reservations for both residents and non-residents. 3. Commercial/private organizations.4. In summary, the Facility Rental Guidelines provide a hierarchal structure for residents, groups, and organizations seeking field and court usage. The recommended changes will increase the hourly tennis reservation maximum from 1.5 hours per day to 2 hours per day and limit the maximum number of days from five days per week to three days per week. The maximum number of courts used by one organization in a day remains the same at three courts per day. Weekend use is not permitted for tennis non-tournament and league use but will be available for resident reservations and drop-in play. Organizations that qualify as a tennis league or non-tournament use will require a certificate of insurance or team waivers to align with the groups that use the athletic fields. The Facility Rental Guidelines were reviewed and approved by the Community Services Advisory Commission and supported by local user groups. Related Ordinance, Policy or Guiding Principle NA Risk Analysis The proposed guidelines will provide structure for user priority and indemnification for the Town. Recommendation(s) by Board(s) or Commission(s) The Facility Reservation Guidelines were approved by the Community Services Advisory Commission. Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the Facility Reservation Guidelines. Attachments G:\Rec - Policy and Procedures\Facility Rental Policy and Procedures  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 11/19/2020 08:57 AM Finance Director David Pock 11/19/2020 10:18 AM Town Attorney Aaron D. Arnson 11/19/2020 02:02 PM Town Manager Grady E. Miller 11/19/2020 09:58 PM Form Started By: Linda Ayres Started On: 11/17/2020 04:16 PM Final Approval Date: 11/19/2020  FOUNTAIN HILLS FACILITY RESERVATION Guideline TABLE OF CONTENTS Introduction ..................................................... 3 Prioritzed Use ................................................. 4 Permit Use ................................................... 5-7 Athletic Fields ................................................. 8 Ramada .......................................................... 9 Sport Courts ................................................. 10 Special Events ............................................. 11 Park Maps ............................................... 12-16 Park Rules .................................................... 17 Fountain Hills Facility Reservation Guideline 3 INTRODUCTION Welcome to the Town of Fountain Hills Community Services Department. The Town of Fountain Hills Community Services Department currently has five parks with various amenities including Ramada’s, athletic fields, sport courts, open space, Skate Park, playgrounds, splash pad, and an amphitheater. This facility reservation guideline serves as the procedures for our outdoor park amenity reservation process and priority usage. Whenever any person or group desires to reserve any portion of a Town facility for an activity, a permit shall be obtained from the Parks and Recreation Division by contacting us at 480-816-5100 or requesting a reservation online at www.fh.az.gov/recreation. Reservations can be made up to six months in advance and require a minimum 48 hour request. Reservable Amenities Non-Reservable Amenities Ramada Playgrounds Sport Courts Splash Pad Athletic Fields Skate Park Amphitheater Open Space Steps to Make a Reservation • Call 480-816-5100 Monday-Thursday between 7:00am-6:00pm to make a reservation or request a reservation at www.fh.az.gov/recreation • Payment is required when requesting a reservation. • Alcohol permits are permitted with Ramada reservations and are $10. • Vendors, bounce houses, and any equipment on Town property requires a certificate of insurance outlined on page six. Cancellations and Refunds • A full refund will be made if the Community Services Departments cancels the rental. • Cancellations require a minimum of 3 business days advance notice for a full refund. • Field Rentals: In case of inclement weather or poor field conditions, Town staff will make the final decision if the field may be used. • In the event of inclement weather or light failure, a credit can be issued to the household. Call 480-816-5100 within 24 hours following the reservation to receive the credit. • All changes to reservations need to be made at least 24 hours in advance. All changes to weekend reservations need to be made by the Thursday at 5:00pm prior to the reservation date. Fountain Hills Facility Reservation Guideline 4 PRIORITIZED USE The Fountain Hills Community Services Department has priority use of all facilities and recreation areas. When facilities are not in use for Parks and Recreation sponsored activities, they shall be available for permits in the following order: 1. Fountain Hills Programs, approved events, and maintenance. 