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.”
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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
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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
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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.
* * * * *
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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,
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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,
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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
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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.
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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
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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,
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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
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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.
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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.
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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
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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?
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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.
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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
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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
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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
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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,
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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.
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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.
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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
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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
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(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
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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
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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
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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?
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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
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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?
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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
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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
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TOWN HALL
DEVELOPMENT SERVICES DEPARTMENT
SCOTTSDALE
McDOWELL MOUNTAIN PARK
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SALT RIVER PIMA MARICOPA INDIAN COMMUNITY
TOWN BOUNDARY
SCOTTSDALE
17039 E
NICKLAUS DR
A22-000005
DEVELOPMENT SERVICES
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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
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C
a
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t
Re
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t
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Vo
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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
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MCDOWELL MOUNTAIN REGIONAL PARK
SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY
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Vicinity MapMap ::CaseCase DetailsDetailsSUP22-000001SUP22-000001
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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.
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