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HomeMy WebLinkAbout2022.0822.TCSM.Packet       NOTICE OF MEETING SPECIAL MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Gerry Friedel Councilmember Sharron Grzybowski Councilmember Alan Magazine Councilmember Peggy McMahon Councilmember Mike Scharnow Councilmember David Spelich    TIME:5:30 P.M. – SPECIAL MEETING WHEN:MONDAY, AUGUST 22, 2022 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. TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting  https://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting. These comments will be shared with the Town Council.              Town Council Regular Meeting of August 22, 2022 2   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.MOMENT OF SILENCE     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.A REPORT FROM STAFF REGARDING 5G AND SMALL CELL WIRELESS     5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     A.2022 Legislative Session Update: Presented by: Jack Lunsford     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.     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.     A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of June 21, 2022; Approval of the minutes for the Joint Meeting with the Fountain Hills School District Board of June 21, 2022.      B.CONSIDERATION AND POSSIBLE ACTION:  Resolution 2022-28 adopting the Community      Town Council Regular Meeting of August 22, 2022 3 B.CONSIDERATION AND POSSIBLE ACTION:  Resolution 2022-28 adopting the Community Services Code of Conduct.     C.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-34, abandoning the 20' Public Utility and Drainage Easement along the south side of 17039 E Nicklaus Drive (Application A22-000005)     D.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-35 approving the designation of Chief Fiscal Officer of the Town of Fountain Hills for FY23.     E.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-36 approving an Intergovernmental Agreement with the City of Glendale relating to the cooperative use of the Glendale hosted and developed Glendale Tax Application.     8.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-38 declaring and adopting the results of the Primary Election held on August 2, 2022.     B.CONSIDERATION AND POSSIBLE ACTION: A request for a Special Use Permit to allow up to five dwelling units in the C-C (Common Commercial) zoning district on an 8,000 square-foot lot located at the northwest corner of El Pueblo Boulevard and Ivory Drive ( Case #SUP22-000001)     C.CONSIDERATION AND POSSIBLE ACTION: A request to apply and take receipt of grant funding from the Arizona Office of Tourism.     D.CONSIDERATION AND POSSIBLE ACTION: Approval of Shade 'n Net Contract 2022.091.1 Amendment for park shade installation and repairs.     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.     10.ADJOURNMENT        Town Council Regular Meeting of August 22, 2022 4     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 ____________________, 2022. _____________________________________________  Linda G. Mendenhall, 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 August 22, 2022 5 ITEM 4. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 08/22/2022 Meeting Type: Town Council Special Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Request to Town Council Special Meeting (Agenda Language):  A REPORT FROM STAFF REGARDING 5G AND SMALL CELL WIRELESS Staff Summary (Background) A few Town Council meetings ago, the Mayor and Council heard from residents who were concerned about electromagnetic fields from 5G wireless signals and their impact on the health of humans.  The residents urged the Town Council to take action in order to stop the proliferation of these facilities in town and protect the health of our residents.  Based on the concerns of the residents, I requested Town Attorney Aaron Arnson to fully research 5G and the town’s ability to prevent wireless providers from installing and operating small cell wireless facilities in Fountain Hills.    Mr. Arnson's attached memorandum thoroughly addresses federal laws and regulations as well as state laws prohibiting municipalities from stopping 5G wireless providers from installing and operating small cell wireless facilities in Fountain Hills. Based on the Town Attorney's memorandum, it appears that the Town of Fountain Hills has very little ability to prohibit the 5G wireless facilities from being installed in our community. 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 N/A Attachments Local 5G Regulation Memo  Form Review Inbox Reviewed By Date Finance Director David Pock 08/15/2022 03:56 PM Town Attorney Linda Mendenhall 08/15/2022 04:12 PM Town Manager (Originator)Grady E. Miller 08/15/2022 06:11 PM Form Started By: Grady E. Miller Started On: 08/15/2022 03:00 PM Final Approval Date: 08/15/2022  To: Grady E. Miller, Town Manager Cc: Mayor & Town Council From: Aaron D. Arnson, Town Attorney Matt Schumio, Law Clerk Re: Regulation of the 5G Network and Small Cell Facilities Bottom Line Up Front: Federal and state law leave little for local municipalities to regulate in the 5G space. Federal law makes clear that a local municipality may not implement any regulation prohibiting the ability of a telecommunications provider to deploy small cell facilities (and therefore 5G). Subsequent federal rules have tightened the regulatory space. State law further restricts a local municipality’s ability to regulate the deployment of 5G networks, as it preempts any local regulation not related to public safety and certain other narrow exceptions. Under Town Ordinance 18-01, the Town regulates in this space to the extent legally possible. Background: In the past decade, demand for high-speed mobile connectivity has increased. This demand resulted in the development of the fifth generation of wireless services, known as “5G.” 5G technology aims to improve mobile network speed, decrease latency, and increase connectivity.1 Implementing 5G networks across the country requires telecommunications providers to adapt current infrastructure. In most cases, 5G is transmitted through a network of “small cell” devices the size of a backpack.2 To successfully build out the 5G network, providers need to install small cell devices on existing infrastructure or in public rights-of-way. This infrastructure 1 https://www.fcc.gov/5g-faqs 2 See § 10:13. Regulation of Small Cell Wireless Technology, Federal Land Use Law & Litigation § 10:13 (2021 ed.); Next Generation Local Zoning Authority, 5G Wireless Broadband 101, National Association of Counties. August 2019. Grady E. Miller Page 2 is often municipally owned. This presents questions on the scope of municipal regulation in the 5G area. This memo will address legal constraints on local regulation of 5G networks. Federal Law: Generally, there are four primary areas of law that limit a local municipalities ability to regulate 5G and small cell devices. Those are (1) the Telecommunications Act of 1996; (2) the Spectrum Act; (3) FCC regulatory actions; and (4) Arizona state law. Each will be addressed in turn. Telecommunications Act of 1996 The Telecommunications Act of 1996 (“TCA”) limits a municipality’s ability to regulate in the 5G space. Under the TCA, local municipalities cannot prohibit (or have the effect of prohibiting) the ability of any entity to provide any telecommunications service.3 A regulation is a prohibition if it materially inhibits a provider’s ability to fill a coverage gap; densify a network; introduce new services; or improve service capabilities.4 This provision provides significant protections for telecommunications providers against local regulations. It also preempts any local regulation that violates this mandate.5 Although the FCC’s preemption power is broad, the TCA still allows local municipalities to implement regulations in limited situations. Broadly speaking, a local municipality can still manage public rights-of-way.6 This probably permits regulations relating to preserving physical integrity of streets, traffic flow, and other systems utilizing rights of way.7 The TCA also preserves local zoning authority over the placement, construction, and modification of personal wireless services.8 However, this authority is narrow. In making regulations under this provision, municipalities cannot: (1)discriminate among providers of functionally equivalent services;9 (2)prohibit or have the effect of prohibiting the provision of personal wireless services;10 or (3)regulate based on the environmental effects of radio frequency emissions.11 In short, the TCA preempts any local regulation that inhibits the deployment of 5Gnetworks. However, local municipalities may have the ability to implement reasonable regulations the public right of way and zoning. 3 47 U.S.C. § 253(a). 4 FCC 18-133 (non-exhaustive). 5 47 U.S.C. § 253(d). 6 As explained below, however, the ability to regulate the public right is also limited by Arizona law. 7 See e.g., Coastal Communications Service, Inc. v. City of New York, 658 F.Supp.2d 425 (E.D. NY 2009). 8 47 U.S.C § 332(c)(7)(A). 9 47 U.S.C. § 332(c)(7)(B)(i)(I). 10 47 U.S.C. § 332(c)(7)(B)(i)(II). 11 47 U.S.C. § 332(c)(7)(B)(iv). Grady E. Miller Page 3 Spectrum Act Under the Spectrum Act, cities and towns are required to allow certain modifications to existing wireless towers or base stations if the modifications do not substantially change a facility’s physical dimensions.12 Typically, the installation of small wireless facilities do not substantially change the physical dimensions of an existing structure. Therefore, municipalities are required to allow these modifications in most cases. The FCC further clarified what modifications are “substantial” for the purposes of the Spectrum Act.13 Broadly, collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment does not substantially change the physical dimensions of a tower or base station.14 The FCC also established “shot clocks” for local approval of wireless equipment modifications under the under the Spectrum Act. These timelines are summarized below. •10 days to review a small wireless facility application for completeness and notify theapplicant of missing information to reset the shot clock to zero.15 •10 days to review a resubmission and notify the applicant of any missing information.16 •60 days to act on an application to collocate a small wireless facility on an existingstructure.17 •60 days to act on a request for a non-substantial modification, including modifications to macro towers.18 •90 days to act on an application for a small wireless facility using a new structure.19 •150 days to act on an application for a facility other than a small wireless facility using anew structure.20 FCC Regulatory Action The FCC is the regulatory agency tasked with enforcement of federal law in wireless communications. The agency does this partly through issuance of reports, orders, declaratory rulings, and interpretation of federal statute. The FCC has authority to interpret the TCA. This analysis discusses two FCC actions affecting local regulatory power over 5G networks. 12 47 U.S.C. § 1455(a). 13 FCC 14-153. See, also, 47 C.F.R. § 1.6100 (determining whether a modification request is a substantial change); FCC 20-75. 14 See 47 C.F.R. § 1.6100(b)(3)(i)-(iii); See also 47 C.F.R. § 1.6100(b)(7). 15 47 C.F.R. § 1.6003(d)(1). 16 47 C.F.R. § 1.6003(d)(3)(iii). 17 47 C.F.R. § 1.6003(c)(1)(i). 18 47 C.F.R. § 1.6100(c)(2). 19 47 C.F.R. § 1.6003(c)(1)(iii). 20 47 C.F.R. § 1.6003(c)(1)(iv). Grady E. Miller Page 4 1.Moratoria In August 2018, the FCC released a declaratory ruling prohibiting both express and de facto moratoria on communications services or facilities.21 The FCC defined “express moratoria” as “local statutes, regulations, or other written legal requirements that expressly, by their very terms, prevent or suspend the acceptance, processing, or approval of applications or permits necessary for deploying telecommunications services and/or facilities.22” De facto moratoria are “local actions that are not express moratoria, but that effectively halt or suspend the acceptance, processing, or approval of applications or permits for telecommunications services or facilities in a manner akin to an express moratorium.23” In effect, this prohibits municipalities from enacting regulations that prevent 5G deployment. 2.Small Wireless Facilities In September 2018, the FCC placed new limits on the ability of municipalities to regulatefacilities classified as “small wireless facilities.” 24 The FCC order: (1) established new shot clocks for small wireless facility proposals (noted above); (2) placed restrictions on fees that local governments can charge providers for small wireless facility installations; and (3) established criteria for determining the extent to which local municipalities can regulate small wireless facilities based on aesthetics. In regulating fees, the FCC limited the amount local governments could charge for the deployment of communications infrastructure. Generally, a municipality can only charge fees that are a reasonable approximation of costs, are objectively reasonable, and are no higher than the fees charged to similarly situated competitors in similar situations.25 If fees charged to service providers do not meet this criteria, the FCC will consider the fee structure an effective prohibition to offering services in violation of the TCA. In this Report and Order, the FCC also provided standards for a municipality’s ability to regulate aesthetics. Here, the FCC stated that aesthetics regulations will not be preempted if they are: (1) reasonable; (2) not more burdensome than those applied to other types of infrastructure development; and (3) objective and published in advance.26 Local municipalities immediately challenged this rule. The Ninth Circuit upheld this rule except for the requirement that aesthetic standards be objective.27 21 See FCC 18-111. 22 FCC 18-111 ¶ 145. 23 FCC 18-111 ¶ 149. 24 FCC 18-133. C.F.R § 1.1312(e)(2)(defining “small wireless facilities”) 25 33 F.C.C.R. 9088. 26 33 F.C.C.R. 9088 at 9132. ¶ 86. 27 City of Portland v. United States, 969 F.3d 1020, 1042-43 (9th Cir. 2020). Grady E. Miller Page 5 State Regulation Arizona significantly limits the ability of local municipalities to regulate 5G through small cell facilities. In general, local municipalities cannot prohibit, regulate, or charge for the collocation of small wireless facilities. 28 29 30 This language is and imposes an obligation on cities and towns to work with wireless service providers to deploy small cell facilities. Applications Under Arizona law, municipalities can require applications for new or modified small wireless facilities,31 but they must accept applications and issue permits to collocate small wireless facilities unless an exception applies.32 Further, municipalities must process applications in a non-discriminatory way.33 If they deny an application, they must explain their reasons for rejection.34 After denial, the wireless service provider can still cure any deficiency within 30 days.35 Municipalities must approve applications unless “the application does not meet the applicable codes, local code provisions or regulations that concern public safety, objective design standards for decorative utility poles or reasonable stealth and concealment requirements, or public safety and reasonable spacing requirements concerning the location of ground-mounted equipment in a right-of-way.” Fees and Terms Arizona law permits municipalities to charge a rate or fee to a wireless service provider for the use of a right of way.36 However, they can only make this charge if the municipality similarly charges others for the use of the right of way.37 Additionally, rates charged are limited to the actual cost of managing the right of way and a competitively neural cost in comparison to others. Lastly, municipalities can only charge maximum of $50 dollars annually per small wireless facility placed within the jurisdiction.38 28 A.R.S. § 9-593(B). 29 Under Arizona law, “collocation” means to install, mount, maintain, modify, operate, or replace wireless facilities on, within or adjacent to a wireless support structure or utility pole. See A.R.S. § 9-591(8). 30 Under Arizona law, wireless providers have authority to (1) collocate small wireless facilities; and (2) construct, install, modify, mount, maintain, operate and replace utility poles that are associated with the collocation of small wireless facilities along, across, on and under the right of way. A.R.S. § 9-592(H)(1)-(2). 31 A.R.S. § 9-592(K). 32 A.R.S. § 9-593(F)(1). 33 A.R.S. § 9-593(F)(3). 34 A.R.S. § 9-593(F)(5). 35 A.R.S. § 9-593(F)(5). 36 A.R.S. § 9-592(C). 37 A.R.S. § 9-592(C). 38 A.R.S. § 9-592(C)(1)-(2). Grady E. Miller Page 6 Municipalities must also establish rates, fees, and terms for installation of a wireless facility and make them public.39 Municipalities can still negotiate with providers in good faith.40 Arizona law also requires that any terms of an agreement between a municipality and a wireless service provider must not be unreasonable or discriminatory. However, municipalities can provide terms that include requirements applicable to other users of the right of way and also may require that the provider’s operation of the small wireless facility does not interfere with public safety communications.41 Areas of Potentially Acceptable of Local Regulation As mentioned, local municipalities must approve applications of wireless service providers unless the application does not meet the (1) applicable codes; (2) local code provisions or regulations that concern public safety; (3) objective design standards for decorative utility poles or reasonable stealth and concealment requirements; or (4) reasonable spacing requirement concerning the location of ground mounted equipment in a right of way.42 Since municipalities are not required to approve applications that implicate the items listed above, they can probably regulate in these fields. Furthermore, municipalities retain some authority to issue regulations as it relates to zoning.43 Despite this, small wireless facilities are not subject to zoning review and approval if certain criteria are met.44 Shot Clocks Like the FCC, the State also imposes shot clocks on the approval of small wireless facility applications. Here, the town must determine and notify the applicant whether the application is complete within 20 days.45 The application is deemed complete if that deadline is missed.46 Further, the town must approve or deny the application within 75 days, or else the application is deemed approved.47 It is important to consider both state and federal shot clocks upon receipt of an application. Town Action on 5G Regulation In February 2018, Fountain Hills adopted Ordinance 18-01 (“Ordinance”). The Mayor and Council passed the Ordinance to facilitate the development and installation of small wireless facilities in the Town, as required by state and federal law. It aims to increase network capacity and promote the general welfare of the residents of Fountain Hills. Specifically, it contains 39 A.R.S. § 9-592(E) 40 A.R.S. § 9-592(F). 41 A.R.S. § 9-592(F)(1)-(3). 42 See A.R.S. § 9-593(F)(4). 43 See, e.g., A.R.S. § 9-594. 44 A.R.S. §§ 9-592(I), 9-592(J). 45 A.R.S. § 9-593(F)(2), 46 Id.47 A.R.S. § 9-593(F)(3). Grady E. Miller Page 7 provisions related to small wireless facilities in the public right of way48 and contains provisions related to the fees and rates the Town can charge service providers.49 Under the provisions relating to the public right of way, wireless service providers cannot collocate, install, modify, or replace a small cell facility on the public right of way unless certain requirements are met, such as attending pre-application conferences. Other requirements are aimed at ensuring the installation or modification of small wireless facilities are safe, strategic, and look aesthetically pleasing.50 The Ordinance also authorizes the Town to collect appropriate fees for the use of the public right of way and establishes rates for continued use.51 If you have any questions, please feel free to contact me. 48 Fountain Hills Town Code 16-2-3. 49 Fountain Hills Town Code 16-2-4. 50 See Fountain Hills Town Code 16-2-3(A)-(H). 51 Fountain Hills Town Code 16-2-4. ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 08/22/2022 Meeting Type: Town Council Special Meeting Agenda Type: Public Appearances/Presentations                   Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Request to Town Council Special Meeting (Agenda Language):  2022 Legislative Session Update: Presented by: Jack Lunsford Staff Summary (Background) For the past three years, the Town of Fountain Hills has contracted with Jack Lunsford to provide government relations services to the organization. This includes lobbying activities, legislative analyses, advising the town on policy matters as well as representing the Town's policy positions with state and federal legislators, members of Congress, Governor's Office, and key administrators.   During the 2022 legislative session, Lunsford assisted the town with legislative analysis and lobbying activities. This included contacting legislators regarding proposed bills, attending committee meetings, and testifying on bills.  He also prepared the 2022 Legislative Policy Agenda.   During the Town Council meeting on August 22, 2022, Jack Lunsford will present the highlights from the 2022 session of the Arizona Legislature. This will include the most significant bills and their impact on the Town of Fountain Hills and other municipalities.  In addition to Mr. Lunsford's report to Council, attached are summaries of passed bills from the League of Arizona Cities and Towns and the Council adopted 2022 Legislative Agenda. Related Ordinance, Policy or Guiding Principle 2022 Legislative Policy Agenda. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A N/A SUGGESTED MOTION No Motion Is Necessary as This Is a Presentation Only. Attachments Lunsford Report  League Summary of New Laws  2022 Legislative Agenda  Form Review Inbox Reviewed By Date Finance Director Linda Mendenhall 08/10/2022 03:21 PM Town Manager Grady E. Miller 08/15/2022 02:34 PM Finance Director David Pock 08/15/2022 04:00 PM Town Attorney Linda Mendenhall 08/15/2022 05:05 PM Town Manager Grady E. Miller 08/15/2022 06:08 PM Form Started By: Linda Mendenhall Started On: 08/10/2022 03:06 PM Final Approval Date: 08/15/2022  1 tLg The Lunsford Group Business│Government│Public Affairs│Nonprofit Legislative Update Presented to the Town Manager and Council Town of Fountain Hills July 26, 2022 The Lunsford Group (tLg)has been asked to provide a brief, focused Legislative Report prior to the Town’s Regular August Council meeting in advance of the League of Arizona Cities and Towns Annual Conference later in August. Following the League Conference, The Lunsford Group is slated to present to Council at a September meeting tLg’s Annual Legislative Report where Council may ask questions and/or get clarifications on that which they’ve learned from this Report, the League’s 2022 New Laws Report, and discussions at the League’s Annual Conference. This Report then will focus on and highlight the following:  HB2685, the bill authorizing a vote to extend Prop 400, and the Governor’s subsequent veto;  HB2275, relating to condo terminations;  SB1168, allowing municipalities to additionally regulate short-term rentals;  HB2674; Municipal zoning; by-right housing  SB1116, which if passed would have prohibited municipalities from levying a residential lease tax (even if it had been approved by voters)  HB2858, which includes a capital appropriation for Dark Sky Discovery Center  Various Appropriations bills providing for the FY23 State Budget; state expenditure limit? HB2685, (a Town Legislative Priority) SUPPORT - The bill authorized Maricopa County to call an election for November 2002 to modify the transportation plan and extend for 25 years the current ½ cent transaction privilege tax authorized in Prop 400. MAG & the coalition of business/public sector lobbyists [of which The Lunsford Group was a member and fully engaged] were working diligently to secure a required, super majority vote but, after much discussion/negotiation/lobbying, it became evident that securing a 2/3 majority in each chamber was not an option. Instead an amendment was agreed to amending the bill to authorize the County to call for a vote in March 2023 (or other regular election dates). To secure the necessary votes, House Leadership delayed bringing the bill to the floor. Eventually, HB2685 passed the Senate 19-9-2 and the House passed it 37-21-2 and the bill was forwarded to the Governor on 6/24. Governor Ducey vetoed HB2685 on 7/6 explaining, among other things, that the bill’s proposed transportation plan wasn’t transparent enough; that extending the tax from 20-25 years amounted to “a tax increase and should not be perceived as a continuation”; and that the proposed ballot language was “biased”. 2 Where is the extension of Prop 400 today as a result of the Governor’s veto? 1. MAG & the coalition of business/public sector lobbyists, as well as the MAG Intergovs Group, collectively and individually, are beginning to evaluate options for the 2023 legislative session. 2. A Special Joint Meeting of the MAG Regional Council & the Transportation Policy Committee has been scheduled for Wednesday, July 25th to gather member perspectives and discuss possible recommendations for next steps going forward. NOTE: The Lunsford Group (tLg) will continue its committed engagement in proponent coalitions, stakeholder groups, and League discussions to secure the opportunity to extend Prop 400 as soon as possible. HB2275, condominium termination; unit owners; percentage Currently, “except in the case of taking all units by eminent domain, a condominium may be terminated only by an agreement of at least 80% of the unit owners in the association.” (Arizona House Summary, 06/29/22) Throughout the legislative session, House Commerce Chairman Jeff Weninger attempted to amend statute to require a condominium termination agreement that required a vote of 100% of the unit owners. He could not secure the votes for that change. Eventually, through negotiations, he was able to secure the 100% amendment language, but only prospectively, meaning that standard applies to NEW condominiums completed/built after the bill’s 9/24/22 effective date.. In reports, however, Rep. Weninger has expressed hope that other legislators will amend statute in the near future to have the 100% termination standard apply to all condominiums. NOTE: The Lunsford Group does expect such an effort in the 2023. SB1168; Short Term Rentals (STRs) – (a Town Legislative Priority) SUPPORT/or OPPOSE – Depending on outcome of negotiations. Led by the AZ League of Cities, negotiations between the STR industry and the primarily affected municipalities (such as the Town of Fountain Hills) continued until the very end of session. Eventually SB1168 passed the Senate, 26-0-4, and the House, 44-5-11, and was signed by the Governor. SB1168 provides municipalities with new and/or additional permitting, licensing, and regulatory authority over short-term rentals. The changes are numerous and significant, and for Town Councilmembers and staff who wish to review them thoroughly prior to the League’s Annual Conference of The Lunsford Group’s Council presentation, they are summarized in this link to the Senate Fact Sheet https://www.azleg.gov/legtext/55leg/2R/summary/S.1168COM_ASPASSEDHOUSE.pdf HB2674; Municipal zoning; by-right housing OPPOSE; NOW: housing supply study committee (Signed by Governor 4/25; now Ch 185) SUPPORT As introduced, HB2674 would have “Establishe[d] laws governing residential zoning districts, housing design standards and building codes”, and it appropriate[d] $89,000,000 in FY 2023 to the Housing Trust Fund for low-incoming housing needs. The bill was strongly opposed by municipalities, realtors, etc. 3 Eventually the bill was amended to create an 11-member, legislative/private sector study committee that is: 1) charged with reviewing data on the scope of housing supply and access; 2) compiling an overview of ways to address Arizona's housing shortage and to mitigate its causes; and 3) soliciting ideas and opinions of industry and subject matter experts and the community on additional recommendations. A report of the study committee’s findings is due on or before December 31, 2022. UPDATE: The Study Committee has had its initial meeting and meets again today, 7/26. The Lunsford Group will be actively monitoring the Committee’s deliberations. SB1116; tax credit; foster care organizations; NOW: municipal tax exemption; residential lease OPPOSE As amended to SB1116, “Prohibits municipalities from levying municipal tax on the business of renting or leasing real property for residential purposes.” (Arizona House Summary, 06/23/22) Residential rental is defined as the rental of real property for a period of 30 or more consecutive days for residential purposes only. The elimination of the municipal tax on rental properties was a priority this legislative session for House Ways & Means Chairwoman Shawn Bolick and, after it wasn’t moving through the process, she eventually got it amended on to SB1116 as a strike-everything amendment. Led by the Az League of Cities, the 71 cities/towns that levy a rental tax coalesced to defeat SB1116 in the Senate, 15-11-4 (prohibiting a potential revenue loss to Fountain Hills of $XXXXXXX). HB2858, capital outlay appropriations for FY23. Contained in the bill is a $2.5 million appropriation to the Department of Administration “for a nonprofit organization that is designated as an international dark sky discovery center and that is focused on dark sky preservation in Arizona”. Originally there was no such appropriation for the Dark Sky Discovery Center (IDSDC) in Fountain Hills however, when Sen. Wendy Rogers sought a $19.6 million appropriation for Lowell Observatory in her SB1029 (reduced to $5 million in HB2858), Rep. John Kavanagh was able to secure these additional funds for the IDSDC. Various Appropriations - There are nearly a dozen appropriations bills that provide funding for the FY23 State Budget. Most significantly and monumentally---except for an occasional minority party defector over the years---this is the first bipartisan state budget passed in approximately three decades. Such a compromise between the majority and minority parties was necessitated due to budget vote impasses in both the Senate & House brought on by a group of budget recalcitrants who unofficially became known as ‘the NO Caucus’, and it became apparent to Legislative Leadership that adopting the state budget by the June 30th deadline would require compromise. As for state expenditure limit concerns Councilmembers may be aware of, these relate to the constitutionally-mandated expenditure limitation for K-12 education. Just as was the case at the beginning of the 2022 legislative session, where the amount appropriated for education in 2021 couldn’t be fully expended in FY22 without the Legislature (temporarily) raising the constitutional cap, the same is now true with this year’s K-12 education appropriation for FY23. Thus, the Legislature will once again have to raise the expenditure cap, even temporarily, although a permanent fix is very likely necessary. 4 Such action may occur in a legislative special session (not likely until after the November election), but most likely the Legislature will do so early in the 2023 legislative session. If no action is taken by the Legislature, or it’s done too late in the FY23 fiscal year, school districts will again be faced with reducing budgets and cutting expenses because they don’t have the expenditure authority. Respectfully submitted for The Lunsford Group, Jack W. Lunsford, President 166BY THE NUMBERS DAYS IN SESSION 28%1747Total measuresintroduced: of bills impactlocal governments BILLS VETOED:44550+League staff tracked about: Adjourned sine die on June 25th BILLS Bills passed:392 Bills signed by the Governor:388388 1 Part One: Courts, Civil and Criminal Justice, and Law Enforcement 2 Part Two:Campaigns, Elections and Recordkeeping 7 Part Three:Taxes, Budget, and Finance 10 Part Four:General Government 13 Part Five:Transportation and Traffic Enforcement 18 Part Six:Labor, Employment, Retirement and Benefits 20 INTRODUCTION The 2022 New Laws Report of the League of Arizona Cities and Towns is designed to guide those enactments of the second regular session of the 55th Arizona Legislature that have demonstrable impacts on municipalities. During the last regular session, 1,747 bills were introduced in the House and Senate. Of these, 392 passed the Legislature and were sent to the governor, and 388 were signed into law. 28% of these enactments affect cities and towns and are summarized in the Report. Scope and Use This Report is intended only to identify and briefly summarize those new laws with significant impacts on Arizona mu- nicipalities. It does not describe every new provision or law in detail, but it provides a hyperlink to the information and the chaptered version of the law. For a fuller understanding of new laws, readers are encouraged to review the exact language of the new laws and their relevant legislative histories. Effective Dates Unless otherwise noted in this Report, the effective date of the new laws described in the Report is September 24, 2022. This date – 90 days after the legislative session’s conclusion – is the general effective date for all enactments that are passed without an emergency clause or alternative effective date. This Report identifies effective dates that vary from this general effective date. Where appropriate, it also includes other statutory dates, such as repeal dates, implementation dates, and deadlines. Disclaimers This Report, published as a service to League members, does not necessarily identify every law impacting mu- nicipalities. It is neither designed nor intended to provide legal advice or counsel. It should be relied upon only as a reference tool and not as a comprehensive guidance document. While this Report may highlight action items that cities and towns should consider, it does not substitute the independent judgments of your city or town manager, council, or attorney. 2 Part One: Courts, Civil and Criminal Justice, and Law Enforcement HB 2106 unlawful disclosure; images; definitions (Chapter 65) Makes technical and conforming changes to the definitions of specific sexual activities and state of nudity. HB 2159 law enforcement officers; polygraph; examinations (Chapter 175) Prohibits employers from administering a polygraph exam to law enforcement officers as part of administrative investigations and makes conforming changes. Allows the hearing officer, ad- ministrative law judge, or appeals board to consider violations of the administrative investigation procedures as mitigation in determining discipline. Requires employers to issue a notice of findings to an officer who is exonerated through the course of an investigation implicating multiple officers. Following the issuance of this notice of findings, the employer can continue to prohibit the officer from sharing information about the inves- tigation with others except with the officer’s attorney, spouse, representative, or medical provider. Under certain conditions, an employer must order a psychological or behavioral examination as part of the Fitness for Duty (FFD) exam. States that an employer is not required to give a 10-day notice before a psy- chological FFD exam if the officer is a danger to himself or others. Allows a representative of the spouse to observe the FFD exam if the professional conducting the exam agrees. Allows the professional to consider pre-employment physical, behavioral, and mental evaluation records when reporting on the FFD exam. Requires an employer to provide the officer with the final report of the mandated FFD exam within five business days. HB 2251 lasers; peace officers; aircraft; penalty (Chapter 260) Increases penalties for intentionally, knowingly, or recklessly aiming a laser pointer at a peace officer or occupied aircraft. Removes the assault classification for acts that render a pilot unable to safely operate the aircraft or cause serious injury to anyone on board the aircraft. Changes the definition of a laser pointer to mean any device that emits an intense beam of light amplified by stimulated emission of electromagnetic radiation. HB 2253 threshold amount; fentanyl (Chapter 371) Establishes the statutory drug threshold amount for fentanyl or fentanyl mimetic substances at nine grams. HB 2254 officers bill of rights; preemption (Chapter 88) Specifies that the Peace Officer Bill of Rights (POBR) are the minimum rights of peace officers and that employers may only supplement or enhance these rights by agreement or otherwise. HB 2309 detained juveniles; advisements; notification (Chapter 375) Requires a peace officer to advise juveniles in temporary custody of their Miranda rights in a language that is un- derstandable to them. Requires the officer also to make a good faith effort to notify the juvenile’s parents, guardian, or custodian (or the Department of Child Safety if the juvenile is a ward of the state) about the juvenile’s custody and Miranda rights as soon as practicable, unless doing so would pose a risk to the juvenile. HB 2319 law enforcement activity; recording prohibition (Chapter 376) Prohibits a person from knowingly making a video recording of a law enforcement activity within eight feet of the activity if: (a) the person knows or reasonably should know where the law enforcement activity is occurring, and (b) the person receives a verbal warning from an officer that video recording within eight feet is prohibited and continues to make a video recording. Classifies a violation as a class 3 misdemeanor. Allows a person who is the subject of police contact or police stop to record the encounter so long as it does not interfere with lawful police actions. Allows a person, if a law enforcement activity occurs in an enclosed structure on private property, to record the law enforcement activity from within eight feet in an adjacent room or area unless an officer determines that: (2) the person is interfering with the activity, or (b) it is not safe to be in the area and the officer orders the person to leave the area. Defines law enforcement activity as questioning a suspicious person, conducting an arrest, issuing a summons, enforcing the law, or handling an emotionally disturbed or disorderly person exhibiting abnormal behavior. HB 2330 department of public safety; continuation (Chapter 83) Continues the Department of Public Safety for eight years. HB 2340 disciplinary appeals; final disposition reporting (Chapter 139) Requires an administrative law judge, hearing officer, or presiding authority, after an officer receives a final disposition of an appeal of disciplinary action, to provide the final disposition report and any amended findings to the law enforcement agency that initiated or imposed the discipline. The law enforcement agency must include the final disposition report in its investigation record. If the law enforcement agency provided 3 a prosecuting agency with information obtained during the investigation of an officer for their Rule 15.1 database, the measure requires the law enforcement agency to forward the final disposition report to the prosecuting agency. HB 2343 crime scene investigation interference; offense (Chapter 262) Stipulates that an individual commits interfering with a crime scene investigation if the person knowingly disobeys an officer’s reasonable verbal order to remain off the premises of a possible crime scene or otherwise interferes with a crime scene investi- gation. Classifies a violation as a class 2 misdemeanor. Defines crime scene as an area where a crime has possibly occurred, and an onsite peace officer has determined that it is necessary to restrict the public’s access to the area to identify and preserve potential evidence, identify victims and suspects, and request necessary emergency medical care and ambulance transportation. Specifies that persons may peaceably observe police proceedings so long as they do not interfere or obstruct a crime scene investigation. HB 2344 military affairs commission; continuation (Chapter 