HomeMy WebLinkAboutAGENDApacket__01-17-23_0450_427
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
Vice Mayor Peggy McMahon
Councilmember Sharron Grzybowski
Councilmember Hannah Toth
Councilmember Gerry Friedel
Councilmember Brenda J. Kalivianakis
Councilmember Allen Skillicorn
TIME:5:30 P.M. – REGULAR MEETING
WHEN:TUESDAY, JANUARY 17, 2023
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.fountainhillsaz.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.
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice
and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.
§38-431.03(A)(3).
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
2.INVOCATION - Pastor Clayton Wilfer, Joy Christian Community Church
3.ROLL CALL – Mayor Dickey
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
A.RECOGNITION: Stellar Students of the Month for December and January
B.RECOGNITION: Outgoing Board and Commission member Nicholas Stumpf, for his service
on the Sister Cities Advisory Commission.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION: Monthly Report by Captain Kratzer of the Maricopa County Sheriff's
Office.
B.PUBLIC APPEARANCE: Eugene Mikolajczyk will speak to the Council regarding the Town
Sign Ordinance recently repealed at the January 3, 2023, Town Council meeting.
C.PRESENTATION: Update from President/CEO Chris Camacho of Greater Phoenix Economic
Council (GPEC)
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
Town Council Regular Meeting of January 17, 2023 2
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 for the Regular
Meeting of December 6, 2022.
B.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License
application for the Fountain Hills Veteran's Memorial, Inc. for a beer garden in conjunction
with Irish Fountain Fest on March 11, 2023.
C.CONSIDERATION OF ADOPTING RESOLUTION 2023-02, an Intergovernmental Agreement
With Fort McDowell Yavapai Nation for the acceptance of Proposition 202 Grant Funding.
8.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE DIRECTION: Town Council will consider a request to
appoint members of the Town Council to various regional and local boards and
committees.
B.PUBLIC HEARING AND CONSIDERATION OF Resolution 2023-01 adopting the addition of
the Short-Term/Vacation Rental Annual Registration Fee to the Town's FY 2022-23
Comprehensive User Fee Schedule.
C.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: A Special Use Permit for the
construction of golf ball fences on property located at 15816 E. Brittlebush Lane.
D.CONSIDERATION AND POSSIBLE ACTION: Termination of agreement with the Lunsford
Group for government relations services.
E.CONSIDERATION AND POSSIBLE ACTION: Authorizing staff to apply for grant funding
through the FEMA Building Resilient Infrastructure and Communities (BRIC) Program.
F.CONSIDERATION AND POSSIBLE ACTION: Approval or direction of the proposed Fountain
Hills Community Brand and Logo.
G.CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the General
Fund and Capital Project Fund.
Town Council Regular Meeting of January 17, 2023 3
H.CONSIDERATION AND POSSIBLE ACTION: Approving the re-authorization of Capital
Improvement Project T5005 for the design of a traffic signal at the intersection of
Palisades Boulevard and Eagle Ridge and Palomino Drives for the current year.
I.CONSIDERATION AND POSSIBLE ACTION: Adopting an Administrative Policy for
Invocations at Town Council Meetings.
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
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 ____________________, 2023.
_____________________________________________
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 January 17, 2023 4
ITEM 5. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/17/2023 Meeting Type: Town Council Regular
Meeting
Agenda Type: Public Appearances/Presentations
Submitting Department: Administration
Prepared by: Linda Mendenhall, Town Clerk
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Regular Meeting (Agenda Language): PUBLIC APPEARANCE: Eugene
Mikolajczyk will speak to the Council regarding the Town Sign Ordinance recently repealed at the
January 3, 2023, Town Council meeting.
Staff Summary (Background)
N/A
Attachments
Scheduled Public Appearance/Presentation Form
Form Review
Inbox Reviewed By Date
Finance Director David Pock 01/09/2023 10:37 AM
Town Attorney Aaron D. Arnson 01/09/2023 02:42 PM
Town Manager Grady E. Miller 01/09/2023 05:38 PM
Form Started By: Linda Mendenhall Started On: 01/09/2023 09:03 AM
Final Approval Date: 01/09/2023
ATTACHMENT to SCHEDULED PUBLIC APPEARANCE/PRESENTATION FORM.
Eugene Mikolajczyk, January 9, 2023
Description and purpose of Appearance/Presentation:
Repeal of the sign ordinance sections of the Town Zoning Ordinance at the 1/3/023 Town Council meeting was a violation of A.R.S. section 9-462.03(B) which provides: “A zoning ordinance that changes any property from one zone to another, that imposes any regulation not previously imposed or that removes or modifies any such regulation previously imposed must be adopted following the procedure prescribed in the citizen review process and in the manner set forth in section 9-462.04. The repealed provisions were enacted after a great deal of public debate and citizen input, and after a lengthy vetting by the Town Planning and Zoning Commission. Having been passed as a result of that process, Town Council was obligated to follow the same process before considering repeal.
Town Council acted illegally in repealing the sign ordinance sections at the 1/3/2023 Council meeting. ARS 9-462.04 cited above requires that this procedure has to be followed: “If the municipality has a planning commission or a hearing officer, the planning commission or hearing officer shall hold a public hearing on any
zoning ordinance.” Town Council acted illegally and litigation challenging its actions is likely. Town Council should reconsider its
repeal actions taken at the 1/3/2023 meeting and follow the procedures mandated by ARS 9-462.04.
Signed: Date: January 9, 2023
ITEM 5. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/17/2023 Meeting Type: Town Council Regular
Meeting
Agenda Type: Public Appearances/Presentations
Submitting Department: Administration
Prepared by: Amanda Jacobs, Economic Development Director
Staff Contact Information: Amanda Jacobs, Economic Development Director
Request to Town Council Regular Meeting (Agenda Language): PRESENTATION: Update from
President/CEO Chris Camacho of Greater Phoenix Economic Council (GPEC)
Staff Summary (Background)
The Greater Phoenix Economic Council (GPEC)'s mission is to attract and grow quality businesses and
advocate for Greater Phoenix’s competitiveness. GPEC is guided by and strategically focused on two
specific long-range goals: 1) Marketing the region to generate qualified business/industry prospects in
targeted economic clusters and 2) Leveraging public and private allies and resources to locate
qualified prospects, improve overall competitiveness and sustain organizational vitality. The Town will
invest $11,707 in fiscal year 2022/23 to support these efforts.
President/CEO Chris Camacho will be in attendance at the January 17, 2023 Council meeting to
provide a regional economic activity report.
Attachments
Presentation
Form Review
Inbox Reviewed By Date
Finance Director David Pock 12/27/2022 08:32 AM
Town Attorney Aaron D. Arnson 12/28/2022 08:15 AM
Town Manager Grady E. Miller 01/04/2023 09:34 AM
Form Started By: Amanda Jacobs Started On: 12/21/2022 03:22 PM
Final Approval Date: 01/04/2023
FEBRUARY 16TH, 2022TUESDAY, JANUARY 17TH, 2023
Fountain HillsTown Council
2
3
4
ABOUT GPEC
5
ABOUT GPEC
6
ABOUT GPEC
Business
Development
Update
7
FY23 Quick Overview
95%
of Goal
23%
International of Last Year
75%
Prospect Stats
22 Companies
$23.7 Billion
4,812 Jobs
Located in FY23
In Capital Investment
Created in the Region
$85,625
Avg. High Wage Salary
8Numbers as of Dec. 31st
BUSINESS DEVELOPMENT UPDATE
YTD FY23 Current Prospect Activity
9
Active Prospects 229
FY23 Prospects 113
Capital Investment Potential*$120.5 Billion
Jobs Potential*32,649
Square Footage Potential*38.5 Million
*Prospect Potential. Numbers as of Dec. 31st
BUSINESS DEVELOPMENT UPDATE
FY23 YTD Prospects by HQ Location
•12% prospects from California
•23% international prospects
including from:
•Taiwan
•United Kingdom
•Austria
•Japan
•Czech Republic
•Spain
•France
•Singapore
10
International 26
Unknown 34
Grand Total 113
Numbers as of Dec. 31st
13
5
7
2
1
1
2
3
1
1
1
1
2
2 2
1
3
3
1
1
1-10 11-20 21-30 30+
BUSINESS DEVELOPMENT UPDATE
GPEC & Town
of Fountain Hills
11
Fountain Hills 5-Year Trend on Revenue Return
11:1
Revenue
Return
Funding for FY23:
$11,707
(AZ Office of Economic Opportunity
2021 population)
$11
of direct revenue for every
$1 invested¹of total revenue for every
$1 invested²
$29
in new consumer spending
generated by new Fountain Hills
jobs and employed Fountain Hills
residents. An addition of $178.4
million created by multiplier effects results in total consumer
spending of $471.6 million.
$17.9M
in new Fountain Hills direct
revenues³ (boosted to $1.7
million when including related
multiplier effects of $1 million)
$630,938
1 Includes property, sales and utility taxes, as well as state-shared and other local revenues.2 Includes direct revenues plus those generated by related supplier and consumer jobs. 3 Revenue estimates are from the Greater Phoenix Consensus Impact Model. In 1999, GPEC and our members developed the region’s first-ever consensus-based revenue and economic impact model. Based on nationally accepted multiplier data provided by IMPLAN, the model is customized to calculate economic and revenue benefits for GPEC’s members and the State of Arizona.
12
GPEC & FOUNTAIN HILLS
Regional Results
Regional Results Summary
FY22 FY21 5-Year Total
Payroll Generated
(in millions of dollars)$635.0 $594.9 $2,827.6
Jobs 10,859 9,928 47,132
High-Wage Jobs 4,748 5,470 26,186
Average Salary $58,477 $59,921 $59,993
Qualified Prospects 272 277 1,325
Assisted Locates 55 45 226
Capital Investment
(in millions of dollars)$3,211.7 $13,020.1 $22,801.0
When a company
selects a Greater
Phoenix location, all
communities benefit
with increased tax
revenues.
GPEC-assisted
locates have created
5,026 jobs region-
wide for Fountain
Hills residents over
the past five years.
The Town of Fountain
Hills benefits from site
location projects and
GPEC activities that
occur across the region.
Economic development
projects create value by
generating public and
private revenues.
Commute patterns
and retail studies
show that employees
of “locates” live and
spend their incomes in
all Greater Phoenix
communities.
Results Through Regional Success
13
GPEC & FOUNTAIN HILLS
14
Scottsdale
50 Phase 1 Jobs
12,500 SF
Scottsdale
15 Phase 1 Jobs
2,200 SF
Phoenix
150 Phase 1 Jobs
117,000 SF
Phoenix
2,250 Phase 1 Jobs
1,000,000 SF
Gilbert
20 Phase 1 Jobs
3,410 SF
Casa Grande
2,250 Phase 1 Jobs
1,000,000 SF
Phoenix
300 Phase 1 Jobs
16,755 SF
Scottsdale
25 Phase 1 Jobs
4,268 SF
Mesa
350 Phase 1 Jobs
550,000 SF
Recent Announcements
GPEC & FOUNTAIN HILLS
15
FY23 ACTION PLAN
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/17/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Linda Mendenhall, Town Clerk
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of the minutes for the Regular Meeting of December 6, 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 laws.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
Staff Recommendation(s)
Staff recommends approving the minutes of the Regular Meeting of December 6, 2022.
SUGGESTED MOTION
MOVE to approve the minutes of the Regular Meeting of December 6, 2022, as presented.
Attachments
2022.1206.TCRM.Minutes
2022.1206.TCRM.Verbatim Transcript
Form Review
Form Started By: Linda Mendenhall Started On: 01/09/2023 08:03 AM
Final Approval Date: 01/09/2023
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
December 6, 2022
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held on
December 6, 2022, to order at 5:30 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 Peggy McMahon; Councilmember
Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Alan Magazine;
Councilmember Mike Scharnow; and Councilmember David Spelich; Councilmember
Members Absent: None
Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town
Clerk Linda Mendenhall
Audience: Approximately One Hundred twenty-five members of the public were present.
4. RECOGNITION OF OUTGOING COUNCILMEMBERS
A. Comments from the Outgoing Councilmembers
Councilmember Alan Magazine expressed his appreciation to the voters for
giving him the opportunity to represent them and placing their trust in his abilities.
He thanked the current council and expressed his appreciation for the Town Staff
for their dedication to the welfare of their citizens.
Councilmember Mike Scharnow expressed his appreciation to the residents of
Fountain Hills for this unique opportunity to serve. He thanked the past council
members, current council members, and incoming council members for their
commitment and dedication to the Town.
Councilmember David Spelich expressed his appreciation to the residents of
Fountain Hills mentioning it was an honor and privilege to serve them. He
expressed his appreciation to the Town staff for their hard work and their
commitment to the residents and thanked the current council for their service to
the community.
B. Comments from the Current Councilmembers
Vice Mayor Peggy McMahon thanked the current council mentioning that it has
been a pleasure to serve with them for the past two years. She congratulated the
outgoing council members and wished them well in their new endeavors.
Councilmember Sharron Grzybowski spoke about individualism and how it ruins
towns mentioning the need for open conversation around what’s best for the
entire town and not for individuals sitting at the table. She expressed her
appreciation to the outgoing council members for their points of view and how
she learned from their discussions.
Councilmember Gerry Friedel expressed his appreciation to the outgoing council
members for their dedication and service.
Mayor Ginny Dickey expressed her appreciation to the outgoing council
members and recounted some of the challenges over the years as a public body.
She thanked the outgoing council for their expertise, service, and commitment.
C. Comments from the Public
The following Fountain Hills residents provided comments to council:
Cynthia Magazine, a Fountain Hills resident and wife of outgoing councilmember
Alan Magazine spoke about the journey of her husband on council as well as
recalling her observations of the other councilmembers and their growth over the
years.
Kim Wolborsky, a Fountain Hills resident, thanked the outgoing councilmembers
for their service and hopes that the new council can all buckle up and work
together.
D. Presentation of Pins
Mayor Dickey presented outgoing Councilmembers Alan Magazine, Mike
Scharnow, and David Spelich with their Fountain Hills pin created by Sami’s Fine
Jewelry.
5. SWEARING-IN CEREMONY
A. Swearing-in of the Mayor and the incoming Councilmembers by the Town of
Fountain Hills Municipal Court Judge Robert Melton
Judge Robert Melton administered the oath of office to Mayor Dickey who was
accompanied by her husband James Dickey, incoming councilmembers Brenda
J. Kalivianakis, who was accompanied by her friend, David Lovrak, Hannah Toth
who was accompanied by her father Rick Toth, and Allen Skillicorn who was
accompanied by his wife, Heather Skillicorn.
6. RECESS
Town Council recessed from 6:07 p.m. and reconvened at 6:29 p.m.
7. ROLL CALL
Members present: Mayor Ginny Dickey: Vice Mayor Peggy McMahon; Councilmember
Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Brenda J.
Kalivianakis; Councilmember Hannah Toth and Councilmember Allen Skillicorn
8. COMMENTS FROM THE INCOMING COUNCILMEMBERS
Councilmember Hannah Toth thanked everyone who came to the meeting and the
outgoing councilmembers for their service. She thanked the people of Fountain Hills for
trusting her to serve on the council.
Councilmember Brenda J. Kalivianakis thanked everyone who came to the meeting and
encouraged future attendance at meetings. She expressed her appreciation for the staff
and the extremely important work that they do. She looks forward to serving with the
new town councilmembers, and working with the Mayor and current council to serve the
people of Fountain Hills.
Councilmember Allen Skillicorn thanked the residents of Fountain Hills for placing their
trust in him to serve the community. He promised to listen to and represent them; he will
only listen to them and not to special interests or lobbyists.
Mayor Ginny Dickey expressed her appreciation to the people that have helped her
along the way and the citizens who gave her the opportunity to continue to serve the
community.
9. 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.
Written statement provided by:
Kathy Killian
Barry Wolborsky, a Fountain Hills resident, addressed council regarding traffic safety
and the emphasis council places on speeding. He suggests that the emphasis should be
placed on bad driving and not speeding.
10. REGULAR AGENDA
A. CONSIDERATION AND POSSIBLE ACTION: Approval of the proposed 2023 Town
Council Meeting Dates and Summer Break.
MOVED BY Councilmember Skillicorn to approve the Consent Agenda, SECONDED
BY Councilmember Gerry Friedel.