2. Organizations with formal agreements and youth serving agencies. 3. General public use. 4. Commercial/private organizations. Local Youth Serving Agency Guideline Groups that meet the following criteria will have priority use with those above, on potential reduced fee basis: 1. Youth Serving Agency is a 501c3 non-profit. 2. Agency is governed by a local, unpaid volunteer board and unpaid staff. 3. Participant members are made up of a majority of Town of Fountain Hills residents. 4. Agency participation is open to the public and not “by invitation only” or limited by any means other than the natural make-up of the league (i.e. no “cuts” and must have minimum participation/play rules in place). When facilities are not in use by the Community Services Department, or the groups listed above, they will be made available to other Fountain Hills’ residents, groups, or organizations on a permit/fee basis. Formal Agreement Requirements Non-tournament and league groups that meet the following criteria may qualify for formalized agreements non-tournament and league definitions can be found on page 7. 1. Submit a certificate of insurance naming the Town of Fountain Hills as additional insured. Insurance requirements can be found online at https://www.fh.az.gov/695/Fountain-Hills-Parks or submit team waivers. 2. Submit participant rosters demonstrating a 60% residency participation rate. Fountain Hills Facility Reservation Guideline 5 PERMIT USE Whenever any person or group desires to reserve any portion of a Town facility for an activity, a permit shall be obtained from the Parks and Recreation Division by contacting us at 480-816-5100 or requesting a reservation online at www.fh.az.gov/recreation. Reservations can be made up to six months in advance and require a minimum 48 hour advance request. All reservations for Friday-Sunday must be secured with payment by 5:00pm on Thursday. The Community Services Director shall interpret this policy and may act in any case not specifically covered by the policy. General Use It is recommended that requests of this nature be initiated at least 48 hours in advance. All weekend requests must be secured with payment by 5:00pm on Thursday. (General use i.e. family picnics, birthdays, ball field practices, etc.) First-Come-First-Serve Use Casual use is defined as informal pick-up games, small picnic or gathering that does not require services or accommodations. This type of use is available on a first-come-first-serve basis when the facility is not already reserved and as long as the group size is 25 people or less. Individuals wishing to guarantee their space or have special services (i.e. bounce house, amplified music, facility prep needs, etc.) must make a reservation and pay the associated fees. Reservations are highly recommended to ensure exclusivity of the space and that scheduled maintenance does not occur during the reservation. Alcohol Permits Alcohol permits are $10 and is valid for a maximum of 50 consuming adults. The permit must be in conjunction with a Ramada reservation and must be secured at least 48 hours prior to the reservation. Alcohol permits for Friday-Sunday must be secured by 5:00pm on Thursday. Special Events This form is not intended for Special Event use. It is recommended that requests for Special Events at Town facilities be initiated at least 60 days in advance so that proper review and approvals may be obtained from all departments. Special event applications can be found at www.fh.az.gov/specialevents. Fountain Hills Facility Reservation Guideline 6 PERMIT USE Permits Requiring a Certificate of Insurance In addition to a permit, a certificate of insurance (COI) is required for the following: • Whenever an organized team uses all or a portion of any town recreation facility for a team practice or game. Each organized team shall obtain its own permit, even if sharing use of the same facility. For purposes of this section, an organized team means a team that belongs to a league or other organization that schedules games. • Whenever any person or group wants to reserve use for physical education, or recreation based classes, or obtain exclusive use of all or any portion of a town recreation facility. • Whenever any person or group wants to move any large equipment in a park, set up large inflatable structures, dunk tanks, tents, generators, climbing walls, amplified music equipment, portable restrooms, lights, or other equipment or structures in any town recreation facility. • Whenever any business or service using a facility as a location for