67) Retroactively continues the Military Affairs Commission for eight years through July 1, 2030. Continues a purpose clause indicating the Legislature continues the Commission to monitor military issues in the state, including matters affecting military installations. HB 2347 law enforcement; misconduct investigations; extensions (Chapter 378) Allows an employer to continue investigating police misconduct beyond the 180-calendar-day period if the employer demonstrates that a one-time extension (up to 180 days, or 360 days if the employer is subject to supervision by a court-ordered monitor) is necessary to obtain and review the evidence and the employer provides the employee with a written explanation of the reasons for such an extension. The 180- calendar-day limit does not preclude an employer from initiating a new investigation upon newly discovered material evidence that could not be discovered with reasonable diligence during the 180-day limit or any extension. Requires dismissal of the disciplinary matter if the employer fails to make a good faith effort to complete the investigation within 180 calendar days or any extension. HB 2349 peace officer standards board; membership (Chapter 153) Current law outlines the makeup of the Arizona Peace Officer Standards and Training Board (AZPOST Board) and specifically requires two certified law enforcement officers with experience in representing officers in disciplinary cases to serve on the Board. The current statute also requires that one of these officers have the rank of an officer and the other to have the rank of deputy. HB 2349 removes this latter requirement and prohibits these two certified officers from being in a supervisory capacity or from the same law enforcement agency. Retains the membership of all members serving on the Board until the expiration of their regular terms. HB 2583 DUI; data collection; study committee (Chapter 206) Establishes the Driving Under the Influence Data Collection Study Committee (Committee). Charges the Committee with gathering information and providing recommendations regarding DUI-related data collection processes among various law enforcement agencies, crime labs, courts, and prosecuting agencies. Outlines the makeup of the Committee to include various members of law enforcement agencies in the state, including the president of the Arizona Association of Chiefs of Police or their designee. HB 2652 used catalytic converters; sales; acquisitions (Chapter 225) Subject to exceptions, the bill makes it unlawful for a person to solicit, advertise, or possess a used catalytic converter or any nonferrous part of a catalytic converter. Requires purchasers of used catalytic converters or the nonferrous parts of a catalytic converter to submit electronic sale records to the Department of Public Safety. Requires scrap metal dealers to retain a used catalytic converter or the nonferrous parts of a catalytic converter in its original form for at least seven days after the purchase date. Directs scrap metal dealers to retain records about the factory markings or owner-applied numbers on catalytic converters. Allows law enforcement to inspect a scrap metal dealer seven days after notice of a violation, rather than fifteen days. Allows law enforcement to reinspect without a minimum waiting period under certain circumstances. Increases the civil penalties for a second violation of A.R.S. 13-3728 by a scrap metal dealer to $2,000 and subsequent offenses to at least $2,000 more than the previous violation. Defines catalytic converter in the same manner as A.R.S. 44-1642.01. Effective Date: May 9, 2022 HB 2673 vehicle operation; licenses; points (Chapter 383) For certain violations, it allows the Arizona Department of Trans- portation to assess points against a person’s driving record for only one offense when multiple violations result from the same action or course of conduct (the number of points for the violation with the highest number of points). Specifies an aggravated DUI offense may only be alleged as a historical prior felony conviction if the current offense is also an aggravated DUI offense. Modifies requirements for the expungement of notes of suspension or revocation from ADOT records. Removes 4 the prohibition against the state from dismissing a DUI violation charge. Effective date: January 1, 2023. HB 2695 forfeiture; substitute assets; post deprivation hearing (Chapter 131) After a person is convicted for an offense in which asset forfeiture applies, the bill allows a court to order the forfeiture of any substitute assets as outlined under the current statute. If the person claims the property is the only reasonable means to pay for legal representation, the bill specifies that a court is not required to grant a motion to release seized property if it finds sufficient evidence that a victim has filed a claim to the seized property. Further, the bill clarifies that nothing in A.R.S. 13-4309 prevents the state from returning property to its owner or filing a racketeering or restitution lien. HB 2696 mandatory sentences; children; trafficking; smuggling (Chapter 197) Establishes mandatory sentences for adults (or a person tried as an adult) convicted of an initial or subsequent dangerous crimes against children (DCAC) in the first degree involving continuous sexual abuse of a child. Specifies that a person is not eligible for suspension of sentence, probation, pardon, or release from confinement until the imposed sentence has been served or commuted for outlined offenses related to human smuggling. Specifies that an entity commits participating in a human smuggling organization or operation by knowingly assisting in the transportation of a person to either conceal the person from a peace officer or assist the person in fleeing from a peace officer who is lawfully attempting to arrest or detain the person. Specifies that a person commits participating in a human smuggling organization or operation if the person, among other offenses, intentionally or knowingly, rather than only inten- tionally, organizes, manages, directs, supervises, coordinates, facilitates, leads, assists, participates in, or finances a human smuggling organization or operation that furthers the criminal objectives of the human smuggling organization or operation. Stipulates that only a person convicted of an initial or subsequent DCAC involving unlawful age misrepresentation (instead of persons convicted of a DCAC involving luring a minor for sexual exploitation, sexual extortion, or unlawful age misrepresentation) is eligible for early release based on the earned release credit program. HB 2721 law enforcement officers; AZPOST (Chapter 386) The current statute requires that members of government committees or boards that investigate officer misconduct consist of at least two-thirds AZPOST certified law enforcement officers. HB 2721 instead requires that two-thirds of all members, employees, or seats of any government committee, board, agency, department, or office investigating officer misconduct be AZPOST certified officers. Clarifies that members, staff, employees, or seats do not include support or administrative staff or staff that only reviews the actions of the remainder of the government committee, board, or agency. These voting and membership requirements do not apply to a person or entity that only reviews officer misconduct and does not determine the initial level of discipline. HB 2721 requires a majority vote of the investigating government committee, board, agency, department, or office if their findings or recommenda- tions do any of the following: (1) investigate law enforcement officer misconduct; (2) influence the conduct of or certify law enforcement officer misconduct investigations; (3) recommend disciplinary actions for law enforcement officer misconduct; or impose discipline for law enforcement officer misconduct. Exempts entities that investigate federal employment dis- crimination AZPOST Board. Exempts multijurisdictional law enforcement agencies and task forces that are charged with investigating the use of force by officers if at least two-thirds of the membership are AZPOST certified. Provides that setting and maintaining standards of professionalism and integrity of law enforcement officers in this state are of statewide concern. Effective date: retroactive to January 1, 2021. HB 2722 strategic actions; public participation (Chapter 267) Authorizes any person (other than a state actor or intervenor) to file a motion to quash a lawsuit that involves a person’s lawful exercise of certain constitutional rights. Sets a deadline to file the motion to quash. Requires the moving person to prove the lawsuit was substantially motivated by a desire to deter, retaliate against, or prevent the lawful exercise of a constitutional right. Stipulates that a response to a motion to quash is not required unless the court orders a party to respond after an evidentiary hearing and finding that the moving party met its burden of proof. Requires the court to grant the motion to quash if certain conditions are met. The bill addresses discovery requirements. It also provides that a court’s denial of a motion to quash and its findings in support of the denial are not admissible at any later stage of the case or in any subsequent action. Specifies that an order granting or denying a motion is appealable. Defines state actor to include a city or town and its officers, employees, and agents acting in their official capacities. HB 2860 criminal justice; 2022-2023 (Chapter 311) Requires, effective July 1, 2026, the Department of Public Safety (DPS) to establish the Major Incident Division (MID). Charges the Division with conducting independent investiga- tions of critical force incidents. Outlines requirements for inves- tigators including having successfully completed investigative courses approved by AZPOST. The division must, on the written request of the chief of police, investigate a criminal allegation 5 against a peace officer employed by the agency. Directs law enforcement agencies to require either the Major Incident Division, a regional law enforcement task force, or another law enforcement agency to perform the criminal investigation of any critical force incidents in the state. Critical force incident is defined to mean any discharge of a firearm by an officer, due to a use of force encounter, regardless of whether it results in the injury or death of an individual. The term also includes an incident involving an officer’s intended use of deadly force or other use of force that results in death or serious bodily injury of another person while acting under the color of authority. The general appropriations act (HB 2862) includes a $10 million ap- propriation to DPS specifically for the MID. Effective: July 1, 2026 SB 1001 extortion; social media messages (Chapter 254) Revises the definition of theft by extortion to include a threat to expose a secret or asserted fact in a social media message or any other manner unless the threat is based on a plausible claim of right to the property or services obtained or sought to be obtained. SB 1114 court-ordered treatment; case records; confi- dentiality (Chapter 299) Stipulates that case records and case information regarding court-ordered evaluations and treatment related to mental disorders are not available for public access or inspection. Allows a court to authorize the release of such information for good cause and directs the Supreme Court to adopt rules governing access to case records. Modifies requirements for petitions for court-ordered treatment to include if the person subject to the petition has a guardian and a statement identifying the guardian. Clarifies that the superior court in the county where the patient resides has concurrent jurisdiction with the court that issued the court order to enforce or make changes to the court order for treatment. SB 1166 public employers; union contracts (Chapter 111) Prohibits public employers from spending public monies for union activities and from entering an employment contract with a public employee to engage in union activities. Defines union activities as political activities performed by a union that involves advocating for the election or defeat of a candidate or attempting to influence legislation, local ordinances, or ballot measures. Exempts law enforcement officers and paid firefighters from the definition of public employee. SB 1210 mentally ill; transportation; evaluation; treatment (Chapter 250) Permits a court, a person or evaluation agency to authorize apprehending and transporting a proposed patient to an evaluation agency or mental health agency by an authorized transporter and defined authorized transporter. Creates a study committee on Alternative Behavioral Health Transportation and outlines the membership and duties of the study committee. SB 1273 two-wheeled motorcycle operation (Chapter 42) Allows the driver of a two-wheeled motorcycle to filter between lanes at traffic stops to prevent collision from behind, under certain conditions. Specifies this practice is only allowed on streets divided with at least two adjacent traffic lanes in the same direction, the speed limit does not exceed 45 mph, and the operator is traveling at speed less than 15 mph. SB 1275 fireworks; use; overnight hours; prohibition (Chapter 18) Allows local governments to place restrictions on the use of fireworks on all days for overnight hours (between 11 PM and 8 AM), with exceptions for the Fourth of July and New Year’s Day. For the Fourth of July and New Year’s Day, municipalities may restrict the use of fireworks between 1 AM and 8 AM. SB 1469 controlled substances monitoring; search warrants (Chapter 284) Requires law enforcement agencies to provide a valid search warrant to access the State Board of Pharmacy’s Controlled Substances Prescription Monitoring Program. Removes the requirement that the State Board of Pharmacy provide evidence of a physician’s unprofessional conduct to a law enforcement agency and maintains the condition the board notifies the appropriate licensing board. SB 1602 central state repository; offenses (Chapter 163) Allows the Department of Public Safety (DPS) to procure, and requires criminal justice agencies to provide, criminal history records and related criminal justice information for violations not outlined under the current statute. Directs DPS to procure information from all criminal justice agencies in the state related to precluding offenses for licensure or certification as a private investigator, private security guard, a standard fingerprint clearance card, and a Level 1 fingerprint clearance card. SB 1633 harassment; aggravated harassment; offense (Chapter 291) Modifies the crime of harassment to prohibit any person from knowingly and repeatedly committing an act that harasses another person or knowingly committing the following in a manner that harasses: contacting another person; following 6 another person in a public place after being asked by that person to desist; making a false report about another person to law enforcement, credit or social service agency; or interfering with the delivery of any public or regulated utility to another person. Provides that the crime of harassment does not apply to: 1) a professional investigator or peace officer who is licensed by this state and who is acting within the scope of the investigator’s or officer’s duties in connection with any criminal or civil investigation; or 2) a certified and duly authorized process server who is acting within the scope of the process server’s duties in connection with any judicial or administrative action or proceeding. Modifies the definition of “harass” to include conduct directed at another person that causes humiliation or mental distress. Changes the definition of aggravated harassment to include, among other things, a person who commits the crime of harassment while violating any criminal-related injunction issued by the Arizona courts. States a person who commits aggravated harassment by violating a court’s criminal-related injunction is guilty of a class 6 felony. Specifies a person that commits a second or subsequent act of aggravated assault is guilty of a class 5 felony. 7 Part Two: Campaigns, Elections, and Recordkeeping SB 1008 elections; recount margin (Chapter 230) With exceptions, the bill requires a recount of the vote in a primary or general election when the canvass shows that the margin between the two candidates receiving the greatest number of votes for a particular office or between the number of votes cast for and against initiative or referendum measures, is less than or equal to one-half of one percent of the number of votes cast for both such candidates or on such measures or proposals. SB 1170 G&F; tags; permits; voter registration (Chapter 276) Part of the FY 2022 Budget Procedures Budget Reconcili- ation Bill (BRB) authorized the Game and Fish Department (Department) to assist individuals who are applying for a hunting or fishing license with voter registration. Specifically, it directed the Secretary of State to provide the Department with voter registration forms and instructions to applicants to mail completed forms to the Secretary of State. The Secretary of State would then forward completed voter registration forms to the appropriate county recorder (Laws 2021, Chapter 405, § 4). The Supreme Court of Arizona struck down the FY 2022 Budget Procedures BRB for violating the Constitution of Arizona’s title requirement (Arizona School Boards Association, Inc. et al. v. State of Arizona). SB 1170 repeals the statute on voter registration assistance that was struck down by the Arizona Supreme Court. SB 1170 requires the Department to aid with voter registration when accepting license applications by providing a link to the Department of Transportation’s voter registration webpage or a voter registration form. SB 1170 directs the Secretary of State to provide the Department with voter registration forms and instructions to applicants to mail completed forms to the Secretary of State. SB 1170 instructs the Secretary of State to forward completed voter registration forms to the appropriate county recorder. SB 1170 specifies that public information derived from this voter registration information must not indicate the source of the registration information. SB 1170 clarifies that Department representatives who aid with voter registration are not deputy registrars. SB 1260 registrations; early voting; move notice (Chapter 270) Requires a county recorder to cancel a voter’s registration and remove a person from the Active Early Voters List (AEVL) if the county recorder receives credible information that a voter has registered to vote in a different county and the other county confirms this information to be true. Directs a person who receives an early ballot in error to write not at this address on the envelope and place it in the mail. Maintains that, upon receipt of this early ballot, the county recorder must proceed in the manner required by statute relating to contacting the voter at the voter’s new residence address. Provides that a person who knowingly provides a mechanism for voting to another person who is registered in another state (including by forwarding an early ballot addressed to another person) is a class 5 felony. SB 1329 early ballots; tabulating (Chapter 232) If practicable, the bill directs county recorders or other officers in charge of elections to count the number of early ballots that are returned at the voting location on election day and to post on its website the total tallies with the unofficial results. On the day following the election, the county recorder or officer in charge of elections must enter the county’s ballot tracking system, if one exists, the early ballots that were returned at the voting location on election day. SB 1355 campaign finance report; due date (Chapter 196) For a calendar quarter without an election, the bill requires political parties and political action committees to file campaign finance reports by the third Monday in the month after the calendar quarter, rather than the 15th day after the calendar quarter. SB 1362 early ballot on-site tabulation (Chapter 271) Permits every county recorder or other officer in charge of elections to provide for on-site tabulation of voted early ballots and sets out the parameters under which a county recorder or other officer in charge may process and tabulate voted early ballots. Sets out the process to be used if a qualified elector appears at a voting center or polling place that allows for the on-site tabulation of early ballots and does not present a valid form of identification as prescribed in A.R.S. 16-579. SB 1382 municipal employee assistance; notice (Chapter 114) Current law (A.R.S. 9-495) requires that any written communication from a city or town related to a matter requiring payment of a tax, fine, or penalty or associated with the denial of a permit application include the name and contact information of an employee authorized to provide information on the communication. SB 1382 requires cities and towns to add a notice that describes the requirements of A.R.S. 9-495 on all applications for permits, licenses, and other “authorizations” issued by the city or town. 8 SB 1411 early ballots; tracking system (Chapter 358) Directs county recorders and other officers in charge of elections in counties that use early ballots to provide voter access to a tracking system on the county’s website. Requires the early ballot tracking system to indicate whether the voter’s ballot has been received, verified, sent to tabulating or rejected. Appropriates $250,000 to the Secretary of State for enhancements to the Arizona voter information database to provide for early ballot tracking. SB 1460 election law amendments (Chapter 277) For local elections that are not held concurrently with a general election, the bill expands the time for calling from no later than 150 days to no later than 180 days before the election date. If a call for an election is published and there is no newspaper of general circulation in the election district, it requires the call of election to be posted on a public website and other locations where the governing body customarily posts its public notices. Modifies redistricting requirements and provides that precincts adopted by October 1 of the year before the year of a general election become effective no later than January 2 of the year of the next general election. Makes changes to the Address Confidentiality Program, such as amending the definition of an eligible person under the Program to include a public official. A public official is defined as a person who is duly elected or appointed to Congress, the legislature, or a statewide office (the definition does not specifically include local elected officials). SB 1477 voter registration; felonies; clerk; database (Chapter 251) Requires the clerk of the superior court to transmit to the secretary of state (SOS) monthly reports of every felony conviction in the county for the preceding month. Directs the SOS to use this information to cancel the names of convicted felons from the statewide voter registration database and notify county recorders. Upon notice, the county recorder must cancel a convicted felon’s voter registration. SB 1638 early ballots; visually impaired voters (Chapter 174) Requires all elections that are called under the laws of this state, including local elections, to provide an accessible vote-by-mail (early voting) option to individuals who are blind or visually impaired (accessible is defined under existing law in 16-442.01(B)). Directs the Secretary of State to ensure that every city and town with a population of 20,000 or more is providing an accessible vote-by-mail option to individuals who are blind or visually impaired if the city or town uses a voting system that was purchased or upgraded after January 1, 2006. Delays the effective date of HB 2492 (Laws 2022, Chapter 99) from the general effective date to January 1, 2023. HB 2236 voter registration; request required (Chapter 259) Unless otherwise provided by law, the bill prohibits political subdivisions (and persons acting on behalf of the political subdivisions) from registering a person to vote if they did not affirmatively request it. HB 2243 voter registration; state residency; cancellation (Chapter 370) Requires a voter registration form to contain a statement that if a registrant permanently moves to another state after registering in Arizona, the voter registration will be cancelled. Directs the county recorder to cancel a voter registration under specific circumstances. HB 2237 same day voter registration; prohibition (Chapter 252) Prohibits political subdivisions (and persons acting on behalf of the political subdivisions) from registering persons to vote on an election day. Provides that a person who violates this restriction is guilty of a class 6 felony. HB 2492 voter registration; verification; citizenship (Chapter 99) Specifies that to be qualified to register to vote a resident must provide satisfactory evidence of U.S. citizenship as prescribed in statute. • Instructs the county recorder or other officer in charge of elections to use all available resources to verify the citizenship status of the applicant within 10 days of receiving an application for registration on a form from the U.S. Election Assistance Commission. • Details the procedures to follow if the county recorder or other officer in charge of elections is unable to confirm U.S. citizenship. • Directs the county recorder or other officer in charge of elections to record the efforts made to verify an applicant’s citizenship status. • States that the county recorder or other officer in charge of elections must send a notice to the applicant if the application for registration is incomplete or lacks satisfactory evidence of citizenship. • Prescribes a class 6 felony if the county recorder or other officer in charge of elections knowingly causes the applicant to be registered and it is later determined that the applicant was not a U.S. citizen at the time of registration. • Imposes obligations on the Secretary of State and Attorney General regarding registered voters who did 9 not provide satisfactory evidence of U.S. citizenship. • Requires the county recorder to cancel a voter registration when it receives and confirms that the person registered is not a U.S. citizen. Instructs a person registering to vote to provide an identifying document that establishes proof of location of residence (except people who register as temporarily absent from the state). • Maintains that any identifying documents outlined in statute constitute satisfactory proof of location of residence but do not satisfy residency requirements in statute, only confirmation of the address on the applicant’s application at the time of registration. • States that a valid and unexpired Arizona driver license or nonoperating identification number that is properly verified by the county recorder satisfies the proof of location of residence requirements. HB 2587 public records; point of contact (Chapter 142) Requires a public entity subject to public records law to post on its website the name, telephone number, and email address of the employee or department that is authorized and able to provide the requested information (or forward the request to an applicable employee or department). Directs the authorized employee or department to reply to the request within five business days to acknowledge receipt of the request unless the public entity maintains a centralized online portal that provides a receipt when a records request is made through the portal. HB 2703 secure online signature collection (Chapter 266) Directs the Secretary of State (SOS) to continue operating a secure internet portal and related systems that are fully functional and available, as applicable, for online signature collection, as applicable, for candidates for federal, statewide, legislative, city, town or county offices and the office of precinct committeeman. Authorizes the SOS to temporarily close a system or portal for updates to the online signature collection portal or system so long as the SOS provides an estimate to the candidates of how long the system or portal will be unavailable. HB 2839 candidate nominations; signatures; redistricting (Chapter 3) Modifies the number of signatures required for nomination petitions for the 2022 election cycle for cities that use wards, precincts, or districts for elections. For these cities, if new boundaries for election precincts are adopted after January 2 of the year of a general election and before the last date for filing of nomination petitions for the district or precinct, the basis for determining the required number of nomination petition signatures is the number of qualified signers in the elective district or precinct on the effective date of the new district or precinct. Imposes obligations on filing officers regarding accepting valid filings by candidates seeking local offices at a 2022 election immediately following redistricting. Effective Date: March 3, 2022 HCR 2015 initiatives; supermajority vote; requirement (Transmitted to the SOS) Subject to voter approval. Constitutionally requires 60% of voters at a statewide election, rather than a majority of voters, to approve an initiative or referendum that approves a tax. Prohibits the Legislature from repealing, amending, superseding, or diverting funds created by an initiative or referendum that approves a tax and that is approved by 60% of votes cast in an election rather than a majority votes cast in an election unless constitutionally required conditions are met. SCR 1012 voter identification; affidavit; procedure (Transmitted to the SOS) Subject to voter approval. Among other things, modifies statutes relating to voter identification for both early voters and in-person voters. Cites this Act as the Arizonans for Voter ID Act. States that Act applies to “elections beginning not later than the 2024 primary election.” 10 Part Three: Taxes, Budget, and Finance SB 1067 cities; water infrastructure finance authority (Chapter 133) Outlines the requirements and exceptions for municipalities to enter financial assistance loan repayment agreements with the Water Infrastructure Finance Authority (WIFA). Allows, for fiscal years 2023 through 2027, all cities and towns to enter financial assistance loan repayment agreements with WIFA without submitting the question to the voters, provided the agreement is financed with federal Infrastructure Investment and Jobs Act monies. Restricts WIFA from providing funds to a municipality for the purpose of condemning or acquiring through eminent domain the assets of a public service corporation regulated by the Arizona Corporation Commission (ACC) unless the public service corporation provides a written statement certifying it is a willing seller and consents to the provision of funding. Restricts WIFA from refinancing any loan, bond, or other financing arrangement for the purpose of condemning or acquiring through eminent domain the assets of a public service corporation regulated by the ACC unless the public service corporation provides a written statement certifying it is a willing seller and consents to the provision of funding. SB 1093 property tax; class one; equalization assistance (Chapter 171) Establishes the state equalization assistance property tax rates (SETRs) from TY 2022 to TY 2027. Lowers the class one property assessment ratio to 15.5% in TY 2026 then 15% in TY 2027 and thereafter. SB 1372 TPT; exemptions; motor vehicles; nonresidents (Chapter 43) Establishes a municipal sales tax exemption for nonresidents of the state that purchase vehicles, trailers, or semitrailers that have a gross weight of more than 10,000 pounds, are used or maintained to transport property for interstate commerce, and otherwise meets the definition of a commercial motor vehicle. SB 1579 tax corrections act of 2022 (Chapter 235) Corrects errors and obsolete language, addresses blending problems, and provides clarifying changes to the tax statutes. Includes a taxpayer’s Arizona small business tax return in the tax information the Department of Revenue (DOR) may disclose to a designee upon the taxpayer’s written authorization. Allows confidential information to be shared with the Department of Agriculture to confirm compliance with licensing requirements. Repeals specific income tax credits. Contains retroactivity clauses. SB 1636 use tax; service vehicles; inventory (Chapter 229) Under current law, the state levies a general use tax of 5% on service vehicles (such as a “courtesy” or “loaner” vehicle) that are removed from a dealer’s inventory and used in its business operations. When a service vehicle is returned to the dealer’s inventory within one-year, the general use tax is prorated and applied to the vehicle’s value monthly. SB 1636 exempts general use tax on a service vehicle if it is continuously available for sale. HB 2406 water quality fee fund (Chapter 204) Repeals the specific uses for Water Quality Fee Fund monies and instead requires these monies to be used for various water quality regulatory programs and ADEQ’s oversight of: sanitary engineering facilities and projects; subdivision water supplies, sewage disposal and garbage collection; efforts to prevent pollution in public or semi-public swimming pools or bathing places; and sewage management and reclamation. Exempts fund monies from being used for the Brownfields Cleanup Revolving Loan Fund Program and the Water Quality Assurance Revolving Fund. Makes changes to ADEQ’s authority to set fees. Repeals provisions limiting ADEQ to one-time increases in fees for the Arizona Pollutant Discharge Elimination System Program and Aquifer Protection Permit Program to allow ADEQ to set fees for these programs. HB 2556 water infrastructure finance; sunset repeal (Chapter 68) Retroactively repeals the termination date for the Water Infra- structure Finance Authority. HB 2822 personal property; additional depreciation (Chapter 103) Subject to exceptions, sets the valuation factor at 2.5% for specific personal property that is acquired and initially classified as Class 1, Class 2, and Class 6 during or after TY 2022. HB 2857 state budget implementation; 2022-2023 (Chapter 308) Among other provisions, establishes the Major Events Fund within the Arizona Commerce Authority (ACA) for special event promotion and attraction. The Fund consists of legislative ap- propriations and private donations. Outlines allowable uses of Fund monies, including for economic development activities associated with major event operations and for grants to local organizing committees for the operating costs of major events. Includes reporting requirements for the ACA. The general ap- propriations act (HB 2862) includes a $7.5 million deposit to the Fund. Requires, as session law, any unrestricted monies 11 received by the state beginning July 1, 2022, through June 30, 2023, to be deposited in the state’s general fund to pay essential government services. HB 2858 capital outlay; appropriations; 2022-2023 (Chapter 309) The capital outlay budget reconciliation bill appropriates the following for targeted transportation projects of interest to cities and towns: • $400 million from the State Highway Fund to the Department of Transportation (ADOT) to widen I-10 between Chandler and Casa Grande. • $600,000 from the State Aviation Fund to ADOT to distribute to the Prescott Regional Airport for the Strategic Flight Education Complex with a requirement of matching fund commitments. • $27.1 million to the State Aviation Fund to plan, construct, develop and improve state, county, city, or town airports as determined by the State Transportation Board. • $371 million in transportation projects related to specific highway improvements, including: o $64.2 million to construct additional lanes on I-10 between SR 85 and Citrus Road o $20 million for improvements to Jackrabbit Trail between Thomas Rd and McDowell Rd o $200,000 allocated for study for emergency evacuation bridge in Lake Havasu City o $9.5 million for screen wall along Loop 101 between 51st Ave and 59th Ave o $15 million to acquire right-of-way to extend State Route 24 o $1.5 million to construct a roundabout at the intersection of SR 69 and SR 169 o $10 million for improvements on SR 97 near Bagdad o $5 million for study and design traffic interchange on SR 74 at Lake Pleasant Parkway o $3 million for Ruby Road Bridge improvements o $100,000 to assess the intersection of SR 79 and Hunt Highway o $100,000 to assess the intersection of SR 87 and Skousen Road o $3 million design traffic interchange on SR 89 at SR 89A o $39.2 million to rehabilitate pavement along SR 90 between Campus Drive and the U.S. Border Patrol Station in Huachuca City o $22.1 million to rehabilitate pavement along U.S. Route 191 between mile post 163 and mile post 173 o $9.5 million to design and construct a screen wall along Loop 101 between 51st Ave and 59th Ave o $16.3 million to rehabilitate pavement along U.S. Route 191 between Armory Road and East Safford o $800,000 for design to improve SR 238 between SR 347 and Green Road o $6.1 million to construct and improve former SR 279 o $4 million for design work for the interchange at SR 303 from I-17 to Lake Pleasant Parkway o $19 million for design work for the interchange at SR 303 and I-17 o $19 million for design to widen lanes along SR 347 between I-10 and City of Maricopa o $100,000 to assess intersection on SR 389 at Arizona Ave o $6 million to distribute to the Northern Arizona Intergovernmental Public Transportation Authority for capital costs of the Flagstaff downtown connection center o $568,000 to install lighting on the Sentinel exit in Gila Bend o $15 million to conduct a tier 2 study for the North-South Corridor in Pinal County o $14 million to conduct a tier 2 study for the Sonoran Corridor in Pima County o $25 million to conduct a tier 2 study for I-11 in Maricopa County o $7.2 million to design and construct a screen wall along the east side of Loop 101 near 16th Street o $1.6 million to repave SR 69 in Prescott Valley o $3.7 million to improve SR 90 from Moson Rd to Campus Dr o $3.5 million to improve US 95 near Yuma proving ground o $19.5 million to repave SR 95 in Mohave County o $1.4 million to repair SR 186 and State Business Route 10 in Willcox HB 2862 general appropriations act; 2022-2023 (Chapter 313) The following provisions in the general appropriations act are of interest to cities and towns: • Allocates $60 million to the Housing Trust Fund: o $20 million of which is specifically allocated to projects in counties other than Pima and Maricopa. o $4 million is specifically allocated for distribution to the Navajo and Hopi nations. o $10 million for the Homeless Services Grant Pilot Program for cities, towns and counties for homeless service programs designed to reduce homelessness. • Allocates $80,000 to the Industrial Commission for municipal firefighter reimbursement administration. • Allocates $2.5 million to the Arizona State Parks Heritage Fund. • Allocates $4 million to the State Lake Improvement Fund. • Allocates $10 million to the Department of Homeland Security for cybersecurity grants for local governments and school districts. • Allocates monies from the Border Security Fund to the 12 Department of Emergency and Military Affairs for the following purposes of interest to municipalities: o $30 million to distribute to local governments for costs associated with prosecuting and imprisoning individuals charged with drug trafficking, human smuggling, illegal immigration, and other border related crimes. o $15 million to reimburse local law enforcement agencies for the costs incurred by participating in a program with U.S. Immigration and Customs Enforcement. • Regarding the Water Infrastructure Financing Authority: o Designates $6 million of the Easter Arizona Water Projects Assistance Grants to cities and towns in Navajo and Apache counties. o Designates $2 million of the Easter Arizona Wate Projects Assistance Grants to Cochise and Graham counties. HB 2869 procurement; 2022-2023 (Chapter 320) Requires the Department of Revenue (DOR) to use a competitive sealed proposal procurement process for the Integrated Tax System Modernization Project (ITSP). Prohibits DOR from establishing any mandatory minimum qualifications when soliciting bids, specifically including a minimum number of years spent developing IT systems, developing systems in this state, or a minimum number of systems implemented. Requires DOR to review any bid from a vendor who has developed a tax system of similar size and complexity to the DOR system. The general appropriations act (HB 2862) includes a $15.8 million appropriation for the Integrated Tax System Modernization Project (ITSP). HB 2871 tax; revisions; distributions; 2022-2023 (Chapter 321) Addresses a variety of tax issues across all tax types, including the following provisions of interest to cities and towns: Directs $1.6 billion from TPT revenues to be distributed as follows: a) $209 million to the Border Security Fund; b) $925 million to the State Highway Fund; c) $20 million to the State Aviation Fund; d) $425 million to the Budget Stabilization Fund (Rainy Day Fund); e) $38 million to the State Parks Revenue Fund. Requires these distributions to be included as state revenues for purposes of meeting the trigger for income tax rate changes to 2.5% in the following year. Stipulates these distributions come after being counted in the shared TPT base to avoid reducing state shared TPT revenue distributed to cities, towns, and counties. Increases the cap on state TPT revenues that can be transferred to cities and towns to fund up to 80% of public infrastructure costs benefiting manufacturing facilities from $50 million to $100 million. Expands the existing retail TPT and use tax exemptions for new agricultural machinery and equipment to also include used items and off-highway vehicles. Defines off-highway vehicles. Retroactive to 2016, adds a new state and local exemption from Construction Contracting TPT for the installation of containment structures. Defines containment structures as structures that prevent, monitor, control, or reduce noxious or harmful discharge into the environment. Department of Revenue’s (DOR) Integrated Tax System Project (ITSP): Establishes the mechanism for assessing a local jurisdiction’s share of costs of the ITSP beginning in FY 2023 through June 30, 2028. The estimated $43 million cost over six fiscal years designated for payment by local jurisdictions includes the same groups and uses the same allocation method as the repealed DOR operations assessment. The total annual assessment is divided amongst cities and towns, counties, MAG and PAG and is based on the proportion of each entity’s revenues process by DOR. The assessment due from cities and towns is based on census population and is due no later than October 31 each year. Overdue assessments will be taken from subsequent shared TPT revenue distributions. Establishes the Tax System Modernization Project Advisory Committee to serve as a liaison between DOR and the users of the tax system. Outlines membership of the Advisory Committee, which includes one member representing a city or town who is appointed by the director of DOR. HB 2872 transportation; 2022-2023 (Chapter 322) Among other provisions, the bill establishes the State Match Advantage for Rural Transportation Fund within the Department of Transportation. The monies in the fund are for assisting political subdivisions outside of Maricopa and Pima counties with costs associated with applying for and securing federal transportation grants. The capital outlay budget reconciliation bill (HB 2858) transfers $50 million from the State Highway Fund for the State Match Advantage for Rural Transportation Fund. 40% of fund monies are allocated for municipalities (20% for municipalities under 100,000 in population, 20% for cities and towns under 10,000 in population). 