Vote: 7 – 0 passed – Unanimously
Councilmember Friedel Aye
Councilmember Grzybowski Aye
Councilmember Kalivianakis Aye
Councilmember Skillicorn Aye
Councilmember Toth Aye
Vice Mayor McMahon Aye
Mayor Dickey Aye
11. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii)
directing staff to conduct further research and report back to the Council.
Councilmember Allen Skillicorn asked to have the following items added to a future
council meeting agenda for consideration: Invocation, Repealing the Sign Ordinance,
and Resolution 2012-31.
12. ADJOURNMENT
Having no further business, Mayor Ginny Dickey adjourned the Regular meeting of the
Fountain Hills Town Council held on December 6, 2022, at 6:42 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 6th day of December 2022. I further certify that the meeting was duly
called and that a quorum was present.
DATED this 17th day of January 2023.
_____________________________
Linda G. Mendenhall, Town Clerk
TOWN OF FOUNTAIN HILLS Page 1 of 20
DECEMBER 6, 2022 TOWN COUNCIL MEETING
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Post-Production File
Town of Fountain Hills
December 6, 2022 Town Council Meeting
Transcription Provided By:
eScribers, LLC
* * * * *
Transcription is provided in order to facilitate communication accessibility and may not
be a totally verbatim record of the proceedings.
* * * * *
TOWN OF FOUNTAIN HILLS Page 2 of 20
DECEMBER 6, 2022 TOWN COUNCIL MEETING
Page 2 of 20
MAYOR DICKEY: Good evening, everyone, and welcome. So happy to see you all
here tonight.
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: Thank you.
Please, remain standing for a moment of reflection. Thank you.
Roll call, please?
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Here.
MENDENHALL: Vice mayor McMahon?
MCMAHON: Here.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Present.
MENDENHALL: Councilmember Scharnow?
SCHARNOW: Here.
MENDENHALL: Councilmember Magazine?
MAGAZINE: Here.
MENDENHALL: Councilmember Spelich?
SPELICH: Present.
MENDENHALL: Councilwoman Grzybowski?
GRZYBOWSKI: Present.
MAYOR DICKEY: Thank you.
So I'm going to give you an overview of what's going to happen so those of you that have
plans to go celebrate, you'll know what to expect.
We're going to start with hearing from our outgoing councilmembers, if they would like.
We'll ask our current colleagues, if we would like to comment, and invite members of the
public to say farewell remarks to Councilmen Scharnow, Magazine, and Spelich.
I will present them with their beautiful fountain pens made by Sami, and then I'll pass the
gavel to the vice mayor, and we will proceed with the oath of office. And our own Judge
Robert Melton, will come in and give us the oath of office to the incoming members.
TOWN OF FOUNTAIN HILLS Page 3 of 20
DECEMBER 6, 2022 TOWN COUNCIL MEETING
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Then, following the oaths, Peggy will call recess, so we can meet in the lobby and have
some refreshments before we'll proceed with the regular meeting with our new members,
who will have the opportunity, also, to comment. We'll have our regular call to the
public at that time and a very, very brief agenda.
So again, welcome. We're very happy to have you here.
We're going to start with hearing from our outgoing members. And we're going to start
with Alan Magazine, who's been here for two terms, and we're also going alphabetical.
So there you go.
Alan.
MAGAZINE: Thank you, Mayor.
I have a prepared statement.
Let me begin by saying it's been an honor, a tremendous honor, to represent the citizens
of Fountain Hills for the past eight years. I very much appreciate trust the voters have
shown in my ability to best represent the Town. And I want to thank the other
councilmembers with whom I have served. I firmly believe that, despite occasional
disagreements, which occurs with every elected body, in my eight years on the council I
have not witnessed any animosity. Disagreements? Of course. Strenuous debate?
Naturally. But when the vote is recorded, majority rules. You shake hands, and you
move on.
That's what happens in our democratic system. Differences of opinion can be related to a
person's experience, education, background, staff recommendations, and so on. We
never, and we should not, question a colleague's underlying motives other than to do
what is in the best interest of our citizens.
This also goes for elections. They can be rough and tumble; emotions run high. But
when the votes are counted, the people have spoken.
It's not easy to be on the losing end; I am competitive. I hate to lose. But for the good of
the public that we serve and the stewardship of our town, we must put it behind us and
congratulate the winners; and I do so.
Who do I want to heap the most praise on? Our staff. Every community should have
staff members who are as dedicated to the welfare of their citizens. We are so fortunate
to have these people who work long hours with very little recognition. And the job isn't
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DECEMBER 6, 2022 TOWN COUNCIL MEETING
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easy. At times, they have to deal with cranky councilmembers and citizens. Mistakes,
we all make them. I certainly have. But you can't dwell on them. There are no do-overs.
You try to learn and improve and move on. That is what the citizens expect and deserve.
My best to the new council as they tackle both old and new issues that come before them.
Thank you.
MAYOR DICKEY: Thank you, Alan.
Councilman Scharnow?
SCHARNOW: All right. Well, thank you, Madam Mayor. And before I begin my
formal comments, we're not having our regular reports, but we did have a Thanksgiving
morning Turkey Trot out here. I did not run in that, although I did years ago, believe it or
not. And I understand it was a record turnout, so that's awesome. And then afterward,
between the Town and Chamber, was a very nice parade. A lot of us were in that parade,
and we had fun. And it was very crowded.
And then, just this past Saturday, as part of Noon Kiwanis I had opportunity to be part of
Breakfast with Santa and we had 200-plus people at the Community Center for sitting
with Santa and having breakfast. And then afterward, there was a Sensitive Santa event
from 11:30 to 12:30, and I was honored enough to be part of that as well. We had some
special needs and autistic children come in and meet with Santa. So that was very
rewarding. And I just want to thank Jennifer and Kim over at the Community Center for
helping with that and coordinating that, and also the Town took on a much bigger role
with Breakfast with Santa. So we appreciate their cooperation and sponsorship for that.
So moving on. It's certainly a bittersweet moment for me, being up here, since a large
part of me did want to continue in public service. As I told people, I've enjoyed probably
95 percent of the time being on the council. And no, I didn't choose not to run because
the other five percent, but rather it's time to move on to other adventures and open new
chapters in my book of life. And this chapter of serving on the town council has been a
privilege and honor, just as Councilman Magazine has stated. And I spent many years as
a journalist covering this town and this council. So I never really thought I'd be sitting up
here in this role. In fact, several times over the past several decades, I told people you've
got to be crazy to run for council and subject yourselves to this, right?
So with that, I do want to thank all my supporters for their encouragement over the years,
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and I will certainly miss interacting with our professional staff, including long talks about
a wide variety of issues with Aaron and Grady, Justin, Rachel, Capt. Larry, Bo, Chief
Dave and many, many others. As Alan said, we truly do have great employees here, and
I thank them.
I want to thank my business partner, Jerrod Stearnes, for acting as a contrarian sounding
board over the years. And of course, my wife, Brenda, was always there for me on this
rollercoaster ride of enumerable ups and downs. [Spanish language].
I've enjoyed the banter and discussion among my fellow councilmembers over the years.
Well, maybe just 95 percent of the time, and that five percent can be brutal. But
regardless of our similarities and differences we and a relatively short list of our fellow
citizens have stepped up and answered the call to serve in this very public life. To open
up ourselves to not only applause but criticism as well. Although I would say most of it
is not warranted, but that's just my opinion. Those who have stepped up they're all
pictured on the back wall back there. And so I commend all of you who are staying up
here. Those who are leaving office, those who have served in the past, and those who
will be sworn into office here in a little bit.
I want to thank you all for your commitment and dedication to the Town. We've had
differing views on some issues, as Alan stated, but it should be about the public service
not the critics. And in a speech given in 1910, famed President Teddy Roosevelt said
this, "It is not the critic who counts, not the man who points out how the strong man
stumbles, or where the doer of deeds could have done them better. The credit belongs to
the man who is actually", well the man and the women, "who are actually in the arena,
whose face is marred by dust and sweat and blood, who strives valiantly, who errs, who
comes short again and again, because there is no effort without error and shortcoming,
but who does actually strive to do the deeds".
So I give you all credit, we all have strived valiantly in our own ways. And I think it's
fair to say our faces on occasion have been marred by dust and sweat and blood. But we
have done many good deeds, and I look forward to many more good deeds being done in
this arena.
So thank you Fountain Hills for this unique opportunity. I sincerely wish the best for
everybody.
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Thank you.
MAYOR DICKEY: Councilman Spelich?
SPELICH: Well, for the last time, thank you, Madam Mayor.
I have never considered myself a politician, but an advocate for the Fountain Hills
residents. I want to thank the townspeople of Fountain Hills for electing me to the town
council four years ago. I want you to know that I have always done my very best for you,
my best for the Town, and my best for the citizens of this town. I have never taken my
role on this council lightly. My votes and my actions have always been to promote what
I believe is right, not what is easy or nonconfrontational or uncomplicated, but what I
believe to be the best decision within the given context.
It was an honor and a privilege to serve you, and I hope I made you proud. It has been
my core focus to always look out for you and to spend your tax dollars wisely. My only
regret is that the issue of resolving the overcharges by MCSO Administration is still in
progress, and at this time the taxpayers of Fountain Hills are owed a refund of your tax
dollars due to MCSO not fulfilling their contractual obligations these last four years, and
I hope that the new council will tackle this issue and get the monies that each and
everyone of you are owed.
I want to thank each and every town employee for their hard work and their commitments
to the residents. I want to especially thank the following staff that I have interacted with,
depended on, and pestered on a weekly basis.
Page 2. They are Rachel Goodwin, Justin Weldy, David Pock, Kevin Snipes, and Mike
Ciccarone, who constantly changes my password and shows me how to log on. And last,
but not least, the amazing executive assistant, Angela Espiritu, who constantly reminded
me of where to be and what time to be there.
As you are all well aware, I have an extreme fondness for our town first responders. I
want to start by thanking Capt. Larry Kratzer and Lt. Jonathan Halverson, and all the men
and women of MCSO for placing their lives on the line for us daily and making Fountain
Hills one of the most safest communities in Arizona.
To Capt. Dave Ott, and the men and women of Fountain Hills Fire Department, thank
you for protecting our lives and thank you for protecting our property. May God bless all
first responders.
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Mayor Dickey, thank you for all that you do, and although at times, we did not agree on
various issues, we did agree for our love for this community. And that always shone
through.
To Councilman Gerry Friedel, we started this journey together more than four years ago,
I leave you to carry on. To my fellow councilmembers, thank you for your service to this
community, and I wish you many blessings and success in your years moving forward.
To the new town councilmembers, let me go on the record saying this will be the hardest
damn $400 you will ever make in your entire lifetime.
To my wife, Marsha, thank you for all your support, thank you for your patience through
the endless phone calls, cold dinners, and especially when I came home from council
meetings wanting to throw things against a wall.
To my many friends, thanks for always standing beside me these last four years. I love
you guys. I realize how much I looked forward to going out around town, not having to
hear what a moron I am. How they can't believe I voted for or against something. I will
delight in my returning to my private life.
Four years ago I ran on common-sense government as the foundation for my campaign. I
believe I have delivered on that. Promises made and promises kept.
God bless Fountain Hills. I wish you all a merry Christmas and a happy New Year.
MAYOR DICKEY: Thank you so much all of you.
Would any of the current council like to say a few words? Vice Mayor?
MCMAHON: Good evening, everybody.
And I would like to say thank you to Mayor Dickey and my fellow councilmembers. I'm
letting you know that it has been a pleasure serving with you over the past two years.
While at times we've disagreed on various matters, for the most part we've been
respectful in our discussions, ultimately making decisions that have been in the Town's
best interests. To Alan and Mike and David, congratulations on your retirement. Your
service has been invaluable and is reflected in the success of our award-winning town
today. And you should be really proud of that. Each of you have brought a personal and
unique perspective to the hundreds -- it seems like the millions of decisions we've made
on behalf of the Town sitting up here. Some were funny other times not so much, but it's
been really great working with you guys.
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I've learned a lot from your comments and your insights, which will continue to aid me as
I move forward as a councilmember. I will definitely miss serving with you and wish
you the best in your new endeavors and your retirement.
Thank you and good luck.
GRZYBOWSKI: I wasn't expecting to go next.
We all saw the red campaign signs over the summer. I believe that instead they should
have read individualism ruins towns. In my experience, when someone brings
individualism to the table, they come in with a closed mind. Discussion and compromise
are impossible with a meeting full of closed minds but are an integral part of any board,
commission, or council. The people sitting on the dais aren't always a good
representation of our constituency. We need to be open to conversation around what's
best for the entire town, not what's best for the individual sitting at the table.
Individualism should be reserved for things like your hair color, tattoos, piercings, what
you drive, or the tie you pick out when you get up in the morning.
Alan, Mike, and David, I truly enjoyed sitting on this dais with you for the past two
years. I appreciate your points of view and learned from our discussions. We may not
have always agreed, but you respected your position on the council enough to listen and
thoughtfully consider what was being shared. Each of you responded to me kindly and
with respect. I hope you felt the same from me.
I truly hate saying goodbye. I consider each of you friends and hope that we'll keep in
touch.
Thank you.
FRIEDEL: Thank you, Mayor.
I'd like to start off by saying that the trust that is put in each one of us is very important,
and as an elected official I think that that trust was shown by the three of you that are
leaving office today.
David, thank you for being a great mentor, means a lot to me. Your sense of humor and
your sharp tongue will not be forgotten. And thanks for always standing up for what is
right for our residents in this town. I think that they all appreciate that.
Alan, thanks for your experience and your dedication to the Town, and continued success
in your artwork; I know you'll have a full-time job there.
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And Mike, thanks for stepping up. And I know you've got a lot of work going on with
the Coalition, so that will be your next big adventure. So thanks for doing that for our
town; it's an important part of our town, and we appreciate that.
So thank you, all three of you.
MAYOR DICKEY: Thanks so much.
So I feel a little bit like Dorothy saying goodbye to three friends who took us through
quite an adventure. Adventure together that you know you -- well, I don't want to
mention the COVID and all of that, but literally we all went through quite an adventure.
So everybody, all three of you, certainly have brains, certainly have courage, but you
most importantly had heart and you have heart. To a man, there was never a doubt --
you're going to make me cry now. To a man, there was never a doubt that the
community as a whole is your priority, always. Thank you. Was your priority -- is your
priority.
We faced so many challenges and we faced a lot of losses, and literally unprecedented
losses and issues. But with communication and honesty, as has been brought up here, we
were able to navigate through despite, as also has been brought up, some differing views.
At the same time though, we managed to usher in a lot of new activities, businesses,
projects, including improvements in infrastructure, parks, and public safety.
So speaking of public safety, David. David's vast experience in law enforcement was
valuable and very much appreciated. We are going to continue to rely on him, as we did
during his tenure. And as you mentioned, when I spotted that red light go on on your
microphone, I could guarantee what would come next was never going to be boring or
predictable. And Dave, I will say your -- we'll call him your fiscal notes, kept us aware
of your goal though, and this is serious, to always make sure that we were giving and
getting a fair shake. And you were very successful with that.
We had another tax dollar watchdog, as a matter of fact, in Alan Magazine. Over his
eight years serving on the council, we could depend on him to look at all the angles and
give serious thought to your decisions that were always based on facts. The talent for
strategic planning and economic development, Alan demonstrated a good balance of
forward-thinking and town identity while preserving the qualities that make Fountain
Hills so special. He's going to continue his involvement with our branding and with other
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issues, as we go along.
You're not off the hook.
Councilmember Scharnow. Your commitment to that extraordinary blending of character
and our community, has always been crystal-clear. He garnered a unique perspective
from his decades of witnessing and then living in Fountain Hills. With the eye of a
journalist, Mike has the knowledge to appreciate various sides of an issue. While his
experience as a resident and a prolific volunteer, starting way back when at parks and rec,
showed his unabashed public service. We look for his insights into future issues and as
mentioned also, particularly those involving our youth.
It's commendable how this council would take up individual items, researched and
backed by our professional staff and our commission's recommendations, so we could
arrive at solutions and pursue ideas, new ideas, in good faith for everyone. It's been an
honor to work with David and Alan and Mike who, along with Gerry, Peggy, and Sharron
made sure that when you live in Fountain Hills there is indeed no place like home.