the delivery of a program, service, or contest of any nature. This includes, but is not limited to, any person or entity providing exercise or fitness training, group or private lessons (ex. tennis, karate, etc.), and any type of dog training or competition. All permits shall be revocable for cause by the Community Services Director upon the finding of a violation of these policies, other Town ordinances, or state statutes. Insurance requirements can be found online https://www.fh.az.gov/695/Fountain-Hills-Parks Prohibited Use • Commercial activities • Sales promotions • Unintended Use of space (i.e., playing any sport other than tennis on the tennis courts). Fountain Hills Facility Reservation Guideline 7 PERMIT USE Tournament Use Applications are accepted up to one year in advance and reviewed for approval on a quarterly basis. For more information and details regarding tournament scheduling, please see https://www.fh.az.gov/692/Tournament-Inquiries Non-Tournament/League Use Applications are accepted six months in advance and are reviewed for prioritized use approval on a quarterly basis. All organizations and groups requesting priority usage require a formalized agreement with the Town of Fountain Hills. Groups with a 60% or higher residency have priority over groups with less than 60% residency. Non-tournament and league use includes sport organizations involving multiple on-going reservations, sport-specific games, practices, clinics, camps, etc. Reservations for Non-Tournament/League use are accepted on the following dates: • September 1 for reservations January-June • March 1 for reservations July-December Reservation requests submitted outside these dates may be considered based on availability. All non-tournament and league use requires a certificate of insurance or team waiver as outlined on page 6. All sports using sport courts non-tournament and league use with formal agreements are limited to two hours per day and three days per week. Weekend use is not permitted for tennis non-tournament and league use. Fountain Hills Facility Reservation Guideline 8 ATHLETIC FIELDS The Town of Fountain Hills athletic fields includes baseball, softball, and multi-use fields. • All ballfield rentals require a 48 hour advance reservation request. All reservation requests for Friday-Sunday and online requests must be completed by 5:00pm on Thursday. • All reservations requiring a special service such as: ball field preparation, equipment delivery, etc. must be reserved at least 48 hours in advance (i.e. if a reservation request is made on a Monday it is not available until Wednesday). The last day to request a special service is 5:00pm on the Thursday prior to a Saturday/Sunday/Monday. • Ball fields at Golden Eagle Park are locked and require a reservation. No drop-in play is available. Ballfields and multi-use fields at Four Peaks Park and Desert Vista Park are open as a first come, first serve basis. Organized groups using the fields on a regular basis require a permit. Athletic Rental Fees (or as listed in the current fee schedule) Two hour minimum is required Field Resident-$15/hour Non-resident-$22.50/hour Lights Resident-$10/hour Non-residents-$10/hour Field Prep (ballfields only) Resident $25/each Non-resident $25/each *Includes field dragging, water, line batter’s box, foul lines, and bases Ballfields Golden Eagle Park- 4 Four Peaks Park- 2 Multi-Fields Four Peaks Park – 1 Desert Vista Park – 3 Fountain Hills Facility Reservation Guideline 9 RAMADA The Town of Fountain Hills offer Ramada’s at our four parks. To ensure exclusivity, it is highly recommended that customers obtain a permit through the reservation process for the desired date and time. Ramada’s that are not booked are available on a first come, first serve basis. Rates listed below are hourly rates. All reservations require a two hour minimum and must include both set up and tear down in your reservation time. Desert Vista Park Size # of Tables Resident Non-resident Coyote Small 2 $10 $15 Javelina Medium 4 $15 $22.50 Fountain Park Size # of Tables Resident Non-resident Chuparosa Small 3 $10 $15 Golden Barrel Small 3 $10 $15 Kiwanis Small 3 $10 $15 Ironwood Small 3 $10 $15 Red Yucca Small 3 $10 $15 Four Peaks Park Size # of Tables Resident Non-resident Mesquite Small 4 $10 $15 Golden Eagle Park Size # of Tables Resident Non-resident Cottonwood Small 4 $10 $15.00 Ocotillo Medium 7 $15 $22.50 Saguaro Large 16 $20 $30 Fountain Hills Facility Reservation Guideline 10 SPORT COURTS The Town of Fountain Hills offers the following sport courts for reservation and on a first come, first serve basis. Sport courts can be reserved 48 hours in advance for a maximum of two hours per day, per resident. Residents