13 Part Four: General Government SB 1168 vacation rentals; short-term rentals; enforcement (Chapter 343) Allows cities and towns to require a short-term rental (STR) owner to obtain and maintain a local regulatory permit or license. Limits the information that can be required as part of the permit or license application. Provides that the application fee for a permit or license cannot exceed the lesser of: the actual cost of issuing the permit/ license or $250. Requires a city or town to issue or deny the license or permit application within seven business days. Authorizes a city or town to deny a permit or license application for the following reasons: 1. failure to provide required information; 2. failure to pay the required permit or license fee; 3. at the time of application the owner has a suspended permit or license for the same vacation or short-term rental; 4. the applicant provides false information; or 5. the owner or owner’s designee of a vacation or short-term rental is a registered sex offender or has been convicted of any criminal act that resulted in death or serious injury or any criminal use of a deadly weapon within the past five years. Removes the requirement for a local government to notify ADOR and the owner of a vacation or short-term rental regarding a verified violation. Requires a STR to cease operation for failing to apply for a local regulatory permit or license within 30 days of the application process being made available by the local government. Allows a local government to require the STR owner or owner’s designee to display the local regulatory permit or license number, if required, on each advertisement. Allows a local government that does not require a local regulatory permit or license to require the STR owner or owner’s designee to display the required TPT license on each advertisement. Requires a city or town with a local regulatory license or permit requirement to adopt an ordinance outlining the administrative process to suspend a permit or license. Suspensions are limited to 12 months or less. Requires a local government that requires sex offender background checks on STR guests to waive the requirement if an online lodging marketplace performs a sex offender background check of the booking guest. Provides that a license or permit may be suspended if three verified violations within a 12-month period are associated with the property and pose serious threats to public health or safety. Provides that a license or permit may be suspended for one violation of the following: a) a felony offense committed at a vacation or short-term rental by the owner or owner’s designee; b) a serious physical injury or wrongful death at or related to a vacation or short-term rental resulting from the knowing, intentional or reckless conduct of the owner or owner’s designee; c) an owner or owner’s designee knowingly or intentionally housing a sex offender, allowing offenses related to adult-oriented businesses, sexual offenses or prostitution or operating or maintaining a sober living home, in violation of an adopted regulation or ordinance; and d) an owner or owner’s designee knowingly or intentionally allowing the use of a vacation or short-term rental for a special event that would otherwise require a permit or license in accordance with an ordinance or a state law or rule or for a retail, restaurant, banquet space or similar use. Allows local governments to require STR operators to notify all residential properties adjacent to, directly, and diagonally across the STR of their emergency contact information and prescribes the method in which an operator or designee may prove compliance of this requirement. For STRs in multi-family residential buildings, notification is deemed complete if given to residents on the same building floor. Allows a local government to require additional notification if the contact information previously provided changes. Requires the STR owner or owner’s designee to demonstrate compliance with the notification requirements by providing a specific attestation. Specifies that the emergency point of contact is for responding to complaints and emergencies, rather than only complaints. Allows a local government to require the owner of a vacation or short-term rental to: maintain liability insurance appropriate to cover the rental in the aggregate of at least $500,000; or advertise and offer each rental through an online lodging marketplace that provides equal or greater coverage. Provides the ability for a municipality to seek judicial relief to suspend a regulatory permit or license if any attempted or completed criminal act arises from the occupancy or use of a STR that results in a death, or actual or attempted serious physical injury. Allows a local government to impose a civil penalty of up to $1,000 per month against the owner if the owner or owner’s designee fails to apply for a regulatory permit or license within 30 days after receiving written notice of the failure to comply. Outlines other civil penalties a city or town may impose. 14 SB 1179 video service; boundary change; definition (Chapter 212) Requires cities and towns to notify all video service providers of boundary changes (annexations) by certified mail, email, or personal delivery. Requires the notice be provided to the contact person and address specified by the video service provider. Requires the video service provider to provide written notice of any change to the contact information. Prevents a video service provider from being required to pay certain licensing fees for at least 30 days after the boundary change notification is provided. Clarifies video service means the provision by a video service provider of multichannel video programming generally considered comparable to video programming. Specifies video service does not include: 1) video programming that enables users to access content or other services offered via the internet, including steaming content; and 2) direct-to-home satellite services as defined by federal law. Adds video service provider does not include: 1) a provider of video programming accessed through a service that enables users to access content, information, email, messaging or other services that are offered via the internet, including streaming content; and 2) a provider of direct-to-home satellite services as defined by federal law. SB 1238 state lands; appraisals; leases; rights-of-way (Chapter 14) Requires the state land department to reappraise any property that is to be leased, exchanged, or sold at public auction if the approval of the transaction by the Board of Appeals occurred more than 240 days before the auction. Exempts any commercial lease of state trust lands of less than 10 years from mandatory approval by the Board of Appeals. Requires the initial payment to apply to the associated rights-of-way of purchased state trust land. SB 1257 long-term recreational vehicle parks; caregivers (Chapter 16) Amends the caregiver occupancy permissions for an RV rental space to allow a disabled resident to have one or more persons occupy the RV to provide live-in health care if the care is necessary to afford the resident an equal opportunity to use and enjoy the dwelling. Broadens the care provided to include personal care and supportive services. Removes the restrictions that the person providing the care be at least 18 years of age and occupy the RV on a temporary basis. SB 1376 codes; ordinances; use of refrigerants. (Chapter 22) Preempts municipalities from adopting any provisions that would prohibit the use of any refrigerants that are listed as acceptable pursuant to the Clean Air Act if the equipment used is listed and installed in accordance with the requirements of the Clean Air Act. SB 1382 municipal employee assistance; notice (Chapter 114) For applications for a permit, license or other authorization, SB 1382 requires a city or town to print a notice of the statutory requirements relating to the employees designated to provide assistance on all applications for a permit, license or other authorization issued by the city or town. SB 1399 adoption; foster care; religious discrimination (Chapter 115) Prohibits the state, any political subdivision, or any private person from seeking discriminatory actions against a person to whom the state government granted child custody of an adopted or foster child on the basis the person intends to raise the child in a manner consistent with the person’s religious belief. Further, allows the state government to consider if a foster or adoptive parent shares religious belief with an adopted or foster child. SB 1594 state lands; annexation; delegation; minerals (Chapter 215) Permits municipalities and developers to enter into pre-annexation agreements with property owners who agree to a future annexation that includes their properties. Exempts an owner who has signed a pre-annexation agreement from signing an annexation petition. Includes the property owner who signed the pre-annexation agreement and the owner’s property when calculating the thresholds that an annexation petition must meet. SB 1740 water infrastructure financing; supply; augmentation (Chapter 366) Transfers the governance of the Water Infrastructure Finance Authority (WIFA) from the Arizona Finance Authority Board of Directors to the WIFA Board of Directors, and outlines WIFA board membership requirements. Deems WIFA a public body and subjects it and any subcommittees to laws governing public meetings and proceedings, except for specified reasons. Expands the powers and duties of WIFA and restructures state funded WIFA funds and expands fund eligibility to include water importation projects and pub- lic-private partnerships. Establishes the Joint Legislate Water Committee (JLWC) and outlines the makeup of the committee to include lawmakers from both majority and minority parties. Charges the JLWC with reviewing applicants for appointment to the WIFA board from the Governor and submitting the names of five qualified applicants for potential appointment to the position specializing in finance or statewide water needs. Requires the JLWC to review awards of $50 million or more from the Long-Term Water Augmentation Fund. The FY 23 general appropriations act allocates $334 million in year one, for a total of $1 billion over three years to fund projects to bring additional water to the state. 15 HB 2107 emergency powers; business closure; repeal. (Chapter 86) Prohibits the mayor of an incorporated city or town from ordering the closure of businesses during a local emergency. HB 2255 fireworks; permissible use; Diwali. (Chapter 372) Removes the following time periods from the days a governing body in a county with a population of more than 500,000 may prohibit: • the sale of permissible consumer fireworks, two days before the first day of Diwali through the third day of Diwali each year; and • the use of permissible consumer fireworks, the second and third days of Diwali each year. Includes, on additional sales signage that a governing body may require to be posted by the retail sales display of permissible consumer fireworks, the list of days that year relating to the time frame surrounding Diwali. HB 2371 enforcement prohibition; vaccinations; requirements (Chapter 263) Prohibits the state and any political subdivision from requiring any person under 18 years of age to receive a vaccination for COVID-19 or a COVID-19 variant without the consent of a parent or guardian. A violation of this section is classified as a class 1 misdemeanor and authorizes the county attorney to prosecute violations. HB 2391 video service providers; enforcement; jurisdiction (Chapter 293) Clarifies the authority of the Office of Administrative hearings to have original jurisdiction over disputes between video service providers and local governments regarding violations of the video service licensing statutes. HB 2431 emergency medical services; patient transport (Chapter 274) Prohibits emergency medical care technicians (EMCTs) from providing a patient with a presumptive medical diagnosis and using that diagnosis as the basis for counseling a patient to decline EMS transportation. Prohibits EMCTs from counseling a patient to decline EMS transportation, except in situations in which there is a specific alternate destination or treat-and-refer program that includes quality management and comprehensive medical direction oversight. Requires EMCTs to explain to a patient the risks and consequences to the patient’s health of not being transported. Specifies that it is not a violation for an EMCT to inform a patient of their right to accept or decline emergency medical services transportation, unless the EMCT does so to coerce the patient to decline emergency medical services. HB 2453 governmental entities; mask requirement; prohibition (Chapter 247) Prohibits a government entity from imposing any requirement to wear a mask or face covering anywhere on the governmental entity’s premises, except where long-stand- ing workplace safety and infection control measures that are unrelated to COVID-19 may be required. Defines “governmental entity” to include a political subdivision. The measure does not apply to a special healthcare district. HB 2455 incorporation; urban areas (Chapter 108) Requires the petitioners, at least six months before publishing a copy of the petition to incorporate a community, provide written notice of their intention to publish a copy of the incor- poration petition with the Board of Supervisors. States that the written notice must also be published in a newspaper of general circulation in the area to be affected for two consecutive weeks. Under current statute, an area to be incorporated cannot include large areas of uninhabited, rural or farmlands. HB 2455 provides two exceptions. Under HB 2455, large areas of uninhabited, rural or farmland can qualify for incorpo- ration if: the lands have been platted and approved by the BOS for housing or commercial development before filing a petition with the BOS; or the owner of the property agrees to include the land in the proposed incorporation area and provides a notarized statement of support along with a map of the proposed area. Specifies that uninhabited includes land owned by a mining or metallurgical company. Eliminates the statutory references to a planned community association during declarant control so the provisions no longer apply relating to incorporation. Requires the BOS to exclude from the proposed community to be incorporated the area or portion of the area covered by a planned community association that, during the period of declarant control, has notified the BOS of its request to be excluded. Maintains that petitioners are not required to resubmit a petition if the remaining area to be incorporated meets the population qualifications in statute. Specifies that if the remaining area proposed for incorporation does not meet the population qualifications, the BOS must reject the petition. 16 HB 2482 municipality; general plan; adoption; amendment (Chapter 166) Current statute requires all proposed major amendments to the general plan to be presented in a single public hearing within a calendar year. HB 2482 requires major amendments to be presented in a public hearing within twelve months of the proposal being made, rather than at a single public hearing within a calendar year. HB 2488 Uyghurs; forced labor; contracts; prohibition (Chapter 295) Stipulates that a public entity (including a city or town) may not enter into or renew a contract with a company for the acquisition or disposition of supplies, services, goods, information technology or construction unless the contract includes a written certification that the company does not currently, and agrees for the duration of the contract that it will not, use: • The forced labor of ethnic Uyghurs in the People’s Republic of China; • Any services or goods produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and • Any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Requires a company, within 5 business days after becoming aware of noncompliance, to notify the public entity that the company is not in compliance with the written certification during the term of the contract. Stipulates that the contract terminates if the company does not provide the public entity with a written certification that the company has remedied the noncompliance within 180 days after notifying the public entity of the noncompliance. Specifies that if the contract termination date occurs before the end of the remedy period, the contract terminates on the contract termination date. Clarifies that the provisions do not apply to a contract entered into before the general effective date. HB 2498 COVID-19; vaccination requirements; prohibition (Chapter 180) Prohibits any government entity from requiring a resident of Arizona to receive a vaccine for COVID-19 or any variant of COVID-19. Provides an exception for health care institutions that are owned or operated by a government entity in the state. Defines government entity to include a political subdivision of the state that receives tax revenues. HB 2507 religious services; essential services (Chapter 181) Declares a religious service, during a state of emergency, to be an essential service deemed necessary and vital to the health and welfare of the public. Requires state government to allow a religious organization to continue to operate and engage in religious services during a state of emergency to the same or greater extent as other organizations or businesses that provide essential services and that are necessary and vital to the health and welfare of the public. Allows state government to require religious organizations to comply with neutral health, safety or occupancy requirements issued by the state government or the federal government that apply to all organizations and businesses that provide essential services. Prohibits state government or any private person who sues under or attempts to enforce a state or local law, rule or regulation from taking any discriminatory action against a religious organization on the basis that the organization: is religious; operates or seeks to operate during a state of emergency; or engages in the exercise of religion as protected under the First Amendment of the U.S. Constitution. Prohibits state government from enforcing any health, safety or occupancy requirement that imposes a substantial burden on a religious service without demonstrating that applying the burden in that particular instance is: essential to further a compelling government interest; and is the least restrictive means of furthering the compelling government interest. Asserts that the requirements relating to religious services as essential services and the discriminatory action prohibition apply to: all state and local laws and ordinances and the im- plementation of those laws and ordinances, whether statutory or otherwise and whether adopted before or after the general effective date; and state laws enacted after the general effective date, unless explicitly excluded. Stipulates that the requirements relating to religious services as essential services and the discriminatory action prohibition do not apply to a case based on criminal conduct or a tort action brought by a victim of the criminal conduct against a religious organization or an employee or volunteer of a religious organization, including a civil action arising from sexual conduct or sexual contact committed against a minor. Authorizes a religious organization to file a lawsuit under the statute regardless of whether administrative remedies have been pursued or exhausted. Waives and abolishes sovereign and governmental immunities to the extent of liability established by the declaration of religious services as essential. Defines discriminatory act, criminal conduct, religious organization, and religious services. Contains a legislative findings clause. 17 HB 2587 public records; point of contact (Chapter 142) Public entities that are subject to public records request must post on their website the name, telephone number, and email address of the employee or department that is authorized to provide the information requested or able to forward the request to an employee or department. Makes an exemption for entities that maintain an online centralized option for submission of public records requests that provides a receipt on submission of a request. Requires an authorized employee or department to acknowledge receipt of the records request within five business days. HB 2599 administrative hearings; GRRC (Chapter 265) Provides that a licensee that prevails in an appeal of an agency’s final decision is entitled to recover reasonable attorney fees and costs incurred during all stages of the proceeding. Requires a state agency’s inspector, auditor or regulator that enters a premise for an inspection to provide to a representative of the regulated entity the findings of the inspection and what action the regulated person can expect. Prohibits a state agency from establishing a rule that is not specifically authorized by statute and declares invalid any rule that is not consistent with state statute and reasonably necessary to carry out the purpose of the statute. Requires state agencies to obtain written approval of the Governor to conduct any rule making. HB 2616 mask mandates; minors; parental consent (Chapter 184) Preempts the state, political subdivisions, government entities, school districts and charter schools from requiring that a face mask or covering be worn by a person under eighteen years of age without the consent of person’s parent or guardian. HB 2660 liquor; licensing; processes; procedures (Chapter 282) Authorizes certain regional shopping centers, on behalf of the shopping center’s retail licensees, to apply to DLLC for an extension of the premises. • Permits the manager of the commercial office and retail center, jointly with one or more licensees at the commercial office and retail center to apply to DLLC for an extension of premises provided specified requirements are met. • Specifies the premises extension allows designated on-sale retail licensees to sell spiritous liquor for consumption by patrons throughout a designated pedestrian area. Asserts the retail licensees that are subject to the extension are responsible for compliance. • Requires the application to include plans or diagrams designating the specific premises extension and the designated times of spiritous liquor service. • Provides further extension of premises regulations. Permits, and provides requirements for, an on-sale spirituous liquor licensee to apply to DLLC for an extension of premises. • Allows an on-sale spirituous liquor licensee to apply for an extension of a premise on a particular day, hourly, or on a regular recurring basis and outlines application requirements. • The applicant must submit a copy of the application to the local governing body at least 60 days before applying to DLLC. Allows the local governing body or the body’s designee to review the application and provide a reco mendation to the director of DLLC. • Prohibits an on-sale spirituous liquor licensee with extended premises from allowing an individual who is under the legal drinking age and who is not accompanied by a specified person who is of legal drinking age to remain in an area on the extended premises during hours used for the sale, dispensing or consumption of spirituous liquor. Removes existing restrictions on issuing liquor licenses to premises within 300 feet of a church. HB 2674 housing supply study committee (Chapter 185) Establishes the Housing Supply Study Committee. Requires the Committee to review data on the scope of housing supply and access and solicit ideas from subject matter experts. Directs the committee to submit a report of the committee’s findings to the Senate President and Speaker of the House. Outlines the Committee’s makeup to include lawmakers, two representatives from a city or town, members representing rental housing, and realtors. Effective Date: April 25, 2022 HB 2714 office of tourism; continuation (Chapter 71) Retroactively continues the Office of Tourism for 8 years, through July 1, 2030. HB 2724 assisted living; distance requirements; prohibition (Chapter 132) If a municipality has a zoning ordinance restricting the distance requirements between assisted living homes, the municipality must establish an administrative procedure to consider reasonable accommodation requests under the Fair Housing Act. Requires the municipality to provide written notice on how to request a reasonable accommodation. 18 Part Five: Transportation and Traffic Enforcement SB 1174 appropriation; Center Street; Jerome (Chapter 33) During the 2021 legislative session, the Legislature appropriated $560,000 to the Department of Transportation for improvements to Main Street in the City of Jerome. SB 1174 redirects the appropriation to Center Avenue in Jerome, rather than Main Street. SB 1239 appropriation; widening; I-10 (Chapter 218) Appropriates $400 Million from the state general fund in the FY 2022-2023 to the widening of the I-10 between Chandler and Casa Grande. SB 1273 two-wheeled motorcycle operation (Chapter 42) Allows the operator of a two-wheeled motorcycle to overtake and pass another vehicle that is stopped in the same direction of travel in the same lane and operate the motorcycle between the lanes of traffic if the movement may be made safely and if: • The motorcycle operator is on a street that is divided into at least two adjacent traffic lanes in the same direction of travel; • The motorcycle operator is on a street with a speed limit that does not exceed 45 miles per hour; and • The motorcycle is traveling at a speed that does not exceed 15 miles per hour. SB 1333 neighborhood occupantless electric vehicles (Chapter 256) States that neighborhood occupantless electric vehicles (NOEVs) are subject to laws relating to autonomous vehicles. Allows NOEVs to be operated on a highway that has a posted speed limit of 45 miles per hour or less. Allows NOEV to cross at an intersection on an arterial street of up to 45 mph. Prohibits a NOEV from operating, stopping, or parking in a bicycle path, except in an emergency or to cross the path to gain access to another roadway. Prohibits NOEVs from transporting hazardous materials that are regulated under the Hazardous Materials Transportation Authorization Act of 1994. Prohibits NOEVs from operating on a street within the boundaries of a public airport terminal without express permission from the airport owner. Prohibits NOEVs from operating on a highway in which ADOT or local authorities within their respective jurisdictions have determined and declared a minimum speed limit of more than 25 miles per hour, except when crossing at a highway intersection. Requires a NOEV, when operating on a highway with a posted speed limit between 35 and 45 miles per hour to: • operate in the right-hand travel lane or as close as practicable to the right-hand curb or edge of the highway, except when preparing for a left hand turn; • turn off the roadway, on a highway with two travel lanes, to a controlled stop as soon as practicable and when it is safe to do so to allow faster moving vehicles to pass when passing is unsafe because of traffic in the opposite direction or other conditions, while there are five or more vehicles immediately behind the vehicle; and • display a slow-moving vehicle sign that follows specified details. Defines highway for the purpose of A.R.S. 28-966 only (regarding NOEVs). SB 1334 DUI; license suspensions; restrictions (Chapter 233) Allows the Arizona Department of Transportation to issue a special ignition interlock restricted driver license in lieu of license suspension on request of the licensee under certain conditions. The bill also increases from 15 to 30 days the timeframe for a license suspension to take effect after notice is served. Effective date: January 1, 2023 SB 1490 appropriation; Cesar Chavez Boulevard (Chapter 331) Appropriates $33 million from the general fund to the Department of Transportation to distribute to Yuma County to construct, widen, repair and upgrade Cesar Chavez Boulevard in the City of San Luis. SB 1596 off-highway vehicle study committee (Chapter 148) Establishes the Off-Highway Vehicle Study Committee to collect and study information from the public and stakeholders on off-highway vehicle issues and directs the Committee to submit a report to specific entities with recommendations for administrative and legislative action. Outlines the Committee’s membership and terminates the Committee on June 1, 2024. HB 2130 recreational users; property (Chapter 242) Establishes that recreational and educational users accept the risks created by their activities. Requires recreational and educational users to exercise reasonable care in those activities. Provides that a landowner, easement holder, lessee, tenant manager or occupant of private or public land is 19 not liable for unknown conditions on the land. States that installing a sign or other form of warning of a dangerous condition, use, structure or activity, or any modification made for the purpose of improving the safety of others, or otherwise failing to maintain or keep in place such a warning, does not create liability on the part of the owner if there is no other basis for that liability. States that statute governing landowner duties does not create a duty of care or basis of liability for injury to persons or property. States that a user is liable to an owner for any damage to the land, property, livestock or crops that the user may cause while on that land. HB 2481 ADOT; licenses; registration; VLT; aviation (Chapter 264) Makes various changes to statutes related to driver licenses, vehicle license tax (VLT), and aircraft registration. Removes language from existing law requiring the registered owner of an impounded or immobilized vehicle to provide proof, as a condition of retrieving the vehicle, that the owner has a valid driver license but maintains the requirement that the owner provide proof that their driving privileges have been reinstated. Directs the Department of Transportation (ADOT) to publish on their website, rather than in a newspaper of general circulation in the appropriate county, the notice of intent to transfer ownership of abandoned vehicles. Clarifies that VLT of a vehicle that is powered by an alternative fuel is to be collected when the vehicle is initially registered, rather than when purchased. It stipulates that VLT for alternative fuel vehicles is to be distributed in the same manner as VLT from vehicles that are not powered by alternative fuels. Directs ADOT to establish a system of staggered registration for aircraft registration in a manner that equally distributes the work of registering aircraft uniformly throughout the year. Extends from 6 months to 12 months, the period in which a commercial learner’s permit for a vehicle requiring a class A, B, or C license is valid for. A driver’s license is considered valid until an applicant’s 65th birthday or renewable for five-year periods following the applicant’s 60th birthday, rather than 65th birthday. HB 2673 vehicle operation; licenses; points (Chapter 383) For certain violations, requires the Arizona Department of Transportation (ADOT) to only assess points against a person’s driving record for one violation if multiple violations result from the same action or course of conduct (the number of points for the violation with the highest number of points). Specifies an aggravated DUI offense may only be alleged as a historical prior felony conviction if the current offense is also an aggravated DUI offense. Modifies requirements for the expungement of notes of suspension or revocation from the ADOT records. Removes the prohibition against the state from dismissing a DUI violation charge. Exempts ADOT from rulemaking requirements. Sets an effective date of December 31, 2022, regarding the changes to A.R.S. 28-1526. 20 Part Six: Labor, Employment, Retirement and Benefits SB 1082 ASRS; lease-purchase agreements; contributions; prepayment (Chapter 324) An emergency measure that establishes a pre-funding Section 115 trust option within the Arizona State Retirement System. Although ASRS is a pooled pension system that does not typically allow for advanced payments to pay down unfunded liabilities, the prefunding option within ASRS, accruing interest at the rate the plan accrues interest, monies allocated to the Sec. 115 accounts can be included in an employer’s assets related to GASB. Effective date: June 28, 2022 SB 1084 public retirement systems; administration (Chapter 73) Adds Roth IRAs and simple retirement accounts to the definition of an “eligible retirement plan.” Establishes that employers who are required to participate in the Public Safety Cancer Insurance Policy program must pay the premiums for the program’s cost and include those premium amounts as wages of the participating firefighters and peace officers, subject to federal and state income and employment taxes. SB 1085 PSPRS; funded ratio; asset transfers (Chapter 221) Modifies the actuarial funding requirements for PSPRS in certain circumstances where an employer’s group-funded status is above 100%. Prescribes procedures for a PSPRS employer to request an asset transfer. SB 1136 public works; contracts; payments (Chapter 31) Specifies requirements for the payment of contractors and subcontractors for changes or additions to contracted work with governmental entities. A contractor must submit a reasonable cost estimate of the changed work to the governmental entity, and a subcontractor must submit a reasonable cost estimate of the changed work to the contractors. If a dispute with the payment determina- tion occurs, parties to the contract can make a claim in accordance with the construction contract. SB 1268 PSPRS; deferred retirement option plan (Chapter 351) Specifies that an eligible PSPRS member’s participation in the Deferred Retirement Option Plan (DROP) program cannot exceed 60 months. Provides that DROP participation for 84 months (24 additional months) is limited to a tier 1 employee who has not entered the DROP program as of the bill’s effective date, is 51 years of age, and has 24.5 years of service at the time of entering the DROP program. Provides that a tier 1 employee who entered the DROP program before the effective date may extend their DROP period for 24 months only if the employer and employee agree to the extension. For all employees in the DROP program, their historical balance (balance from months 1 to 60 plus interest) and any new DROP money (new money from months 61 to 84) will be transferred into a defined contribution account. Contains an emergency clause. Effective date: July 6, 2022 SB 1515 municipal firefights; cancer fund; distributions (Chapter 361) Among various technical changes, the bill limits distribu- tions from the Municipal Firefighter Cancer Reimbursement Fund from exceeding the aggregate of all compensation and benefits paid to claimants. Specifies that any monies remaining in the fund will be carried forward to the next fiscal year. HB 2063 PSPRS; CORP; reemployment; time period (Chapter 24) Stipulates that a retired member may become employed by the same employer from which the employee retired in a designated position and continue to receive a pension if the re-employment occurs at least 6 months after retirement, rather than 12 months. Specifies that certain overpayments after re-employment do not apply if the retired PSPRS member has a prearranged reemployment agreement with the employer. 21 www.azleague.org 602-258-5786 1820 W. Washington St . Phoeni x, Arizona 85007 @AZCities 1 2022 State Legislative Agenda The Town Council of Fountain Hills Prepared by Jack W Lunsford The Lunsford Group 2 Mission To enrich and provide an active quality of life for all residents and visitors through proactive community engagement, resolute stewardship of amenities and open spaces, and the enhancement of the overall health and well-being of our town. Strategic Priorities The Fountain Hills Strategic Plan is based on the following key goals or strategic priorities: Maximizing Economic Development Opportunities in Fountain Hills o Ensuring that Infrastructure in Fountain Hills is Well-Maintained and Safe o Attracting Families and Working Professionals o Ensuring that Fountain Hills Finances are Stable and Sustainable o Focusing on Strengthening the Community and Improving the Town’s Quality of Life 2022 Legislative Resolutions League of Arizona Cities and Towns (Endorsed and Supported)  AMEND state statute to specify a period when cities and towns may prohibit the use of permissible fireworks and modify definitions of illegal and permissible fireworks.  