So I would like to invite the public, if they would like to come up and say a few words
about our -- this is a nice night -- about our outgoing councilmembers.
As I mentioned, we'll have our regular call to the public during the regular meeting. So if
anybody would like to come up and share a few words, you're certainly welcome to do so
at this time. Or you can do so privately. There, come on over.
You can state your name if you don't mind, but we're not all that formal.
MAGAZINE: Oh, no.
MAYOR DICKEY: You better watch out. I believe this is Mrs. Magazine.
FRIEDEL: Can't you save that for home?
MAGAZINE: I'm with you.
MAGAZINE: Is this on? Okay.
Alan didn't expect this, and neither did I. But as I sat in the audience, I felt that I had to
say several things about this council and about Alan.
Before I met him, he spent eight years at the Fairfax County Board of Supervisors in
Virginia. Eight years when he was pursuing a PhD, working at EPA in public relations,
and was driving to get a lot on his resume. I don't think that's the way he put it, but that
was the way it came out.
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I met him later, after that part of his life, and lived with him in Virginia while he had
several interesting jobs in the CEO category. When we moved to Fountain Hills, he kept
saying what am I going to do now. And I said why don't you get in touch with the town
manager, who wasn't Grady at the time, and see if there's some way you can give public
service. No, he said, it's too soon.
So he waited and joined strategic planning advisory commission and became its
chairperson, developing the strategic plan for the town. Then he decided to run for
council. And it was interesting going through that election, as there was almost no
competition. But he won, a relative unknown in the community.
He teases me because I usually stay home, and I watch council meetings. first, it was on
Channel 11, and now it's on YouTube. And I sit there, cozy, on my sofa with a glass of
wine sometimes, and I watch what this group does. I have come to appreciate David's
humor is just -- he has me in stitches, and I'm sitting there in our house by myself, and he
doesn't know that I'm laughing and enjoying how much he is contributing both in humor
and in being THE fiscal watchdog for this town.
Alan has been similar, and I've watched over the last two years -- four years. I've
watched them spar with each other, create a lot of humor, and come to appreciate each
other.
I've watched Ginny, as mayor, grow by leaps and bounds. And she has done a fabulous,
fabulous job as mayor. And I'm so glad you're back, Ginny.
I should also mention Sharron, who I knew way before she ever ran for council. An
interesting woman of varied taste and sensibilities.
Mike Scharnow was the editor of the Fountain Hills Times when I first met him. He's
been a quiet, intelligent, and caring voice on the council and for the community, and
someone who has grown up with Fountain Hills and has seen that happen. We were
lucky to have you, Mike, on the council these four years.
Gerry, we met, I think it was when you first ran, you and David, together. And you came
to a democratic meeting with David. Both of you walking in and saying what are we
doing here. These are -- David said, wait till I tell my wife. I came to this meeting of all
women of opposite persuasion. And Gerry showed his walking shoes with holes in them,
because he and David had gone neighborhood to neighborhood to neighborhood. Your
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time came later, Gerry, and you came also through the strategic planning advisory
commission. So you came with some experience. Thank you for what you're doing.
Peggy. Peggy, I've known you for what? Eight, ten years in a different capacity. When
you and Sharron both ran at the same time, you kept calling Alan and saying aren't we
supposed to do something, because there was no competition. It was just the two of you,
and you walked into this job and probably wondered what you'd gotten yourselves into.
I also want to speak to Grady and Aaron.
Grady, I have told you privately that you're the best town manager I've ever worked with.
And that includes town manager of Berkely, California who was outstanding. I've seen
you grow in this job. it's been an amazing growth that I've seen, the staff that you've
developed and nurtured.
Aaron, I've seen you grow in the job too. Remember the unfortunate circumstances that
brought you to us, but it's been a good thing.
I wish you both the very best going forward, and the same to those of you remaining on
the council. I had no idea I was going to do this.
MAGAZINE: (Indiscernible). I want to thank you for reading the script that I wrote
very carefully.
MAYOR DICKEY: Does anybody else like to come up? Yes, ma'am.
WOLBORSKY: Hi. I'm Kim Wolborsky, and I would just really like to thank the
outgoing members of the council for their service. You know, a lot of us are on different
sides of different issues in this town, but we're a town, and I understand I wouldn't do it.
That $400 wouldn't be worth it to me. So I really appreciate it, and I hope that the new
council can all buckle up and work together, in spite of the differences, and that we can
just be a town.
Thanks.
MAYOR DICKEY: Well, I think right now, we'll move on to the presentation of the pins
for our folks that are outgoing. They're lovely. I'm not going to take them out of the box
because the boxes are gorgeous. But they're like this that I was honored to get when I left
council. You can see how beautiful they are.
And there's yours, Mike. Thank you so much. And there's yours.
MAGAZINE: Thank you.
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MAYOR DICKEY: And the last one for David. Here --
SPELICH: How much did these cost? A waste of money.
MAYOR DICKEY: We'll be happy to send you the bill.
SCHARNOW: We had to hire a consultant first to figure out which --
MAYOR DICKEY: Yeah, we did a study.
SCHARNOW: -- pins to --
MAYOR DICKEY: We did a study.
So I think we're going to call the judge up here. I'll hand the gavel over to Peggy, and
we'll do the oaths of office. Thank you.
MAGAZINE: We've got to leave?
MAYOR DICKEY: You don't have to leave.
SPELICH: Are they sitting now?
MAYOR DICKEY: We're doing the oath of office, and then we're going to have our
reception outside. So --
SPELICH: Time to go home.
MAYOR DICKEY: You're free to sit here while we do this.
Come up here, with the person that's going to hold the book for you, and Judge will do
the oath of office.
[Pause]
JUDGE MELTON: All right. Thank you. Oh, I think I can do it. If not, I'll figure it out.
All right. Take a deep breath. Raise your right hands. Okay. And repeat after me.
I, names.
ALL: I --
JUDGE MELTON: -- do solemnly swear that --
ALL: -- do solemnly swear that --
JUDGE MELTON: -- I will support the Constitution of the United States.
ALL: -- I will support the Constitution of the United States.
JUDGE MELTON: -- and the constitution and laws of the State of Arizona.
ALL: -- and the constitution and laws of the State of Arizona.
JUDGE MELTON: That I will bear true faith and allegiance to the same --
ALL: That I will bear true faith and allegiance to the same --
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JUDGE MELTON: -- and defend them against all enemies --
ALL: -- and defend them against all enemies --
JUDGE MELTON: -- foreign and domestic.
ALL: -- foreign and domestic.
JUDGE MELTON: That I will faithfully and impartially --
ALL: That I will faithfully and impartially --
JUDGE MELTON: -- discharge the duties of --
ALL: -- discharge the duties of --
JUDGE MELTON: -- Office of Mayor.
MAYOR DICKEY: Mayor.
JUDGE MELTON: Councilmembers.
ALL: (Indiscernible) --
JUDGE MELTON: -- according to the best of my ability --
ALL: -- according to the best of my ability --
JUDGE MELTON: -- so help me, God.
ALL: -- so help me, God.
JUDGE MELTON: Congratulations.
MAYOR DICKEY: Thank you.
Thank you, everybody.
We would like to invite all of you into the lobby for a reception. And we are now taking
a 20-minute recess.
[Recess from elapsed time 0:48:52 to 1:10:30]
MAYOR DICKEY: Thank you. We're reconvening right now.
I want to thank Judge Melton for everything. We had a little snafu there, but we made it
just fine. I want to thank everyone here in attendance, and I want to congratulate to the
new council.
We're going to proceed with the roll call. Linda?
MENDENHALL: Thank you. Mayor Dickey?
MAYOR DICKEY: Here.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: Here.
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MENDENHALL: Councilmember Friedel?
FRIEDEL: Present.
MENDENHALL: Councilwoman Grzybowski?
MW. GRZYBOWSKI: Present.
MENDENHALL: Councilwoman Kalivianakis?
KALIVIANAKIS: Here.
MENDENHALL: Councilwoman Toth?
TOTH: Here.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Present.
MAYOR DICKEY: Thank you.
We are going to begin with comments from the incoming council people, if they would
like.
So Hannah, would you like to say anything?
TOTH: Absolutely. Thank you, Madam Mayor.
I, first of all, want to thank everyone who came tonight. I know there's plenty of other
things you could be doing on a Tuesday. So I appreciate you taking time out of your day
to come and watch as the new council is sworn in and our previous councilmembers take
their leave. And I want to thank the previous councilmembers for their service to this
town. I know that we're all here, at the core, for the same reason, which is that we love
this town. Fountain Hills is a beautiful place that we are all very blessed to live in. And I
look forward to working with each and every one of you for the betterment and the
improvement of our community. I appreciate the opportunity, and I'm truly honored that
the people of Fountain Hills trusted me to serve on this council. So I know that this is all
just a bunch of thank yous, but that's how I feel. I'm very full of gratitude at the moment.
So thank you, everyone.
KALIVIANAKIS: Thank you, Mayor Dickey. Thank you, council.
I'd like to thank everybody tonight for coming. This was a spectacular crowd, and what a
show of support for your town council. I would encourage you to continue coming to
town council meetings because an engage citizenry and the input that we're going to get
from you is how we should be making our decisions. And so please, keep attending even
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though there's no party and reception during half-time, okay.
I promise to keep this short, but again, I want to thank the Mayor, the current council. I
want to thank Grady Miller. I want to thank the town staff, like they said earlier with the
former council, the town staff is extremely important to the work that gets done here.
And so we are very visible, they are not, but they deserve a great deal of credit for all
they do. I've met all of them. They're sincere, they work hard, they love this town, and
we have to support them.
It is with a great deal of humility and gratitude that I have been seated tonight on the
Fountain Hills town council. I will draw on a lifetime of experience in my career as
attorney, as a business owner, and my service to United States Coastguard Auxiliary,
would be utilized to represent the people of Fountain Hills with dignity, with loyalty, and
with a servant's heart.
I look forward to serving with our new town councilmembers, Hannah and Allen. I look
forward to working with the mayor, and I look forward to working the dedicated
colleagues that still remain. It is my deepest desire to put aside past contentions, to listen
to the better angels of our soul, and to serve the people of Fountain Hills with a sense of
unity and respect. The people have entrusted us, all of us, to be leaders and lead this
great town, the greatest town in Arizona. Let us transcend any differences we may bear
to serve the people, to serve all the people well.
God bless Fountain Hills, and God bless the United States of America.
SKILLICORN: So this seat I'm in, literally this seat right here, is not my seat. It's the
peoples' seat, and I'm humbled and honored that the people of Fountain Hills chose me
and trusts me with this responsibility. My promise here to the people and also the people
that are watching online, is that I will listen, I will represent you, and I will not be
listening to special interests, and I will not be listening to lobbyists. I will only be
listening to the people, because this is about you. This is about our town of Fountain
Hills. So I've once been told that short speeches are the best speeches. So God bless our
town, God bless our state, and let's get to work.
MAYOR DICKEY: Thank you, all.
Our outgoing members and all of us sitting up here now would agree and we've heard
that we owe a debt of gratitude to so many people who've helped us along the way.
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My husband, Jim, I can't even begin to express all he has done over the years. He is a
leader and a true partner; I'm so thankful for him and for my whole family. My late
parents took a chance on a fledgling community in the '70s, and my siblings who
followed them, all of us west to Arizona. To our kids and our grandkids and some of
whom -- and some who just left, but actually came back and live in Fountain Hills. Very
lucky for them and lucky for us.
I appreciate my energetic and my supportive friends and colleagues for sure and the
citizens who gave me the opportunity to continue serving Fountain Hills; and I thank you
for that.
So now, we will move onto our call to the public. Do we have any speaker cards?
MENDENHALL: Yes, Mayor, we do. The first one is a written comment that you have
at your seat on the dais, and it's from Kathy Killian. So she's talking about streets. And
then our next one is in person, and it's Barry Wolborsky.
Barry?
WOLBORSKY: I'm Barry Wolborsky, and I'm a resident of Fountain Hills. And if I talk
enough up here, you'll get my name right. Never tell your wife she has bad hair. Ever.
Actually, what happened is the sidewalk attacked me. I went to the emergency room, and
they took a CAT scan. And luckily I don't have a brain, so nothing happened there.
What I want to talk about tonight is traffic safety in Fountain Hills. And for quite a while
the emphasis on traffic safety from the council and from the mayor, has been on
speeding. I drive a fair amount in Fountain Hills every day, and I don't see a lot of
reckless speeding. On the other hand, I see stuff that scares me to death. I see people
making lefthand turns from the right lane on four-lane streets. Righthand turns from the
left lane on four-lane streets. I see people blowing through stop signs all the time. Twice
this week I've had a car stop dead in front of me, on four-lane Palisades, just in the
middle of the road, which is always kind of surprising and gets your adrenaline going.
I won't even talk about the roundabout which to me, is like sort of like Russian roulette,
where you have six cars in a row going through from one lane, and everybody else sitting
around trying to wait to get in. The three-way and four-way stops are like demolition
derbies, and you take your life in your hands every time you go with them.
Meanwhile, because the sheriff's deputies have been directed to do speeding, they're
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DECEMBER 6, 2022 TOWN COUNCIL MEETING
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sitting on side streets and alleys and parking lots with their radar guns not seeing any of
this. When you put people to do speeding that's what they're going to do. I noticed the
deputy a number of times down off Shea Boulevard, just past Fry's, right at the end of the
town line there. They're really not observing anything in Fountain Hills.
I think we need to get more patrolling on the streets and less sitting in alleys with radar
guns. I think the emphasis needs to be more on bad driving than on speeding. And I
think that will cut the accident -- you know, what surprises me about the accident rate in
Fountain Hills is there isn't more of it. Not that there's as much as there is, because I
think the only reason there isn't more is because we don't have a big population. So
generally speaking, when you do something bonehead, there's nobody there to hit you.
But I really think that more patrolling and less sitting with radar guns would really
improve our traffic and our traffic safety in this town.
That's all I've got.
MAYOR DICKEY: Any more?
MENDENHALL: No, Mayor, there is not.
MAYOR DICKEY: All right. Thank you so much.
So our regular agenda is really short and sweet. Our first item, Grady, is our calendar.
First and only item.
MILLER: So Mayor and council, before you is the proposed meeting dates and a
summer break. So essentially, it's following the first and third Tuesday of the month for
the year, and then we take a brief break in the summer. We will have our last meetings
prior to the summer break at the second meeting in June, and then we have a break. And
then we come back in August for a meeting, because we have a lot of typical business
that happens that really can't wait until September.
So the meeting schedule is before you, for your consideration. If you wish to make some
changes or take action, you can make some suggested changes tonight as part of a motion
to approve the calendar for the year.
Once this is approved, we'll go populate the calendar on the town's website. And so the
public will know for the upcoming 12 months when you'll be meeting. The one thing I
did want to point out is you'll see that we have work sessions and such, and we've been
trying to do those on the same days that we have council meetings. But there may be an
TOWN OF FOUNTAIN HILLS Page 19 of 20
DECEMBER 6, 2022 TOWN COUNCIL MEETING
Page 19 of 20
occasion when we may need to do that on an off meeting. We'll do our best to try to just
use the current council meeting twice a month to try to schedule that. But there may be
some, like I have already talked to the mayor, and we're going to try to bring one or two
items to the council annual retreat, which is held at the end of February.
This schedule also includes the workshops that we have on the budget as well as the
council retreat; I believe it's on February 28th.
With that, I'll be happy to answer any questions you have, and again, this is the council's
calendar not the staff. So this is up to you to decide what your schedule is for the year.
Thank you, Mayor.
MAYOR DICKEY: Thank you. Any questions or comments?
Do we have any speaker cards on this item?
MENDENHALL: No, Mayor, we do not.
MAYOR DICKEY: Thank you.
Would someone like to make a motion, please, on page 4?
SKILLICORN: I'll make a motion to approve the 2023 meeting dates and summer break
schedule.
FRIEDEL: Second.
MAYOR DICKEY: Thank you.
All in favor please say aye.
ALL: Aye.
MAYOR DICKEY: Any opposed?
Thanks so much.
So that was our only action item. Our next item is something that's on every agenda,
which is our council discussion, direction to town manager. Sometimes, if someone like
the gentleman speaks, we'll say that we'll bring some of that information back or anything
for the good of the order. So if there's anybody that would like to ask anything?