can reserve 1 court at a time. Organizations with formal agreements may reserve up to 3 courts at a time and no more than 3 days per week. Commercial activity is not permitted on the sport courts. All activity and/or sports other than tennis are not permitted use on the tennis courts. Tennis • Golden Eagle Park- 4 • Four Peaks Park -2 Volleyball • Golden Eagle -2 Basketball • Four Peaks Park-1 • Golden Eagle Park -2 Fountain Hills Facility Reservation Guideline 11 SPECIAL EVENTS Special events such as festivals, contests, parades, demonstrations, carnivals, runs, etc. require a special event application. If you are planning an event, your special event application, with all fees, must be submitted no later than 60 days before your event. New or larger events or events will need additional time, so please plan accordingly. Answering a few simple questions may help you determine if you need to apply for a Special Event Permit. You can either follow the Special Event Flow Chart online or feel free to contact our event manager at 480-816-5170 who will be happy to assist you with evaluating the need for a permit. Fountain Hills Facility Reservation Guideline 12 PARK MAPS Desert Vista Map Fountain Hills Facility Reservation Guideline 13 PARK MAPS Fountain Park Map Fountain Hills Facility Reservation Guideline 14 PAK MAPS Four Peaks Park Map Fountain Hills Facility Reservation Guideline 15 PARK MAPS Golden Eagle Park Map Fountain Hills Facility Reservation Guideline 16 PARK MAPS Avenue of the Fountains Park Map Fountain Hills Facility Reservation Guideline 17 PARK RULES 1. Park hours are from 6:00 a.m. to 11:00 p.m. 2. Vehicles left at any park after 11:00 p.m. will be towed. 3. No alcoholic beverages without a permit. 4. No glass containers. 5. No pets without a leash that is hand held and pets must be on the leash, not to exceed six feet in length at all times. Owners must clean up after pets. 6. No golfing. 7. No unauthorized vehicles outside of parking areas. 8. No open fires or overnight camping. 9. No firearms or weapons, except as authorized by Arizona law. 10. Do not destroy plants, grass, trees or equipment. 11. No model aircraft or unmanned aircraft, except at Desert Vista Park in designated areas and only when the park is not in use by others. 12. No unauthorized vendors. 13. Specific facilities may be reserved by obtaining a permit from the Community Services Department. 14. Violators of the law and park rules will be prosecuted. 15. Swimming, fishing, and boating are prohibited at Fountain Park Lake. 16. Use of tobacco, electronic cigarettes, or vapor pens within parks is prohibited except in parking areas. (Ordinance No. 18-08) 17. All park patrons will abide by any additional park rules specific to each park. ITEM 10. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 12/01/2020 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION OF directing staff to implement the budgeted 2.5% Cost of Living Adjustment with the pay period beginning on January 4, 2021. Staff Summary (Background) The FY 2020-21 budget was adopted by the Town Council last June and included a 2.5% cost of living increase to salaries of employees.  During the budget presentation to the Town Council, the Town Manager recommending holding off on the implementation of the salary adjustments until after the Town Council had an opportunity to review revenue collections for the first quarter. The Town Council was provided the first quarter revenue update during the regular meeting held on October 19, 2020. Since overall revenues continue to exceed budgeted revenues, staff is recommending that the Town Council authorize proceeding with the cost of living increase effective the first full pay period in January. The fiscal impact of the increase will be $59,141 for the remainder of the fiscal year. It should also be noted that this will be the only salary increase received by employees as the town does not fund a merit-based salary program. Related Ordinance, Policy or Guiding Principle Fountain Hills Personnel Policies Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends the implementation of the Cost of Living Adjustment. SUGGESTED MOTION MOVE to direct staff to implement the 2.5% Cost of Living Adjustment starting with the pay period that begins on January 4, 2021. Fiscal Impact Fiscal Impact:$59,141 Budget Reference: Funding Source:Various If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Form Review Inbox Reviewed By Date Finance Director (Originator)David Pock 11/19/2020 05:30 AM Town Attorney Aaron D. Arnson 11/19/2020 07:27 AM Town Manager Grady E. Miller 11/19/2020 09:40 PM Form Started By: David Pock Started On: 11/10/2020 04:13 PM Final Approval Date: 11/19/2020