AMEND statute to allow cities and towns to amend their budgets after the initial budget has passes while following notice and hearing statutes and with strong oversight and approval requirements.  SEEK legislative and/or non-legislative solutions, working with housing and homeless advocates, the Department of Housing, and state legislators, to provide local governments, regional partners, and continuum of care providers additional resources to combat street homelessness in our communities.  SIMPLIFY the statutory mechanisms to dissolve water and wastewater districts once an area incorporates or gets annexed to relieve the tax burden on the citizens, if the town or town provides the same service that had been performed by the district, or the district service is no longer needed. 3 Town of Fountain Hills 2022 State Legislative Agenda CORE PRINCIPLES Preserve Local Funding PROTECT State-Shared Revenues – Arizona voters have prohibited municipalities from collecting a local income tax and luxury taxes and, in exchange, have authorized the establishment of an urban revenue-sharing distribution of state income taxes to municipal governments. Currently that percentage is 15%, however in 2021 the Legislature passed SB1828 which increased revenue-share percentage to 18%, effective in fiscal year 2023-2024. SB1828 is now on hold pending a final ruling from the Arizona Supreme Court as to the constitutionality of this and other 2021 legislative actions and, depending on the outcome, this could put pressure on the Arizona Legislature to revisit the provisions of the new law. Preserve Local Control OPPOSE Preemption of Local Authority – The Town strives to preserve local control so that its citizens can self-govern in their best interest. Every legislative session legislation is proposed that creates unfunded mandates on cities and towns and/or preempts the ability of municipal councils to set policy through ordinances and regulations at the local level which are in the best interest of their citizens and taxpayers. Often times this is a “one-size-fits-all” legislative approach that doesn’t consider the differences in municipalities or the priorities of the residents. Such efforts should be opposed. 2021 Key Positions  PRESERVE the current minimum urban revenue sharing percentage for cities and towns at 15%.  OPPOSE legislation to modify or expand legislative authority to seek SB1487 investigations by legislators pertinent to municipal authorities and to expand any applicable penalties.  SUPPORT legislation addressing the negative impacts short-term rental properties can have on adjacent properties and neighborhoods.  SUPPORT legislation that at a minimum will prohibit, on all days, the use of permissible consumer fireworks between the hours of 10:00 PM and 8:00 AM. 4 LEGISLATIVE POLICY STATEMENTS LOCAL GOVERNMENT  OPPOSE legislation to modify or expand legislative authority to seek SB1487 investigations by legislators pertinent to municipal authority and to expand any penalties.  SUPPORT legislation that further limits SB1487 provisions.  OPPOSE legislation that creates unfunded mandates for municipalities.  SUPPORT legislation on political signs to comply with Reed v. Town of Gilbert U.S. Supreme Court decision. LOCAL GOVERNMENT FINANCE  OPPOSE legislation that reduces or negatively impacts the collection of transaction privilege tax (TPT), State Shared Revenues, or other local revenues.  OPPOSE changing the imposition of construction sales taxes to “materials only” or other methods that do not equitably return those revenues to where the construction activity occurs. NEIGHBORHOODS and QUALITY OF LIFE ISSUES  SUPPORT legislation providing additional tools and remedies for municipalities to regulate short-term rentals in their communities.  OPPOSE legislation that would limit or curtail the Town’s current zoning authority, particularly in residential areas.  OPPOSE legislation that would prohibit or eliminate the transaction privilege tax on the renting or leasing of real property for residential purposes.  OPPOSE legislation that preempts a city or town from establishing or enforcing its ordinances regulating tobacco, vapor, or alternative nicotine products. 5 PUBLIC SAFETY  OPPOSE legislation that negatively impacts the Town’s Fire Code or its ability to enforce its Fire Code provisions.  OPPOSE legalizing additional fireworks or other changes that would increase the risk of fires to businesses, neighborhoods, residents and the McDowell Mountain Preserve.  PRESERVE local control authority that allows cities and towns to regulate the use and discharge of firearms within municipal boundaries. TRANSPORTATION  SUPPORT extension of ½-cent sales tax to support regional transportation projects in Maricopa County.  SUPPORT the continued viability of Highway Users Revenue Fund (HURF) funding to cities and towns. ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 08/22/2022 Meeting Type: Town Council Special Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Request to Town Council Special Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of June 21, 2022; Approval of the minutes for the Joint Meeting with the Fountain Hills School District Board of June 21, 2022.  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 Regular Meeting on June 21, 2022, and the Joint Meeting held with the Fountain Hills School District Board on June 21, 2022. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting on June 21, 2022, and the Joint Meeting held with the Fountain Hills School District Board on June 21, 2022. Attachments 2022.6.21 Town Council Meeting Minutes  2022.6.21.Town Council Meeting Verbatim Transcript  2022.6.21.Joint Meeting Fountain Hills School District Board  Form Review Inbox Reviewed By Date Finance Director David Pock 08/15/2022 08:50 AM Town Attorney Aaron D. Arnson 08/15/2022 12:00 PM Town Manager Grady E. Miller 08/15/2022 02:31 PM Form Started By: Linda Mendenhall Started On: 08/15/2022 08:11 AM Final Approval Date: 08/15/2022  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 21, 2022 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held on June 21, 2022, to order at 5:29 p.m. and led the Council and audience in the Pledge of Allegiance. 2. MOMENT OF SILENCE A moment of silence was held. 3. ROLL CALL Members Present: Mayor Ginny Dickey: Vice Mayor Gerry Friedel; Councilmember David Spelich; Councilmember Sharron Grzybowski Members Absent: Councilmember Alan Magazine; Councilmember Peggy McMahon; Councilmember Mike Scharnow Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall 4. REPORTS BY MAYOR, COUNCIL MEMBERS, AND TOWN MANAGER A. PROCLAMATION: July as Park and Recreation Month. Mayor Dickey and the Town Council presented a proclamation recognizing July as Park and Recreation Month. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION: Monthly Report by Captain Kratzer with Maricopa County Sheriff’s Office. Captain Kratzer provided an update and answered questions regarding crime statistics for the Town of Fountain Hills. 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. 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. Councilmember Spelich requested item #7B be removed for separate consideration and approval. MOVED BY Councilmember Grzybowski to approve the Consent Agenda Items minus item #7B, SECONDED BY Councilmember Spelich. Vote: 4 – 0 passed – Unanimously A. CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of June 7, 2022. B. CONSIDERATION AND POSSIBLE ACTION: Approval of a six-month extension to the approved Special Use Permit to allow 17 residential units on a 1.62-acre property generally located north of the northeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 9647 N. saguaro boulevard; APN#176-10-805) on the C-1 (Neighborhood Commercial) zoning district. This item was pulled from the consent agenda for further discussion; the item is listed below in more detail. C. CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-33, approving Intergovernmental Agreement amendments with the Regional Public Transit Authority relating to the RideChoice Transportation Services program and for bus services on Route 515 in Fountain Hills. D. CONSIDERATION AND POSSIBLE ACTION: Request to apply and take receipt of Prop 202 Grant Funding from Salt River Pima-Maricopa Indian Community. THE FOLLOWING ITEM WAS PULLED FROM THE CONSENT AGENDA TO BE VOTED ON SEPARATELY: 7B. CONSIDERATION AND POSSIBLE ACTION: Approval of a six-month extension to the approved Special Use Permit to allow 17 residential units on a 1.62-acre property generally located north of the northeast corner of N. Saguaro Boulevard and E. Shea Boulevard (AKA 9647 N. saguaro boulevard; APN#176- 10-805) on the C-1 (Neighborhood Commercial) zoning district. MOVED BY Councilmember Grzybowski to approve a six-month extension to the special use permit, to allow residential uses at 9637 North Saguaro Boulevard, for a maximum of 17 dwelling units, subject to the stipulations approved by council on December 7, 2021, SECONDED BY Vice Mayor Friedel. Vote: 3 – 1 Passed NAY: Councilmember Spelich 8. REGULAR AGENDA A. CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-32 Repealing Resolution 2022-02 Adopting a New Fountain Lighting Policy. MOVED BY Councilmember Grzybowski to approve Resolution 2022-32 as presented, SECONDED BY Vice Mayor Friedel. Vote: 4 – 0 Passed – unanimously B. DISCUSSION AND POSSIBLE DIRECTION: Relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative bulletin(s) or relating to any action proposed or pending before the State Legislature. 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. 10. ADJOURNMENT MOVED BY Councilmember Spelich, SECONDED BY Councilmember Grzybowski to adjourn. Vote: 4 – 0 Passed – Unanimously The Regular Meeting of the Fountain Hills Town Council held on June 21, 2022, adjourned at 6:49 p.m. TOWN OF FOUNTAIN HILLS _________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, 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 21st day of June 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st Day of June, 2022. _____________________________ Linda G. Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS Page 1 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 1 of 50 Post-Production File Town of Fountain Hills June 21, 2022 Town Council Meeting Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS Page 2 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 2 of 50 MAYOR DICKEY: Good evening. We're going to start off our meeting with the Cottonwoods Maintenance District. Roll call, please. TOWN CLERK MENDENHALL: Mayor Dickey. MAYOR DICKEY: Here. TOWN CLERK MENDENHALL: Vice Mayor Friedel. VICE MAYOR FRIEDEL: Present. TOWN CLERK MENDENHALL: Council member McMahon. Council member Scharnow. Council member Magazine. Council member Spelich. SPELICH: Present. TOWN CLERK MENDENHALL: Council member Grzybowski. GRZYBOWSKI: Present. MAYOR DICKEY: Thank you. First item is the approval of the minutes from the meeting of June 7th. Can I get a motion, please? SPELICH: (Indiscernible). GRZYBOWSKI: Second. MAYOR DICKEY: All in favor, say aye. ALL: Aye. MAYOR DICKEY: Thank you. Next, Grady. MILLER: Thank you, Mayor. Mayor, and Council and for the public who are here tonight. We have before you the Cottonwoods Maintenance District tax levy. And our finance director will be giving you an overview of this and recommending approval. With that, I'll turn it over to Mr. Pock. POCK: All right. Good evening, I guess, Madam Chair, board members. June 7th, the final budget was adopted for Cottonwood's Maintenance District. This tonight is to approve the tax levy to go to the Assessor and the Treasurer's office for collection of property taxes for the Cottonwood's Maintenance District. Total levy is $8,669. That's a $149.46 over 58 parcels. That includes items for landscaping, the wall maintenance reserve, that we build up each year. We just finished painting that this year. Also the postage and advertising costs. TOWN OF FOUNTAIN HILLS Page 3 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 3 of 50 Those cumulative costs, this is the first year that we started charging the ten percent administration fee. And that is ten percent of those three items that I just mentioned, so if there are any questions. MILLER: I just had a question. So the Vice Mayor had asked previously about a couple different things about the district. One would be, you know, what would be involved in the possible dissolution of that. Also he had some good comments about, cost recovery. And so I distributed a memo to the council last week on this very topic. And if the council -- I realize this is probably not the appropriate time, since we're really talking about the levy, but if the council is interested in this, when we do our budget process for the next year, we will present to the council some different options on both partial and full cost recovery. We are limited as to how much we can collect to, not to exceed 18 percent of the total value of the parcel that we're currently maintaining. But if the council is interested, we can certainly do that through the next budget process, if we're wanting to get more of a -- closer to full cost recovery. VICE MAYOR FRIEDEL: Also that was a lot of information and thank you for getting that to us so that we can make a good decision on that so, I appreciate that. MAYOR DICKEY: Do we have any speaker cards on this item? TOWN CLERK MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. Any other questions or comments? All right. I'm trying to see where the motion is. Anybody want to -- it's on page 3, I think, yep. Oh, sorry. No, it's not. I'm losing it. I haven't seen it. Where's the motion? MILLER: Mayor, I think it's page 5. MAYOR DICKEY: Oh, page five. Oh, there we go. Can I get a motion, please? GRZYBOWSKI: Move to adopt resolution CMD2022-03. MAYOR DICKEY: Thank you. GRZYBOWSKI: Did I make it to the right page? MAYOR DICKEY: Yeah. GRZYBOWSKI: Okay. SPELICH: Second. TOWN OF FOUNTAIN HILLS Page 4 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 4 of 50 MAYOR DICKEY: Thank you. All in favor, please say, aye. ALL: Aye. MAYOR DICKEY: Thanks, so much. I will adjourn that meeting. And we'll start our regular meeting. Please stand for the pledge and remain standing. ALL: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. MAYOR DICKEY: Okay. Please remain standing for a moment of silence. Thank you. All right. Roll call, please. TOWN CLERK MENDENHALL: Mayor Dickey. MAYOR DICKEY: Here. TOWN CLERK MENDENHALL: Vice Mayor Friedel. VICE MAYOR FRIEDEL: Present. TOWN CLERK MENDENHALL: Council member McMahon. Council member Scharnow. Council member Magazine. Council member Spelich. SPELICH: Present. TOWN CLERK MENDENHALL: Council member Grzybowski. GRZYBOWSKI: Present. MAYOR DICKEY: Thank you, so much. As always, we start with our activities and reports. Town manager, do you have anything? MILLER: Mayor and council, I do not have anything to report at this meeting, thank you. MAYOR DICKEY: Thank you. Vice Mayor, I know you have a couple things. FRIEDEL: I do. Mayor, I'd like to request a point of privilege, if I may take a couple minutes of the council's time and if that's all right. MAYOR DICKEY: Sure. FRIEDEL: Thank you. So at the last council meeting, there was some discussion at the end of the meeting, dealing with the recent raise given to our town employees. And I TOWN OF FOUNTAIN HILLS Page 5 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 5 of 50 think it will -- left us a little bit unsettled because a lot of people -- I got a lot of comments and emails from residents in town saying, how come there was no discussion on this. So what I'd like to do going forward is, make sure that with the raise that they got, was 4 percent. And in the last year and a half, it's about ten percent. And we're adding about $200,000 in round figures, to our current salary base, here in the town. Over the years, that's going to add up to be a lot of money. So I'd like to know if we can make sure, in the future, that there's some kind of a line item, or some kind of discussion, whenever there's a raise proposed. Because I think probably going forward now, salaries are one of our biggest expenses in this town and I think the public might like to weigh in on it. And I know the council might like to have some discussion on it. So if that's something that we can consider doing in the future, I think it would be important for both the residents and the council. MILLER: Yes, and we're all for doing that. We did have some slides but perhaps that got lost in that. So we'll try to be a little bit more open and make sure that that seems to be a lot more clear to the council going forward. Thank you, we'll take that under advisement. FRIEDEL: Thank you. So I do have a couple of other items. Last week, I attended the Chambers foundation ribbon cutting. So it's a new venture for the Chamber of Commerce in town. And it's exciting for them and for us. So if you get a chance, you can check that out on the Chamber's website. There were a lot of businesses and a lot of people in attendance. And also on June 14th, I attended the Global Ties Arizona; the town hosted a luncheon with Mayors from Argentina, Botswana, Gambia, Italy, Kosovo, and South Africa. And these people were so impressed with this town. And above all, our fountain and our parks. They wanted to know a lot about our water reclamation and how we deal with our waste water and that kind of thing. So it was a good exchange of ideas and thoughts and we gave them a lot of information about our town. And they were very impressed with the fact that here we are in the middle of the desert, and we have a fountain that -- one of the highest fountains in the world. So it was a good exchange. So it was a good thing to be able to attend. And then two Saturdays ago, I had the pleasure of attending Operation Screen Reduction. TOWN OF FOUNTAIN HILLS Page 6 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 6 of 50 And you may be wondering what that's all about. The owners of Pearl Nutrition, on Saturday, June 11th, in conjunction with a couple of businesses in town, held what we call Operation Screen Reduction. It's to get youth in our town, off of screens, whether it's an iPhone, iPad, monitor, TVs, that type of thing. So in attendance were council candidates Brenda (ph.), Allen Skilletcorn (ph.), Hannah Toth (ph.), Sherriff Joe (ph.), Councilman David Spelich, and Orlando Brown (ph.) did a lot of the videoing for the event. And the goal again, was to raise money for the Boy Scouts in our local town, to help send them off to camp, and get them out of the house, and off the screens. So I'm pleased to report that we raised over $3700. And every single scout in this town will be attending camp. So it was very successful and Scout Troop 343 raised all the funds necessary to be able to accomplish that goal. So it was really great to see the town come together and support the youth in this town. So it was well needed and well attended. Thank you. MAYOR DICKEY: Thank you. (Indiscernible). SPELICH: Wrong button. I too attended as Gerry just said, and I think we had 60 or 70 residents show up and write checks and hand cash to the Scout Master. So I think it was a great event. And they had a slide show going on during the event and showed all the events that the kids that go to this camp, participate in. There was horse riding and shooting archery, a bunch of things. So I was really glad to go to it and show them support. And I was even more excited that 60 or 70 residents showed up and donated. So thank you. MAYOR DICKEY: Thank you. Councilman? GRZYBOWSKI: This week I attended the one and only legislative update call that we've had in easily a month, if not six weeks. Also, I went to the GPEC ambassador event, the Arizona's craft beer industry. I was really bummed I couldn't go to the onsite meeting, because rumor has it there was a taste test. Unfortunately, I had a meeting beforehand so I couldn't make it work. According to the Arizona Craft Brewer's Guild, we've got about 94 brewing companies in Arizona, with about 120 brewing locations. In 2021, they estimated an economic impact, just of this industry, of $1 billon. So yeah, it was a very interesting meeting. And you TOWN OF FOUNTAIN HILLS Page 7 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 7 of 50 know me, I'll talk beer. It was super fun. MAYOR DICKEY: Thank you, Councilwoman. Well, I really appreciate that you were able to go to that lunch. Obviously, I was out of town. We have a lot of people out of town, abroad, and such. So yeah, I got to go to my granddaughter's graduation, so that was very nice, in New York. The only thing is tomorrow we have a MAG regional council, passing of the gavel, from Mesa Mayor Giles to Avondale Mayor Weise. I'm looking forward to that. Our next item is a proclamation, which is saying that July is Park and Recreation months. So I think we might have a couple of commissioners here. And if you want to come up with Rachel (ph.), I will present. All right. You can hold it. How's that? I will present. I read it, the writing that I can see. All right. There we go. Ready? Whereas, Parks and Recreation is an integral part of communities throughout the country, including the town of Fountain Hills, and promotes health and wellness, improving the physical and mental health of people who live near parks. And whereas Parks and Recreation promotes time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses, such as depression, attention deficit disorders, and Alzheimer's. And whereas Parks and Recreation encourages physical activities by providing space for popular sports, hiking trails, swimming pools, and many other activities. And whereas Parks and Recreation is a leading provider of healthy meals, nutrition services, and education activities, such as out of school-time programming, youth sports, and environmental education, which are critical to childhood development. And whereas Parks and Rec. increases a community's economic prosperity through increased property values, tourism, attraction and retention of businesses, and crime reduction. And whereas Parks and Rec. is fundamental to the environmental well-being of our community, and ensures the ecological beauty of our community and provides a place for children and adults to connect with nature and recreate outdoors. And whereas the town of Fountain Hills recognizes the benefits derived from Parks and Rec. resources, so therefore I, Ginny Dickey, Mayor of Fountain Hills, do proclaim July TOWN OF FOUNTAIN HILLS Page 8 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 8 of 50 to be recognized as Park and Recreation month, this 21st day of June, 2022. Congratulations. Okay. Anybody have anything they want to say? UNIDENTIFIED SPEAKER: Thank you. MAYOR DICKEY: All right. FRIEDEL: Mayor, I will say something on your way -- while you're walking back up. Congratulations to our gold star parks department. Thank you. MAYOR DICKEY: All right. Oh, got a shock. Thank you, so much. Our scheduled public appearances, we are going to have our presentation by Captain Kratzer from MCSO. Welcome, Captain. KRATZER: Good evening, Madam Mayor, members of the Council. Get this going here. Well, that didn't take long to have technical difficulties. I just need the home screen. It's on the home screen, here. There we go. Thank you. Okay. I know tonight is the last council meeting before summer break, so I promised Justin Weldy (ph.), I'd keep this to an hour and a half. All right. So I usually try to do a stat presentation that covers the crime stats for the last couple of years, around February, not long after the end of the year closes, so we have two to three years that we could show what the year prior looked like. Well, I wasn't able to do that. I had some unexpected time out of the office. So what I decided to do, that I think would be a little bit more relevant, was go back for two years. Looking at kind of a modified fiscal year, in a way. So the stat comparison that I'm going to do will look at two years. And as I go through, I'll explain what those two years' timeframes will look like. So we'll look at June 2020 through May of 2021. It will be a 12-month time period. And I'll just reference that as year 2021. And then we'll look at June 2021 through May 2022, another 12-month period. And that will just be referenced as year 2022. And what the stat comparison will review for those two years will be the top 20 calls for service. I think that's relevant because it shows what residents of town are calling in to the sheriff's office for, for what those incidents are. They're not always crimes. You'll see as we go through those. TOWN OF FOUNTAIN HILLS Page 9 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 9 of 50 Then I'll look at the top 20 on-view activities by deputies. So -- and I'll have definitions of all this, as we go, they'll be brief. But that's just when a deputy has down time, and they're conducting on-view activities, things that they observe. And then we'll look at the top 20 calls for service that resulted in an incident report. And that's a little different than the call for service, because a call for service with an incident report, means that there was either a crime, and that's why a report's written, or something significant enough that a report should be authored. So those change a little bit then, just the top 20 calls for service. And then we'll look at major crime indicators. That's probably what most people are the most interested in knowing. But we'll get there, and it won't take that long, I promise. Okay, so a call for service, that's a call generated by a member of the public or another agency, or any external source to MCSO. So it's not anything a deputy is doing. It would be something that a deputy is called for the MCSO is called for. So we'll get into our top 20 calls for service right away. So you can see welfare checks are the most, the top 20. And that's the number one thing we get calls for. And that's usually someone can't get a hold of somebody and they would like a deputy to go check on somebody. Those numbers always remain really high. A false burglar alarm, you can see how high those are. Citizen motorist assist, and I don't know how well you guys can see those numbers. Hopefully, they're clear enough for the members of the audience and those at home. I believe that this is going to be posted online, on the website, so people can go back and look at this. Follow-up, that's when somebody calls and is just asking for additional follow-up on something. They may have another bit of information they want to add on a previous call. I highlighted some of the ones that there were noticeable changes on, that in my opinion, are a little bit more relevant. So I just want to let you know, if you have any questions during this, or you want to stop me and you want to ask any questions, sometimes what I think is relevant, may be different than what you guys see. Or something may jump out at you guys, that you have a question on. TOWN OF FOUNTAIN HILLS Page 10 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 10 of 50 But loud neighbors disturbing, we saw a drop in that, which I was a little surprised to see because we've had a lot more calls for service for some of our short-term rentals, we call them party houses. We've experienced an increase in those calls but I think across the board, maybe other noise disturbances, where someone just has a neighbor who's playing some loud music, maybe that's dropped a little bit. Vehicle crash with no injuries, and again, remember these are just the calls for service that the public makes. So sometimes when a deputy gets there, the call may change, and it may not necessarily be what the call came in as. Vehicle crash with no injuries, we saw an increase there from 2021 of 116 to 163. In my next slide, I'm going to cover some of the significant things that we're seeing here. Going through, suspicious persons; traffic hazards; civil actions; suspicious persons in vehicles; attempts to locate, a lot of times those are for drivers that are driving aggressively. Audible burglar alarms; civil matters; and standbys. You can see thefts that that dropped a little bit from the year prior. Assists to other agencies, that's at Fort McDowell, or Scottsdale, or another agency calls us for anything. Found property; animal noise problems, we saw an increase there. Criminal damage over two years, remained the same, for calls that we received. And then injured sick persons. So takeaways from that, what I noticed in that, and I use these to analyze kind of our personnel and maybe shifts and where we put personnel or if we see a significant call for service peak, we try to put more personnel there. Suspicious activity calls and suspicious person in vehicle calls, over the last two years, that just shows us that people are remaining diligent. We constantly ask people to be diligent in what you see. If you see something suspicious, please call it in, even if you think it may be nothing, but you've got a hunch, we'll go check it out, and maybe it's nothing and we'll clear it. Or sometimes, maybe it's someone looking to commit a burglary or some other crime. The loud neighbors disturbing calls have decreased by nearly 11 percent. The other thing to keep in mind on some of these, the percentage number that's associated to it looks really large. Not necessarily here but in some of the other stats, but kind of like with any numbers and data, when you have a small sample size, that percentage, a few calls or things can change it pretty drastically. TOWN OF FOUNTAIN HILLS Page 11 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 11 of 50 Vehicle crash with no injury calls have increased by 40 percent. So we went from 116 to 163. Theft calls decreased by 19 percent. SPELICH: Captain? KRATZER: Yes. SPELICH: I have a quick question on that increase of 40 percent. KRATZER: Sure. SPELICH: Do you know, is any of that due to being impaired? KRATZER: Not many are due to impairment. We obviously have some vehicle crashes, even minor vehicle accidents, no injuries, that result in DUI's. That number has remained pretty consistent over the last two years. Animal noise problems, calls have increased by nearly 37 percent. And criminal damage calls have remained the exact same over the two-year comparison, at 57. And again, these are calls for service from the public. Sometimes a deputy may get there on a criminal damage and it may be you know, someone wrote on the driveway with chalk. And even though it came in as a call that way, it's not really a crime. It's not a criminal damage. So that number could change from the end, with a report. So next we'll look briefly at the on-view activity of a deputy. And that's self-initiated activity by a deputy and not a call for service from dispatch. On-view activity is generally conducted by a deputy, when the deputy is not responding to a call for service, as calls for service take priority. So in our top 20, over the two-year comparison, I'll highlight some of the ones that we saw significant changes or important changes. Patrol vacation watches, those are always high. We saw an increase in deputies doing those. I think a lot of people are starting to get out of town again, now that maybe Covid's starting to wane a little bit. School programs, we saw a pretty hefty increase in that. Again, a lot of things are COVID related here, now that we're starting to get out of some of those restrictions. Welfare checks, we saw a pretty big increase on deputies doing those. Speeders, that one is just when a deputy, based on maybe an area he knows is problematic, or she knows is problematic, or there's a call from a resident, of hey, we're getting speeders on our street, can you park in the area? So that's the amount of times deputies went out in those areas, TOWN OF FOUNTAIN HILLS Page 12 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 12 of 50 looking for speed enforcement. Community policing, we saw a large increase in that. Again, we're able to get out now and have more contact with individuals. We're starting to pick that up. But you can see some of the other -- the traffic violations, I didn't cover at the top, but that remained pretty consistent over that two-year period that we looked at, with just one and a half percent decrease. And so I kind of covered all this already, the traffic violations have remained mostly consistent. Patrol, vacation watches, school programs, community policing efforts have all increased substantially, due to COVID restrictions relaxing. Welfare checks have increased by 135 percent. You can chalk that up to the same. And deputies patrolling for speeders have increased. And some of that is based on some of the emphasis over the last year, with the corridors and all that. Calls for service with an incident report. So that's what we're looking at next. So these are the calls that public made, where the deputy took a report. So our policy requires our deputy to take a report if there's an allegation of a crime that's made and they can determine that it does appear a crime was made or did occur. But not only crimes, also for vehicle crashes. So vehicle crash with no injuries, we saw 100 in the year 2021; modified year 2021. And then an increase to 143. Deaths we saw a decrease from 64 to 48. Criminal damages, we saw a slight decrease. Identify thefts, we saw a decrease. Trespassing, we saw a decrease. Frauds and con games, we saw a decrease; minimal, but a decrease. Disorderly conduct, we saw a pretty good size decrease there from 40 to 21. Vehicle crash with injuries, we saw an increase from 25 to 35. Hit and run, no injuries, we saw an increase from 24 to 31. Now hit and run with no injuries, that could be something as minor as, and not to downplay this, but a car parked at a grocery store parking lot, and someone comes out and finds damage on their vehicle. The other driver didn't leave their information behind. That's a hit and run with no injuries. But a hit and run with no injuries could also occur on the roadway, minor fender bender, and a car takes off. So it's kind of all encompassing. Assaults we saw an increase on that from 18 to 31. Shoplifting, we saw an increase from 18 to 29. And then assaults, domestic violence, we saw a slight decrease. TOWN OF FOUNTAIN HILLS Page 13 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 13 of 50 So just some of the takeaways, we saw vehicle crash with no injuries reports, those increased by 43 percent. Theft reports decreased by 25 percent in that two-year comparison. Criminal damages saw a minor decrease. Identity thefts decreased by 24 percent. Trespassing decreased by 16. Fraud and con games decreased by 3 calls, so not a very significant amount. Disorderly conduct by 47 and a half decrease. And then we did see a 40 percent increase with vehicle crashes with injuries. Hit and runs, we saw a 29 percent increase. In assaults, that increase from the 18 to 31 was a 72 percent increase. And then a shoplifting increase by 61 percent. Now, I can't answer for all of those. We do look when we see a significant increases. We try to go back to see if there's any correlation we can make, or things that we could do to try to bring that number down, or put attention to those things; or understand why they went up. So like, the shopliftings, Target is very good with their loss prevention, at reporting shoplifting thefts. And they get hit pretty good because they're a large department store with a lot of electronics. So they'll usually report when they get them, they might have two or three when they do report it, at one time. And a lot of times they turn it over to us when they find. So some of that we did see some increase with Target retail shop thefts, with electronic devices over the last year. And then we'll move over to major crime indicators. And so these are crime stats that include arson, assaults, burglaries, homicides, motor vehicle thefts, robberies, sex violations, and thefts. So I think it's important here to kind of let you know what you know, each of these entail. Because some of them, even for me, it didn't make sense what some of them do until like a burglary. But arson, that one's pretty self-explanatory, includes any intentional or suspicious cause of fire for residential or businesses; or the attempt. So that's the key in this. This also includes attempts for any of these crimes. Assaults will include any simple assault; any aggravated assault; this will also include any domestic violence assaults; any stabbings, shootings, or attempts of these crimes. Burglaries include business and residential, as well as any attempts. Motor vehicle thefts include stolen vehicles and stolen vehicle attempts. Robberies include armed robberies; strong-arm robberies; car-jackings; and attempts of these crimes. And then theft is TOWN OF FOUNTAIN HILLS Page 14 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 14 of 50 probably the biggest one because it encompasses so much. It includes thefts from vehicles; thefts from residential and businesses; shopliftings; any attempts. So some of this numbers, the data, we all know how data can sometimes be used. And it's not necessarily used in an attempt to make it look bad or make it look good. But sometimes human error can play in there. Not even human error, but deputies a lot of times, the way this data is being collected is how a deputy clears a call for service. So if a deputy has a package. He gets a report of a package that was stolen off of a porch of a property, that in theory, is a burglary. Someone entered a residential property to commit a crime. But some deputies may call that a theft, from a theft and not a burglary. So you can see how maybe it could be reported different; a burglary, rather than a theft. And we work hard to make sure that the deputies understand those things but it happens. All right, so the major crime indicators for two years, the two-year comparison, we see thefts in 2021, 199; in 2022, 175. And again, that includes all those things that theft incorporates, the theft from vehicles, the theft from residential and businesses, shopliftings, and attempts. So and that also includes the -- we saw a pretty significant rise in, and not just Fountain Hills, but the valley; of -- lost my train of thought there. Of the thefts from the vehicles; the -- I don't know why my mind is slipping on that one. The exhaust piece, I can't think of -- catalytic convertor. I don't know why I couldn't think of that. Yeah, so we saw a significant increase across the state, not even just the state, across the United States in those. So that played some role in there. But the numbers were still down for 2022. Assaults were pretty even, 98, 99. Burglaries, that's where we saw an increase from 50 to 77. And then motor vehicle thefts, pretty close, so a small decrease. Sexual violations, a little bit of a drop-off there. Robberies, those numbers were the same, two and two, very low numbers. And thankfully, homicide and arsons, we saw zero. So that chart at the bottom just kind of shows that, and the bar graph, it's not super crisp to see, but it just gives you kind of a visual. What I will say, and then this gives major crime indicators by month. So this tells you major crime indicators include, tells you all those things that it includes, and it shows you a combined total month-to-month, of how many of those we had. There's really not a pattern there. It kind of goes up, comes down. There's no significant pattern there. TOWN OF FOUNTAIN HILLS Page 15 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 15 of 50 And then major crime indicator takeaways, thefts have decreased by 12 percent; assaults have remained consistent; burglaries have increased by 54 percent. Again, that number -- that percent sounds large, and I mean, it is the change but it's 50 to 77. And motor vehicle thefts have remained consistent from 31 to 29. So there were some things and not being able to address some of the -- I've had my presentation for a couple of months, we've had a couple of busy agendas here. There have been some topics of conversations that have come up that have if I would have been doing the monthly presentations, maybe we would have addressed. And looking at the stats, you know, you don't always see the things that maybe people have reached out to MCSO on or the council. But one of the things that I -- when I