Yes, sir.
SKILLICORN: Madam Mayor, just a couple of items I want to add to next agenda. One
of them, I want to restore the invocation instead of the moment of silence. And the
second item that I'd like to add to the agenda is repeal the sign ordinance. That is going
to be 6.07 and 6.08 of the zoning sign regulations and resolution number 2012-31.
TOWN OF FOUNTAIN HILLS Page 20 of 20
DECEMBER 6, 2022 TOWN COUNCIL MEETING
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I can -- Grady, I can send those in an email.
MILLER: Thank you.
MAYOR DICKEY: No, we can't discuss, correct?
MILLER: No.
MAYOR DICKEY: No? Okay. Thank you. Thank you for that.
Anything else?
Thank you. We're adjourned.
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/17/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of a Special Event Liquor License application for the Fountain Hills Veteran's
Memorial, Inc. for a beer garden in conjunction with Irish Fountain Fest on March 11, 2023.
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Sam Coffee, representing the Fountain Hills Veterans Memorial Inc., for
submission to the Arizona Department of Liquor. The applicant and Fountain Hills Veterans
Memorial Inc. are keenly aware that the final issuance of a liquor license as well as approval to hold
the Irish Fountain Fest on March 11, 2023, is contingent upon the state, county, and local ordinances
and guidelines as it relates to public health and the COVID-19 pandemic. All special event liquor
license applicants are required to submit an application and pay a $25 fee for processing. Once the
fee is paid and the application is reviewed by Town staff, the application is forwarded to the Town
Council for review and consideration. After the application is approved by Town Council, the applicant
will bring the signed paperwork to the Arizona Department of Liquor, and be issued a physical license
to be displayed for the duration of the event. The special event liquor license application was
reviewed by staff for compliance with Town ordinances and staff unanimously recommended approval
of the application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the special event liquor license.
Attachments
G:\Special Events\Liquor Apps\2023
Form Review
Inbox Reviewed By Date
Community Services Director Linda Mendenhall 01/10/2023 06:52 AM
Finance Director David Pock 01/10/2023 07:36 AM
Town Attorney Aaron D. Arnson 01/10/2023 08:48 AM
Town Manager Grady E. Miller 01/10/2023 09:41 AM
Form Started By: Linda Ayres Started On: 12/29/2022 06:02 AM
Final Approval Date: 01/10/2023
11/7/2022 Page 1 of 3
Individuals requiring ADA accommodations please call (602)542-2999
CSR:
Amount:
Arizona Department of Liquor Licenses and Control 800 W. Washington St. 5th Floor Phoenix, AZ 85007 (602) 542-5141
Application MUST be submitted to the Department of Liquor 10 days prior to the event.
SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and authorized by an Officer, Director, or Chairperson of the Organization.
1.Applicant: (Must be an Officer/Member of the Non Profit Entity) Last First Middle
2.Applicant’s mailing address: Street City State Zip
3. Applicants home/cell phone: Applicant’s business phone:
4.Applicant's email address:
5. Special Event Name:
6.Name of Non-Profit Organization, Candidate or Political Party/Gov:
7.Non-Profit/IRS Tax Exempt Number:
8.Arizona Corporation Commission File #: If out of State please specify:
(Attach letter of good standing)
9.Event Location Name:
10.Event Address:
Dates and Hours of Event - Days must be consecutive and may not exceed 10 consecutive days.
DLLC USE ONLY
Job #:
Date Accepted:
CSR:
License #:
**SEPARATE APPLICATION FOR EACH “NON-CONSECUTIVE” DAY**
Days Date Day of Week Event Start Time AM/PM
License End Time AM/PM
DAY 1:
DAY 2:
DAY 3:
DAY 4:
DAY 5:
DAY 6:
DAY 7:
DAY 8:
DAY 9:
DAY10:
SPECIAL EVENT LICENSE
APPLICATION FEE $25.00 PER DAY
11/7/2022 Page 2 of 3
Individuals requiring ADA accommodations please call (602)542-2999
SECTION 2 What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.)
_________________Number of Police _________________ Number of Security Personnel Fencing Barriers
Must explain security measures:
SECTION 3 What is the purpose of this event?
On-site consumption Off-site (auction/wine/distilled spirits pull) Both
How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Check one of the following boxes. (R-19-318)
A) Special Event being held on an unlicensed premises will require approval and signature by the Local Governing
Body on page 3. (If checked move to section 4)
B) Will this event be held on a currently licensed premises and within the already approved and licensed area?
(Must attach a letter from the licensed premises with an explanation of the option checked below)
Name of Business License Number Phone (Include Area Code)
Place license in non-use - Special Event Licensee selling all alcohol without retailer involvementMust attach letter from the location suspending license for duration of special event
Dispense and serve all spirituous liquors under retailer’s license – Business operates normally, minimum of 25% of gross
revenue from alcohol sales is donated to licensee
Dispense and serve all spirituous liquors under special event - The special event licensee is in charge of selling alcohol that
was purchased or donated by the special event licensee. The retailers existing alcohol inventory must be separated from any
alcohol used during the special event. Must attach letter from the location suspending license for duration of special event
Split premise between special event and retail location - Both the special event licensee and the retailer will conduct
sales of alcohol. (These sales will be done in separate areas. If alcohol is donated or purchased by the special event licenseeit must be in a separate area than the alcohol that is dispensed by the licensed retailer.)
Off Sale only - Wine/Distilled Spirits Pull, Live or Silent Auctions – Retailer will still be permitted to conduct all normal sale
and service of alcohol.
SECTION 4
1.Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years?
Yes No If yes, attach letter of explanation.
2.How many special event days have been issued to this organization during the calendar year?
3.Is the Organization using the services of a Special Event Contractor? (A licensee can utilize the services of a specialevent contractor who may purchase and sell alcohol on behalf of the licensee. If no special event contractor is listed, thelicensee is responsible for the sales and service of alcohol. )
Yes No If yes, please provide the Name of the Special Event Contractor:
4.Is the organization using the services of a series 6, 7, 11, or 12 licensee to manage the sale or service of alcohol?
(Licensees who hold a series 6, 7, 11, or 12 license are automatically qualified to be the special event contractor)
Yes No if yes, please provide the Name of Licensee: License #:
ITEM 7. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/17/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Amanda Jacobs, Economic Development Director
Staff Contact Information: Amanda Jacobs, Economic Development Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF ADOPTING
RESOLUTION 2023-02, an Intergovernmental Agreement With Fort McDowell Yavapai Nation for the
acceptance of Proposition 202 Grant Funding.
Staff Summary (Background)
Proposition 202 (Gaming Compact with the State of Arizona) was a ballot measure passed by the
Arizona voters in the 2002 state general election and codified in A.R.S. § 5-601.02. This legislation
allows for distribution of funds to cities, towns, and counties for their programs from Arizona Indian
Tribes for government services that benefit the general public, including public safety, mitigation of
the impacts of gaming, and the promotion of commerce and economic development.The Gaming
Compact permits the Nation to allocate 12% of the fees it pays to the State to cities, towns and
counties in the State of Arizona. Many non-profit organizations also request Proposition 202 funding
as "pass through dollars" from cities, towns, and counties to support programs within their
communities. Since the legislation required funds to be solicited by a municipality or county, the Town
Council approved Resolution 2004-34 on July 1, 2004, which adopted the Town's policy and
procedures relating to the Proposition 202 application process for the procurement of funds on behalf
of various entities (i.e. as a pass through for funds).
The Fort McDowell Yavapai Nation (FMYN) has awarded the Town of Fountain Hills a total of
$12,708.57 for the promotion of tourism and economic development in FY2022-23 and $10,000 for
the Fountain Hills Boys and Girls Club.
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; Section 12 of the Gaming Compact 2002 and A.R.S. § 5-601.02; Fountain Hills Resolution
2004-34.
Risk Analysis
Risk Analysis
If the intergovernmental agreement is not approved, the Town will not receive $12,708.57 towards
tourism initiatives in fiscal year 2022-2023.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the IGA.
SUGGESTED MOTION
MOVE to adopt Resolution 2023-02.
Attachments
Resolution 2023-02
Intergovernmental Agreement
Form Review
Inbox Reviewed By Date
Finance Director David Pock 01/10/2023 05:43 AM
Town Attorney Aaron D. Arnson 01/10/2023 06:42 AM
Town Manager Grady E. Miller 01/10/2023 06:53 AM
Form Started By: Amanda Jacobs Started On: 01/09/2023 02:00 PM
Final Approval Date: 01/10/2023
RESOLUTION NO. 2023-02
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE INTERGOVERNMENTAL
AGREEMENT WITH FORT MCDOWELL YAVAPAI NATION, ARIZONA,
RELATING TO PAYMENT OF REGULATORY COSTS AND THE STATE OF
ARIZONA GAMING COMPACT
RECITALS:
WHEREAS, the Town wishes to enter into an Intergovernmental Agreement, dated January
17, 2023 (the “Agreement”) with the Fort McDowell Yavapai Nation, a Federally-Recognized
Indian Tribe (“FMYN”), for the distribution of a portion of 12% of the FMYN annual contribution
(“Contribution”) under Section 12 of the Compact to cities, towns, or counties that benefit the
general public or promote commerce and economic development pursuant to A.R.S. §5-601.02.
ENACTMENTS:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as
follows:
SECTION 1. The recital above is hereby incorporated as if fully set forth herein.
SECTION 2. The Intergovernmental Agreement (“IGA”) between the Town of Fountain Hills (the
"Town") and Fort McDowell Yavapai Nation (“FMYN”) relating the distribution of a portion of 12%
of the FMYN annual contribution (“Contribution”) under Section 12 of the Compact to cities in the
Town is hereby approved in substantially the form attached hereto as Exhibit A and incorporated
herein by reference
SECTION 3. The Town hereby authorizes the acceptance of funds.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to cause the execution of the Intergovernmental Agreement and 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
17th day of January, 2023.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Linda G. Mendenhall, Town Clerk
PAGE 2
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
PAGE 3
EXHIBIT A
TO
RESOLUTION NO. 2023-02
(Intergovernmental Agreement)
See following pages.
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/17/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Linda Mendenhall, Town Clerk
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
DIRECTION: Town Council will consider a request to appoint members of the Town Council to various
regional and local boards and committees.
Staff Summary (Background)
Regional and local representation on behalf of the town is beneficial in maintaining a strong presence
valley-wide. At the Town Council meeting on January 3, 2023, the council reviewed the various
regional and local committees. The council was asked to review the current assignments and
vacancies and select a committee(s) of interest for discussion at the January 17, 2023, Town Council
meeting.
Councilmembers reviewed the opportunities to serve and submitted their interests to the Mayor for
appointment or reappointment to the regional and local committees as follows:
Regional Committees
East Valley Partnership Board of Directors - Vice Mayor Peggy McMahon (currently serving)
East Valley Partnership Education Think Tank - Councilmember Hannah Toth
East Valley Partnership Economic Vitality - Councilmember Sharron Grzybowski (currently
serving)
East Valley Partnership Critical Infrastructure and Transportation - Councilmember Sharron
Grzybowski (currently serving)
Greater Phoenix Economic Council (GPEC) Board of Directors - Councilmember Sharron
Grzybowski (currently serving)
League of Arizona Cities and Towns Budget, Finance, and Economic Development -
Councilmember Sharron Grzybowski (currently serving)
League of Arizona Cities and Towns Neighborhoods, Quality of Life and Sustainability - Vice
Mayor Peggy McMahon (currently serving)
League of Arizona Cities and Towns Public Safety Military Affairs Courts
- Councilmember Brenda J. Kalivianakis
Maricopa Association of Governments (MAG) Human Services and Community Initiatives -
Councilmember Brenda J. Kalivianakis
Maricopa Association of Governments (MAG) Domestic Violence Council - Councilmember
Gerry Friedel (currently serving)
Maricopa Association of Governments (MAG) Economic Development - Vice Mayor Peggy
McMahon (currently serving)
Valley Metro/RPTA Board - Vice Mayor Peggy McMahon
Local Committees
Fountain Hills Cares - Mayor Ginny Dickey, Vice Mayor Peggy McMahon, and Councilmember
Brenda J. Kalivianakis
Traffic & Pedestrian Safety Subcommittee - Mayor Ginny Dickey, Vice Mayor Peggy McMahon,
Councilmember Brenda J. Kalivianakis
Commission Subcommittee A – Councilmember Allen Skillicorn, Councilmember Sharron
Grzybowski, Vice Mayor Peggy McMahon
Commission Subcommittee B – Councilmember Brenda J. Kalivianakis, Councilmember Gerry
Friedel, Councilmember Hannah Toth
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)
The Town Council reviews the current assignments, vacancies, and council requests to determine the
appropriate representative to ensure the Town is adequately represented.
SUGGESTED MOTION
The agenda item is for discussion only.
Attachments
Regional and Local Committees
Form Review
Inbox Reviewed By Date
Finance Director David Pock 01/09/2023 10:34 AM
Town Attorney Aaron D. Arnson 01/09/2023 02:42 PM
Town Manager Grady E. Miller 01/09/2023 05:37 PM
Form Started By: Linda Mendenhall Started On: 01/09/2023 08:23 AM
Final Approval Date: 01/09/2023
TOWN OF FOUNTAIN HILLS
COUNCIL ASSIGNMENTS TO VARIOUS ORGANIZATIONS
ORGANIZATION MEETINGS HELD ASSIGNED
East Valley Partnership
The East Valley Partnership is a coalition of civic,business,educational and political leaders from Apache
Junction,Chandler,Florence,Fountain Hills,Gila River Indian Community,Gilbert,Mesa,Queen Creek,Salt River
Pima-Maricopa Indian Community,Tempe and Pinal County dedicated to the economic development and
promotion of the East Valley of Greater Phoenix,Arizona.They advocate in areas such as economic
development, education, transportation and infrastructure, arts, behavioral health, and other important areas.
https://phxeastvalley.com/about/history/
EVP – Board of Directors 1st Thursday of Month – 4:00 PM Councilmember Peggy McMahon
EVP – Advocacy & Government Relations 3rd Tuesday of month – 10:00 AM OPEN
Oversees legislative strategy and implementation,makes public policy recommendations,monitors legislative,
and city government issues.
EVP – Education Think Tank Quarterly - 4th Wednesday of Month – 8:00 AM O P E N
Includes K-12 and higher education leaders who share ideas and develop strategies to promote the outstanding
work being done on an educational front in the region.
EVP – Economic Vitality 4th Tuesday or Thursday of Month – 8:00 AM Councilmember Sharron Grzybowski
Provides updates,special reports and drives regional strategies,including new business growth,business
retention and workforce development initiatives.
EVP - Critical Infrastructure and Transportation 3rd Tuesday of Month - 7:30 AM Councilmember Sharron Grzybowski
Drives planning and promotes region-wide programs on all forms of transportation,including street,freeways,
rail and bus systems.
GPEC (Greater Phoenix Economic Council)
Established in 1989,the Greater Phoenix Economic Council (GPEC)actively works to attract and grow quality
businesses and advocate for the competitiveness of Greater Phoenix.As the regional economic development
organization,GPEC works with 22 member communities,Maricopa County and more than 170 private investors
to accomplish its mission,and serve as a strategic partner to companies across the world as they expand or
relocate.Consistently ranked as a top national economic development organization,GPEC’s approach to
connectivity extends beyond the fabric of the community.Known as The Connected Place,Greater Phoenix is in
a relentless pursuit of innovative and entrepreneurial technology-focused companies that are committed to
changing the game.As a result,over the past 31 years GPEC has fueled the regional economy by helping more
than 850 companies, creating more than 154,000 jobs and $20.4 billion in capital investment.
GPEC – Mayors/Supervisors Quarterly - Last Thursday of Month Mayor Ginny Dickey
GPEC – Board of Directors Quarterly - 3rd Thursday of month Councilmember Sharron Grzybowski
https://www.gpec.org/about-us/board-of-directors/
The Greater Phoenix Economic Council is led by a Board of Directors,all esteemed public and private leaders
who guide the organization and work collaboratively to shape the region’s economy.As the region grows and
diversifies, business and government leaders have joined to create long-term sustainability in the region.