was looking through these, we did look at you know, there was a large topic of conversations of the group homes, or the rehabilitation homes. And we had a lot of emails from residents. And there was a lot of communication of just you know, have you guys seen an increase in calls for service for those? And I just thought with doing this, and I know we've already kind of moved forward from that. But when we looked at that, from law enforcement data, in calls for service that we had, we didn't see any significant increase in numbers. In fact, we didn't really have any calls for service that were identifiable to the properties that were shown. Now that's not to say that there were things that happened that weren't reported to law enforcement, that's just speaking on statistical data that we had for that. So I just wanted to bring that up if there were any questions on any of the things that I talked about today, or any crime statistics, or things that maybe I didn't hit, that you had interest in, please ask. MAYOR DICKEY: Yes. SPELICH: Thank you, Madam Mayor. Thanks, Cap., as always. Do we track aggravated batteries of police officers? KRATZER: I could get that data. We do track it. It's usually low enough in Fountain Hills, that it doesn't hit on the radar of top 20 calls or -- it would be included in that assault major crime indicator. But I don't have that number readily available for Fountain Hills, what it would look like for the last two years. I know we've had a couple. SPELICH: Just interested. TOWN OF FOUNTAIN HILLS Page 16 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 16 of 50 KRATZER: Yeah. SPELICH: Something that I would like to be addressed by you in the future, after the break, is if you could touch upon how many registered sex offenders live in Fountain Hills. If you could also touch on the policy of MCSO of checking for address checks of the residents of sex offenders. How many arrests we make of people that are in non- compliance, who are registered sex offenders. So I'm kind of surprised at the number, just doing some peripheral research that -- of sex offenders that we have in town. So if you could maybe put a report together, I think it would be something that the residents might be interested in knowing. I think everybody should look and see where they live and see who's living by them. So if you could look into that? KRATZER: Yes. SPELICH: And kind of give us an idea. I know in Chicago, we would do resident checks every six months, to make sure people are in compliance. I don't know what it is here. And we also would make arrests. KRATZER: Yeah. That's something we could do. I can work with the town manager on maybe how to maybe get that to the council or you know, timeframe. I will tell you that at the district level, we don't have a lot of direct involvement. We have a unit that handles that. And I'm sure I can get that information from them. And I'm sure they have resources that can tell them by zip code and area, where they are. And then, also answering how many times that they do the address checks or the registration update checks. SPELICH: Great. Appreciate it. What I wanted to address to is, I waited for this to talk to you personally. I received a couple emails bashing me for running down law enforcement. So I don't know if the people before they sat down at their computer partaked (sic) in smoking some of the devil's lettuce, because anybody that knows me, knows that I am a huge supporter of law enforcement. So where they got this from, they thought that I called into question, because I asked for an audit of the MCSO contract, and what services you're providing the town, what we're paying for, and making sure we're getting what we paid for. So let me clarify, which I don't think I need to clarify to you, or to the men and women that are assigned to Fountain Hills, I'm not negative law enforcement. By me requesting TOWN OF FOUNTAIN HILLS Page 17 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 17 of 50 that we check, because it's 50 percent of our budget. So I would think that when we're spending that much money on law enforcement, that the residents would want to know, we're getting what we're paying -- what we get paid for. So I hope you didn't take my comments and thought that I was running down MCSO. It's important to note that the men and women that serve, as well as you, don't have anything to do with the contract and the servicing of the contract. That's done by command staff, down in Phoenix, and the sheriff himself. So I want to make it perfectly clear that I respect, I love, and I support everybody in law enforcement. And especially, the people that work here in Fountain Hills. So I didn't want my message to be taken out of context or spun. The problem that I have is I believe that we're paying a lot of money and spending a lot of our tax dollars, and I want to make sure we're getting what we paid for. KRATZER: Council member Spelich, that's completely understandable. I think the men and women of law enforcement feel very supported by you and the council, as a whole here. And as far as I know, we've not had any feelings of the opposite of that. And regardless, you know, questioning the contract, or the due diligence with this core responsibility, the deputies totally understand where that comes from. It's out of their reach and their control. And I don't think it slows them down one bit. So thank you for that. SPELICH: Yep. MAYOR DICKEY: Questions? FRIEDEL: I have a question. MAYOR DICKEY: Yes. FRIEDEL: Thanks for the report, Captain. It was very enlightening. Can you comment on the increase in burglaries? Is that more crime of opportunity or what are your thoughts on that? KRATZER: Yeah, so we looked at that just to see because there was a noticeable increase there. And that's essentially what it looks like. There was no trend or pattern of you know, time of day, or day of the week that it was occurring on. It was pretty sporadic. And most of them did appear to be crime of opportunities. We didn't have any you know, major residential burglaries that resulted in high value -- I don't want to say TOWN OF FOUNTAIN HILLS Page 18 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 18 of 50 we didn't have any, but these weren't those. These were more of, you know, and I can't speak -- generally speaking on all of them, because I'm going to put them all into one shape that they don't fit in. But yeah, they did appear to be more crime of opportunities and not necessarily, any trend or pattern of this is the place, come in. And what I will say is, I don't know how you guys took this report, but if I was a resident of Fountain Hills, I'd be very pleased to live here. I think the crime stats are extremely low. Especially, when you compare Fountain Hills to the rest of the valley. I mean, it -- I'd feel lucky to live here and live in a place that had such low crime stats. Especially, violent crime stats. And you know, I know the property crime stats are unsettling, but even those, when you put them in you know, relative -- they're pretty low per population. MAYOR DICKEY: Thank you. Any other questions or comments? KRATZER: And I'm sorry, Mayor. I did have one -- MAYOR DICKEY: Oh. KRATZER: -- additional thing that I needed to advise you on, that was separate from this. And it'll just take a couple minutes. You may have some questions on it. But I think it's important to let the council know logistically, with MCSO, I'm afraid to say this now, with Council member Spelich -- no. But this is something that the council should know. There has been some logistical changes within MCSO and that's regarding the detectives that were at every patrol district. So each patrol district, we have seven of them. We are called District 7, Fountain Hills Rio Verde. We have six other ones. District 1 in Mesa, District 2 in Phoenix, District 3 in Sun City. You know, we have seven of those. We each had our own unit of detectives at our district. And those detectives were responsible for the investigations of any crimes in that district that were beyond the scope of a patrol deputy. So something that may take a little bit more work to investigate. And they were also responsible for being called out after hours and investigate any serious crimes. So those detectives were housed here. We had three. The town pays for three full-time detectives. The agency made a move. It was supposed to -- I think it was -- the goal was this fiscal year, so July. They made the move a little bit early. All of our detectives from the patrol districts have now been centralized and housed in the downtown Phoenix area. TOWN OF FOUNTAIN HILLS Page 19 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 19 of 50 They're under now one unit, called the General Crimes Division. And that division is now responsible for east and westside. And all of the detectives are now housed there. So if we have a crime here that would be sent to a detective, typically before our patrol district detectives, it will now be investigated by them, there in Phoenix. And then, if there's a response that's needed, they would respond. The eastside crew would respond here for persons crimes; fraud crimes; basically, they're broke down by persons and property crimes. So you know, I'm not trying to sell you all the bad parts of this because what the glaring effect of this is, is that we lose the three deputies that were housed here, that we were able to sometimes utilize if there was a bigger call for service, or an incident that occurred, they were here. They could respond. What we gain from this new centralized unit is more expertise that's more in-line with what the standard is in law enforcement, in some of the major, valley cities. Now we differ quite a bit from the other city agencies because we service a bunch of different areas in Maricopa County. We're not just you know, the city of Mesa, or the city of Phoenix. But one of the areas and one of the selling points of this is that those detectives are getting a lot more individual training for their area of expertise. So now they don't have to be good at investigating three or four different types of crime. They focus on the persons crime or the property crime. And one of the things we're seeing and one of the reasons they went to that, was the identity theft cases that we're seeing a spike in and the specialized investigations that come with that. So they have a whole unit down there for identity thefts. A lot of times those were ones where the district detectives, it was a little bit out of their realm of understanding. Anyways, so I'll -- I just wanted to let the council know that move was made. That the agency did go to that. And so you know, that'll be something that if there's further discussion we need, whether you know, it's off the record, or with the town manager, we can have. MILLER: Well, I would add this to the top of the list of something we want in the new IGA, to have it back. Because I do think, as a small community, having those bodies TOWN OF FOUNTAIN HILLS Page 20 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 20 of 50 here, they're bodies that can be reallocated for other uses. I get the idea thinking from a centralized standpoint, it might create the synergy and efficiencies. But I can see from our standpoint, as a small community, I think it would be -- we're losing three bodies. So I think that's something we should consider trying to get back. SPELICH: I sure wish you would have said that before I went into my -- my -- it doesn't change my opinion of MCSO. I know that decision wasn't made by you. I'm sure it was made by a big boss, who has no idea what he's doing, and has never spent any time being a detective. So now here's what I'm concerned about, I'm concerned about what our clearance rate is going to be. So for people and residents who don't know when a detective is assigned a case, to see that case all the way through, either to an arrest or the case is closed, that's called a clearance rate. So what I would be concerned about is because of that happening, the clearance rate plummeting. I don't know what the clearance rate is right now. I think you told me a while back what it was. So I would be very interested to find out, since this move has happened, when we had three detectives assigned to us, what was their clearance rate? And how we can track it? I think I -- boy, why weren't we consulted since we have a contract? You're not going to know the answer to that. I don't even know why I asked. Like I said, when you have these people in the ivory tower making decisions like that, that affect a small community like us, it doesn't make any sense to me. KRATZER: And if I could, Council member Spelich -- SPELICH: Yeah. KRATZER: -- that was probably one of my biggest concerns, was the -- maybe the responsiveness of -- and the service that maybe a resident here in Fountain Hills gets with a detective when they were here, and they were housed here. It was easy for me to be over that case, or get a call from a resident and look into it with my detective. And that can still happen, I just -- you know, I want to ensure, and we can definitely track case clearance, and ensure that. I think they're going to need a little bit of time, because it's been about a month and a half, two months. There's probably not been a whole lot of clearances of cases, I would say, yet. So maybe we give it six months, when we start doing a comparison. TOWN OF FOUNTAIN HILLS Page 21 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 21 of 50 But what I was going to say is, just also that responsiveness. Ensure that that's still there. That people can reach out to the detectives and have that same level of ownership of the investigation by a detective who you know, doesn't work here. There was something to be said about a detective working here, being assigned here, with ownership of a case. And I'm just hoping we don't lose that in the transition. But to the town manager's point, I know that there's some negotiations going on and that might be the time to broach that topic with executive command. SPELICH: So are the three detectives that we lost, even though they went into the -- would you call that the general assignment pool? KRATZER: Yeah, general crimes unit, yeah. SPELICH: Okay. Those three detectives that we lost, that are now downtown, do -- those three detectives still going to handle things even though they're downtown specific to Fountain Hills? KRATZER: No, it's going to be -- it'll be whatever detective is assigned on that unit, who gets the case from here, would be. So those three detectives would no longer have just ownership to Fountain Hills. They would be for the east side if they're assigned to the east side. So District 1, Lake Patrol, and Fountain Hills. So it would be whoever gets it. Whoever's on call and whoever is the case agent, and it could be different, quite a bit. SPELICH: I hate to say it, but I think this is, this is not going to be -- not going to be good. MAYOR DICKEY: I don't know that this is the place to have this kind of a conversation. This is obviously, technical and you know, perhaps getting a detective who's an expert on the particular crime or whatever investigation is happening here, so I think this is something, since we are in this transition, looking at the audit, looking at new negotiations, that that is obviously, something that we will look at going forward. But trying to get to the ins and outs right now of this, and make judgments on it, may be -- I'm not comfortable doing that right now. Obviously, it's a change, and it's something that I'm glad that we know about going forward. And we'll make sure that as always, we are well served by MCSO. Again, we haven't had this type of a study in the last maybe two years, but we were the safest zip code in the valley. And we were getting that for the least per capita, and the least per TOWN OF FOUNTAIN HILLS Page 22 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 22 of 50 square mile of any city or municipality town, in Maricopa County. So I think that these are all items that we will look at going forward. I want to thank you so much because I know recently, there were a missing person and some other things going on in town. It's so reassuring to see all of you there in the neighborhood and you know in town. And solving that and others that I'm aware of. So I really appreciate all your attention. And does anybody have any other questions or comments? Thank you so much, Captain. Take care. KRATZER: Thank you. And Justin (ph.), I'll yield the rest of my time. MAYOR DICKEY: Thank you. Next is our call to the public. Do we have any speaker cards? TOWN CLERK MENDENHALL: Yes, Mayor, we do. First we have one written comment, from Jennifer Nelson that you received at your stations. And then we have eight who are here, who put in a request to speak card. First, is Jacquelyn Underwood. UNDERWOOD: Hi. Thank you. Actually, my name is Jacquelyn Schlum Underwood (ph.). I've been a resident of this town for 45 years. It's breaking my heart to be here right now. I am so disappointed in this. My husband retired after 32 years of being a Phoenix police officer. He started spending more time at home and he said we'll take on a project. We'll expand our back yard. January 28th, I wrote a letter to the town, saying I have -- oh, I'm sorry, I got a survey done and I found I had a bunch of easements. January 28th, I wrote a letter to the town and said, how do I get rid of these easements? Time went by. March 9th, I called again, how do I get rid of these easements? And Farhad answered the phone. And I said, I wrote you an email on January 28th. He confirmed, yes, I have it. Sorry I have never called you back or replied. He sent me the instructions on how to remove the easements; not an easy task. I had to write eight letters to eight different utilities; pay each of them a fine or a fee of usually $50 to $100. I complied all this, got my survey done, paid to have my own survey. Wrote a couple questions to Farhad, no answer. So I stopped in one day. I said, I'll just ask him. I walked upstairs. There was a woman standing at the desk, no greeting. I had my stack of papers. I said, I think I need to turn these in. Her response to me was, we don't take those here. So rude. I said, okay. Can I speak to Farhad? I want to make sure TOWN OF FOUNTAIN HILLS Page 23 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 23 of 50 I have everything. She said, you need to submit this online. Okay, I'll do that. Can I speak to Farhad. She went and got him, brought him back. And he said -- he was very nice, he went through all my documents. He said, I had everything in sight. I just need to submit online. Oh, and don't forget to pay the $750 fee to remove the easements that nobody wants on my property. So I went home, took care of that, paid the fee, submitted everything. What do you think I've heard from the town? Crickets. Nothing. This town deserves better service, not only from the town employees, but from you guys. These mass meetings were embarrassing. They were so unprofessional. 45 years I've sat here. I've never had to do this. And I thought, there was a time when we didn't have to do this, 2003. John Bideler (ph.). You want to know what happened to him? He was recalled. Shape up. We need a new change, now. MAYOR DICKEY: Next? TOWN CLERK MENDENHALL: Next is Liz Gildersleeve. GILDERSLEEVE: Good evening. I wanted to congratulate you on the legacy you'll be leaving for Fountain Hills. Thanks to your passage of the recently watered-down version of the sober home ordinance, that you voted on and passed in May. Perhaps you are already aware that local realtors, such as the one who's marketing a new construction build on Fountain Hills Boulevard, are already touting the possibility of a sober home to prospective buyers. So congrats. The word must be getting out now, just as we warned you it would, that Fountain Hills, is officially a sober home destination, an easy mark, thanks to your weak ordinance. I'm sure the families that live near the Fountain Hills Boulevard new build location, will be thrilled with the news. You could have been bold. You could have been brave. But you chose to side with the sober home and detox industry. You told us, in part, it was because you feared lawsuits. But apparently the recent $67 million lawsuit, filed last week, against the town, from the Park Place developers in Maricopa County Superior Court, is now big deal. Regardless of the outcome -- and I hope it works out; but regardless of the outcome, where was that same boldness and tenacity that I watched you all display in the face of the Park Place developers, during the sober home discussion? We would have cheered to TOWN OF FOUNTAIN HILLS Page 24 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 24 of 50 see you defend your fellow residents and adopt the planning and zoning, reasonable ordinance recommendation. Instead, moments after the sober home vote in May, residents watched Mr. Magazine -- unfortunately, he's not here, go down into the audience and shake the hands of the Fountain Hills Recovery owners. Did anyone seek out Ron and Maryann Sampson (ph.) after your May vote? You might remember the homeowner who during her call to public, tearfully, and genuinely described what it was like living next to a sober home. Instead, Mayor Dickey, incredibly, you equated the Sampson situation to living next door to a barking dog. The lack of empathy was stunning. Again, well done. Our town can only hope the upcoming election will bring much needed change to this room, and a new council that will fix the problems you've thrust on our community, starting immediately, with amending the sober home ordinance. Thank you. TOWN CLERK MENDENHALL: Next is Bart Shea. SHEA: Ironically, the developer she was referencing. So eight years ago, I came to town, there was a patch of dirt in the middle of it. And I got talked into developing the entire patch of dirt. Nine different development agreements were scratched over that piece of dirt. Not one of them ever came to fruition. Nine different development agreements were agreed to by the town. We could never get financing on. They could never build anything on. They couldn't do anything on. So after two years, we negotiated a development agreement; got a little bit backed up on some stuff, couldn't get the thing done in time. Actually, we could've achieved a permit and not been timed out. Ironically, I was informed this morning, during a court case, that the town has elected to determine the development agreement has expired. And they're going to have no further review of the plans, which means it's a complete do-over on the thing, if it goes through. So the town could have issued an at-risk rating permit, like they did for the past two projects; they didn't. That would've kept it from getting timed out. The town granted approval in both phases, to complete the grading prior to the building plans. This was a staff decision, or a council decision. Either way, it was the cause of this delay on it. TOWN OF FOUNTAIN HILLS Page 25 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 25 of 50 These are part of the agreements the town delayed through staff, imposing unneeded conditions. In other words, staff decided the development agreement was not relevant and that we needed to follow the 2020 vision plan, which was created in the development agreement. In evidence by the council asking, which one was governing this parcel? The town was walking away from a lot of little things. So the town is literally walking away from 2.6 million dollars' worth of infrastructure, that I was providing, paying for, on town property. That being the completion of the Avenue. Which at this point, is going to stay just like it looks, right on the street. Even if I build the project at this point, without the development agreement, I'm under no condition to go improve that. I don't have to. That was a gift. The Linear park, from the Centennial Circle, which was the final connection to make the circle for downtown, that's no longer a requirement. That was only a requirement inside the development agreement. This council has decided that that no longer needs to be there. So even if I go build the product on there -- without the development agreement, you don't get the Linear Park. You weren't paying for it, I was. The town parking lot, the extra parking, that doesn't go either. All the arguments over how many spaces are going to be there. And John's (ph.) confusing concept of how it has to go, that's no longer there either. Again, it's $2.6 million. If the town wants to complete, they have to come up with it in budget. They're already $60 million in the hole for street repairs. But you're going to come up with 2.6 to finish downtown? Now the town's walking away from parking stalls. Your uses of the avenue will only be accessible will only be accessible from the avenue. So if we don't build the product that was designed, implemented, and put in for permits on and approved by the town council, from this point forward, the avenue, the fountain, can't be closed. In other words, no more fare, no more great fare, no more clothes and swarro [sic] on the avenue. DICKEY: Your time is up. SHEA: Thank you. TOWN CLERK MENDENHALL: Next we have Bridget Muellner. Hopefully, I said your name correctly. MUELLNER: I was interested in your -- all the people that you had -- that you met with, TOWN OF FOUNTAIN HILLS Page 26 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 26 of 50 Botswana, and all -- I just want to know where you had lunch. FRIEDEL: Up at Adero Canyon. MUELLNER : Of course. I can't even imagine how you ended up picking all that. But anyway, the reason I'm here and good evening, everybody. I understand the council took out liability insurance for sober living homes. But didn't include the responsibility of the house manager on the premises. I wanted to know why that decision was made? Why not have the responsibility of the house manager on the premises? I wanted to know about that. That's one of my questions. Don't want to put you on the spot. I also wanted to have clarification of the number of people allowed in sober living facilities in Fountain Hills. How many people are allowed in these facilities? I imagine that depends on how big that is. But is there a cap on these houses in this town? I mean, how many are we going to allow here? MILLER: If you don't mind, because you're asking a lot of questions, this item, under state law, is not agendasized [sic] for full discussion. MUELLNER: Oh. MILLER: So what I will do, we do have the department director in the back. I don't know if he brought business cards, but he can certainly answer all your questions that you've asked at the podium. So if you don't mind, he will get your information written down. Shawn (ph.) do you need a tablet? I have that if you need it. MUELLNER: Okay. I do have couple more points, if that's okay. Can I continue? I also wanted to know if parking of the residents, staff, and visitors, has ever been addressed, at these assisted or sober living houses? Next door to me, at -- I don't know if I can say the address. Is that all right? Maybe not? Okay. On Fountain Hills Boulevard, next door to me is -- at the new build, on the description, there was a assisted living put on the description, which they've since taken off. But they were going to have an assisted living there I guess, at some point. But I guess, apparently, because of the footage, 1200 foot, they're no longer going to be able to do that. But I just wondered, because it's a boulevard and parking would have been an issue on the boulevard. And I just wondered what made them think they could go and do that? Time is up. MAYOR DICKEY: We'll get back to you. There's answers for probably all of that and TOWN OF FOUNTAIN HILLS Page 27 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 27 of 50 more, so thank you. MUELLNER: All right. Thank you. TOWN CLERK MENDENHALL: Next we have Dominic Cirone. Hopefully, I said your name correctly. CIRONE: Very good. I kind of feel a little like a fish out of water, because I've got nothing bad to say tonight. Good evening, my name is Dominic Cirone and I'm here tonight to pass on my thanks. I'd like to recognize the staff at the community center for the overwhelming success of Joe Arpaio's 90th birthday celebration. From start to finish, Jennifer Lyons and her staff excelled in preparing and executing the event. With more than 250 people in attendance, with many VIP's, the staff performed remarkably well. From the setup, to the patriotic decorations, the electricity generated by the event will certainly circulate through Fountain Hills, and the surrounding communities. Joe's birthday celebration will help Fountain Hills and the community center, to be in the spot light for other spectacular events. We have a gem of a facility and the staff that can help bring other meetings to our town. Fountain Hills has everything right here for what it takes to become a leader in the event planning marketplace. I've been coming here for 20 years and I couldn't be more proud of the community center and the city council for helping to showcase this event. Thank you for all those involved, in making this happen. Joe Arpaio’s 90th birthday party is one that most people won't soon forget. Thank you. TOWN CLERK MENDENHALL: Next we have Lori Troller. TROLLER (ph.): Good evening, Mayor, Councilman Grady. I'm Lori Troller, resident. 5G is my topic and hopefully, you guys had a chance to read the 18-page article I left in your mailboxes. And I literally tried to email that for ten hours, didn't go through. Sorry. But that's where I'm going to start, with the assumption you guys now know exactly how dangerous and the death and disease that this type of radiation causes. And so the public knows, I'm happy to email anybody would like that information. Or you can contact Bob Burns in the back. He has a copy of the same letter and he can publish that. I'm sure he's happy to. And I also promise, it's written very simply, if you are scared of the technology and what it is, it's very simply written, you'll understand. TOWN OF FOUNTAIN HILLS Page 28 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 28 of 50 So Mayor Dickey, we all understand safety is your utmost concern, so I'm hoping you can look at it in this light, because this is a little different. And I'm asking for a special session to be scheduled during your vacation -- sorry -- to get this ordinance done and in place, because the timing is critical. 5G is -- the 5G rollout is well underway. And we need to get this in place before we have towers starting to pop up in our yards. They've already converted a few of the towers that they do own in the town, the churches, and in the school. And I know everybody's seen the one at Palisades and Shae. We are about to be drenched in this 5G radiation. So looking across Arizona, Fountain Hills is one of only a handful of places that don't have what's it called? It's called a small cell ordinance in place. And without one, first of all, the aesthetics of this town is going to be dictated by the telecommunication companies. The reason for that is, it takes over a 100,000 5G antennas to cover the area of Fountain Hills. So just imagine driving up Golden Eagle, and seeing a straight line of fake cactuses in every third yard. It's not right. And second, the importance of not living in 5G radiation. So your proclamation you just made, for the parks, so health and wellness, improves physical and mental health, cognitive performance, well-being, alleviating illness, depression, and increased property values; 5G radiation's going to destroy all of it. So April's about to present the legality of what we can include in our ordinance. So please take her information and let's put this in, in the next two weeks. Thank you. MAYOR DICKEY: Grady? MILLER: Just a point of correction, Lori. So I did send you -- we did have a small cell wireless ordinance in a couple of resolutions that were passed in 2018. And it was based on the Leagues model ordinance that all the other cities pretty much followed. So we do have it in place and I did send you an email, just before this meeting. TROLLER: Oh. MILLER: With the copies of that, so that you can take a look at it. But we do have regulations following state law. Because in 2017, I believe it was -- TROLLER: Uh-huh. MILLER: House bill 23.65 passed, Governor signed it into law, and it pretty much TOWN OF FOUNTAIN HILLS Page 29 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 29 of 50 requires cities and towns to not put up any obstacles to 5G coming into their communities. So but we do have regulations that we were allowed to adopt. And so we do have some in place. TROLLER: Okay. MILLER: But nothing that would prohibit it from coming into town. TROLLER: Yeah, well, there's -- April will get on to that. We can do something about schools, sorry. And there are some towns that have done in the residential area, but she'll get into that. But thank you. MAYOR DICKEY: Thank you. TOWN CLERK MENDENHALL: Next we have April McCormick. MCCORMICK: Hi. Good evening, all. So I have dealt with this extensively for years. Everywhere I have lived. And that's been California and Hawaii. I'm now here. I'm renting from North Carolina. I've been a planning commissioner for a 500-square-mile county. And I know way more about this than most people do. I know that the House 23.65 was based on the FCC's Federal order of 2018. And the fast-track order, you know, really limiting what you can do. However, multiple municipalities all over the country have taken a little bit of what they still can do, and crafted that into a masterfully restrictive ordinance, to protect residential property values and the aesthetics of their community. What the FCC order still allows you to do, is to control the aesthetics of your town. And while we're talking about aesthetics with the antennas, what that means is, the location, the height, the setbacks, and one other thing. I can't remember it off the top of my head. Yeah, the density, right -- the spacing between them. So when these restrictive small cell ordinances are passed, basically, a location is laid out, per zoning district. So the first time I became aware of a unbelievably awesome 5G ordinance, was Mill Valley, California. And as soon as they adopted that, I called the planning director; I called the attorneys; interviewed absolutely everyone that I brought to the city of Oakland, California. We did a massive citizen education program, massive email campaign, petitions with hundreds of thousands of residents. And it was to the point where we just couldn't do nothing anymore. And so Mill Valley broke it down into most desired district. You know, heavy industrial, TOWN OF FOUNTAIN HILLS Page 30 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 30 of 50 light industrial, commercial, mixed-use. Residential was off the list. And when House bill 23.65 was introduced, Yuma pitched a fit and became exempt. And Fountain Hills, having no street lights whatsoever, and being a dark sky community, could have done the same thing, I believe. I'd like you guys to go back and try to think about doing that. But while it's in place now, what you can do is you can do an urgency ordinance, which gives you 45 days, to look over three different ordinances that I've supplied to you today, that do just what I explained. 1500 feet apart; they can go in every other zoning classification besides residential; and you're doing that because aesthetically, it'll change the town forever. Let me tell you why you don't think you have a problem yet. When a carrier comes in to do a application, they're getting what's called a batch permit application. That goes to public works, not to you. And that's 25 antennas, per single application. At that point, it's too late, you've lost all control and they're never coming down. Even when you adopt an ordinance, they don't ask permission, they ask forgiveness. In Oakland, we had them prohibited in the historic district. Well, one night, at 3 o'clock in the morning, people out in the historic district, we're awakened -- were woken up out of a dead sleep because 5Gs were going on the utility pole outside of their home. The next day, myself and the council members amassed, called the number on the box, and some third party won't even tell you what carrier that was for. It's impossible to get them down once they're up. And you completely, by doing nothing, you are the lowest hanging fruit, with a complete carte blanche. The ordinance is the most permissive thing I've ever seen, and it can be modified. Mill Valley's ordinance is 108 pages. I gave that to you today. Multiple municipalities, all over the country are just copying it verbatim. It has stood up to challenge. And I would ask that you please put this on the agenda, to discuss an urgency ordinance. And if you view the three different ordinances I gave you today. MAYOR DICKEY: Thank you, ma'am. MCCORMICK: Thank you, so much. MAYOR DICKEY: Thank you. TOWN CLERK MENDENHALL: Our last speaker is Dori Wittrig WITTRIG: Mayor and council, my name is Dori Wittrig. And this evening I just wanted TOWN OF FOUNTAIN HILLS Page 31 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 31 of 50 to mention a few things about the Park Place and development, which is now a lawsuit development, I understand. But it's been an interesting period of time, to see how this whole process has unraveled. And I won't pretend to know all of the details, I don't. It depends on whether you're a not in my backyard kind of person, or one who believes in progress and quality growth, as to which side you might be on. And there are a lot of in between. I've been selling Fountain Hills since 1985. And always the completion of the downtown has been a very big bone of contention for our community. It's even more so for those who come here and see a lot of vacant land and weeds. It's easy to forget that in 2022, how ugly this downtown was, prior to the Phase I of Park Place. It's even easier to forget the immense amount of risk, and effort, and capital that it took for Bart Shea to get Phase I off the ground. But he did it, and completely transformed our downtown and our community. Some like to quibble about building colors. But in the grand scheme of things, Bart brought hundreds of people to our downtown, which supported our businesses, which in turns supports the rest of our community. Our downtown is now a place of pride and enjoyment. It's easy to throw darts at most developers. And Bart Shea is no exception. He's a very bold personality who doesn't hold back his considerable opinion. You have to be bold to take the risks he has taken. But no one seems to give him credit for the many other, many, many, thousands of dollars he has donated to this community for items like the musical instrument park, the community garden, the community theatre, and many, many, other efforts, that he just writes a check for. Currently, he's ready to donate $30,000 to the fountain of light sculpture, to build the base, because he cares. I've been embarrassed at times, for our town council, for the way you have talked down to someone who has made such a dramatic difference to our community. None of you sitting here, or very few others ever, have made such a large contribution or impact in our community. I feel you have been no less than professional and have not taken into consideration the mountain of challenges there are to the development process in 2020, and '21, and '22. It has been horrendously difficult the last couple of years. And you've also made that process more difficult for him. TOWN OF FOUNTAIN HILLS Page 32 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 32 of 50 And now you risk losing the Linear Park, the walkway, which would be the completion of the avenue of the fountains, and the final stretch of the sidewalk and the landscaping, and the parking building that would give us 70 other public parking spaces. And all because you don't like the personality before you. And I realize that there are other technical issues, but from the outside looking in, the way you have behaved, you've really taken a personal vendetta against him. I encourage you to reconsider and work this out. And you will also be walking away from $500,000 in TPT taxes, and $6 million in bed and sales taxes, over the next seven years, which would have done much to improve our roads. Please let's work this out. MAYOR DICKEY: Thank you. Any more cards? TOWN CLERK MENDENHALL: No, Mayor, that's it. MAYOR DICKEY: Thank you, so much. SPELICH: Grady, can we ask John (ph.) to meet with Ms. Schlum at the back of the room? MILLER: That was going to be at the top of my agenda in the morning, because we do have her contact information. So thank you. MAYOR DICKEY: Thank you, David. Next we have our consent agenda. Unless you'd like to take something off, I can take a motion, please. SPELICH: Madam Mayor, if I could ask to be the consideration for the approval of the six-month's extension. If it could be removed and voted on separately? MAYOR DICKEY: Oh, sure. Let's see. So what do I do, just say that we have all those items except that one? ARNSON: Yeah. Seek approval -- move for approval of the consent agenda except for item B. MAYOR DICKEY: Move for approval, okay. And then that will be the first item. Okay, motion please? GRZYBOWSKI: Which one are we not approving right now? B as in boy? MAYOR DICKEY: Yes. GRZYBOWSKI: Okay. Move to approve all of the consent, minus B. TOWN OF FOUNTAIN HILLS Page 33 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 33 of 50 MAYOR DICKEY: Thank you. SPELICH: Second. MAYOR DICKEY: Thanks. All in favor, please say, aye. ALL: Aye. MAYOR DICKEY: Thank you. So this will become our first item, item B -- six-month extension for Saguaro and Shea. Grady? MILLER: I'm going to have Farhad go ahead and speak on this. TAVASSOLI: Yes, Madam Mayor, members of the council, hello. As you see before you, the agenda, the applicant is requesting a six-month extension. I have asked the applicant to attend, to provide the reasoning for that extension request. But if you have any questions for me, before I ask him to assist, please do. FRIEDEL: Correct me if I'm wrong, was this subject to a traffic study of some sort? And where are we on that? MILLER: My understanding is, it is subject to a traffic study, particularly the council at the time, expressed concerns about ingress, egress, at that location. And however, the way it was left, is that it would be subject to approval by the town engineer, who would typically do these types of evaluations for traffic study. So it'd be administrative, at that level. TAVASSOLI: And if I may add, Mayor, that is to come with the site plan submittal, when and if that does come in. MAYOR DICKEY: Thank you. David? SPELICH: Madam Mayor, I didn't mean to cause any confusion with this. It just would be hypocritical of me to approve an extension when I didn't approve the project to begin with. So that's why I wanted it separated out. I'm not for the extension. I'm not for the project. So that's why I didn't want it included in the agenda. I didn't mean staff to get thrown for a loop or anything. I just want to be consistent in my voting. MAYOR DICKEY: Thank you. So can I get a motion please on this? It's on page 119. GRZYBOWSKI: Move to approve a six-month extension to the special use permit, to allow residential uses at 9637 North Saguaro Boulevard, for a maximum of 17 dwelling TOWN OF FOUNTAIN HILLS Page 34 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 34 of 50 units, subject to the stipulations approved by council on December 7, 2021. MAYOR DICKEY: Thank you. Is there a second? SPELICH: Second. MAYOR DICKEY: Thank you. So we have a motion and a second. All in favor, please say, aye. ALL: Aye. MAYOR DICKEY: Opposed? SPELICH: Nay. MAYOR DICKEY: Thank you. So, I think that means, we don't have four. Or is that a majority of those who are here? Oh, okay. Thank you. ARNSON: Yes, Mayor. Majority of the council -- quorum of the council present, correct. MAYOR DICKEY: Oh, okay. Quorum is present, all right. MILLER: Yep. Um-hum. MAYOR DICKEY: Thanks, David. Appreciate it though. I understand. Our first item and only, or our regular agenda item is item 8A, repealing our resolution about a new fountain lighting policy. Rachel (ph.)