TOWN OF FOUNTAIN HILLS
COUNCIL ASSIGNMENTS TO VARIOUS ORGANIZATIONS
ORGANIZATION MEETINGS HELD ASSIGNED
League of Arizona Cities and Towns
The League,a voluntary membership organization of theincorporated municipalities in Arizona,exists toprovide
vital services and tools to all its members,focusing principally on representing the interests of cities and towns
before the legislature,and secondarily on providing technical and legal assistance,coordinating shared services
and producing high quality conference and educational events.
League – Executive Committee O P E N
http://www.azleague.org/86/Executive-Committee
League – Policy Committees:
http://www.azleague.org/96/Policy-Committee-Process-Municipal-Polic
These five Committees provide an opportunity for city and town officials from across the state to provide
expertise and direction on proposed policy issues that come to the League.
Policy committees usually meet during April,May and June to
prepare items for the August Annual Conference each year.
The Policy Committee chairs are members of the Executive Committee and are selected by the President of
the League. Municipal elected officials and staff may apply for a position on a Policy Committee. An individual
city or town may have only one vote on each committee. Only elected officials are eligible to vote on the
direction of a policy issue, though staff may participate in the discussion and offer expertise.
After submitted policy ideas are discussed and vetted in the appropriate policy committee, they may become
a League resolution, be referred for further study or they may have a non-legislative solution.
The proposed issues that come before the Policy Committees are either drafted into a policy proposal or
referred for other action. Those items that are recommended for policy action are presented to the Resolutions
Committee during the League’s Annual Conference.
The adopted resolutions form the basis of the Municipal Policy Statement which guides the League’s
legislative efforts at the legislature
The Policy Committees will meet in April, May and June. Meetings are open for anyone to attend; however,
only one elected official from each city on that committee may vote.
Budget, Finance and Economic Development April, May and June | 2:00 p.m.Councilmember Sharron Grzybowski
General Administration, Human Resources and Elections April, May and June | 10:00 a.m.O P E N
Neighborhoods, Quality of Life and Sustainability April, May and June | 10:00 a.m.Councilmember Peggy McMahon
Public Safety, Military Affairs and Courts April, May and June | 10:00 a.m.O P E N
Transportation, Infrastructure and Public Works April, May and June | 2:00 p.m.O P E N
TOWN OF FOUNTAIN HILLS
COUNCIL ASSIGNMENTS TO VARIOUS ORGANIZATIONS
ORGANIZATION MEETINGS HELD ASSIGNED
MAG (Maricopa Association of Governments)
Provide a forum for discussion and study of regional problems of mutual interest to the governments in the
region.
Ensure,through cooperation and the pooling of common resources,maximum efficiency and economy in
governmental operations, which will provide every citizen with the utmost value for every dollar.
Identify and comprehensively plan for thesolution of regional problems requiring multicity,town and county
cooperation.
Facilitate agreements among the governmental units for specific projects or other interrelated developmental
actions or for the adoption of common policies with respect to problems that are common to its members.
Attain the greatest degree of intergovernmental cooperation possible in order to prepare for future growth
and development of the region
MAG – Regional Council Last Wednesday of month – 11:30 AM Mayor Ginny Dickeyhttps://www.azmag.gov/Committees/Policy-Committees/Regional-CouncilTheRegionalCouncil is the governing and policy-making body for the organization and is comprised of elected
officials appointed by each MAG member agency.For most members,the city or town mayor serves as the
Regional Council representative.The chairs of the Boards of Supervisors represent Maricopa and Pinal Counties
on the Regional Council.The State Transportation Board members for Maricopa County represent the Arizona
Department of Transportation (ADOT).The three Native American Communities are represented by their
governor or president
MAG – Human Services and Community Initiatives 3rd Thursday of month – 10:00 AM O P E N
https://www.azmag.gov/Committees/Policy-Committees/Human-Services-and-Community-Initiatives-
CommitteeTheHuman Services and Community Initiatives Committee (HSCIC)is primarily focused on incubating solutions
that strengthen the region.This is driven by the development of a Regional Human Services Action Agenda.
These activities focus on three main areas of data,tools,and policy.Data are presented that illustrate the
demand for human services throughout the region.Tools are offered to better understand these needs and
opportunities.Policy is assessed to determine what changes are recommended to improve the state of human
services in the region. The MAG Human Services Technical Committee provides support. Community partners are
engaged to lend additional support and to participate in the development of the agenda and event.
MAG – Domestic Violence Council 1st Thursday of Month – 2:00 PM Councilmember Gerry Friedel
https://www.azmag.gov/Committees/Policy-Committees/Regional-Domestic-Violence-Council
The Regional Domestic Violence Council serves as the primary coordinating body for issues related to domestic
violence and provides a forum for communication and coordinated action to effectively address,prevent,and
eradicatedomestic violence in theMAG region.The council is charged with workingwith the communityin order
to implement the recommendations in the MAG Regional Domestic Violence Plan.Members of the council are
drawn from local elected officials,members of the Governor's Office Division for Women,business community,
healthcare professionals, prosecutors, police officers, shelter and service providers, and private funders.
TOWN OF FOUNTAIN HILLS
COUNCIL ASSIGNMENTS TO VARIOUS ORGANIZATIONS
ORGANIZATION MEETINGS HELD ASSIGNED
MAG - Economic Development Committee Quarterly - 1st Tuesday of month - 11:30 a.m.Councilmember Peggy McMahonhttps://www.azmag.gov/Committees/Policy-Committees/Economic-Development-Committee
The role of the Maricopa Association of Governments (MAG)Economic Development Committee (EDC)is to
develop opportunity-specific and action-oriented initiatives that fosters and advances infrastructure in the MAG
region,especially transportation infrastructure that would further economic development opportunities.The
EDC consists of 36 members,which is comprised of 20 MAG member agency elected officials and one
representative from the Arizona Department of Transportation appointed by the MAG Regional Council.The
committee also includes 15 business representatives
Valley MetroValleyMetro is the regional public transportation agency providing coordinated transit services to residents of
metro Phoenix.From regional bus, light rail and paratransit service to alternative commuter solutions,Valley
Metro’s core mission is to develop and operate a network of transit services.
Valley Metro (RPTA) Board of Directors 3rd Thursday of month – 11:15 AM OPEN
Mayor Ginny Dickey (alternate)https://www.valleymetro.org/about/boards-directors
The Valley Metro RPTA and Valley Metro Rail Boards of Directors help guide the agency by providing
transportation leadership to best serve the region and their communities.Members are represented by an
elected official who is appointed by their Mayor, Councilmembers or Board of Supervisors.
LOCAL COMMITTEESTown of Fountain Hills - Subcommittee A & Subcommittee BSubcommittee A & Subcommittee B conduct interviews for applicants that have expressed an interest in serving
on one of the many Boards, Committees, and Commissions for the Town. The subcommittee members will
interview the applicants and make recommendations for appointments to the Mayor.
Appointments are made in April and in October; subcommittees
interviews are conducted in March and in September, respectively.
Fountain Hills Cares OPENFountain Hills Cares provides community presentations that cover essential topics for the benefit of Fountain
Hills residents.Events occur twice a year once in April and in October.
Traffic & Pedestrian Safety Sub Committee OPEN
The Traffic & Pedestrian Safety Sub Committee is responsible for reviewing and analyzing vehicle, bicycle, and
pedestrian traffic areas and data to make recommendations to the council to improve safety on town streets.
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/17/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: David Pock, Finance Director
Staff Contact Information: David Pock, Finance Director
Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING AND
CONSIDERATION OF Resolution 2023-01 adopting the addition of the Short-Term/Vacation Rental
Annual Registration Fee to the Town's FY 2022-23 Comprehensive User Fee Schedule.
Staff Summary (background)
Each fiscal year, the Town Council adopts the Comprehensive Fee Schedule during the budget process.
The current schedule was adopted as part of Resolution 2022-20 on June 7, 2022.
The last state legislative session included Senate Bill 1168 (SB1168), which made changes to A.R.S. §
9-500, allowing local municipalities to enact regulations on short-term rentals and vacation rentals.
These rentals include residential rentals for a duration of less than 30 days. Typically, these rentals are
advertised using an Online Lodging Marketplace (OLM) such as AirBnB, VRBO, HomeAway, and others.
These rentals are subject to the Town's 2.9% tax rate for Hotels and the 4.0% Hotel Additional Tax
(Bed Tax). When reservations are made through an OLM, the OLM collects, reports, and remits them
to the Arizona Department of Revenue (DOR). In turn, DOR remits taxes collected from rental activity
in Fountain Hills to the Town. In cases where an OLM is not used, it is the responsibility of each owner
to collect, report, and remit the appropriate taxes to DOR so that they can be paid to the Town.
As a result of SB1168, the Town Council adopted Ordinance 22-09 on November 15, 2022. Among
other regulations, the Ordinance requires each owner of a short-term/vacation rental to register for
and obtain an annual permit. The registration fee would help offset the costs involved in identifying
rentals, ensuring compliance with the Ordinance, and remitting taxes.
Adoption of the resolution being considered would add the proposed Annual Registration Fee to the
Comprehensive Fee Schedule effective February 1, 2023.
Related Ordinance, Policy or Guiding Principle
A.R.S. § 9-500.39
Town of Fountain Hills Ordinance 22-09
Risk Analysis
Risk Analysis
If the resolution is not adopted, the Town's current fee schedule will remain in effect. In general, this
would result in reduced revenue collections for a service provided by the Town.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of the resolution.
SUGGESTED MOTION
MOVE to adopt Resolution 2023-01
Attachments
RES2023-01
Form Review
Inbox Reviewed By Date
Finance Director (Originator)David Pock 01/04/2023 11:05 AM
Town Attorney Aaron D. Arnson 01/04/2023 01:06 PM
Town Manager Grady E. Miller 01/09/2023 05:38 PM
Form Started By: David Pock Started On: 01/04/2023 09:42 AM
Final Approval Date: 01/09/2023
RESOLUTION 2023-01
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN’S COMPREHENSIVE
FEE SCHEDULE EFFECTIVE FEBRUARY 1ST, 2023
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), pursuant to
ARIZ. REV. STAT. § 9-240(B)(2), are vested with the power to determine the budgets of all Town
departments; and
WHEREAS, the Town adopted Ordinance 22-09 to regulate short-term rentals and vacation rentals; and
WHEREAS, the Town Council, in order to provide for consistent and uniform administration of the
Town’s monies and to maximize savings of funds by monitoring expenditures, has determined it is
necessary to amend the Comprehensive Fee Schedule effective February 1st, 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Town Council hereby approves the addition of the Short-Term Rental (STR) Annual
Registration Fee to the Comprehensive Fee Schedule, that became effective July 1, 2022, in the form
attached hereto as Exhibit A and incorporated herein by reference.
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 Town of Fountain Hills, Arizona, January
17, 2023.
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 2023-01 PAGE 2
EXHIBIT A
TO
RESOLUTION 2023-01
[Short-Term Rental (STR) Annual Registration Fee]
See following pages.
RESOLUTION 2023-01 PAGE 3
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/17/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING, CONSIDERATION
AND POSSIBLE ACTION: A Special Use Permit for the construction of golf ball fences on property
located at 15816 E. Brittlebush Lane.
Staff Summary (Background)
Section 5.09 of the Zoning Ordinance sets the standards for various types of walls and fences. Section
5.09 A 3 provides the specific regulations as they relate to golf ball nets, a type of fence erected to
prevent golf balls from hitting people or structures adjacent to a golf course. This section sets specific
standards for administrative review and approval of these fences. For situations that do not meet
these requirements, the ordinance allows consideration through a Special Use Permit (SUP).
The new owners of the property at 15816 E Brittlebush Lane have applied for a SUP for two golf ball
nets on their property. Their request did not meet the requirement for administrative approval;
therefore, they applied for this SUP.
The original application proposed a net along the north property line that would be between 25' and
33' in height. To be considered administratively, the net would need to either be setback from the
property line to the east at least 1 foot for every foot of height, or the adjacent property owner would
need to agree to the proposed golf net. The adjacent neighbor has not agreed to allow the net.
Therefore, the property owner applied for the SUP. Because balls also go over the house and end up
in the pool on the west side, the applicant also applied for a horizontal net over the pool. Because this
is a horizontal net, it is not specifically discussed in the ordinance, but it doesn't follow standard
zoning practices, so it has been included in the SUP request.
The subject property, 15816 E. Brittlebush Lane, is located along the 11th fairway of the Sunridge Golf
Course, approximately 470 from the nearest tee box. Compared to homes on either side of this lot,
this house appears to be more in the path of errant golf balls. Attached photographic evidence shows
this home has been struck numerous times by golf balls. The narrative submitted by the applicant
states balls have also gone over the house and landed in the pool on the west side of the house. A
report (attached) by a professional who charts golf ball flight paths shows that this house and property
will likely have more golf balls hit into than either of the adjacent properties, they will likely have
around 250 balls land in their property each year, and the balls could be traveling at up to 97 miles per
hour.
The lots in this area are part of the Sunridge Canyon Parcel A Replat. The lots are small, this lot is only
7,183 sq. ft. and narrow, a little over 60' wide. The subdivision was also platted with a five-foot wide
Use and Benefit Easements (UBE) on one side. The UBE allows the owner of the adjacent lot use of
this portion of their neighbor's lot. In the case of the lot in question, the five-foot UBE on the east
side of the house allows the neighbor to use this area as part of their lot and this lot gets the use of
the five-foot easement on the property to the west.
Prior to the Planning and Zoning Commission hearing on this case staff contacted the HOA regarding
their review and consideration of the golf nets. They have previously approved the 25' tall net on the
northeast corner of the property. The HOA Architectural Review Committee (ARC) held a meeting on
December 8 to reconsider this request and the proposed extension to 33' in height. The ARC was
unable to reach a decision on the request and is now waiting to see how the Town acts on the request
before making their decision.
The horizontal net on the west side of the house is a unique request not anticipated by the zoning
ordinance. If a property owner wanted to build a patio cover in this area, they could, provided they
complied with all lot coverage and setback requirements. In this case, the supports for the net will
likely be in the UBE on the neighbor's property. The HOA has not confirmed that this is an acceptable
use of the UBE. We do not have confirmation from the adjacent property owner regarding whether
they have any objections to having these structures on their property in the UBE.
Section 2.02 F 1 d of the Zoning Ordinance sets the following criteria for Commission consideration to
recommend approval of a SUP:
The establishment, maintenance, or operation of the building applied for will not be
detrimental to the public health, safety, peace, comfort, and general welfare of persons residing
in the neighborhood;
1.
Nor shall it be detrimental or injurious to property and improvements in the neighborhood or to
the general welfare of the Town.
2.
As described below, the Planning and Zoning Commission was unable to reach a recommendation
regarding the proposed nets. There was concern by several of the Commissioners regarding the
potential negative impact of the proposed netting on the surrounding properties.
While the applicant still requests consideration of the net design as submitted, given the opposition
received at the P&Z Commission meeting, an alternative has been submitted. The revised proposal is
that, rather than the vertical net on the north side of the house, another horizontal net be installed
that will extend between poles near the north property line to the house, at a height of approximately
11' (just under the eve of the patio cover). This netting will protect the house below this point, and
more importantly, anyone on the back patio. The poles will be approximately 10 1/2' tall to allow
some slope to the net to help facilitate ball removal. Attached are two sketches by the applicant to
illustrate the revised net placement. The one showing the view from the golf course overemphasizes
the slope of the net, it will actually not be very visible.
The net on the west side will also be reduced in height to no more than 11'. The applicant is still
exploring whether the adjacent property owner will allow support columns within the easement area.
The Town Council approved the ordinance which allows for the ability to have these nets because of
the safety factor needed to protect individuals on these properties that abut a golf course. At the P&Z
hearing there were a number of people who spoke voicing concerns about the impact on views and
property values. The applicant has responded to these concerns with an option that would
significantly modify the proposed net along the north side that will reduce the impact on views. There
was discussion about changes that could be made to the course to lessen the number of balls that
would be hit this direction. Changes to the course are outside the control of the applicant.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 5.09 A 3 - Golf Ball Fences
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission held a public hearing to discuss this request at their meeting on
December 12, 2022. The applicant and several citizens, including two neighbors, addressed the
Commission regarding this request.
The Commission discussion included various options with the two proposed nets and changes that
could be made to the golf course which would decrease the likelihood of balls being hit in the
direction of the applicant's house. The Commissioners expressed concern on the neighborhood and
community impacts of having a golf ball fence as tall as is being requested.
A motion was made and seconded to approve only the horizontal net at a maximum height of 15'.
The vote on the motion was a 3-3 tie with one Commissioner absent. No other motions were made;
therefore, the request comes to the Council with no recommendation from the Commission.
Staff Recommendation(s)
The Town has provided the means to allow placement of golf nets on properties abutting golf courses
to protect them from errant golf balls. The Council has amended the ordinance to allow these to be
approved administratively in some cases. There is clear evidence of golf ball strikes on this property
and a professional report calculating the number and speed of balls impacting this property.
In response to the concerns of the neighbors the applicant has submitted an alternative design option
that reduces the visibility of the proposed net. With the revised proposal, staff does not find any
significant impact on the community compared to the impact on this property.
Given this information, staff supports the approval of the SUP for the revised golf nets on this
property. In order to issue the construction permit for the horizontal net on the west side in the UBE
an approval letter from the adjacent property owner will need to be submitted before a building
permit can be approved.
SUGGESTED MOTION
MOVE to approve of SUP22-000002 for the construction of golf nets at 15816 E. Brittlebush Lane
consistent with the revised drawings.
Attachments
Vicinity Map
Site Plan
Revised Net Design
Revised Net Design 2
Expert Report
Pictures
Email comments
Form Review
Inbox Reviewed By Date
Finance Director David Pock 01/11/2023 11:18 AM
Town Attorney Aaron D. Arnson 01/11/2023 11:20 AM
Town Manager Grady E. Miller 01/11/2023 12:23 PM
Development Services Director (Originator)John Wesley 01/11/2023 12:24 PM
Form Started By: John Wesley Started On: 12/13/2022 08:46 AM
Final Approval Date: 01/11/2023
Vicinity
CASE: SUP22-000002
SITE / ADDRESS:
15816 E. BRITTLEBUSH LANE
APN 176-18-412
REQUEST:
GOLF FENCE APPLICATION
All that is Ariz on a
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//
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Golf Expert Report
September 8, 2022
Golf Expert Analysis
RE: Determining the likely percentage incidence of errant golf balls impacting the
property at 15816 E Brittlebush Ln, Fountain Hills, Arizona.
Golf Expert Analysis by Ken Tannar, Probable Golf Instruction
1. I am the founder and owner of Probable Golf Instruction. I have spent the last 25 years
researching the literature on the topic of Physics & Mathematics of golf and am an expert in
the analysis of golf ball trajectories. I have advised on golf course design safety in a multitude
of cases in the United States, Canada, Australia, Britain, Spain and Hong Kong, and have been
recognized as a golf expert witness in the courts of California, Colorado, New York, Canada
and Australia.
2. Diagram 1 below is a Google Earth image of the 11th Hole of Sunridge Canyon GC and the
residence at 15816 E Brittlebush (“subject property”, with a red border). From Tee to Green,
this dogleg left golf hole plays towards the west. The yellow line in the diagram represents the
likely target line from the Back Tees from which the hole plays about 405 yards, rising about
3 yards from the Tee to the landing area on the fairway. According to Trackman Golf, the
average carry distance of male golfers is 195 yards. As most golfers are right swingers and tend
to slice the ball from left to right, golfers may aim further left. Some golfers may aim further
left in attempts to “cut the corner” of the dogleg.
Diagram 1: Location of the 15816 E Brittlebush and the 11th Hole
www.probablegolfinstruction.com Phone: 604-309-7030
probablegolf@yahoo.ca Owner/Creator: Ken Tannar
•Errant Golf Ball Trajectories
•Golf Netting Safety Height
•Topographic Errant Ball Analysis
•Adjoining Property Errant Golf Ball Safety
Determination
Probable Golf Instruction
3. The renowned American golf course architect, Dr. Michael Hurdzan (reference book Golf Course
Architecture: Design, Construction & Restoration, 1996), did an extensive study to determine
where golfers hit the golf ball in relation to their target line of play. He found that 92% of golf
shots fall within 15 degrees either side of their apparent target line. He and other golf course
architects have used this standard for many years in designing golf course setback distances.
Hurdzan’s statistics are also corroborated by research conducted by the R&A (Royal and Ancient
Golf Club of St. Andrews) during 1996 and 2018.
4. Dr. Mark Broadie of Columbia University has expanded on this with research and analysis to
create a database named Golf Metrics. The database currently has over 55,000 shots from over
160 players. Golfer ages in the database range from 9 to 70 years and the scores range from 64 to
120. PGA and LPGA tour pros, club professionals, and amateur golfers are included. Broadie’s
research concluded that low handicap golfers (better golfers) hit the ball farther with less lateral
dispersion than higher handicap golfers (poorer golfers). Broadie’s research statistics indicate that
99.2% of golf shots fall within 15 degrees either side of their target line and 99.9% fall within 20
degrees. Note that for a course averaging 40 000 rounds per year, 0.8% outside of 15 degrees
would equate to 320 balls.
5. Measuring from the Back Tees, the direction to the eastmost corner of the subject property from
the YELLOW target line is 13 degrees; the distance is 170 yd. The direction and distance to the
center of the residential house is 185 yards and 17 degrees, respectively, relative to the yellow
target line. Thus, I confirm that there would be frequent golf balls hit from the teeing area that
would land onto the at subject property. The setback distances from the fairway to the subject
property are not large enough and do not meet the standards of safety for golf course design.
6. Diagram 2 below for part of Broadie’s research findings (scatter plot of golf ball end positions for
higher handicap golfers) merged onto the golf hole using the yellow target line; note the number
of golf balls impacting the property (note that shots finishing less than 125 yards from the tee are
not shown). From Broadie’s large database, he identified the percentage of Driver Tee shots that
would end left and right of the target line by different distances. Using Broadie’s statistics, I
estimate that about 1.0% of Driver Tee shots from the Back Tees hit using the YELLOW target
line would threaten the subject property. From the Middle Tees (one teeing area forward from the
Back Tees, I estimate that about 0.5% of Driver Tee shots would threaten the subject property.
Assuming 50 000 rounds of golf per year, I’d estimate that at least 250 balls would threaten the
subject property each year.
Diagram 2: 11th Hole with Broadie Scatter Plot
7. Diagram 3 below consists of 3 sample trajectories originating from the 2nd Tee (on many courses
called the regular men’s tee) and are called pull hooks by right swingers. The ORANGE
trajectory is hit with a 93 mph club speed Driver (average male golfer has a Driver club speed of
93 mph). The RED trajectory is hit with a 100 mph club speed. The WHITE is hit by a 100 mph
club speed 3 Wood. Also in the diagrams is an L shaped fence that has a height of about 33 feet.
Trajectories with greater hooks (or slices for left swingers). Left swinger slices will tend to have
higher trajectories. Left swingers, however, make up less than 10% of golfers.
Diagram 3: Possible Trajectories
8. Note that the WHITE trajectory clears the roof of the house and would strike the neighbour’s wall
if the fence was not in place but is blocked by the fence. The RED trajectory would land near the
corner of the property adjacent to the pool. The ORANGE trajectory would land short of the
property.
9. Golf ball trajectory height is strongly correlated with club speed. Golfers with 100 mph club
speeds have trajectories that are higher than golfers with 90 mph club speeds. Over 22% of
golfers have swing speeds over 100 mph. If these golfers were to hit comparable hooks as in
Diagram 3, the resulting trajectories would be higher and would likely carry long of the property
but could mishit balls on lower trajectories. Longer hitting golfers may have a target line even
further left of the YELLOW target line in attempts to “cut the dogleg” and get closer to the green.
10. Golfers that hit from the Forward Tees may also be able to hit balls onto the property. Longer
hitters that use the Rear Tees may threaten the property as well.
11. Wind speed tends to be quite variable with sometimes significant gusts of higher speed. At the
best of times, golfers have a difficult time judging wind direction and speed. Given this, golfers
may not assess correctly the extent of the wind and hit the ball more left than intended, thus
landing closer to the residential property. Head winds will tend to create higher trajectories that
will have steep angles of attack when they land, thus making it more likely that errant golf balls
could land within the property.
12. If the 33 ft high L-shaped fence cannot be installed as indicated in this report, then it should be as
high as possible; I would definitely proceed with Nets Unlimited option to cover the west side
with a horizontal roof net design
13. Please note that golf balls hit with a Driver that land onto the property will have speeds of
approximately 27 m/s (97 mph). Given the hardness and small diameter of a golf ball,
impacting a person at such speeds can cause irreparable damage to tissue and bone. There are
many cases every year where persons are hit by golf balls, some causing death.
14. I’d recommend mitigation occur as soon as possible to avoid injury, death or damage to
property.
15. The trajectory examples in Diagrams 3, that have been merged onto Google Earth images,
were generated using a computer spreadsheet that I created. The software simulates the path a
golf ball travels through the air as well as the collision between the various golf clubs and the
golf ball. My model takes into account variables such as clubhead speed, loft, ball speed,
initial trajectory angle, open, square or closed clubface, backspin, sidespin, air temperature,
humidity, density, etc. My model takes into account the same variables as other researchers,
with comparable results, and agrees well with empirical data collected by golf ball trajectory
radar launch monitors such as TrackMan, Flightscope, Foresight, etc.
16. Have utilized the research data of average golfers provided by Trackman Radar
(https://blog.trackmangolf.com/performance-of-the-average-male-amateur/) as well as that of
professional golfers (https://www.pgatour.com/stats.html) as golf ball trajectory data is
collected throughout the golf season.
210 m
165 m
41
degrees
15816 E Brittlebush Lane
Golf Ball Damage Pictures
golf course, we understand that there is a risk involved in purchasing a home on a golf course. Some
homes are at more risk than others depending on the home's location. But it is the responsibility of
the potential homeowner to perform their due diligence before purchasing the home.
I oppose the variance and netting for several reasons:
1. It will lower my property value
2. It will restrict the views that I enjoy and the main reason we purchased our home
3. Research supports that over time, the harsh climate causes the netting to fray and ongoing
maintenance is needed to prevent the netting from becoming an eyesore.
4. The owner of this property did not buy this home as a primary or second home. It was purchased
by an LLC with the intent to rent it. The owner lives in Idaho. What will the fence look like five years
from now? Since the home was purchased as a 1031 Exchange, my fear is the present owner will sell
the home in five years and I will be left looking at an eyesore.
I took the time to talk to my neighbors about their opinion of installing golf netting. There are
16 homes, excluding the home in question, on the golf side of Brittlebush. 8 homeowners opposed
the netting, 1 person did not care and the remaining homeowners were not home but I will be
reaching out to them as well. I do know the homeowner on the immediate west side of the property
in question does not want the golf netting. One owner said, "these homes have been here since the
nineties and this has never been a problem; this is a business decision to reduce the liability of a
rental property".
In summary, I am opposed to the golf netting and I encourage the HOA and City Officials not to
approve the golf netting. I have included the signatures of the neighbors opposing the golf netting
and a few articles regarding golf nets (please see the yellow highlighted paragraphs). I am not
opposed to the owner installing a pergola over their pool or other areas that are considered risk
areas. I do value safety and that is why I installed a pergola and landscape screening in my own yard.
Also, if the city and/or HOA do approve the netting, I would like to request that consideration be
given to the aesthetics of the netting and to reduce the intrusive nature of the netting and to the
long term maintenance of the netting.
Thank you,
Bobbie Kennamer
Bobbie KennamerE. Brittlebush LaneFountain Hills, AZ 85268
From:Jeffrey Thiesse
To:John Wesley
Subject:Upcoming Zoning Meeting for 15816 East Brittlebush Lane - Final
Date:Wednesday, December 7, 2022 12:32:57 PM
EXTERNAL EMAIL
Dear John D Wesley,
I am writing to you regarding the SPECIAL USE PERMIT to install a golf ballfence submitted by Mr. Jim Johnson located at 15816 Brittlebush Ln, in Fountain
Hills AZ 85268.
I am also a resident in the Sunridge Canyon Community and neighbor with home
ownership at E Brittlebush Ln. Fountain Hills AZ, 85268.
I respectfully oppose to the approval of said golf ball fence at his residence due to
the following concerns:
It will impact the overall look of our neighborhood which was designed as a
concept of open spaces and natural views rather than looking at man-madestructures like fences.
It will be visible from many angles around the neighborhood including thestreet, obstructing natural view and landscape of the Mc Dowell mountains.
I am also afraid that if this fence is approved it will be the fist of many to beplaced around the neighborhood thus creating a patched quilt of textures,
heights, post colors, etc. I have seen these kind of fences in other golfcourse communities/homes and not all the neighbors maintain them
properly, you can see ripped nets, rusted fence pools, birds or debristrapped in the fence netting. All which I do not want to see from my home.
I strongly believe having a structure as such, it would impact the overallharmony of the place we call home while bringing our property values.
It is my understanding that Mr. Jim Johnson just recently purchased this property. I have been living in this home for over 18 years, . I moved to this home from a
home located in the same community however facing the golf course. I movedaway from the golf course for obvious reasons; constantly dealing with golfers
and their balls hitting my home. I would respectfully question Mr. Johnsondecision to purchase a property located at a golf course and with open views to
the mountains (which we all enjoy) to now be concerned with golf balls at theexpense of a harmonious and beautiful community we live in. Further, we moved
into an HOA community so it would protect us from drastic changes like these. Unfortunately our HOA has kept us in the dark on this, and failed us. In 19 years
why they have done this is really unforgivable.
In closing, I would also respectfully argue that living across the street I too get
golf balls hitting the front of my house and at times I find them in my back-yardor next to my parked car. Would it be appropriate for me to ask for a special
permit to fence the front yard of my home to avoid them? Probably my neighborswould say no it would ruin the look of the neighborhood we can all see your
fence. No different that the request Mr. Johnson has put forward.
Unfortunately this issue comes with having chosen to live in a property located at
a golf course.
Sincerely,Jeffrey Thiesse
ITEM 8. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/17/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Grady E. Miller, Town Manager
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Termination of agreement with the Lunsford Group for government relations services.
Staff Summary (Background)
For the past three years, the Town of Fountain Hills has contracted with Jack Lunsford of the Lunsford
Group to provide government relations services for 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, the Governor's Office, and key
administrators. The services also included contacting legislators regarding proposed bills, attending
committee meetings, and testifying on bills. The Lunsford Group also prepared the Council-approved
2022 and 2023 Legislative Policy Agenda to help prioritize the Town Council's legislative affairs.
Councilmembers Allen Skillicorn, Hannah Toth, and Brenda Kalivianakis have requested to add this
agenda item to the January 17, 2023, Town Council meeting agenda to terminate the services of the
Lunsford Group.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
Other cities and towns utilize in-house government relations staff or contract the services out to firms
to represent their governmental interests. The Town of Fountain Hills does not have the capacity or
staff resources to perform this function in-house at this time.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
MOVE to terminate the agreement between the Town of Fountain Hills and the Lunsford Group.
Form Review
Inbox Reviewed By Date
Finance Director David Pock 01/10/2023 05:45 AM
Town Attorney Aaron D. Arnson 01/10/2023 06:39 AM
Town Manager (Originator)Grady E. Miller 01/10/2023 06:53 AM
Form Started By: Grady E. Miller Started On: 01/03/2023 08:32 AM
Final Approval Date: 01/10/2023
ITEM 8. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/17/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: David Janover, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Authorizing staff to apply for grant funding through the FEMA Building Resilient
Infrastructure and Communities (BRIC) Program.
Staff Summary (Background)
On November 15, 2021, the Infrastructure Investment and Jobs Act (IIJA) was signed into law. One of
the grant programs under the IIJA is the Building Resilient Infrastructure and Communities Program
(BRIC). This program assists “states, local communities, tribes and territories as they undertake
hazard mitigation projects, reducing the risks they face from disasters and natural hazards." This grant
program has a total of $1B of funding, with $200M each year for fiscal years 2022-2026.
There are three (3) design and construction projects that the Town has initiated the grant application
process for:
McDowell Mountain Road at the Escalante Wash Crossing
El Pueblo Road at the Ashbrook Wash Crossing
Del Cambre Dr at the Ashbrook Wash Crossing
The above locations have experienced repeated flooding, causing closures and major disruption
during and after major storm events. These locations are low-flow crossings, and in addition to
floodwater, silt and debris from the upstream wash is also deposited on the roadways during major
storm events, requiring removal and incurring associated cost on a regular basis. In the past, these
roads needed to be closed to traffic during and after major storm events, which impeded emergency
vehicle access, increasing response times when they are most critical. Passenger vehicles have also
been caught in the flow while trying to cross the road during heavy flows overtopping the pavement,
and swept the vehicles downstream. A viable solution for each of these locations, is the raising of the
roadway elevation and the installation of a culvert below the roadway, to allow for the uninterrupted
passage of storm water under the roadway. This reduces the risk of water overtopping the road and
the dangers of drivers trying to pass through high water flows.
The BRIC Grant will typically contribute 75% to the total project cost, while the local municipality
would need to cover 25% of the cost.
High-level preliminary project design and construction costs enumerated in the grant applications are
shown below:
Project Name Total
Cost
Federal
Share Town Share
McDowell Mountain Rd at
Escalante Wash
$2.5M $1.875M $625k
El Pueblo Blvd at Ashbrook Wash $1.315M $986,250 $328,750
Del Cambre Ave at Ashbrook Wash $1.05M $787,500 $262,500
Total of Three (3) Projects $4.865M $3,648,750 $1,216,250
APPLICATION PROCESS/SCHEDULE
The application process requires the Town to coordinate and apply for the BRIC grants through the
Arizona Department of Emergency and Military Affairs (DEMA). The application process has already
started, with Notices of Intents (NOIs) due into AZ DEMA by October 23, 2022. This step has been
completed for the three (3) projects outlined above. A timeline is included in the Council Packet.
The next step in the application process, was the submission of the 1st draft of the applications into
FEMA GO, which is the grant application online portal. This was completed by December 2, 2022,
which allowed the AZ DEMA to review the applications and work with Town staff to tweak the
language so we can maximize our chances for receiving grant awards. The Town received
constructive comments from AZ DEMA, and modified the applications. Town staff re-submitted the
applications into the FEMA GO portal on December 22, 2022, in advance of the January 6, 2023
deadline. The State is currently compiling all of the applications they received throughout the State,
and will submit them directly to FEMA on January 27, 2023.
If any of our Town's proposed projects are selected to receive grant funds, we will be notified
between March and July, 2023, and subsequently, Council will be requested to approve
Intergovernmental Agreements (IGAs) authorizing the Town to receive grant funds and establish the
cost share and responsibilities of the involved agencies.
Staff recommends authorization to continue the grant application process for the above-noted
drainage projects.
SUGGESTED MOTION
MOVE to authorize staff to continue the FEMA BRIC grant application process for the noted projects.
Attachments
BRIC Grant Application Timeline
Form Review
Inbox Reviewed By Date
Public Works Director Justin Weldy 12/29/2022 08:39 AM
Town Attorney Aaron D. Arnson 01/02/2023 02:51 PM
Town Manager Grady E. Miller 01/04/2023 09:35 AM
Form Started By: David Janover Started On: 11/07/2022 10:24 AM
Form Started By: David Janover Started On: 11/07/2022 10:24 AM
Final Approval Date: 01/04/2023
ITEM 8. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/17/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Amanda Jacobs, Economic Development Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval or direction of the proposed Fountain Hills Community Brand and Logo.
Staff Summary (Background)
During the February 2022 Council retreat, Council discussed a proposed community branding project
to provide the Town of Fountain Hills with a marketing theme and strategy to promote the
community. Based on the feedback received, $20,000 was included in the FY22/23 budget for the
project.
In June, staff issued a formal request for proposal (RFP) and received six responses (four in state; two
out of state) and Gordley Group was awarded the proposal. The project kicked-off with a
community-wide survey that was distributed via social media, the Fountain Hills Chamber of
Commerce Newsletter and direct emails from the Town's business license list. Gordley Group received
over 700 responses to the survey. In addition to the survey, three focus groups were held to include
Council, Council-elects, staff, Chamber representatives, residents and businesses. The top five brand
attributes identified are:
Natural Beauty
Safe, Clean
Community
Charming, Small Town
Friendly, Quiet
Based on community feedback and the identified attributes, Gordley developed two logo options
(Attachment 1), which are included in Council's packet and will be discussed in more detail during the
Council meeting. Additionally, Gordley provided visual examples (Attachments 2 and 3) to illustrate
how the logo would appear on collateral material. The new logo will be used for marketing purposes
to target new residents and businesses, such as the Town's website, collateral material, printed and
digital ads, etc. and the Town seal will continue to be used for official documents.
Related Ordinance, Policy or Guiding Principle
This item supports the Strategic Plan Strategic Priority: Targeted Collaborative Economic Development
and the task of "develop and promote an effective brand image to prospective businesses and
residents."
Risk Analysis
The Town currently has several logos that are being used locally, regionally and nationally for
marketing purposes. These logos do not reflect the true brand of the Town and some are outdated. If
the Town continues to use multiple logos it will have a negative impact on Fountain Hills' brand
recognition.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends Option A as the new Fountain Hills logo.
SUGGESTED MOTION
MOVE to approve Option A as the new Fountain Hills logo.
Attachments
FH Logo Options A and B
Option A - Visual Examples
Option B - Visual Examples
Form Review
Inbox Reviewed By Date
Finance Director David Pock 01/10/2023 09:44 AM
Town Attorney Linda Mendenhall 01/10/2023 10:27 AM
Town Manager Grady E. Miller 01/10/2023 11:16 AM
Form Started By: Amanda Jacobs Started On: 12/22/2022 01:32 PM
Final Approval Date: 01/10/2023
Fountain HillsTown of
OPTION A OPTION B
Fountain HillsTown of
T O W N OF
F O U N T A IN HILLS
T O W N OF
F O U N T A IN HILLS
Fountain HillsTown of Fountain HillsTown of
Fountain HillsTown of
ITEM 8. G.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/17/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: David Pock, Finance Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of budget transfers for the General Fund and Capital Project Fund.
Staff Summary (Background)
Throughout the fiscal year, it is sometimes necessary to transfer funds from one budget account to
another. In most cases, the funds to be transferred are within the same department and can be made
administratively without the need to request Town Council approval. The following transfers are
needed to move budget between departments; therefore, Council approval is requested.
FY23:
$102,000 from General Government (GENAD) to Finance Administration (FINAD) for the
following items:
$74,650 for final closeout invoices for McGrath Consulting (Fire Services study) and
Matrix Consulting (Law Enforcement study). These were originally budgeted in FY22;
however, the reports and final invoices were not issued until FY23. This transfer will allow
the use of unused FY22 fund balance to pay these invoices in the current fiscal year.
$27,350 for Short-Term Rental compliance software subscription. With the passage of
SB1168 and Ordinance 22-09, the Town may require the issuance of annual permits to
owners of short-term/vacation (less than 30 days) rentals. This software will identify
rental properties and track compliance with Town Code. The cost of the software will be
totally recovered with the permitting of 110 rental properties, approximately one-third of
the anticipated short-term/vacation rental properties located in Town.
$30,000 from General Government (GENAD) to Community Center Operations (FACOP) for the
acquisition and installation of storage containers at the Community Center. Additional storage
area is needed for equipment, furniture, and decorations at the Community Center. This
transfer will allow for the purchase of used, climate-controlled storage containers and
installation costs.
$20,000 from General Government (GENAD) to Public Information Administration (PIOAD) for
Town Logo and Visual Rebranding. This supplement was approved as part of the FY23 adopted
budget; however, the budget was never moved to PIOAD.
$25,000 from Capital Project Administration (CIPAD) to Capital Project P3035 (CIPPR) for
landscaping at Four Peaks Park. This item was budgeted in the FY22 Capital Project budget;
however, the services were not received until FY23. This transfer allows rollover funds from
FY22 year-end to be used to pay this invoice.
Related Ordinance, Policy or Guiding Principle
Town Council approved financial policies and best practices.
Risk Analysis
If not approved, existing departmental and project budgets would be exceeded.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the budget transfers as requested.
SUGGESTED MOTION
MOVE to approve the attached budget transfers as requested.
Attachments
Budget Transfers
Form Review
Inbox Reviewed By Date
Finance Director (Originator)David Pock 01/03/2023 04:11 PM
Town Attorney David Pock 01/04/2023 05:18 AM
Finance Director (Originator)David Pock 01/04/2023 05:35 AM
Town Attorney David Pock 01/04/2023 07:19 AM
Finance Director (Originator)David Pock 01/04/2023 09:19 AM
Town Attorney Aaron D. Arnson 01/04/2023 01:04 PM
Town Manager Grady E. Miller 01/09/2023 05:49 PM
Form Started By: David Pock Started On: 01/03/2023 03:23 PM
Final Approval Date: 01/09/2023
01/04/2023 10:17 |TOWN OF FOUNTAIN HILLS |P 1
DPock |BUDGET AMENDMENTS JOURNAL ENTRY PROOF |bgamdent
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED
ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR____________________________________________________________________________________________________________________________________
YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND
2023 07 4 01/17/2023 BUA QTR BUDGET 1 1
1 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 3,899,969.00 -132,000.00 3,767,969.00
100-10-15-110-100-0106-7010- 01/17/2023
2 FINAD 6402 FIN-ADMIN PROFESSIONAL FEES 40,500.00 74,650.00 115,150.00
100-10-10-105-100-0106-6402- 01/17/2023
3 FINAD 6251 FIN-ADMIN SOFTWARE LICENSE/MAINT 4,250.00 27,350.00 31,600.00
100-10-10-105-100-0106-6251- 01/17/2023
4 FACOP 8098 FACILITIES-OPERATIONS OTHER CAPITAL OUTLAY .00 30,000.00 30,000.00
100-40-30-303-110-1515-8098- 01/17/2023
5 CIPAD 7010 CAPITAL PROJECTS ADMIN CONTINGENCY 377,496.79 -25,000.00 352,496.79
600-10-10-105-000-0106-7010- 01/17/2023
6 CIPPR 8070 P3035 PARK & REC CAP PROJECTS PARK IMPROVEMENTS 235,000.00 25,000.00 260,000.00
600-50-50-502-000-1602-8070-P3035 01/17/2023
7 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 3,899,969.00 -20,000.00 3,879,969.00
100-10-15-110-100-0106-7010- 01/17/2023
8 PIOAD 6412 PIO-ADMIN CONTRACTUAL SERVICES 20,000.00 20,000.00 40,000.00
100-10-10-106-100-0106-6412- 01/17/2023
** JOURNAL TOTAL 0.00
01/04/2023 10:17 |TOWN OF FOUNTAIN HILLS |P 2
DPock |BUDGET AMENDMENT JOURNAL ENTRY PROOF |bgamdent
CLERK: DPock
YEAR PER JNL
SRC ACCOUNT ACCOUNT DESC T OB DEBIT CREDIT
EFF DATE JNL DESC REF 1 REF 2 REF 3 LINE DESC____________________________________________________________________________________________________________________________________
2023 7 4
BUA GENAD-7010 CONTINGENCY 5 132,000.00
01/17/2023 QTR BUDGET T
BUA FINAD-6402 PROFESSIONAL FEES 5 74,650.00
01/17/2023 QTR BUDGET T
BUA FINAD-6251 SOFTWARE LICENSE/MAINT 5 27,350.00
01/17/2023 QTR BUDGET T
BUA FACOP-8098 OTHER CAPITAL OUTLAY 5 30,000.00
01/17/2023 QTR BUDGET T
BUA CIPAD-7010 CONTINGENCY 5 25,000.00
01/17/2023 QTR BUDGET T
BUA CIPPR-8070-P3035 PARK IMPROVEMENTS 5 25,000.00
01/17/2023 QTR BUDGET T
BUA GENAD-7010 CONTINGENCY 5 20,000.00
01/17/2023 QTR BUDGET T
BUA PIOAD-6412 CONTRACTUAL SERVICES 5 20,000.00
01/17/2023 QTR BUDGET T _________________ _________________
JOURNAL 2023/07/4 TOTAL .00 .00
01/04/2023 10:17 |TOWN OF FOUNTAIN HILLS |P 3
DPock |BUDGET AMENDMENT JOURNAL ENTRY PROOF |bgamdent
FUND YEAR PER JNL EFF DATE DEBIT CREDIT
ACCOUNT ACCOUNT DESCRIPTION____________________________________________________________________________________________________________________________________
_________________ _________________
FUND TOTAL .00 .00
01/04/2023 10:17 |TOWN OF FOUNTAIN HILLS |P 4
DPock |BUDGET AMENDMENT JOURNAL ENTRY PROOF |bgamdent
CLERK: DPock
PA JOURNAL EFF DATE GL YEAR/PER/JNL
SOURCE PROJECT STRING REF1 REF2 REF3 REF4 T AMOUNT_____________________________________________________________________________________________________________________________________
5 01/17/2023 2023/07/4
BUA P3035-CONS- - T QTR BUDGET 5 25,000.00__________________
P3035 TOTAL: 25,000.00______________________________________________________________________________________________________________________________________
** END OF REPORT - Generated by DAVID POCK **
ITEM 8. H.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/17/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Justin Weldy, Public Works Director
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approving the re-authorization of Capital Improvement Project T5005 for the design of a
traffic signal at the intersection of Palisades Boulevard and Eagle Ridge and Palomino Drives for the
current year.
Staff Summary (Background)
As part of the budget approval process for fiscal year 2021/22, Council approved a list of Capital
Improvement Projects. One of the projects on the approved list was the design of a traffic signal at the
Intersection of Palisades Blvd & Eagle Ridge/Palomino Drives.
Below is a summary describing the traffic signal design process and a request to re-authorize Capital
Improvement Project T5005 in the amount of $34,910 for the current year and approval of a budget
transfer which will allow the final design and advance the project design from 90% to 100%.
Council approved Amendment No. 1 to Professional Services Agreement 2021-031 with Kimley Horn &
Associates, Inc. on September 21, 2021, for the design of a traffic signal at this location. The approved
contract included an expenditure of funds from the 2021-2022 Capital Improvement Projects budget
for Capital Improvement Project T5005 that consisted of the design of a traffic signal. This Capital
Project, which was approved and funded, was scheduled to be completed by June 30, 2022. However,
during the design process, several utility conflicts were discovered and addressed. In addition, the
Emergency Vehicle Pre-emption and detection system proved more difficult to resolve than originally
anticipated.
Palisades Boulevard is a curvilinear four-lane arterial roadway with two lanes of travel and a bike lane
in each direction, separated by a raised center median. The intersection of Palisades Blvd & Eagle
Ridge/Palomino Drives is located at the crest of a vertical curve (top of a hill). As a result of this sight
line, the distance needed to safely detect Emergency Vehicles is difficult to achieve. Staff worked with
Kimley Horn & Associates and Emergency Vehicle Pre-emption and detection manufacturers and
installers to test different products.
It is important to note that Kimley Horn & Associates will not be seeking a funding increase and will
complete all work associated with the traffic signal design for the unspent balance of the contract.
Related Ordinance, Policy or Guiding Principle
Capital Improvement Projects.
Risk Analysis
Not re-authorizing Capital Improvement Project T5005 for the current year will delay the design and
have a negative impact on possible grant funding for construction.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval the re-authorization of Capital Improvement Project T5005 for the current
year.
SUGGESTED MOTION
MOVE to approve the re-authorization of Capital Improvement Project T5005 in the amount of
$34,910 for the completion of traffic signal design for the current year and any associated budget
transfers.
Attachments
Scope Fee
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 10/31/2022 04:30 PM
Finance Director David Pock 11/02/2022 01:35 PM
Public Works Director (Originator)Justin Weldy 12/20/2022 03:25 PM
Finance Director David Pock 12/20/2022 03:53 PM
Town Attorney Aaron D. Arnson 12/21/2022 08:19 AM
Town Manager Grady E. Miller 12/21/2022 10:36 AM
Form Started By: Justin Weldy Started On: 08/22/2022 06:47 AM
Final Approval Date: 12/21/2022
kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
October 14, 2022
Mr. Justin Weldy
Public Works Director
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Re: Palisades Boulevard and Eagle Ridge Drive/Palomino Boulevard
Intersection and Traffic Signal Final Design – Continued Services
Scope and Fee
Dear Mr. Weldy:
Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this
letter agreement (the “Agreement”) to the Town of Fountain Hills (“Client” or “Town”) to provide
professional engineering services associated with the intersection of Palisades Boulevard and
Eagle Ridge/Palomino Drive.
PROJECT UNDERSTANDING
Kimley-Horn was previously under contract with the Town for design and post-design
services for improvements to the intersection of Palisades Boulevard and Eagle Ridge
Drive/Palomino Boulevard (C2021-031). As part of the previous contract, the plans,
specifications, and estimate for the intersection improvements were completed for 90% of
the final design. As directed by Town Staff, this scope of work includes the continued
development of construction plans, estimate, and specifications to construct the
improvements, including a new solar-powered optical repeater system. The following
outlines Kimley-Horn’s detailed scope of services:
SCOPE OF SERVICES
Task 1.1 Utility Coordination
a. Kimley-Horn will update the utility base file based on comments received from the
utility companies.
b. Kimley-Horn will hold one (1) utility coordination meeting.
c. Kimley-Horn will submit utility clearance letters to each of the utilities identified within
the project limits after final design of the project.
d. Kimley-Horn will coordinate with SRP Distribution to obtain point of service, provide
comments to SRP design, and coordinate the agreements between SRP and Town.
e. Kimley-Horn will coordinate with Cox Communications for anticipated relocations
identified with the 90% submittal.
Palisades Blvd & Eagle Ridge/Palomino Drive
Intersection Improvement Final Design – Continued Services
October 14, 2022 / Page 2
kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
f. Kimley-Horn will coordinate with Solar Traffic Controls for the proposed solar-
powered optical repeater system that will be included in the design plans.
Task 1.2 Intersection/Roadway Plans
a. Kimley-Horn will finalize intersection/roadway construction drawings in accordance
with Town guidelines and details. Final sealed plans will be developed. Intersection
Roadway construction drawings include the following sheets:
i. Cover Sheet (1 Sheet)
ii. General Notes, Typical Section, and Legend Sheet (1 Sheet)
iii. ADA Sidewalk Ramp Details (1 Sheet) (1” = 10’ Scale)
iv. Intersection Improvement Sheet (1 Sheet) (1” = 20’ Scale)
v. Palisades Median Half Plan & Profile (1 Sheet) (1” = 20’ Scale)
Task 1.3 Signing and Pavement Marking Plans
a. Kimley-Horn will finalize permanent pavement marking and signing plans in
accordance with Town guidelines, details, and the MUTCD. Final sealed plans will
be developed. Signing and pavement marking sheets include:
i. Signing and Marking General Notes and Legend (1 Sheet)
ii. Pavement Marking/Signing Plan (1 Sheet) (1” = 40’ Scale) (Double Stacked)
Task 1.4 Traffic Signal Plans
a. Kimley-Horn will finalize traffic signal plans in accordance with Town guidelines,
details, and the MUTCD. Final sealed plans will be developed. Traffic signal sheets
include:
i. General Notes and Legend (1 Sheet)
ii. Traffic Signal Layout (1 Sheet)
iii. Pole Layout Schedule (1 Sheet)
iv. Conductor Schedule (1 Sheet)
Task 1.5 Technical Specifications, Engineer’s Cost Opinion and Scottsdale
Encroachment permit
a. Kimley-Horn will finalize the technical specifications in accordance with the Maricopa
Association of Governments (MAG) Standard Specifications and Town’s Supplement
to MAG Specifications and details.
b. Kimley-Horn will finalize the engineer’s opinion of probable cost.
Palisades Blvd & Eagle Ridge/Palomino Drive
Intersection Improvement Final Design – Continued Services
October 14, 2022 / Page 3
kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
Task 1.6 Project Management and Meetings
a. Kimley-Horn will attend one (1) project meeting, which is anticipated following the
submittal of the final plans, specifications, and estimate. Meetings will be held
virtually and will consist of no more than two Kimley-Horn staff members.
b. Kimley-Horn will be responsible for preparing the meeting agenda and submitting
notes of the meeting to the Town.
c. Kimley-Horn’s project management task covers the management and administration
hours for the duration of project activities identified in the project schedule in
Appendix B. Project management task includes contract management, internal staff
coordination, and coordination with Town staff outside of the meetings described.
This task coordinates and administers the day-to-day operations of the project,
including organizing and filing project data and communication files, responding to
project correspondence including emails, and budget and schedule monitoring. This
task includes the preparation of monthly invoices to the Town for services performed.
Task 1.7 Post Design Allowance
a. Kimley-Horn will prepare for and attend up to five (5) meetings with the construction
team. Meetings will be held virtually and/or at the project site. No more than one
Kimley-Horn’s representatives will be present each meeting. Agenda’s and Minutes
will be prepared by the City or Contractor.
b. Kimley-Horn will respond to Contractor requests for information and issue necessary
clarifications and interpretations of the Contract Documents to Town as appropriate
to the orderly completion of Contractor's work. Any orders authorizing variations
from the Contract Documents will be made by the Town. Kimley-Horn will track
RFI’s using an electronic logging format.
c. Kimley-Horn will shop drawings submittals on behalf of the Town. We estimate
reviewing and responding to ten (10) submittals, including electrical, concrete,
asphalt, signing, and marking. Kimley-Horn will track submittals using an electronic
logging format.
d. Kimley-Horn will prepare final record drawings, consisting of transferring redline
changes shown on the Contractor and Inspector field plans onto the original final
construction documents. These changes will be done using CAD.
Kimley-Horn shall not be responsible for the acts or omissions of any Contractor, or of
any of their subcontractors, suppliers, or of any other individual or entity performing or
furnishing the Work.
Direct Expenses
a. Direct reimbursable expenses such as express delivery services, vehicular mileage,
and other direct expenses will be billed at cost. A summary of anticipated expenses
is shown in Appendix A of this document.
Palisades Blvd & Eagle Ridge/Palomino Drive
Intersection Improvement Final Design – Continued Services
October 14, 2022 / Page 4
kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
Services Not Included
Any other services, including but not limited to the following, are not included in this
Agreement:
· Attending more meetings than specifically described in the sections above
· Environmental services
· Public involvement
· Additional submittals
· Landscape/Irrigation Services
· Water/Sewer Service
Information Provided by Town
Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information
provided by the Town or the Town’s consultants or representatives. The Town shall provide
all information requested by Kimley-Horn during the project.
FEE ESTIMATE
Kimley-Horn will complete the project for in accordance with the fee estimate provided in
Appendix A.
SCHEDULE
We will provide our services as expeditiously as practicable with the goal of completing the
project as outline in the project schedule included in Appendix B. This design schedule
assumes a Notice to Proceed date of November 16, 2022. Following the official Notice to
Proceed, Kimley-Horn will submit an updated schedule to the Town for approval.
We greatly appreciate the opportunity to provide these services to you. Please contact me if
you have any questions at 602-906-1191 or zack.handy@kimley-horn.com.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
By: Zack Handy, P.E., PTOE
Project Manager
Palisades Blvd & Eagle Ridge/Palomino Drive
Intersection Improvement Final Design – Continued Services
October 14, 2022 / Page 5
kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
APPENDIX A
FEE ESTIMATE
Summary of Consultant's Compensation
10/14/2022
Project Location:
Project Description:
Palisades Boulevard & Eagle Ridge/Palomino Drive
Intersection and Traffic Signal Final Design
7740 N. 16th Street
Suite 300
Phoenix, AZ 85020
602.944.5500
CONTRACT LABOR
Classification Man Hours Billable Rates Labor Costs
Senior Project Manager 20 210.00$ 4,200.00$
Senior Prof 23 185.00$ 4,255.00$
Prof 36 150.00$ 5,400.00$
Analyst/ Designer 32 118.00$ 3,776.00$
Admin 0 93.00$ -$
Subtotal Contract Labor 17,631.00$
DIRECT AND OUTSIDE EXPENSES
General Expenses 200.00$
Subtotal Direct & Outside Expenses 200.00$
DESIGN ALLOWANCES
Classification Man Hours Billable Rates Labor Costs
Senior Project Manager 9 210.00$ 1,890.00$
Senior Prof 34 185.00$ 6,290.00$
Prof 28 150.00$ 4,200.00$
Analyst/ Designer 28 118.00$ 3,304.00$
Admin 15 93.00$ 1,395.00$
Subtotal Design Allowances 17,079.00$
SUBCONSULTANT
Subconsultant Task Fee
RLF Consulting Survey -$
RLF Consulting ROW -$
RT Underground Utility Pot Hole Investigtion -$
Subtotal Subconsultant Allowances -$
TOTALS
Subtotal Contract Labor 17,631.00$
Subtotal Direct & Outside Expenses 200.00$
Subtotal Contract Fee 17,831.00$
Subtotal Design Allowances 17,079.00$
Subtotal Subconsultant Allowances -$
Subtotal Allowances 17,079.00$
Total Contract Fee & Allowances 34,910.00$
Detail of Consultant's Compensation
Town of Fountain Hills
Palisades Blvd Eagle Ridge/Palomino Drive
Intesection Final Design
Fee Proposal
Senior
Project
Manager
Senior Prof Prof
Analyst/
Designer Admin
TASK DESCRIPTION SUBTOTAL $ 210.00 $ 185.00 $ 150.00 $ 118.00 $ 93.00
Task 1.1 - Utility Coordination 3,571.00$ 4 7 8 2 -
Utility Base Map (AutoCAD)421.00$ 1 2
Utility Meeting (1 mtg)(Virtual)695.00$ 1 1 2
SRP Service Request Letter/Design/Coordination 695.00$ 1 1 2
Cox Coordination 880.00$ 1 2 2
STC Coordination 880.00$ 1 2 2
Task 1.2 - Intersection/Roadway Plans 1,948.00$ 2 2 3 6 -
Intersection/Roadway Plans (6 Shts) (Final)1,948.00$ 2 2 3 6
Task 1.3 - Signing and Pavement Marking Plans 2,098.00$ 2 2 4 6 -
Signing/Marking Plans (2 Shts)(Final)1,167.00$ 1 1 2 4
Comment Resolution 931.00$ 1 1 2 2
-$
Task 1.4 - Traffic Signal Plans 3,501.00$ 3 3 6 12 -
Traffic Signal Plans (4 Shts)(Final)2,570.00$ 2 2 4 10
Comment Resolution 931.00$ 1 1 2 2
-$
Task 1.5 - Technical Specs, Engineer Cost Opinion & Scottsdale
Encroachment 4,608.00$ 4 6 13 6 -
Technical Specs (Final)1,690.00$ 2 2 6
Quantities (Discplines & Master Compliation)1,738.00$ 1 2 3 6
Cost Estimate (Final)1,180.00$ 1 2 4
-$
Task 1.7 - Project Management and Meetings 1,905.00$ 5 3 2 - -
One (1) Project (Virtual) Meeting (Final Com Res)695.00$ 1 1 2
Project Management and Administration 420.00$ 2
QA/QC (12 Shts)790.00$ 2 2
-$
SUBTOTAL DIRECT LABOR 17,631.00$ 20 23 36 32 0
EXPENSES 200.00$
SUBTOTAL SUBCONSULTANT EXPENSES -$
TOTAL CONTRACT FEE (W/OUT ALLOWANCES) 17,831.00$
SUBTOTAL ALLOWANCES 17,079.00$ 9 34 28 28 15
Task 1.8 - Post Design 17,079.00$ 9 34 28 28 15
Construction Meetings (5 mtgs)(1 Person)2,775.00$ 15
Respond to Information (RFI) & Tracking 3,411.00$ 2 6 12 5
Submittal Review & Tracking (10)6,830.00$ 5 10 20 10
Record Drawings 4,063.00$ 2 3 8 16
TOTAL CONTRACT FEE (W/ ALLOWANCES) 34,910.00$
Page 2 of 2
Palisades Blvd & Eagle Ridge/Palomino Drive
Intersection Improvement Final Design – Continued Services
October 14, 2022 / Page 6
kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500
APPENDIX B
PROJECT SCHEDULE
ID Task
Mode
Task Name Duration Start Finish
1 NOTICE TO PROCEED 0 days Wed 11/16/22 Wed 11/16/22
2 Design Kick Off Meeting 0 days Tue 11/22/22 Tue 11/22/22
3 Final Design Stage 20 days Wed 11/23/22 Tue 12/20/22
4 Final (Sealed) Plans, Specs and Estimate 20 days Wed 11/23/22 Tue 12/20/22
5 Final Submittal 0 days Tue 12/20/22 Tue 12/20/22
11/16
11/22
12/20
11/1 11/11 11/21 12/1 12/11 12/21 1/1
November December January
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
TOFH - PALISADES AND PALOMINO/EAGLE RIDGE
FINAL DESIGN SCHEDULE
2021_0623_Schedule_Palomino.mpp Page 1 Tue 10/11/22
Project: 2021_0623_Schedule_P
Date: Tue 10/11/22
ITEM 8. I.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/17/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Linda Mendenhall, Town Clerk
Staff Contact Information: Aaron D. Arnson, Town Attorney
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Adopting an Administrative Policy for Invocations at Town Council Meetings.
Staff Summary (background)
At the January 3, 2023 Council Meeting, the Town Council voted to add the invocation to the Town Council
meeting agendas. During the discussion on the item, one or more councilmembers expressed the desire for staff
to bring back for Council consideration a guiding document for invocations at Town Council meetings.
This attached Administrative Policy provides such guidance for Council, Town staff, and members of the public.
Specifically, the Administrative Policy:
Restates the Town’s policy of nondiscrimination;
Formalizes the Town’s historical practices and procedures relating to invocations offered at
Town Council meetings; and
Formalizes the Town’s practice for individuals who have a connection to Fountain Hills and the
procedure for an individual, regardless of their faith or nonfaith or membership or
nonmembership in any religious organization, to request to offer the invocation at a Town
Council meeting.
Except for the statements on nondiscrimination and prohibited conduct at Town Council meetings, the Council is
free to modify this proposed Administrative Policy.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
MOVE to direct staff to adopt the Administrative Policy as stated or to reflect changes as noted:
Attachments
Administrative Policy for Invocations
Form Review
Inbox Reviewed By Date
Finance Director David Pock 01/10/2023 07:34 AM
Town Attorney Aaron D. Arnson 01/10/2023 08:51 AM
Town Manager Grady E. Miller 01/10/2023 09:41 AM
Form Started By: Linda Mendenhall Started On: 01/10/2023 06:35 AM
Final Approval Date: 01/10/2023
1
Administrative Policy for Invocations at Town Council Meetings
Adopted January 17, 2023
Background and Purpose
The Town of Fountain Hills (the “Town”) has historically primarily started its Town Council
meetings with an invocation since the Town’s incorporation in 1989. Traditionally, individuals
of diverse faiths who have a substantial connection to the Town have been invited to offer the
invocation. Further, the Town Council Rules of Procedure provide that the Town Council may
begin its meetings with a moment reflection or an invocation before proceeding with the business
of the Council.
The purpose of this Policy is to formalize procedures relating to invocations offered at Town
Council meetings.
Policy of Nondiscrimination
The Town adheres strictly to its policy of nondiscrimination and respects freedom of religion and
conscience. Any individual of any faith or nonfaith who has a connection to the Town may give
the invocation at a Town Council meeting. The Town will not prohibit an individual from
offering an invocation based on the content of the invocation or based on affiliation or
nonaffiliation with any religion or faith group or organization.
Invocations at Town Council Meetings
Notwithstanding the above nondiscrimination policy, an individual giving an invocation at a
Town Council meeting may not denigrate or disparage other faiths or systems of belief or
nonbelief; proselytize or preach conversion; or advance any other impermissible purpose. Any
individual who engages in such conduct while offering an invocation may be asked to stop the
invocation and/or may be disqualified from offering an invocation at a future meeting.
Consistent with the Council Rules of Procedure and current practice, the invocation will be
offered following the Pledge of Allegiance and prior to the Roll Call, and before any Town
Council business is conducted.
Offering an Invocation
Individuals who have a connection to Fountain Hills may contact the Town Manager or his/her
designee if they desire to offer an invocation, regardless of their faith or nonfaith or membership
or nonmembership in any religious organization. The Town Manager or his/her designee may, in
his/her discretion, set the schedule for as many meetings in advance as he/she deems appropriate
on a first come-first served basis.