? GOODWIN: Good evening, Mayor and council. I do have a presentation but in the interest of time, I know we have a lengthy secondary meeting. The -- if you may recall earlier this year, we presented a lighting policy regarding the requests for lights in the fountain. We had allocated a opportunity for the public to request that. However, since that time, there has been case law through our Supreme Court and at the recommendation of our town attorney, he is recommending an amendment to that to remove the public opportunity to request colored lighting. So the motion before you tonight is to modify our policy to remove that option. Essentially, what it would do is that public requests for the fountain lighting would not be accepted. And that all lighting would be at the authorization of the town manager or the direction of council. MAYOR DICKEY: Thank you. Do we have any speaker cards for this? TOWN CLERK MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. So everybody understand? Grady? TOWN OF FOUNTAIN HILLS Page 35 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 35 of 50 MILLER: Yeah, I just wanted to remind the council. I think about half the council was kind of leaning this way in the first place. UNIDENTIFIED SPEAKER: Yeah. MILLER: So it shouldn't sound as a surprise. And we've already kind of been following that. We've had council members provide direction to staff. For instance, we lit up in the colors of Ukraine, their flag colors on the fountain. And we've done things like domestic violence month and things like that. So I think it's going to be business as usual. The only thing is, is that we will be just removing the public component. And they -- certainly the public could always request something through a council member, then. And the council could then give us direction. But we're really saying that the policy as we know it before does not exist. MAYOR DICKEY: Thank you. Don't let anybody know that we like a mandate. But here's one that we're going along with. So can I get a motion, please? GRZYBOWSKI: Move to approve resolution 2022-32 as presented. SPELICH: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thanks Rachel, very much. Our next item is legislative items and normally, you know, we've been kind of rushing through these. Sharon, did you have anything that you wanted to say about it? There -- well, you know, we had a conference call with our consultant today. The budget, they got like eight days left. We had -- it's still up in the air, obviously. Senate bill 11.16 which is removes residential rental tax, which has a $500,000 hit on town of Fountain Hills. We're hoping that there was some language in the Wayfair bill, that's going to stop that from happening. But we just have to keep watching that short- term rental bill, not really what we wanted to see. Still a lot of back and forth on that. But if they come through with the budget, that bills probably out the window. But we will do our own. We will work on our own ordinance. We're going to move ahead. We're going to look at (indiscernible). We're going to look at parking, which has other ramifications. So look forward to that on a future agenda. TOWN OF FOUNTAIN HILLS Page 36 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 36 of 50 And then we had the medical marijuana one, which threatens to kind of undo what we did, when it passed. But again, that seems like maybe something that won't work because it goes against the voter protection act. So we will see how all those things come out. But I wanted to make sure that we mentioned them all. Any other conversation? Thank you. So we will adjourn this meeting. If I can get a motion for that. SPELICH: So be it. MAYOR DICKEY: Thank you. All in favor, say aye. ALL: Aye. MAYOR DICKEY: And we're going to get going with our joint meeting with our wonderful school board. Thank you, so much for coming. And we'll do some rearranging up here and we'll get you up here. And we'll have some good talk. [PAUSE] MAYOR DICKEY: All right, and we're going to get going here. So we'll call to order, and we're going to start with -- I will ask President Jenkins to introduce her members, please. PRESIDENT JENKINS: Thank you, Mayor Dickey. This evening from the school board, we have Dr. Wendy Barnard, Mrs. Jill Reed. I'm Nadya Jenkins. On this side, we have Mrs. Judith Rutkowski, and then Mr. Dana Saar. I would also like to recognize down below we have our current interim superintendent, Dr. Patrick Sweeney, and then our incoming superintendent, Dr. Cain Jagodzinski. UNIDENTIFIED SPEAKER: (Indiscernible). PRESIDENT JENKINS: And we also have our executive board secretary, Christa Andre (ph) in the audience. MAYOR DICKEY: Thank you so much. Welcome, everyone. We're happy to have you here, and I apologize, but we had some major travel plans with a couple of our council members, but believe me, they're very interested and be happy to share with them everything that we talk about here. So of course, we have Councilwoman Gryzbowski, Sharon. We have Councilman Spelich, Mayor Dickey, and we have Vice Mayor Gerry Friedel, and so the other folks -- we'll catch them up on what we talk about. So our first TOWN OF FOUNTAIN HILLS Page 37 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 37 of 50 item -- so yes, we're only here to discuss. We're not voting on anything. We just want to get together, you know, COVID -- I don't know when the time limit's going to run where we can't keep blaming COVID for things, but we have been planning for quite a while, trying to get together, and I know now your school year's over and this is a good time for us to talk. So I'm going to turn it over to Grady and he will have our staff do presentations and such. Grady, our town manager. MILLER: Yes. So we're delighted, if you look at the agenda under A and then the first bullet, we have an item called Safe Routes to Schools. This was a collaborative effort between the Fountain Hills Unified School District and the Town of Fountain Hills. We were able to apply successfully and receive some grant funding from the Maricopa Association of Governments, and I'm going to turn it over to Public Works Director Justin Weldy, who's going to just give you a little bit of an outline as to what the grant awards consist of and what we're going to be doing with that funding. With that, I'll turn it over to Mr. Weldy. WELDY: Thank you. Madam Mayor, Madam President, Council Members, Board Members, thank you for the opportunity to share this exciting information. The first section that we are going to be discussing is the Safe Routes to School grants. I would like to note that in the agenda that is published, it says opportunities. We took advantage of those opportunities some years back because these are every two to four years, depending on the type of grant, worked with the school district in getting letters of support and applied for and received two. Please note that each time these opportunities come, we will again work with the school and the school board to apply for the grants that are applicable to this. The first one is a safety assessment grant. This is a relatively large one. This is primarily funded through MAG, 94 percent of it comes from MAG. The matching funds for that come from the town of Fountain Hill, relatively small dollar amount for what we're receiving. This one is a noninfrastructure assessment to determine how to make routes to school safer for the Fountain Hills elementary and middle school. The assessment will look at routes, traffic calming, signage, and other items related to those safe routes to enhance the safety for K through H children. Any questions on that one before we move forward? Fair enough. That one that I just mentioned, it actually becomes available in July of this year. We will collaborate with the school in regards to TOWN OF FOUNTAIN HILLS Page 38 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 38 of 50 that process and the selection for the engineering firm that we'll do that is actually done through MAG. We will keep the school updated on that process as we move forward. MILLER: We're also aware that there may be some school decisions that are going to be made in the future about maybe the school district and school location, so if there are some changes, we will definitely make sure that the study and analysis incorporates that, so that if there are any changes that might affect the school locations, then we will certainly have that be part of the analysis. WELDY: Thank you for that additional information. Indeed, as we collaborate with the school, all of the information moving forward, we will share with the engineering firm as they work towards this assessment. The next one, which will become available in FY24 is a considerable amount of funding, and this one again, is a 94 percent with the town matching the other, which is again, a small amount of money at $882. This one right here is actually noninfrastructure to support activities that will educate and implement safe routes to school. This will support the first grant. This may include wages for a school safe route coordinator, safety gear, helmets, vests, et cetera, and incentive prizes for the students as they participate. It will also provide funding for school crossing guard training, which is very, very important and critical. We certainly want our marked crossings to be safe, and in order to accomplish that, we will collaborate with the school on the training for the individuals they have selected. Are there any questions about this grant? Fair enough. DR. BARNARD: (Indiscernible) this is great. Thank you. WELDY: You're welcome. The next one is actually a new one that we have collaborated with the school on. We worked closely with the interim superintendent, Dr. Sweeney, and the transportation director, John Flynn. This is something that has been discussed between the school and the town for a number of years. This is actually permanently installed flashing school zone signs. On this particular project right here, with support from the town manager and the mayor in council, the town is going to fund this which is also a strong recommendation in the ADOT manual that is published related to this. It's important to note that this process is moving relatively quickly. This was an in-house design by our staff, our town engineer, and our assistant engineer. We just this week -- you may or may not, if you go into that area of Fountain Hills Boulevard, have TOWN OF FOUNTAIN HILLS Page 39 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 39 of 50 seen some pink paint on the pavement. That is the survey, and before I get too much further, for those that may not be aware, this up here is the Fountain Hills Middle School. It's on North Fountain Hills Boulevard just before you enter McDowell Mountain Road, with this being towards the north. As we worked to do this design, we recognized that southbound traffic on McDowell Mountain Road entering Fountain Hills Boulevard adjacent to this school, we are going to need to warn them in advance, so we have added an advanced sign on that corner that alerts them, and it'll be flashing, to make them fully aware that they are entering a school zone in advance time so they will have time to slow down. The second flashing fifteen-mile-an-hour sign will be just north of the crosswalk. Here's the sign location. It'll be flashing. Here is the marked yellow crosswalk. When we're going northbound, because we have an adequate sight distance, there will not be and advanced flashing light. There will just be the traditional, reduced speed limit sign ahead, and then there will be the flashing fifteen-mile-an-hour once again, just before the crosswalk. These are the two types of structures that will be used on the projects. Each of these structures are solar powered and communicate with each other via radio. The timing coordination will be through myself and the transportation director, John Flynn, so we will have the school calendar built into it. We will obviously monitor it with support and collaboration from the school. We think this one will be a well-deserved, long- awaited improvement in this area. Any questions related to this one? DR. BARNARD: Thank you. I have driven to that school countless times over many, many years and these are very, very needed. I think people get very confused coming from Rio Verde, coming very fast with the turn, not realizing that there's a school there, and then also people getting confused about the actual -- where it starts and where it stops based on the sign in the middle of the road right now, so this is going to do great things for the teachers who have duty at that crosswalk and also our students and the families so that we keep that road safe before and after school, so. And I'm so happy to see they're solar panel. This is great, thank you. This is very needed, appreciated. VICE MAYOR FRIEDEL: Justin, I have a question; when will that be done? WELDY: Madam Mayor, Council Member, this will be done before the children return in August. REED: That's amazing. That's a nice addition. I agree with Dr. Barnard that -- sorry, TOWN OF FOUNTAIN HILLS Page 40 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 40 of 50 sorry. We're not that technologically advanced. So the coming in from Rio Verde, I'm glad to see that there will be a sign that gives some warning because folks do come in pretty quickly on that road and anything to get them to slow down before they approach our students and crosswalk guards would be great. That's a nice addition, so thank you very much for everything you're putting in to keeping our kids safe. WELDY: You're welcome. Madam Mayor, Madam President, any questions? MAYOR DICKEY: Any other questions or comments? Thank you so much. UNIDENTIFIED SPEAKER: (Indiscernible) make a comment. MAYOR DICKEY: Well. VICE PRESIDENT RUTKOWSKI: My daughter's (Indiscernible) course was in Rio Verde, so I'd drive there quite a bit. I was already there this morning. DR. BARNARD: Well, don't speed. MAYOR DICKEY: Councilman. SPELICH: Thank you, Madam Mayor. Justin, I'm assuming that you're going to loop in with Captain Kratzer and possibly at times have that enforced by traffic control by radar? WELDY: Madam Mayor, Council Member, yes. While I can't speak for him, I will let you know that this area is patrolled nearly every school day during peak flow times. Whether or not you see a marked vehicle there, it is being patrolled. MAYOR DICKEY: Thank you. REED: I will comment on that. The -- I have not gotten a ticket but, -- REED: -- have a lot of experience. REED: -- I have a lot of experience in the district, and so the Sheriff's Department does a really good job of patrolling our school zones, especially the one on Fountain Hills Boulevard. You know, the one that goes past McDowell Mountain is more of a residential street, so people tend to drive slower there, but Fountain Hills Boulevard, as we all know, can become a speedway, so the Sheriff's Department has done a really great job. Sometimes, you know, they're parked right in the middle of the road. Sometimes they're parked in a little bit more obscure location. Same with at the high school, you know, sometimes they're visible and sometimes they're not, and we've seen a lot of speeders get pulled over coming right out of that school zone. So I appreciate everything the Sheriff's Department does for that. TOWN OF FOUNTAIN HILLS Page 41 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 41 of 50 MAYOR DICKEY: Thank you, Board Member. That kind of goes in with the statistic that we saw between speeding from last year and speeding from this year that we've really picked that up. So this next item, I just wanted to mention that I'd had some folks reach out to me about this, about the rules of the road, you know, which side do you ride your bike on, which side do you walk on and such, and you know, it's kind of a big deal and it made me remember when the kids were at McDowell Mountain School and you know, they'd go and they'd get the handbook right away and it was all about that. So I thought maybe there was a way for us to kind of partner on this, and so -- is Bo going to speak to this, or Grady? MILLER: Bo is. In fact, our community relations director will go ahead and kind of explain what his plans are related to this. LARSEN: Well, thank you, Mayor, and Madam President, and Council, and the School Board. My name is Bo Larson. I'm the director of community relations. We have had some discussions about this and I've been doing some research on what other communities have done and I, too, remember, you know, those brochures of what side to ride on and how to properly cross the street, and who to respect as you go along, and so there's a lot of information out there from MAG, the City of Scottsdale, the US Department of Transportation as well the Arizona Department of Transportation for us to glean upon, and so what I'd like to do is work with the school board or your assigned to figure out what do we need and in what order do we need them because there's a variety of, you know, timings I'm sure you're going to have. But one of the things that the Mayor and Town Manager have kind of donated me for is to develop the collateral, do social media, provide the internet resources that are needed so that we can share on multiple platforms as well as our Cox Channel 11 just to help get the momentum of communications out there, and so I think there's a great opportunity to really raise the level of awareness of the importance of not only the children understanding how to do things, but the adults remembering how to do things so that way we can -- if there is a stat that we want to lower, I hope we will lower it. MAYOR DICKEY: Questions or comments about that? DR. BARNARD: Are there any plans to do anything at the high school and the flashing lights or any -- I should've asked that before. Sorry. TOWN OF FOUNTAIN HILLS Page 42 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 42 of 50 LARSEN: I will not speak on his behalf, but -- . DR. BARNARD: Okay, yeah. And even some outreach, I do think that that is another area that people don't -- educating it when it's people when it's -- kids push the button to make it flash to cross the street and people will still drive through it, and that's more of an older -- educating residents that, when it's flashing, you must -- what is the rule? You have to stop, you know all of that. MAYOR DICKEY: To answer your question, the high school is not zoned a school zone. That's a pedestrian crosswalk, so that's actually town mandated. It's not a school zone, so because it's a high school, I believe, Dr. Sweeney, we can not put a school zone there. Is that correct, Grady? MILLER: That's my understanding. With the regulations governing schools, that's on a major arterial, so that would not be the same as an interior -- and it's also the age of the kids that are going there, so you are correct. REED: But as Dr. Barnard said, some education that, even though that's a pedestrian crosswalk not necessarily associated with the high school, if the button's pushed and those lights are flashing, it would be nice if people stopped because that's the law, but the other thing that I notice is a lot of people don't understand how to maneuver through a school zone. Like, do they stop before the light, you know, slow down before, do they, like, go all the way through and continue past the other signs, so some education on how to drive through a school zone, so. LARSEN: Thank you. PRESIDENT JENKINS: I will just comment and say as an avid walker in our community who often sees people walking on the incorrect side of the road and who has quite adamantly taught my children how to properly walk on the road, I would appreciate anything for both our students as well as our more tenured citizens to know how to be safe on the roadways. LARSEN: Thank you. And Madam Mayor and Madam President, those are things that I want to make sure that, working with you, that we're at the proper level for the communications, because one size definitely doesn't fit all for the population we're talking about, so I'll look forward to working with you. Good. MAYOR DICKEY: Thanks very much. Next it just says other concerns or issues about TOWN OF FOUNTAIN HILLS Page 43 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 43 of 50 this, like, school safety. So is there anything? I know your superintendent got your PhD on school safety and such, and so I wondered if there was anything you'd want to communicate with us or anything we can help with when it comes to that, you know, given recent histories or anything that you'd like to convey? Yes, ma'am? PRESIDENT JENKINS: I personally don't have an item other than to say that as Dr. Jagodzinski comes in, the School Board will be having a retreat so that we can collectively synchronize as a new body with our superintendent, and one of the priorities will definitely be school safety. It's an annual priority. We are due for another review with -- I say due. It's not something that's mandated. We as a district know that we haven't been reviewed by Homeland Security to reassess the safety and security of our buildings for a couple of years, in part because of COVID, so that's something that we definitely want to revisit and prioritize and then certainly, based off that assessment, we can then itemize what actions we need to take and what budgetary dollars we can put towards that. MAYOR DICKEY: Perfect. Dana? SAAR: Yeah, and you mentioned the budget issue, obviously, and that's an important aspect of what we're going to talk about later on when it come to our facilities. Right now with three facilities, we have to make sure that all three of those are safe, and we've done a lot of investment to keep them a lot safer than they were back in my day early and (indiscernible) as well. However, we may be down to two, which means we'll save some of that funding that we've been applying to McDowell Mountain potentially, and we can apply that somewhere else, but safety is by far and away our most important aspect of what we do. Obviously, student success might be number one, but that doesn't work if you don't have safe school environment, so everything that's been talked about so far in terms of safety is so important. MAYOR DICKEY: Thank you. Any other comments? D: Dr. J, do you have anything else off the top of your head that you'd like to bring up to the council? MAYOR DICKEY: Put him on the spot. I was going to do the same thing. DR. JAGODZINSKI: No, I mean, school safety is a huge issue, and I spent a lot of time researching it and I was (indiscernible) Dr. Sweeney, the last improvements to TOWN OF FOUNTAIN HILLS Page 44 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 44 of 50 (indiscernible) a lot of ideas that I want to share and work collaboratively with the town, and all of our school leaders to be as (indiscernible). DR. SWEENEY: I'd just like to thank the town for your ongoing support of the SRO. You know, we have a long history of having great SRO's in that position, excellent relationship with the Sheriff's Office, and SRO after SRO after SRO is -- they have good relationships with the kids. They provide, you know, that presence and immediate response and reaction when needed, and I know that's a commitment the town has taken on through the years, and I really, really appreciate it and hope that that continues. MAYOR DICKEY: Thank you for mentioning that. We really appreciate that. Anything else on this -- safety items or anything traffic? Thank you. Next, I think Grady's going to talk to us about our transportation IGA or proposal? MILLER: Yes. So something related to this was brought up probably about three or four years ago between that the town and the school district at one of these joint meetings, and since that time, the administration under Dr. Sweeney and then Rob when he was superintendent, began to allow us to utilize, like, the vans that are there. But what we're thinking is it's probably time to formalize something into some sort of intergovernmental agreement. One of the things we'd like to do, for instance, the vans are great and they've been very much appreciated by the staff, but one of the things that we're looking at is perhaps, in the summertime when there's off peak use by the school district, we might be able to take advantage of the school buses and perhaps the bus drivers, and the town can maybe pay some hourly rate for the bus drivers and maybe for the use of the buses for, say, a summer recreation program or our senior programs, something like that. So that's what we're really basically talking about, but thanks to Dr. Sweeney initially when we had this on a previous agenda, he allowed us to follow up and start using the vehicles. So it's probably time now. We haven't taken advantage of it except for maybe the last couple years and it's been very sporadic, but it's probably time for us to actually formalize it into an IGA, and bringing it back to both of the governing body of the school district and also our council. MAYOR DICKEY: Any questions or comments on that? Yes, Sharon? GRZYBOWSKI: It's been a number of years, but I remember there was some sort of communication break down at some point. I know that it's been a couple of employees TOWN OF FOUNTAIN HILLS Page 45 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 45 of 50 ago, but somebody actually was stranded. I think they were stranded here and the bus or the van or whatever name never came and picked them up. I don't remember who it is, I just vaguely remember this because this seemed so long ago, so I feel like part of my concern is when we do this, we need to ensure that our local folks -- I mean, usually these things happen on Saturdays for us or after regular school hours, so our local folks need to have the phone number of the driver so that they can contact them. Was it an emergency? Did they just forget? I don't want a group of 30 kids stranded, depressed because community services planned this really super fun trip and now they don't have a ride to it. MILLER: Very good point, and something, you know, when you do put these together, sometimes you don't include all those types of contingencies in the actual intergovernmental agreement, but from an operational standpoint, you certainly want to make sure that we have that kind of information available, and it's a very good thing to bring up, so I appreciate that, Council Member. MAYOR DICKEY: Yes, not stranding kids is a good idea. We have other IGA's to talk about, Grady. I think these are our existing ones relating to communications and other things, so I don't know if you want to take them all in a big lump, or how you want to -- MILLER: I just thought I'd just bring these up. We just bring these up just more or less just to show the breadth and extension of our relationships and how they extend. So clearly, through Cox Communications, the town of Fountain Hills makes available the education channel for our use by the school district. Also, we have the intergovernmental agreement that covers any type of construction activity. We do not charge building permit fees or inspection fees, things related to that. So in exchange for joint use of the school district facilities, then we're not extending cost to you for basically those services. And then finally, we have an intergovernmental agreement related to shared use of district and town facilities. As an example, you know, every year we have a graduation held at the amphitheater at Fountain Park. The town has also utilized, you know, not as much anymore, but we have in the past, like the gyms at the high school, and also the school district has also utilized, on occasion, the community center. So this has just been, as a small town and a small school district, we really benefit from having a very good working relationship, and it doesn't really make sense. I mean, it is a true partnership in TOWN OF FOUNTAIN HILLS Page 46 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 46 of 50 the spirit of what a partnership is. So hopefully, by this next time we have a meeting like this, we'll have the intergovernmental agreement will also be something that will be already approved and on that list. I'd be happy to answer, if you have any questions about those items, but they're just there just to remind us the relationship that we have and our partnerships that we already utilize. REED: Thank you, Grady, and I just want to say that the IGA for the shared use has become really popular with the school district with the community center. In the previous years, many moons ago when I was on the PTO, we always held the Gay Love, which is our large fundraiser for the year, at different resorts, sometimes close, sometimes not close, but the PTO has partnered now with using the community centers so it keeps our folks here local. They're using local vendors, our sports teams are now using the community center a lot for team dinners as opposed to having it at someone's home which again, kind of keeps it local, keeps our kids in a space that isn't at someone's home. It's a little more safe, not that our parents aren't safe, but it's just a little more formal, so we really appreciate that the town offers us that ability to have the community center to use for those banquets, so. MAYOR DICKEY: Great. DR. BARNARD: Yeah, I second what Jill said. I think it's a great reciprocal relationship, and I don't know -- I remember at one point, not everybody knows that we have this agreement that we share facilities. We encourage the use of facilities from the town and the school so I mean, I would say, I think making this more known to different groups from, you know, our athletics to everything else and then also the town certainly -- I remember my children going to some of those really awesome summer camps at the middle school gym, and so I think that we should revisit this. I think it's the 15th anniversary of this. Looking at it at 2007, it's actually photocopied with three-ring binder. I am like, yeah, so I think revisiting it, even if the language stays the same with the new signatures and all of that keeps it fresh and a living document that people know about and use. MILLER: Good point, and I'll work with staff on maybe doing some updates. There's probably some also some maybe things related to risk management and insurance and things like that that probably have changed since this probably originally went in, so TOWN OF FOUNTAIN HILLS Page 47 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 47 of 50 thank you. Thanks for the comment. GRZYBOWSKI: Okay, I'm going to be a big old pin in your balloon. We just had a lot of heartache and got a lot of emails and really got beat up about the community center and all of the new rules and the new pricing that we just put into place. I'm not saying we should charge. I'm just tossing that out there that we're going to get hit from a lot of people that it's not fair you're charging insert whatever your favorite music or acting or whatever so expect to hear that. So we might should be prepared. I don't know where we're going to stand on this. MAYOR DICKEY: Well, I don't -- do you want to say something? Dana and I have been like here so long going back and forth with this so yes, sir? SAAR: And that's true. I'm just older than you. So we had a wonderful arrangement between the school district and the town for many years. We transferred land easily. We transferred the operation of the parks and other things back in the day to where we -- I think, if you remember, we won an award from the State for having this relationship between the two governments, so the fact that it's been a while since we've reviewed these, it's probably a good idea, but I think, as we go forward, there's probably going to be some good reasons to have more of these. I hope, anyway. MAYOR DICKEY: And to your point, Sharon, the -- and I remember as a school board member traipsing down to town council meetings and this was about the SRO, but it's the same constituency. So I understand what you're saying about clubs and entertainment and such, but the school district is, you know, paid for by the same exact tax payers as we are. It is a very natural partnership, and I think we talked about the gyms or doing some of those things. I think we -- you know, basketball or whatever. Things that we lack are absolutely the perfect solution for all of the kids that live in this town because they go to the school and their parents pay the same taxes such as they are for both of our entities, so it's a really natural partnership, and I really appreciate that you're going to revisit it because I agree that there's probably some stuff that needs to be updated, but Sharon, I do appreciate what you're saying because we did just go through that whole exercise, but I definitely see this different, and we have IGA's with the sanitary district as well, so we keep that big picture in mind whenever we can. VICE MAYOR FRIEDEL: Ginny? TOWN OF FOUNTAIN HILLS Page 48 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 48 of 50 MAYOR DICKEY: Yes, sir, Vice Mayor? VICE MAYOR FRIEDEL: Sharon, maybe the FHCCA will contact the school district and maybe work out some arrangements directly. MAYOR DICKEY: Let's move on. Thank you, Gerry. So Dana, do you want to take the next one or do you have other staff that's going to introduce? SAAR: I'm delegated because I've been the one probably talking most about this. As I said earlier, we're looking at enrollment projections that take us below a thousand students. Currently, we could put all of our students that are enrolled this fall into one facility at the high school and have room left over. So we know we've got excess resources that we are dealing with and we're paying for. McDowell Mountain is going to be utilized again this coming year, but we're close to make a decision on what to do with that in going forward. Four Peaks has been closed for our purposes for quite some time. You know, we're not in the landlord business, and it is probably -- it is the oldest facility in the district and whether it's feasible to reimage it for some other use or it should be torn down as discussions that we're going to have, and the same thing can be said about McDowell Mountain. I was living here and down the road from there when it was being built, and I'd been in construction most of my life, and it was not designed to be a century-old facility. It's pretty much outlived its usefulness, not just from a physical standpoint but quite frankly, from an academic standpoint. We don't know what 50 years from now will require from us in terms of facilities. Maybe nothing at all, quite frankly, but that's so far down the line that to project our needs for maybe a change in the demographics in Fountain Hills, maybe not. But we don't want to necessarily give up the ability to do something with those two properties 50 years from now. We just don't know what our needs will be. So one of the thoughts that we've had among many is that we work out an agreement with the town to reuse the land itself. We know -- when I was on a committee here, we realized that we were short park space based on our population and so forth, and you know, we're landlocked, so we don't have a lot of extra space to develop parklands, but with the lack of need for those two parcels for educational purposes, there's quite frankly, a possibility that they could be made into park -- first scene that comes up in my mind, because I have neighbors that have dogs is a dog park. But that's just one of a hundred ideas that could be utilized in those areas. McDowell Mountain has TOWN OF FOUNTAIN HILLS Page 49 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 49 of 50 a wash that runs through it. On the south side of that wash, we worked with the town many years ago to develop a passive park at that location with the bridge over the wash. The same thing was being developed at the high school campus on one side of the wash that is now desert into a passive park which would've helped our park numbers a little bit. So I think no decision is ready to be made at this point yet, and we've only briefly talked about it as a board, but I do think that, going forward, that discussion needs to take place, and that between our administrators and our two entities, we need to come up with a solution that meets the needs of the entire community. As we've said already, even though we have a few more residents than the town does because of some annexations that took place years and years ago, and in the last ten years, actually. For the most part, we share the same people. So no matter who owns them, you or us, the same resource is available to the same people. So I look forward to these discussions going forward on what we can do with those two parcels that we may or may not actually use. MAYOR DICKEY: Thank you. Any discussion, questions, or comments about this? No? Well, I just, you know, obviously I think in terms of what the legal uses are and what can possibly happen, and also the educational plans that you have to maybe, you know -- we always want to have more families. You like to have a intergenerational group here, you know, again living in the past, but when we all moved here, it was a lot of young kids, a lot of young families. So seeing how that develops, seeing how the, you know, what you think -- you mentioned the demographics, and even way back then, you were always kind of on top of that, kind of looking at what could be expected as far as income levels and such, and so I look forward to that conversation, and with the facts, with what can we accomplish together, and I think it's always about that, and I really appreciate it very much. Any other questions or comments about this issue or any other issue, actually? Yes, ma'am? VICE PRESIDENT RUTKOWSKI: I think that we as a board are still going to be talking about this. MAYOR DICKEY: Yes, I can imagine you will be. Any other items for the good of the order? Staff, you guys have anything? No? Everybody's good? All right, well, I guess I could take -- do I get a motion to adjourn here, I don't even know. I suppose, yes. Motion to adjourn? TOWN OF FOUNTAIN HILLS Page 50 of 50 JUNE 21, 2022 TOWN COUNCIL MEETING Page 50 of 50 SPELICH: So moved. MAYOR DICKEY: Thank you. GRZYBOWSKI: Second. MAYOR DICKEY: Everybody's in favor, I'm thinking? All in favor -- UNIDENTIFIED SPEAKER: Aye. MAYOR DICKEY: -- aye. Thank you so much. We appreciate it so much. TOWN OF FOUNTAIN HILLS MINUTES OF THE JOINT MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL AND THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT BOARD JUNE 21, 2022 • CALL TO ORDER Mayor Dickey called the Joint Meeting of June 21, 2022, to order at 6:56 p.m. • ROLL CALL – Mayor Ginny Dickey Councilmembers Present: Mayor Ginny Dickey; Vice Mayor Gerry Friedel; Councilmembers David Spelich and Sharron Grzybowski Councilmembers Absent: Councilmembers Alan Magazine, Peggy McMahon, and Mike Scharnow Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda G. Mendenhall School Board Members Present: President Nadya Jenkins; Vice President Mrs. Judith Rutkowski; Board Members Dr. Wendy Barnard, Mrs. Jill Reed, Mr. Dana Saar School Board Members Absent: None School Staff Present: Interim School Superintendent Dr. Patrick Sweeney; Incoming School Superintendent Dr. Cain Jagodzinksi; Board Secretary Krista Andreae Mayor Dickey welcomed everyone to the joint meeting and mentioned the items on the agenda were for discussion only, and no action will be taken at this meeting. • DISCUSSION ITEMS OF INTEREST • DISCUSSION RELATED TO SAFETY AND SECURITY OF FOUNTAIN HILLS SCHOOLS AND CAMPUSES • • Safe Routes to School – Possible Grant Opportunities Justin Weldy, Public Works Director, provided an overview of two grants awarded through collaboration with the schools. He mentions that the Safety Assessment Grant is relatively large, where 94% of the funding is through MAG with matching funds from the Town of Fountain Hills. The grant is for a non-infrastructure assessment to determine how to make routes to school safer for the Fountain Hills elementary and middle school by evaluating routes, traffic calming, signage, and other items related to those safe routes to enhance the safety of K through H children. Mr. Weldy said the town would collaborate with the school on this process and provide updates. He mentions the selection for the engineering firm will go through MAG. Grady Miller, Town Manager, said that the town is aware there may be some decisions made in the future about the school district and school locations, and if there are any changes, those factors will be included in that study. Mr. Weldy reviewed the second grant awarded for non-infrastructure, mentioning that it will be available in the Fiscal Year 2024. He said this grant is funded at 94%, with the town matching the other portion, which is $882. The grant will support activities, education, and implement safe routes to school and supports the first grant. He mentions the grant may include wages for a school safe route coordinator, safety gear, helmets, vests, et cetera, and incentive prizes for the students as they participate. The grant will also provide funding for school crossing guard training, which is critical. • Flashing School Crossing Signs Justin Weldy, Public Works Director, presented on the installation of permanent flashing school zone signs. He mentions that this is a collaborative effort with the interim Superintendent, Dr. Sweeney, and the Transportation Director, John Flynn, and is supported by the town manager and town council. The design is being handled in-house by town staff, the town engineer, and the assistant town engineer. Mr. Weldy reviewed the placement of the flashing school crossing signs for the Fountain Hills Middle School, mentioning the traffic flows on North Fountain Hills Boulevard just before entering McDowell Mountain Road toward the north. He said the design for this area would factor in the southbound traffic on McDowell Mountain Road entering Fountain Hills Boulevard adjacent to this school. He states we will need an advanced warning sign on that corner alerting traffic. They will use a flashing sign to make them fully aware they are entering a school zone, giving them time to slow down. He said the second flashing sign would be a fifteen-mile- an-hour sign just north of the crosswalk and the marked yellow crosswalk. He mentions that going northbound, because of the adequate sight distance, there will not be an advanced flashing light; it will be the traditional reduced speed limit sign. Just before the crosswalk, there will be a flashing fifteen-mile-an-hour sign. He said that there would be two types of structures used on the projects indicating that they will be solar-powered and communicate with each other via radio. The timing coordination will be through himself and the transportation director, John Flynn, and will have the school calendar built into it. They would monitor it with support and collaboration from the school. He mentions this is a well-deserved, long-awaited improvement in this area. Board Member Dr. Barnard expressed her appreciation for the project and the use of solar panels. She mentions that people get very confused coming from Rio Verde, coming very fast with the turn, and not realizing a school is there. She said people also get confused about the actual start and stop. This will help the teacher who has crosswalk duty and help the students and families keep the road safe before and after school. Vice Mayor Friedel inquired when will this project be done. Mr. Weldy responded that the project would be done before the children returned in August. Board Member Reed expressed her appreciation for the project, stating it is a nice addition, and concurred with Dr. Barnard. She mentions that she is glad to see that people coming in from Rio Verde will have a sign giving some warning because folks do come in pretty quickly on that road, and anything to get them to slow down before they approach our students and crosswalk guards would be great. Councilmember Spelich inquired if Mr. Weldy would loop in Captain Kratzer and possibly, at times, have traffic control enforced by radar. Mr. Weldly responded, saying that he knows this area is patrolled nearly every school day during peak flow times. Board Member Reed expressed her appreciation for the Sheriff's Department stating they have done an excellent job of patrolling the school zones, especially the one on Fountain Hills Boulevard. She mentions that McDowell Mountain is more of a residential street and that people tend to drive slower. Fountain Hills Boulevard can become a speedway indicating that she has seen many speeders get pulled over coming out of the school zone. Mayor Dickey thanked Board Member Reed for her comments mentioning that her remarks go along with the statistics they saw between speeding this year and speeding from last year, showing an increase in numbers. Mayor Dickey mentioned that she's had residents reach out to her about the road rules, which side you ride your bike on, which side you walk on, etc. She recalled when the kids were at McDowell Mountain School; they'd get a handbook right away about that. She said there might be a way for the Town and the School District to partner on this handbook. Pedestrian Safety & Rules of the Road (Bikes, Skateboards, and Walkers) Bo Larsen, Community Relations Director, indicated that there has been discussion about this and that he has researched what other communities have done. He said he remembers those brochures addressing what side to ride on, how to cross the street properly, and who to respect as you go along. He said there's a lot of information from MAG, the City of Scottsdale, the US Department of Transportation, and the Arizona Department of Transportation for us to glean upon. He mentions that he would like to work with the school board or their designee to determine what is needed and in what order. He notes that the Mayor and Town Manager have asked him to help develop the collateral, do the social media and provide the internet resources needed to share on multiple platforms, including the Town Cox Channel 11, to help get the momentum of communications out there. He said there's an excellent opportunity to raise awareness of the importance of not only the children understanding how to do things but the adults remembering how to do things as well. Board Member Dr. Barnard inquired if there were any plans to do anything at the high school with flashing lights. She addressed the topic of outreach and education; when kids push the button to make it flash so they can cross the street, people still drive through it; it is more of the older residents. When it is flashing, you must stop. In response to Dr. Barnard's question, Mayor Dickey indicated that the high school is not zoned as a school zone; it is a pedestrian crosswalk and is not a school zone. Mr. Miller replied in the affirmative. His understanding of the regulations governing schools is that the school is on a major arterial and not an interior road and is also based on the age of the kids going to the school. Board Member Reed concurred with Dr. Barnard regarding education on how to drive through a school zone. She mentions that even though it’s a pedestrian crosswalk and not necessarily associated with the high school if the button is pushed and lights are flashing, it would be nice if people stopped because it is the law. She further explained the need for education because she noticed many people don't understand how to maneuver through a school zone; do they stop before the light, slow down before, or go all the way through and continue past the other signs? President Jenkins said that as an avid walker in the community, she often sees people walking on the wrong side of the road. She taught her children how to properly walk on the road and would appreciate any efforts to educate the students and more tenured citizens on how to be safe on the roadways. Mr. Larsen expressed his appreciation for the feedback. He said he looks forward to working with the school board regarding the proper level of communication, indicating a one-size doesn't fit all for the population we're talking about. • Other items of Interest Mayor Dickey stated that the superintendent received his Ph.D. in school safety and inquired if he had anything to communicate with the town or help convey. President Jenkins said that as Dr. Jagodzinski comes in, the School Board will have a retreat to collectively synchronize as a new body with the new superintendent. One of the priorities will be school safety. She mentions that it is an annual priority and that due to COVID, they have not been reviewed by Homeland Security in a couple of years to reassess the safety and security of their buildings. This is something they will want to revisit and prioritize. Based on that assessment, they can itemize what actions need to be taken and what budgetary dollars can be put towards that. Board Member Saar said the budget issues are an important aspect of what will be discussed later on regarding their facilities. Right now, with three facilities, we have to make sure that all three are safe, and we've invested a lot to keep them safer than they were back in his day. He said we might be down to two, which means we'll save some of that funding that we've been applying to McDowell Mountain, and we can apply that somewhere else, but safety is by far and away our most important aspect of what we do. Obviously, student success might be number one, but that doesn't work if you don't have a safe school environment. Board Member Reed asked Dr. Jagodzinski if he had anything he would like to bring to the council. Dr. Jagodzinski responded, no, school safety is a huge issue, and he has spent a lot of time researching it. He has a lot of ideas to share and looks forward to working collaboratively with the school leaders and the town. Interim Superintendent Dr. Sweeney thanked the town for their ongoing support of the SRO. He expressed his appreciation for their long history of great SROs and their excellent relationship with the Sheriff's Office. He said they have a good relationship with the kids and provide that presence and immediate response and reaction when needed. He hopes this continues. Mayor Dickey thanked Dr. Sweeney for his comments. • PROPOSED TRANSPORTATION INTERGOVERNMENTAL AGREEMENT Mr. Miller mentioned that this item was brought up approximately three to four years ago at one of the joint meetings. Since then, Dr. Sweeney has allowed the town to utilize the vans, and it is time to formalize something through an intergovernmental agreement. He states the use of the vans has been great and appreciated by staff. Staff would like to expand by including the use of the school buses and bus drivers during the summertime when there is off-peak use by the school district. The town could pay an hourly rate for bus drivers and bus use for a summer recreation program or one of the senior programs. Councilmember Grzybowski recalled a communication breakdown that occurred several years ago where some students were stranded because the bus or van never came to pick them up. She expressed the need for contact information for the bus driver since the events happen on Saturdays or after school hours. She doesn't want a group of 30 kids stranded and depressed because community services planned this super fun trip, and now they don’t have a ride to it. Mr. Miller said that is a very good point; we must put together all types of contingencies from an operational standpoint. Those contingencies will not be included in the actual intergovernmental agreement. • DISCUSSION RELATING TO INTERGOVERNMENTAL AGREEMENTS BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT • Resolution 2003-68 – Intergovernmental Agreement relating to Channel 99 • Resolution 2007-01 – Intergovernmental Agreement relating to construction • Resolution 2007-26 – Intergovernmental Agreement relating to shared use of District and Town facilities Mr. Miller reviewed the IGA’s with the School District and their purpose. The IGA relating to Channel 99 agreement through Cox Communications allows the town to make available an education channel for use by the School District. The IGA relating to construction covers any construction activity where the town does not charge a building or inspection fees in exchange for joint use of school district facilities. The IGA relates to the shared use of District and Town Facilities. The school district has used the amphitheater at Fountain Park for graduation, and the town has used the school gyms. He said as a small town and a small district, we really benefit from having a very good working relationship, a true partnership in the spirit of what a partnership is. Board Member Reed expressed her appreciation for the IGA for the shared facility, indicating it has become really popular with the school district using the community center. She mentioned when she was on the PTO; they held Gay Love, their large fundraiser for the year, at different resorts, sometimes close and sometimes not. Through this partnership, they are now using the community center, which helps to keep things local. She mentioned the Sports Teams are using the community center for team dinners instead of having it at someone's home, which keeps it local and keeps our kids in a space that isn't at someone's home. Board Member Dr. Barnard concurred with Board Member Reed's comments and stated that it is a great reciprocal relationship. Not everybody knows about the agreement that we share facilities. She said this needs to be made known to more groups, from athletics to everything else. She noted that it is the 15th Anniversary of this agreement and encouraged revisiting it; even if the language stays the same, it keeps it fresh and a living document that people know about and use. Mr. Miller said he would work with staff on updates as there are probably some things that have changed related to risk management and insurance. Councilmember Grzybowski expressed concern by mentioning recent action taken at a council meeting regarding the new rules and pricing for the use of the community center. She said the town might hear feedback from residents that it's not fair charging them for their event. Board Member Saar commented on the wonderful arrangement between the school district and the town. He mentioned the award received from the State for having this relationship. He concurred with the review of the current IGA’s and the possibility of more in the future. Mayor Dickey addressed Councilmember Grzybowski's concern, stating she understood what she was saying. She mentions that the same exact taxpayers pay for the school district. The amenities the town lacks and what the schools offer is good for both entities; it is a very natural partnership. We need to keep the big picture in mind whenever possible. Vice Mayor Friedel mentioned that the FHCCA may contact the school district and could work out some arrangements directly. • POSSIBLE FUTURE USE OF THE FOUR PEAKS AND MCDOWELL MOUNTAIN SCHOOL SITES BY THE TOWN OF FOUNTAIN HILLS Board Member Saar commented on the enrollment projections for the fall semester. He mentioned that all students enrolled could fit into one facility at the high school, and they would have room left over. He mentions that McDowell Mountain will be utilized this coming year again and that Four Peaks has been closed for their purposes for quite some time. The Four Peaks property is the oldest facility in the district, and discussions need to take place to determine the feasibility to reimage, use for another purpose, or be torn down. He indicated the same could be said regarding McDowell Mountain. He mentions the need for discussion regarding the properties and future needs. One thought is to work out an agreement with the town to reuse the land for a park, based on the need and the population. There is not a lot of extra space to develop parklands, and the lack of need for the parcels for educational purposes. He said that going forward, a discussion about the future use needs to take place been the school administrators and the school board, and the town. They need to come up with a solution that meets the needs of the entire community. Mayor Dickey said that we need to think in terms of what the legal uses are as well as educational plans the board may have. She said she looks forward to that conversation and what the two groups can accomplish together. Vice President Rutkowski said that the board would discuss this issue. Mayor Dickey inquired if there if anyone had anything for the good of the order, having no comments requested a motion to adjourn. Councilmember Spelich moved to adjourn; seconded by Councilmember Grzybowski. • ADJOURNMENT 7:33 p.m. TOWN OF FOUNTAIN HILLS _________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, 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 21st day of June 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st Day of June 2022. _____________________________ Linda G. Mendenhall, Town Clerk ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 08/22/2022 Meeting Type: Town Council Special Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Special Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION:  Resolution 2022-28 adopting the Community Services Code of Conduct. Staff Summary (Background) The Community Services Code of Conduct is a document that provides guidance to all patrons, guests, and attendees at events, programs, and classes to understand the appropriate behavior they are requested to display and expect to encounter within town facilities. The intent of the Code of Conduct is to promote behavior that allows everyone to enjoy clean, safe, accessible, and inviting parks, preserves, facilities, and programs. While our programs and facilities are open to all, no guest has the right to interfere with another guest’s use and enjoyment of town amenities. Behavior, including those activities listed within the Code of Conduct, is unacceptable when it violates the law, interferes with the rights of others, endangers or injures oneself or others or when it results in damage to town's property, buildings, or equipment. Kindness and respect towards fellow guests and town staff members is appreciated and expected at all times. On the rare occasions when guest behavior does not comply with the Code of Conduct, the guidelines also outline provisions for corrective or disciplinary action. The previously adopted Code of Conduct (attached) was developed specifically for the Community Center however staff has expanded the scope to include behavior in all Community Services settings including within parks, events, and outdoor programs. Related Ordinance, Policy or Guiding Principle An older version of a Community Center Code of Conduct is in place which is intended to be replaced by this policy document. Risk Analysis A Code of Conduct is an essential document that clearly outlines behavior expectations and subsequent corrective action. The Code of Conduct provides transparency and an outline of procedure/process for both staff and guests.     Recommendation(s) by Board(s) or Commission(s) The Community Services Advisory Commission unanimously recommends the approval of the The Community Services Advisory Commission unanimously recommends the approval of the Community Services Code of Conduct.  Staff Recommendation(s) Staff recommends approval of Resolution 2022-28 adopting the Community Services Code of Conduct. SUGGESTED MOTION MOVE to approve Resolution 2022-28 Community Services Code of Conduct.  Attachments Resolution 2022-28 Code of Conduct  Community Services Code of Conduct  Previous Code of Conduct  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 08/10/2022 02:19 PM Finance Director David Pock 08/11/2022 06:21 AM Town Attorney Aaron D. Arnson 08/15/2022 12:00 PM Town Manager Grady E. Miller 08/15/2022 02:28 PM Form Started By: Patti Lopuszanski Started On: 05/03/2022 03:03 PM Final Approval Date: 08/15/2022  RESOLUTION 2022-28 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE COMMUNITY SERVICES CODE OF CONDUCT BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. The Town Council hereby approves the Community Services Code of Conduct, in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, September 6, 2022. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Pierce Coleman PLLC Town Attorney RESOLUTION 2022-28 PAGE 2 EXHIBIT A TO RESOLUTION 2022-28 [Community Services Code of Conduct] See following pages. FOUNTAIN HILLS COMMUNITY SERVICES CODE OF CONDUCT SEPTEMBER 2022 Fountain Hills Community Services Code of Conduct Helping us maintain clean, safe, accessible and inviting facilities and programs Policy Statement: The intent of the Town of Fountain Hills Community Services Code of Conduct is to promote behavior that allows everyone to enjoy clean, safe, accessible, and inviting parks, preserves, facilities, and programs. While our programs and facilities are open to all, no one has the right to interfere with another guest’s use and enjoyment of Town programs and facilities. Behavior, including those activities listed below, is unacceptable when it violates the law, interferes with the rights of others, endangers or injures oneself or others or when it results in damage to Town property, buildings, or equipment. Kindness and respect towards fellow guests and Town staff members is appreciated and expected at all times. It is the Fountain Hills Community Service’s policy to lead with education and raising awareness to achieve compliance with the Code of Conduct. In cases where education does not work, and to address chronic and/or serious behavior, we reserve the right to take further action, up to and including issuing a trespass notice as described below. Fountain Hills Community Services was developed jointly with the community we serve and is intended to benefit the public and protect the rights of individuals, and focuses on the actual behavior of a person. Fountain Hills Community Services reserves the right to define and identify disruptive behavior and/or actions that interfere with the positive and safe atmosphere in Town preserves, parks, facilities, and programs. Before a trespass notice is issued by a Town staff member or Maricopa County Sheriff’s Office (MCSO) Deputy, a member of the management team is consulted. Park and facility guests are provided with a copy of the trespass notice. Code of Conduct: For the purposes of this policy, a facility is a Town-owned building, park, or preserve operated by the Town. The following is not permitted in any Fountain Hills facilities (preserve, parks, and buildings):  Abusing or vandalizing a facility or its amenities in any way.  Entering or using a facility or its amenities at any time other than during the posted hours of operation.  Using, possessing, or selling illegal drugs or possessing drug paraphernalia. FOUNTAIN HILLS COMMUNITY SERVICES CODE OF CONDUCT SEPTEMBER 2022  Possessing or consuming alcohol without obtaining proper approval.  Possessing weapons inside any Town facility, as posted.  Aggressive intimidation or harassment of patrons or Town staff members including physical, sexual, or verbal abuse.  Obstructing other guests’ use of Town facilities, amenities, or maintenance of facilities by Town staff members.  Using amenities, including picnic tables and playgrounds, outside of their intended or approved purpose.  Bathing, sleeping, storing personal belongings or doing laundry in restrooms or facilities.  Storing or leaving belongings unattended within any Town facility, park, or preserve.  Charging for services, including exercise activities, guided hikes, sports, and other special interest classes and activities, without obtaining the proper approval.  Assembling groups of 25 people or more without obtaining proper approval.  Use of ramadas in a Park for more than four hours per day, for two consecutive days, without obtaining proper approval.  Use of amplified sound without obtaining proper approval.  Use of tobacco products on all Town property.  Animals inside facilities, except service animals, which are permitted.  Entering facilities without appropriate attire.  Unlawful conduct that violates the Arizona Revised Statues, Fountain Hills Town Codes, or posted Park, Preserve, and Facility Rules or Code of Conduct.  Dropping off or leaving children and/or vulnerable adults unattended.  Not following the check in or check out policy for access to secured facility areas.  Observance of private or non-public spaces.  Interfering with private events and/or private rentals. In addition to the rules listed above, posted rules, and the Town Code Section 9, the following is not permitted in any mountain preserve:  Endangering children or vulnerable adults on difficult trails or in adverse weather conditions.  Endangering dogs on difficult trails or in adverse weather conditions, such as temperatures over 100 degrees.  Playing personal music via speakers: use of headphones is encouraged, as a courtesy to fellow hikers, on trails, at ramadas and in parking lots.  Disregarding trail hierarchy: hikers and bicyclists yield to horses, bicyclists yield to hikers.  Disregarding trail etiquette: downhill trail traffic flow yields to uphill trail traffic.  Moving rocks or other native material along a trial or altering the tread in such a way as to facilitate or encourage illegal trail use or cause personal harm.  Operating a metal detector and removing found items.  Placing of geocaches in a location within a park or preserve that does not fall within management guidelines for that area- all geocaches must be reviewed and approved by park management or they will be removed.  Unauthorized off-trail activity. FOUNTAIN HILLS COMMUNITY SERVICES CODE OF CONDUCT SEPTEMBER 2022 Recreation Classes, Activities, and Sport Program Code of Conduct The intent of this policy is to information Fountain Hills Recreation patrons of the standards of conduct and behavior that is expected and will be enforced in programming and facility premises. Recreation users are expected to conduct themselves in a manner that is safe and conducive to fair play and allows for sharing of the facility with other users of all ages and interests.  Treat others with kindness and respect.  Follow directions from instructor, leader, coach, or official.  Good sportsmanship is expected from players, coaches, officials and parents at every match by demonstrating a positive attitude and speaking in a positive manner towards all involved. Certain types of behavior can be potentially harmful or dangerous and will not be accepted.  Behaviors that may result in the loss of recreation facility and programming services and/or criminal prosecution include:  Improperly using any equipment or materials of Parks & Recreation.  Verbal, physical, or sexual harassment.  Disturbing the peace, as defined in the Fountain Hills Town Code Section 11-1-7.  Vandalism. Trespass Policy: Park, preserve, or facility guests whose behavior violates the Code of Conduct are educated about the Code of Conduct. It is Fountain Hills Community Services policy to lead with education and raising awareness to achieve compliance with the Code of Conduct. In situations in which verbal warnings and education are not successful, Town staff members have the authority to order a guest to leave the facility for the remainder of the day. In the event of repeated offenses, and with the approval of a member of the management team, guest may be issued a trespass notice for a period of 30 days or more, applicable to the location where the violation(s) took place or to all Fountain Hills parks, facilities, or programs. The Fountain Hills Community Services Department reserves the right to suspend the program/facility privileges of any patron suspected of engaging in any of the above-enumerated activities, or other disruptive or unsafe conduct, for the length of suspension the Department deems appropriate, including the permanent loss of access. The following are recommended guidelines for suspension periods; the seriousness of the conduct may warrant immediate and/or lengthier loss of Parks & Recreation privileges, as determined by the Community Services Director or designee. The Community Services Director or designee must approve any loss of programming/facility privileges for one month or more. First Offense First offense will result in a documented verbal warning and education about the Code of Conduct, and shall require immediate cessation of the behavior that violates the Code of Conduct. Refusal to cease the behavior that violates the Code of Conduct may result in an order to the leave the facility or program for the remainder of the day. FOUNTAIN HILLS COMMUNITY SERVICES CODE OF CONDUCT SEPTEMBER 2022 Repeated Offense 2nd Offense Loss of privileges/suspension for a minimum of one month. 3rd Offense Loss of privileges/suspension for a minimum of six months. 4th Offense Loss of program/facility privileges for a minimum of one year or more. The following offenses are subject to immediate trespass periods of 30 days and greater from Town facilities or programs:  Harassing patrons or staff members, including physical, sexual, or verbal about.  Violating any criminal law of Fountain Hills Town Codes or the Arizona Revised Statutes.  Violating a trespass notice will result in an arrest by a Maricopa County Sheriff’s Office deputy.  Trespass notices must include information on why the guest is being trespassed, the amount of time they are being trespassed for and the location(s) from which they are being trespassed.  Before a trespass notice is issued to a juvenile, a notification is sent to the juvenile’s parent or guardian, informing them of the issue and providing education about the Code of Conduct. Fountain Hills Community Center Code of Conduct The Town of Fountain Hills Community Center provides educational, recreational, and social activities for individuals of all ages (some restriction may apply) through classes, special events, and ongoing Center activities. The following Code of Conduct is applicable to all who visit or participate in Center programs, services, entertainment, special events, and activities. As an active member, visitor, participant, or volunteer you must agree: 1. To behave in a courteous and respectful manner at all times. 2. To be respectful of the individual and cultural differences of others. 3. To refrain from behavior that is abusive, threatening, offensive, or disruptive to others. 4. To use proper language at all times; no profanity or name calling. 5. To respect the personal belongings of others and the Center’s property. 6. To act honestly in relationships with others. 7. To be responsible for your actions while using the facility or on the premises. 8. To follow all written rules and guidelines as well as verbal direction by staff or coordinators. Note: Staff has authority to ask an individual to immediately leave the Center for the entire day if they are displaying any of the above mentioned disruptive behavior. The Community Services Director or designee is authorized to take all necessary steps to enforce this Code of Conduct. Failure to comply with the Code of Conduct may result in the suspension and/or revocation of your Center privileges and forfeiture of paid fees. . ITEM 7. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 08/22/2022 Meeting Type: Town Council Special Meeting Agenda Type: Consent                  Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Special Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-34, abandoning the 20' Public Utility and Drainage Easement along the south side of 17039 E Nicklaus Drive (Application A22-000005) Staff Summary (Background) This is a proposal to abandon the pre-incorporation 20' Public Utility and Drainage Easement along the southern property line of Plat 401-B, Block 3, Lot 18 (17039 E Nicklaus Drive).  Mrs. Jacquelyn Underwood, the applicant for the property, plans to expand the backyard, which will encroach into the existing easement.  Staff have reviewed the site to determine the potential 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.  All 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 2022-34. SUGGESTED MOTION MOVE to adopt Resolution 2022-34. Attachments Vicinity Map  Aerial Photo Map  Exhibit A: Survey  Resolution 2022-34  Form Review Inbox Reviewed By Date Clerk Linda Mendenhall 06/28/2022 12:29 PM Development Services Director John Wesley 06/28/2022 02:50 PM Town Attorney Aaron D. Arnson 06/28/2022 02:58 PM Town Manager Grady E. Miller 08/09/2022 04:27 PM Form Started By: David Janover Started On: 06/22/2022 10:41 AM Final Approval Date: 08/09/2022  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 PALIS A 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 FOUN T A I N H I L L S B L V D SUNR I D G E D R EL L A G O B L V D AVEN U 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 CL U B D R CR E S T V I E W D R 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 Ar i z o n a F O U N TAIN HI L L S T OWN 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 17039 E NICKLAUS DR A22-000005 DEVELOPMENT SERVICES A ll that is A r i z o n a F O U N T AIN HI L L S T OWN OF INC. 1989 ZONING: R1-8 E NI C K L A U S D R LOT 18 LEGEND: PHOTO MAP 2022 AERIAL LOT 17 LOT 19 A22-000005 ABANDON 20' P.U.E. & D.E. EXHIBIT "A" TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT LOT 18 A22-000005 RESOLUTION 2022-34 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE- INCORPORATION 20' PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE SOUTHERN PROPERTY LINE OF PLAT 401-B, BLOCK 3, LOT 18 (17039 E NICKLAUS DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 155 OF MAPS, PAGE 12 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. 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 southern property line of Plat 401-B, Block 3, Lot 18 (17039 E Nicklaus Drive) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 155 of Maps, Page 12, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, 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 August 22, 2022. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arson, Town Attorney ITEM 7. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 08/22/2022 Meeting Type: Town Council Special Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Town Council Special Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-35 approving the designation of Chief Fiscal Officer of the Town of Fountain Hills for FY23. Staff Summary (background) The Arizona Auditor General requires designation of a Chief Fiscal Officer (CFO) by the Governing Board of a political subdivision. The CFO is authorized to certify the Annual Expenditure Limitation Report (AELR) required by Arizona statute and filed with the Auditor General. The Auditor General’s designation form requires a copy of the Governing Board’s Resolution to be included with the filing. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis If not submitted to the Auditor General with the supporting Resolution, then the Town will not be in compliance with State statute. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Resolution 2022-35. SUGGESTED MOTION MOVE to adopt Resolution 2022-35.  Attachments RES 2022-35  Form Review Inbox Reviewed By Date Finance Director (Originator)David Pock 07/27/2022 03:41 PM Town Attorney Aaron D. Arnson 08/04/2022 04:01 PM Town Manager Grady E. Miller 08/09/2022 04:28 PM Form Started By: David Pock Started On: 07/21/2022 01:15 PM Final Approval Date: 08/09/2022  RESOLUTION NO. 2022-35 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, DESIGNATING THE CHIEF FISCAL OFFICER FOR OFFICIALLY SUBMITTING THE FISCAL YEAR 2022-23 EXPENDITURE LIMITATION REPORT TO THE ARIZONA AUDITOR GENERAL RECITALS: WHEREAS, A.R.S. §41-1279.07(E) requires each county, city, town, and community college district to annually provide to the Auditor General by July 31 the name of the Chief Fiscal Officer the governing body designated to officially submit the current year’s annual expenditure limitation report (“AELR”) on the governing body’s behalf; and WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) desires to designate the Town’s Chief Financial Officer, David Pock, as the Town’s Chief Fiscal Officer. WHEREAS, Entities must submit an updated form and documentation for any changes in the individuals designated to file the AELR. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. David Pock, Chief Financial Officer, is hereby designated as the Town’s Chief Fiscal Officer for purposes of submitting the fiscal year 2022-23 AELR to the Arizona Auditor General’s Office on the governing body’s behalf. SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 22nd day of August, 2022. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney ITEM 7. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 08/22/2022 Meeting Type: Town Council Special Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Town Council Special Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-36 approving an Intergovernmental Agreement with the City of Glendale relating to the cooperative use of the Glendale hosted and developed Glendale Tax Application. Staff Summary (Background) The Arizona Department of Revenue has been tasked with issuing Transaction Privilege Tax (TPT) licenses, collecting TPT revenue, and distributing those revenues to Arizona cities and towns. As part of these responsibilities, the Department provides multiple reports to cities and towns related to licensing activity, returns submitted by businesses, tax payments, and audit collections. However, all of these reports are disaggregated and extremely large. This makes it difficult to use the data in a productive and meaningful way. The City of Glendale has developed an application to consolidate this data, store it in a single database, and make it easier for users to analyze data and drill-down to detailed information. This Intergovernmental Agreement would allow authorized Town personnel in the Finance Division to access the system in order to review and analyze TPT information for the Town. This analysis would assist in identifying businesses that are not licensed by the Department, improperly reporting taxable activity within the Town, and/or using inappropriate deductions in order to reduce their tax liability. The system was recently developed by the City of Glendale to assist its tax auditors with oversight of the Department of Revenue in its collections and reporting of TPT activities after it was transferred to the agency.  Once developed, the City of Glendale decided to make the system available to all cities and towns in Arizona. In return, the City of Glendale has asked for an initial one-time setup fee of $2,000 and an annual operational fee of $1,500. It is the staff's opinion that these costs will be recovered through increased collections and audit recoveries.   Related Ordinance, Policy or Guiding Principle N/A Risk Analysis Without access to the Glendale Tax Application, the Town risks undiscovered TPT revenues that are owed by businesses and individuals operating within the Town. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Resolution 2022-36. SUGGESTED MOTION MOVE to adopt Resolution 2022-36 approving the Intergovernmental Agreement with the City of Glendale for use of the Glendale Tax Application. Attachments RES 2022-036  Glendale IGA  Form Review Inbox Reviewed By Date Finance Director (Originator)David Pock 08/08/2022 07:26 AM Town Attorney Aaron D. Arnson 08/08/2022 09:11 AM Town Manager Grady E. Miller 08/09/2022 04:32 PM Form Started By: David Pock Started On: 07/26/2022 04:39 PM Final Approval Date: 08/09/2022  1 RESOLUTION NO. 2022-36 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF GLENDALE RELATING TO THE COOPERATIVE USE OF THE GLENDALE HOSTED AND DEVELOPED GLENDALE TAX APPLICATION. BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. The Intergovernmental Agreement with the City of Glendale related to the cooperative use of the Glendale hosted and developed Glendale Tax Application (the “Agreement”) is hereby approved substantially in the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 22nd day of August, 2022. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney 2 Exhibit A INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GLENDALE AND THE TOWN OF FOUNTAIN HILLS THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement” or “IGA”) is entered into this 17th day of May, 2022, pursuant to Arizona Revised Statutes (ARS) §11- 952, between the City of Glendale ("GLENDALE") acting by and through its city council and the Town of Fountain Hills ("FOUNTAIN HILLS"), acting by and through its town council. ARS. §42-6001 establishes that the Arizona Department of Revenue (“DOR”) will collect and administer municipal privilege, transaction and use taxes ("Taxes") for all Arizona cities and towns. As part of their administration of the Taxes, DOR shall provide each city or town access to data covering the amount of Taxes reported and the amount of Taxes distributed to that specific city and town. The purpose of this Agreement is to provide GLENDALE the mechanism to allow other cities and towns to cooperatively use the GLENDALE hosted and developed GLENDALE TAX APPLICATION ("TAX APP") to access and interact with the Statewide Tax data supplied by DOR. RECITALS 1. GLENDALE is authorized to enter into intergovernmental agreements by Arizona Revised Statutes§ 11-951, et seq., and the disclosure of information relating to State Taxes and Municipal Taxes is governed by A.R.S. § 42-2001, et seq., and by Model City Tax Code § 510. 2. FOUNTAIN HILLS is authorized by Arizona Revised Statutes§ 11-951, et seq., and the disclosure of information relating to State Taxes and Municipal Taxes is governed by A.R.S. § 42-2001, et seq., and by Model City Tax Code § 510. 3. This Agreement establishes the structure whereby other cities and towns access the TAX APP for an annual subscription fee. THEREFORE, in consideration of the mutual agreements expressed in this Agreement, it is agreed as follows: I. SCOPE OF AGREEMENT 1. TAX APP provides searches, dashboards, and automated notifications for the municipal tax data furnished by DOR. 2. FOUNTAIN HILLS agrees GLENDALE will maintain, upgrade, and administer the TAX APP. 3. FOUNTAIN HILLS will work with GLENDALE to establish role-based access control permissions for each user in the TAX APP. 4. All FOUNTAIN HILLS users must have FOUNTAIN HILLS access credentials in order to be granted permissions to use the TAX APP. This requires that users have the appropriate background checks from their organizations that meet or exceed screening requirements established by ARS §41-4401. 5. Support services will be provided via GLENDALE’s customer portal. 6. Outages due to scheduled or emergency network, software and/or hardware maintenance will be broadcast to authorized users in advance. 7. Any failure to follow GLENDALE’s acceptable use policy of the TAX APP may result in revocation of the access to the TAX APP. 8. Municipal tax data hosted by GLENDALE and presented in the TAX APP is confidential information and may not be distributed or copied except as permitted by ARS §42-2003. The data sources are furnished by the DOR and are considered confidential information as defined in ARS §42-2001. GLENDALE does not control and cannot guarantee the relevance, timeliness, or accuracy of this data and provides no warranty, expressed or implied, as to the accuracy, reliability or completeness of furnished data, and FOUNTAIN HILLS releases GLENDALE from any liability related to the data. Data types include but may not be limited to the information detailed set forth in Appendix B in the respective intergovernmental agreement with the State of Arizona and FOUNTAIN HILLS. 9. The TAX APP supports the security model listed below. Each jurisdiction will select a security profile below for each user designated for TAX APP access. FOUNTAIN HILLS acknowledges each individual user should be assigned the least privileged access needed depending on their job duties. FOUNTAIN HILLS also acknowledges information obtained from DOR, and displayed by GLENDALE, is confidential information and may only be disclosed as authorized by ARS§ 42-2003. Role Role Description City Admin - Add, update, and suspend user accounts - View city employee activity logs - Search, view, and interact with DOR data City User - Search, view, and interact with DOR data 10. FOUNTAIN HILLS City admin user will suspend employee access and notify GLENDALE within 1 business day of employee termination, reassignment, or departure. 11. Compensation. FOUNTAIN HILLS shall pay GLENDALE as defined in the Compensation Schedule, which is attached hereto as Exhibit A. FOUNTAIN HILLS will be billed by GLENDALE, in advance of its access to the TAX APP. Payments shall be due thirty (30) days from the invoice date. II. MISCELLANEOUS PROVISIONS 1. This Agreement shall become effective on the date of execution and shall continue in full force and effect until it is terminated either by mutual agreement of the parties or by either party giving the other at least ninety (90) calendar days advance written notice of termination of the Agreement, which notice shall specify the date of termination. 2. FOUNTAIN HILLS or GLENDALE may cancel this Agreement at any time without penalty or further obligation. No pro-rata refund will be returned. 3. This Agreement is subject to the cancellation provisions of ARS §38-511. 4. Cancellation pursuant to either Paragraphs 2 or 3 above shall be effective when written notice from the chief executive officer of one city/town is received by the other party to this Agreement, unless the notice specifies a later time. 5. To the extent permitted by law, each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) whether direct or indirect (hereinafter collectively referred to as "Claims") arising out of TAX APP use, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. 6. FOUNTAIN HILLS acknowledges that GLENDALE is not responsible for the security practices of FOUNTAIN HILLS, and consequently FOUNTAIN HILLS releases and holds harmless GLENDALE for any liability and/or damages that emerge from a data breach that occurs as a result of FOUNTAIN HILLS’s security practices or was otherwise caused by or was the fault of FOUNTAIN HILLS. 7. FOUNTAIN HILLS and GLENDALE both have an intergovernmental agreement with the State of Arizona whereby each obtains taxpayer information from the State subject to the conditions set forth in the intergovernmental agreement, including those pertaining to confidentiality as defined in ARS §42-2001, and that confidential information may not be disclosed except as provided by statute, ARS §42-200l(B). To the extent that information being utilized by FOUNTAIN HILLS and hosted by GLENDALE may have been obtained initially from the State, each agrees to abide by the terms and conditions set forth in their respective intergovernmental agreements with the State of Arizona. 8. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows: TOWN OF FOUNTAIN HILLS Administration Department Attn: Finance Director 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 CITY OF GLENDALE Budget and Finance Department, Tax & License Division Attn: Tax and License Manager 5850 W. Glendale Avenue, Suite 104 Glendale, AZ 85301 9. This Agreement contains the entire understanding between the parties, and no statements, promises or inducements made by either party, their agents or employees that are not contained herein shall be valid or binding. This Agreement may not be altered except in writing and signed by each party hereto. 10. The failure to exercise any right, power or privilege under this Agreement shall not constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of that or any right, power or privilege. 11. In the event that any provision, or any portion of any provision, of this Agreement is held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall have no effect on the remaining portion of any provision or any other provision which can be given effect without the invalid provision and to this end the provisions of this Agreement shall be deemed to be severable. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF GLENDALE a municipal corporation KEVIN PHELPS, City Manager APPROVED AS TO FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA TO THE CITY OF GLENDALE TOWN OF FOUNTAIN HILLS a municipal corporation XX, TOWN Manager APPROVED AS TO FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA TO THE TOWN OF FOUNTAIN HILLS EXHIBIT A Compensation Schedule 1. FOUNTAIN HILLS will be billed $1,500 on September 1st of each year. The invoice is due thirty (30) days from the invoice date. 2. FOUNTAIN HILLS will be billed a one-time onboarding fee of $2,000 on September 1, 2022. The invoice is due thirty (30) days from the invoice date. ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 08/22/2022 Meeting Type: Town Council Special Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Special Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-38 declaring and adopting the results of the Primary Election held on August 2, 2022. Staff Summary (background) This resolution is presented to memorialize the results of the Primary Election held on August 2, 2022, in which the seats of Mayor and three Councilmembers were considered. Office Candidate Votes Mayor Ginny Dickey 5,420 Councilmember Brenda Kalivianakis 5,939 Councilmember Allen Skillicorn 4,824 Councilmember Hannah Toth 5,797 For this election, the Town had 17,910 registered voters, with a return of 10,839 ballots, resulting in a 60.52% turnout. In accordance with Section 2-3-3 of the Fountain Hills Town Code, a majority of votes cast for each office was received and no General Election will be necessary. 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 that the Town Council adopt Resolution 2022-38. SUGGESTED MOTION MOVE to adopt Resolution 2022-38. Attachments Resolution 2022-38 - Canvass of 2022 Primary Election  Exhibit A - Final Official Results Statement of Votes Cast  Exhibit B - Provisional Totals by Precinct  Exhibit C - Early Voting Rejections  Form Review Inbox Reviewed By Date Finance Director David Pock 08/15/2022 08:51 AM Town Attorney Aaron D. Arnson 08/15/2022 02:10 PM Town Manager Grady E. Miller 08/15/2022 02:33 PM Form Started By: Linda Mendenhall Started On: 06/28/2022 05:40 PM Final Approval Date: 08/15/2022  RESOLUTION 2022-38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE PRIMARY ELECTION HELD ON AUGUST 2, 2022. RECITALS: WHEREAS, the Town of Fountain Hills (the "Town") held a primary election on the consolidated election ballot of August 2, 2022, (the "Primary Election"), for the nomination/election of the Mayor and three Councilmembers; and WHEREAS, the Primary Election returns have been presented to and have been canvassed by the Mayor and Council of the Town of Fountain Hills. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the recitals above are hereby incorporated as if fully set forth herein. SECTION 2. That the total number of registered voters was 17,910; that the total number of ballots cast at the Primary Election was 10,839; and that the total rate of return was 60.52%. SECTION 3. That the number of votes cast and the names for the persons voted for, including the number of votes received in each precinct by each candidate for Mayor and each candidate for Councilmember were as set forth in Exhibit A, attached hereto and incorporated herein by reference. The number of provisional ballots in each precinct was as set forth in Exhibit B, attached hereto and incorporated herein by reference. The number of ballots rejected in each precinct was as set forth in Exhibit C, attached hereto and incorporated herein by reference. SECTION 4. It is hereby found, determined, and declared of record, that the following candidates for Mayor and Councilmember did receive the majority number of votes cast for said office at the Primary Election, and the Town Clerk is hereby directed to issue certificates of election. Mayor: Ginny Dickey 5,420 Councilmember: Brenda Kalivianakis 5,939 Hannah Toth 5,797 Allen Skillicorn 4,824 SECTION 5. It is further found, determined, and declared that each of the above candidates did receive a majority of votes cast as determined by Town Code 2-3-3; therefore, a General Election is not required to be held. SECTION 6. This Resolution shall be in full force and effect immediately upon its adoption. SECTION 7. The Mayor, Town Manager, Town Clerk, and Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona this 22nd day of August 2022. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: _______________________________ ______________________________ Ginny Dickey, Mayor Linda G. Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: _______________________________ ______________________________ Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney Precinct Registered Voters Cards Cast Voters Cast % Turnout TOWN Fountain Hills 0289 FOUNTAIN HILLS 2,900 1,805 1805 62.24% 0290 FOUR PEAKS 4,229 2,346 2346 55.47% 0324 GOLDEN EAGLE 4,086 2,567 2567 62.82% 0600 PALISADES 2,949 1,813 1813 61.48% 0716 SAGUARO 3,746 2,308 2308 61.61% Fountain Hills - Total 17,910 10,839 10,839 60.52% Town Total 17,910 10,839 10,839 60.52% FINAL OFFICIAL RESULTS STATEMENT OF VOTES CAST Primary Election Maricopa County August 2, 2022 8/10/2022 5:49:38 PMPage: 1 of 75 Fountain Hills-Mayor (Vote for 1) Precinct Ti m e s C a s t Re g i s t e r e d Vo t e r s TOWN Fountain Hills 0289 FOUNTAIN HILLS 1,805 2,900 0290 FOUR PEAKS 2,346 4,229 0324 GOLDEN EAGLE 2,567 4,086 0600 PALISADES 1,813 2,949 0716 SAGUARO 2,308 3,746 Fountain Hills - Total 10,839 17,910 Town Total 10,839 17,910 Precinct AR P A I O , J O E (N O N ) DI C K E Y , G I N N Y (N O N ) To t a l V o t e s TOWN Fountain Hills 0289 FOUNTAIN HILLS 836 928 1,764 0290 FOUR PEAKS 1,157 1,145 2,302 0324 GOLDEN EAGLE 1,206 1,311 2,517 0600 PALISADES 869 910 1,779 0716 SAGUARO 1,139 1,126 2,265 Fountain Hills - Total 5,207 5,420 10,627 Town Total 5,207 5,420 10,627 8/10/2022 5:49:38 PMPage: 72 of 75 Precinct Un r e s o l v e d Wr i t e - I n TOWN Fountain Hills 0289 FOUNTAIN HILLS 8 0290 FOUR PEAKS 7 0324 GOLDEN EAGLE 9 0600 PALISADES 10 0716 SAGUARO 1 Fountain Hills - Total 35 Town Total 35 8/10/2022 5:49:38 PMPage: 73 of 75 Fountain Hills-Councilmember (Vote for 3) Precinct Ti m e s C a s t Re g i s t e r e d Vo t e r s TOWN Fountain Hills 0289 FOUNTAIN HILLS 1,805 2,900 0290 FOUR PEAKS 2,346 4,229 0324 GOLDEN EAGLE 2,567 4,086 0600 PALISADES 1,813 2,949 0716 SAGUARO 2,308 3,746 Fountain Hills - Total 10,839 17,910 Town Total 10,839 17,910 Precinct CO U T U R E , C I N D Y (N O N ) KA L I V I A N A K I S , BR E N D A (N O N ) TOWN Fountain Hills 0289 FOUNTAIN HILLS 815 963 0290 FOUR PEAKS 1,019 1,238 0324 GOLDEN EAGLE 1,139 1,400 0600 PALISADES 829 1,016 0716 SAGUARO 978 1,322 Fountain Hills - Total 4,780 5,939 Town Total 4,780 5,939 8/10/2022 5:49:38 PMPage: 74 of 75 Precinct SK I L L I C O R N , AL L E N (N O N ) TO T H , H A N N A H (N O N ) To t a l V o t e s Un r e s o l v e d Wr i t e - I n TOWN Fountain Hills 0289 FOUNTAIN HILLS 767 941 3,486 17 0290 FOUR PEAKS 1,060 1,268 4,585 10 0324 GOLDEN EAGLE 1,148 1,330 5,017 26 0600 PALISADES 789 997 3,631 20 0716 SAGUARO 1,060 1,261 4,621 18 Fountain Hills - Total 4,824 5,797 21,340 91 Town Total 4,824 5,797 21,340 91 8/10/2022 5:49:38 PMPage: 75 of 75 PRECINCT #0289 Counted Reason Code Description Count Yes A ACCEPTED 6 Total Yes 6 No B10 YOU ARE NOT REGISTERED TO VOTE 1 B12 YOU WERE NOT ELIGIBLE TO VOTE IN THIS ELECTION 2 Total No 3 PRECINCT #0289 TOTAL 9 PRECINCT #0290 Counted Reason Code Description Count Yes A ACCEPTED 5 Total Yes 5 No B10 YOU ARE NOT REGISTERED TO VOTE 2 B12 YOU WERE NOT ELIGIBLE TO VOTE IN THIS ELECTION 5 B17 CONDITIONAL PROVISIONAL - SUFFICIENT ID NOT PROVIDED BY DEADLINE 1 Total No 8 PRECINCT #0290 TOTAL 13 PRECINCT #0324 Counted Reason Code Description Count Yes A ACCEPTED 2 Total Yes 2 No B12 YOU WERE NOT ELIGIBLE TO VOTE IN THIS ELECTION 4 B13 YOUR EARLY BALLOT WAS SENT. RETURNED AND COUNTED 1 Total No 5 PRECINCT #0324 TOTAL 7 Page 1 of 38/11/2022 1:51:33 PM Provisional Totals by Precinct - Canvass 1388 2022-08-02, Maricopa County, Aug 2 2022 Primary Election Town of Fountain Hills PRECINCT #0600 Counted Reason Code Description Count Yes A ACCEPTED 2 Total Yes 2 No B12 YOU WERE NOT ELIGIBLE TO VOTE IN THIS ELECTION 2 Total No 2 PRECINCT #0600 TOTAL 4 PRECINCT #0716 Counted Reason Code Description Count Yes A ACCEPTED 4 Total Yes 4 No B10 YOU ARE NOT REGISTERED TO VOTE 3 B12 YOU WERE NOT ELIGIBLE TO VOTE IN THIS ELECTION 4 B13 YOUR EARLY BALLOT WAS SENT. RETURNED AND COUNTED 1 Total No 8 PRECINCT #0716 TOTAL 12 Page 2 of 38/11/2022 1:51:33 PM Provisional Totals by Precinct - Canvass 1388 2022-08-02, Maricopa County, Aug 2 2022 Primary Election Town of Fountain Hills Counted Reason Code Description Count Yes A ACCEPTED 19 Total Yes 19 No B10 YOU ARE NOT REGISTERED TO VOTE 6 B12 YOU WERE NOT ELIGIBLE TO VOTE IN THIS ELECTION 17 B13 YOUR EARLY BALLOT WAS SENT. RETURNED AND COUNTED 2 B17 CONDITIONAL PROVISIONAL - SUFFICIENT ID NOT PROVIDED BY DEADLINE 1 Total No 26 Cumulative Total:45 SUMMARY - ALL PRECINCTS Page 3 of 38/11/2022 1:51:33 PM Provisional Totals by Precinct - Canvass 1388 2022-08-02, Maricopa County, Aug 2 2022 Primary Election Town of Fountain Hills PRECINCT #0289 Reason Code Description Count BS Bad Signature 4 L Returned Late 3 PRECINCT #0289 TOTAL 7 PRECINCT #0290 Reason Code Description Count BS Bad Signature 10 NS No Signature 1 L Returned Late 2 PRECINCT #0290 TOTAL 13 PRECINCT #0324 Reason Code Description Count BS Bad Signature 8 NS No Signature 1 L Returned Late 3 PRECINCT #0324 TOTAL 12 PRECINCT #0600 Reason Code Description Count BS Bad Signature 3 L Returned Late 6 PRECINCT #0600 TOTAL 9 PRECINCT #0716 Reason Code Description Count BS Bad Signature 6 L Returned Late 6 PRECINCT #0716 TOTAL 12 Page 1 of 28/12/2022 12:15:35 PM Early Voting Rejections Aug 2 2022 Primary Election Town of Fountain Hills Reason Code Description Count BS Bad Signature 31 NS No Signature 2 Total Rejected 33 L Returned Late 20 Total Rejected + Late 53 Page 2 of 28/12/2022 12:15:35 PM Early Voting Rejections Aug 2 2022 Primary Election Town of Fountain Hills SUMMARY - ALL PRECINCTS ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 08/22/2022 Meeting Type: Town Council Special Meeting Agenda Type: Regular Agenda                  Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Request to Town Council Special Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: A request for a Special Use Permit to allow up to five dwelling units in the C-C (Common Commercial) zoning district on an 8,000 square-foot lot located at the northwest corner of El Pueblo Boulevard and Ivory Drive ( Case #SUP22-000001) Staff Summary (Background) The property at the northeast corner of Fountain Hills Blvd. and El Pueblo Blvd. is zoned C-C, Common Commercial.  This zoning district is the same as the C-1, Neighborhood Commercial and Professional, zoning district, but allows for 100% lot coverage and common parking areas rather than parking on individual lots.  The property at this corner was platted in 1973 for this type of development.  The building along El Pueblo Blvd. and a portion of the parking along the street were constructed prior to January 1986.  Additional buildings and parking were slowly added over the years.  The development as it exists today has been in place since 2004. The lot at the corner of Ivory and El Pueblo is just under 8,000 sq. ft.  The applicant is proposing to construct a building on the property that will have a 1,900 sq. ft. office and other future tenant space on the ground floor and residential uses on the second floor.  A concept plan has been submitted to illustrate how the lot could be developed.  Residential uses are allowed in the commercial zoning districts only through approval of a Special Use Permit (SUP).  Following approval of the SUP the applicant will prepare a final site plan as required by Sec. 2.04 of the Zoning Ordinance for review and approval by staff. Section II of the Fountain Hills General Plan 2020 discusses the elements that help create thriving neighborhoods.  One of the items listed is having a variety of housing types.  This section includes policies to encourage a broad range of housing types affordable to all income ranges and a range of housing types and densities consistent with the character area.  Allowing for the mixed-use building will also further the General Plan's goal of helping to attract young families and new business to the Town. Section III of the general plan includes the information on the Character Areas in the Town.  This small commercial area at Glenbrook and Fountain Hills Boulevard was included as part of the surrounding Neighborhood character type.  More specifically, this area is considered a Mixed Neighborhood with smaller lots and a mix of non-residential uses.  This existing commercial area is intended to remain a low intensity area with any further development or redevelopment consistent with the surrounding neighborhood.  Allowing the proposed residential use within this commercial area would be consistent the intent of the Plan for this area. The zoning ordinance Section 12.03 allows consideration of residential uses in all commercial zoning districts with the approval of a SUP.  Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP.  Section 2.02 D. 5. of the zoning ordinance states:   5. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. This area has been zoned and platted prior to incorporation of the Town for commercial uses.  It is still the desire of the Town to have this be a successful commercial center.  The questions become:  Would allowing residential use on the second floor of this proposed building be detrimental to the desired commercial activity? 1. Would the residential use be detrimental to the public health, safety, peace, or comfort of the neighborhood? 2. Is the residential use being designed and established in a manner that creates a desirable living environment? 3. A review of this property shows that over its almost 50-year history it has not fully developed and has largely been underutilized.  The existing parking lot is in poor shape.  Facilitating the development by allowing a mix of uses will help to improve the overall quality of the development by introducing a new building and additional activity on the property.  More people living nearby can provide customers to the businesses.  One SUP has already been approved in this development to allow second-floor residential in an existing building.   The C-C zoning district allows buildings up to 25' tall.  The adjacent property to the east and south is zoned R-2 and built with single-story duplex condominiums.  While none of the other properties are currently developed with two-story buildings, they are permitted on this property and all the surrounding properties.  The properties across Ivory Dr. are developed with duplex condominiums.  According to the information available from the County Assessor's website, these homes have around 1,500 sq. ft. of living space in each home.  The proposed dwellings are mostly 1,100 sq. ft. each, with one being 825 sq. ft. in size.  Additional residential dwellings across the street from an existing residential neighborhood should not be detrimental to that neighborhood.  Through the formal site plan review staff can consider the proposed architecture of the building to fit in with the surrounding neighborhood character. The conceptual design has access to the apartments from El Pueblo and the parking lot to the north.  The units will be accessed from a central hallway and each will have a private patio space.  The ground floor provides each unit a private storage space and covered parking for the tenants.  Residents here will have access to shopping, schools, parks, and churches.  Development of this lot should help facilitate redevelopment and upgrading of the landscape in the parking lot. The applicant has proposed five apartment units on the second floor.  By way of comparison, if this property were rezoned to R-3 and developed as a standalone parcel it could have up to two dwelling units; if zoned, R-4 it could have four units.  While the SUP process does not set a density cap, it would seem appropriate to limit the maximum number of units to what would be allowed through an seem appropriate to limit the maximum number of units to what would be allowed through an appropriate residential zoning district for the area. The only issue staff has with the development of this property, for any use, is the parking.  The spaces are not properly striped, so staff can only estimate the number of parking spaces available in the lot, which staff estimates at 110.  If all the lots were built with one-story retail or office uses (no restaurants), 187 parking spaces would be required by code.  Residential development requires less parking than commercial uses.  If the entire area was developed with 1,000 sq.ft. apartments (46 units), the ordinance would require 104 parking spaces.  There is a much larger parking field in the western portion of Plat 106, but the ordinance states the minimum required parking must be within 300 feet of the use. The request is to allow part of the total floor space allowed by code to be used for residential rather than commercial purposes.  Doing so reduces the parking demand compared to having the maximum area built for commercial uses.  The current proposal requires a minium of 20 parking spaces, six of which will be in the building. Only 14 spaces will be required in the common parking lot, which is met with the parking spaces immediately adjacent to this lot. Citizen Participation The applicant provided a Citizen Participation Plan as part of his application.  That plan included sending letters to all property owners within 300' by March 16.  The letter described the project, provided contact information for any residents who had questions and offered to meet with residents if desired. A Citizen Participation Report was received on April 26.  The applicant did not receive any comments from the public.  One nearby property owner came to Town Hall to discuss the project.  They were unaware that 2-story development was possible in this commercial center and did not want to have buildings that tall.  They were encouraged to contact the applicant to discuss their concerns.   Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02, Special Use Permits Zoning Ordinance Section 12.03, Uses Subject to Special Use Permits in the c-C, C-1, C-2, and C-3 Zoning Districts Only 2020 General Plan, Thriving Neighborhoods and Character Areas Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission reviewed this request at two meetings.  At the first meeting there was some concern expressed about the amount of parking available and whether this use could be allowed.  These issues were addressed in the second meeting. On June 13, 2022, the Commission discussed the parking requirement and the number of apartment units that would be appropriate for this lot.  There was concern about having an architecture that fit with the center and surrounding neighborhood and that the rooftop mechanical will be screened.  The screening is required by code and will be reviewed as part of the site plan.  During the site plan review staff will work with the applicant to make these changes to the elevations. The Commission voted to recommend approval of the Special Use Permit subject to:  A maximum 4 residential units on the property, Dedicated parking for the development within the overall parking lot, and Designation of the parking spaces inside the building for owner and tenants. Staff Recommendation(s) Subject to final site plan approval for a plan that meets code requirements, staff recommends approval of a Special Use Permit allowing up to four apartments on this lot and designation that the parking spaces in the building will be designated as tenant or owner parking spaces. SUGGESTED MOTION MOVE to approve SUP22-000001 to allow up to four dwelling units and requiring the parking spaces in the building to be designated for tenant or owner use, as approved through site plan review. Attachments Vicinity Map  Site Plan  Form Review Inbox Reviewed By Date Development Services Director John Wesley 08/08/2022 08:48 AM Town Attorney Aaron D. Arnson 08/08/2022 09:12 AM Town Manager Grady E. Miller 08/09/2022 04:36 PM Form Started By: Linda Mendenhall Started On: 08/04/2022 08:29 AM Final Approval Date: 08/09/2022  Vicinity CASE: SUP22-000001 SITE / ADDRESS: 15006 N Ivory Drive APN 176-04-715 REQUEST: Special Use Permit - Mixed Use All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP22-000001SUP22-000001 FO U N T A I N H I L L S B L V D GLENBROOK BL V D EL PUEBLO BLVD AL A M O S A A V E I V O R Y D R E S C O N D I D O D R M I R A G E C R O S S I N G C T SABIN A S D R ALLEY AL L E Y ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 08/22/2022 Meeting Type: Town Council Special Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Request to Town Council Special Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: A request to apply and take receipt of grant funding from the Arizona Office of Tourism. Staff Summary (Background) The Visit Arizona Initiative (VAI) Grant Programs were designated by Governor Ducey in an effort to accelerate tourism recovery, job creation and economic development across the state of Arizona using federal American Rescue Plan (ARP) funds earmarked for pandemic recovery efforts. The Visit Arizona Initiative includes three grant programs: marketing, partnership and outdoor revitalization. The application process opened on July 15 and applications are due on or before August 31. All of the grants require matching funds, which can be cash, in-kind, or a third party contribution. Staff is requesting to apply for the following: Marketing - The pandemic significantly impacted the Arizona travel industry and in turn, negatively affected the revenue that the local destination marketing organizations use to attract future visitors to Arizona cities and towns. The VAI Marketing Program will support efforts to execute targeted tourism marketing plans to bring visitors to destinations across the state. Staff is requesting a total of $230,000 for Fountain Hills tourism marketing efforts, which requires a 20% match. Partnership - the partnership grant is for new or expanded events and festivals. The grant request is for $56,000, which requires a 20% match to expand the Irish Fest to a two-day event in an effort to increase visitation and overnight stays in Fountain Hills. Outdoor Revitalization - Arizona’s outdoor recreation areas are a driving force for visitors who choose to travel to our beautiful state. The pandemic ushered many visitors and residents outside to enjoy our outdoor attractions, trails and more. The Visit Arizona Outdoor Recreation Revitalization Grant provides funding for entities to engage in marketing, implement sustainability efforts, and/or make infrastructure improvements to help accelerate industry recovery. Staff is requesting $250,000 with a 20% match for the Centennial Pavilion in an effort to attract more conferences, conventions and events at the Community Center/Conference Center. If awarded, the grant will offset the costs identified in the Capital Improvement Projects (CIP). AOT will notify awardees by September 16. Related Ordinance, Policy or Guiding Principle 2022 Town of Fountain Hills Strategic Plan Priorities: Targeted Collaborative Economic Development and Promote the Long-Term Financial Sustainability of Town Infrastructure, Environmental and Social Resources. Risk Analysis Grants provide funding to support economic development and tourism initiatives for the Town of Fountain Hills. Failure to receive funding will result in less funding available for marketing and promotion of the community, which may impact the number of visitors to Fountain Hills resulting in a loss of bed and sales tax revenue.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve staff to apply and take receipt of AOT VAI grant funding from the Arizona Office of Tourism to support the Town's economic development and tourism efforts. Attachments AOT VAI Presentation  Form Review Inbox Reviewed By Date Finance Director David Pock 07/27/2022 01:50 PM Town Attorney Linda Mendenhall 08/03/2022 02:18 PM Economic Development Director (Originator)Amanda Jacobs 08/09/2022 08:35 AM Town Attorney Aaron D. Arnson 08/09/2022 10:27 AM Town Manager Grady E. Miller 08/09/2022 05:06 PM Economic Development Director (Originator)Amanda Jacobs 08/15/2022 06:41 PM Form Started By: Amanda Jacobs Started On: 07/27/2022 09:55 AM Final Approval Date: 08/15/2022  TOWN OF FOUNTAIN HILLS WWW.FOUNTAINHILLSAZ.GOV AZ Office of Tourism Visit AZ Initiative Grants Presented by: Amanda Jacobs, Economic Development Director WWW.FOUNTAINHILLSAZ.GOV About AOT VAI •Federal American Rescue Plan (ARP) funds •3 Grant Opportunities •Marketing •Partnership •Outdoor Revitalization •Accelerate Tourism Recovery •Job Creation •Economic Development WWW.FOUNTAINHILLSAZ.GOV Marketing Grant •Targeted tourism marketing plans to bring visitors to destinations across the state •Request: $230,000 •Match: 20% WWW.FOUNTAINHILLSAZ.GOV Partnership Grant •New/or expanded event •Expand Irish Fest •Request: $56,000 •Match: 20% •Increase visitation and overnight stays WWW.FOUNTAINHILLSAZ.GOV Outdoor Revitalization •Marketing, sustainability efforts, and/or infrastructure improvements to help accelerate industry recovery •Centennial Pavilion •Request: $250,000 •Match: 20% TOWN OF FOUNTAIN HILLS WWW.FOUNTAINHILLSAZ.GOV Questions? ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 08/22/2022 Meeting Type: Town Council Special Meeting Agenda Type: Regular Agenda                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Special Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of Shade 'n Net Contract 2022.091.1 Amendment for park shade installation and repairs. Staff Summary (Background) Shade n' Net is the primary provider of commercial-grade shade structures throughout the Town parks. Additional contract authority is requested in order to proceed with authorized shade installations at the Golden Eagle ball fields. In addition, it is prudent to have additional contract availability to promptly address unforeseeable concerns such as monsoon wind damage, vandalism, and other upkeep efforts. Related Ordinance, Policy or Guiding Principle Park maintenance standards call for shade structures to be in good condition for the health and safety of all patrons.  Risk Analysis Without additional contract authority, shade structures cannot be installed nor repaired.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends the approval of Shade 'n Net Contract 2022.091.1 Amendment SUGGESTED MOTION MOVE to approve Shade 'n Net Contract 2022.091.1 Amendment for park shade installation and repairs.   Attachments Shade N Net Contract 2022.091.1 Amendment  Form Review Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 08/10/2022 02:19 PM Finance Director David Pock 08/11/2022 06:22 AM Town Attorney Aaron D. Arnson 08/15/2022 02:11 PM Town Manager Grady E. Miller 08/15/2022 02:24 PM Form Started By: Patti Lopuszanski Started On: 08/08/2022 12:04 PM Final Approval Date: 08/15/2022  1 Contract No. 2022-091.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHADE N NET OF ARIZONA, INC. THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “First Amendment”) is entered into as of August 22, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Shade N Net of Arizona, Inc., a(n) Arizona corporation (the “Contractor”). RECITALS A. After a competitive procurement process, the Mohave Educational Services entered into Contract No. 20Q-SHADE-0402, dated April 2, 2021, (the “Mohave Contract”), with the Contractor for Pre-Engineered Shade Structures and Related Services. All of the capitalized terms not otherwise defined in this First Amendment have the same meanings as defined in the Contract. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated May 16, 2022, based upon the Mohave Contract (the “Agreement”), for Pre-Engineered Shade Structures (the “Materials and Services”). The terms of the Agreement are incorporated herein. C. The Town has determined that additional Materials and Services (the “Additional Materials and Services”) are necessary. D. The Town and the Contractor desire to enter into this First Amendment to increase the compensation authorized by the Agreement for the Additional Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and 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 are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Compensation. The Town shall pay the Contractor an aggregate amount not to exceed $500,000 which is an increase of $450,000 from the original $50,000. 2. 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. 2 3. Non-Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 4. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 5. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES]