HomeMy WebLinkAboutAGENDApacket__08-22-23_0936_492
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
Vice Mayor Sharron Grzybowski
Councilmember Peggy McMahon
Councilmember Hannah Toth
Councilmember Gerry Friedel
Councilmember Brenda J. Kalivianakis
Councilmember Allen Skillicorn
TIME:5:30 P.M. – REGULAR MEETING
WHEN:TUESDAY, AUGUST 22, 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.STATEMENT OF PARTICIPATION
5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
6.PRESENTATIONS
A.Economic Development Fourth Quarter Update
B.Presentation from the Public Works Director for Donated and Stored Construction
Materials
7.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.
8.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for
which the item was scheduled. The items will be removed from the Consent Agenda and considered in its
Town Council Regular Meeting of August 22, 2023 2
normal sequence on the agenda.
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Regular
Meeting of June 6, 2023; the Work Session and Regular Meeting of June 20, 2023.
B.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License
application by the Fearless Kitty Rescue for a wine garden in conjunction with Wet Your
Whiskers on October 14, 2023.
C.CONSIDERATION AND POSSIBLE ACTION: Request to apply and take receipt of Prop 202
Grant Funding from Salt River Pima-Maricopa Indian Community.
D.CONSIDERATION AND POSSIBLE ACTION: Approval of grant applications submitted to the
Water Infrastructure Finance Authority of Arizona. (AZWIFA)
E.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2023-27, Accepting Gila
River Indian Community Grant Funding on behalf of the Fountain Hills Chamber of
Commerce.
F.CONSIDERATION AND POSSIBLE ACTION: Approval of a Cooperative Purchasing
Agreement (C2024-013) with L.N. Curtis and Sons for the purchase of new structure and
wildland firefighter personal protective equipment (PPE).
G.CONSIDERATION AND POSSIBLE ACTION: Approval of a Cooperative Purchasing
Agreement (C2024-012) with SHI International Corp. for the purchase of new computers
and associated equipment for mounting the fire apparatus.
9.REGULAR AGENDA
A.CONSIDERATION OF POSSIBLE ACTION: Approving Ordinance 23-11 - Pedestrians in the
Roadway.
B.CONSIDERATION OF POSSIBLE ACTION: Approving Ordinance 23-12 - Prohibited
Solicitation
C.CONSIDERATION OF POSSIBLE ACTION: Approving Ordinance 23-13 - Urban Camping.
D.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement
2023-088 with Kimley Horn & Associates for a Town Center Parking Analysis
E. CONSIDERATION AND POSSIBLE ACTION: Approving Authorization to Proceed with
Town Council Regular Meeting of August 22, 2023 3
E. CONSIDERATION AND POSSIBLE ACTION: Approving Authorization to Proceed with
Capital Project T6005, for final design of a traffic signal at the intersection of Palisades
Boulevard and Eagle Ridge and Palomino Drives.
F.DISCUSSION AND POSSIBLE ACTION: Relating to the New Laws Report provided by the
League of Arizona Cities and Towns of the enacted bills that impact the operations of
cities and towns.
10.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.
11.FUTURE AGENDA ITEMS
12.ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this ______ day of ____________________, 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.
On the day of the Council Meeting, the Council Chamber doors open at 5:15 p.m. for public seating.
Town Council Regular Meeting of August 22, 2023 4
ITEM 6. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: 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): Economic Development Fourth
Quarter Update
Staff Summary (Background)
Economic Development Director Amanda Jacobs will be presenting a fourth quarter (April 1, 2023 -
June 30, 2023) Economic Development Update to the Town Council at its meeting on August 22, 2023.
The presentation will include town efforts on business attraction, business retention and expansion,
marketing, advertising, tourism and strategic partnerships.
Attachments
Economic Development Fourth Quarter Update
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 07/27/2023 08:56 AM
Finance Director David Pock 07/27/2023 01:22 PM
Finance Director David Pock 07/27/2023 01:22 PM
Town Attorney Aaron D. Arnson 07/27/2023 02:56 PM
Interim Town Manager Rachael Goodwin 08/08/2023 10:10 AM
Form Started By: Amanda Jacobs Started On: 07/03/2023 05:40 PM
Final Approval Date: 08/08/2023
Economic Development 4th
Quarter Update
•New Openings
•AZ Stone and Crystal Company
•Alpha Financial Nordic
•Motor Vault
•Snowy Ice Cream
•Coming Soon
•Coffee Roasters
•Dutch Bros.
•Above Board Charcuterie/Graze Craze
•Phoenix Cannabis
Business Attraction
•Business Retention and Expansion Program
•Workforce
•Workforce Housing in FH
•8-Week Shop Local Ad Campaign in FH Times
Business Retention & Expansion
Apartment Occupancy Rate
Apartment Occupancy Rate
Gunsight 92%
Casa Del Lago 91%
Four Peaks Vista Condos 80%
Pillar at Fountain Hills 97%
Luna at Fountain Hills 94%
Park Place at Fountain Hills 92%
Vacancy Rate – Existing Buildings
S o u r c e : C o S t a r S o u r c e : C o S t a r / S t a f f
Category Vacancy
Rate
Vacancy
Rate
Office 12.3%37.9%
Industrial 1.3%9.9%
Retail 6.4%19.9%
•Community Engagement
•Community Leaders Workshop – January 12
•Public Workshop – April 12
•Strategic Planning Advisory Commission – August 23
•Councilmember Meetings
Economic Development Strategy
•FY23 Final
•$85,464.75
•FY24 Estimates
•$69,792
AOT Prop 302 Grant
Partnerships
•Arizona Office of Tourism
•Arizona Association for Economic Development
•Fountain Hills Chamber of Commerce
•Fountain Hills Dark Sky Association
•Fountain Hills Times
•Fountain Hills Unified School District
•Greater Phoenix Economic Development Council
•Hotel Occupancy: 65.9%
•Social Media: 44% increase
•Fountain Live Feed: 1.3 million views, during FY
•Experience Fountain Hills Website
•32,450 unique visits (35% increase)
•Top 5 Cities
•Phoenix
•Scottsdale
•Mesa
•Los Angeles
•Chandler
Tourism
•Tourism and Event Impact Study
•Estimated winter visitors – 11.8%
•Events
•32.7% - Local
•43.8% - Regional
•23.5% - Out of State
•Opportunities
•Attract new hotel/resort
•Multi-Day Events
•National PR Campaign
Tourism Continued
Questions?
ITEM 6. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Presentations 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): Presentation from the Public Works
Director for Donated and Stored Construction Materials
Staff Summary (Background)
The Town of Fountain Hills began receiving and utilizing donated construction materials shortly after
incorporation to reduce the cost of current and future Town projects.
The material primarily consists of clean fill, large boulders and rip-rap. Some of the materials donated
are decorative rock, (granite) and select fill used for road construction.
Early on, the Town Engineering Department recognized the value of the material and began the
long-range planning process. In doing so, the Department started preparing site plans where the
materials would be placed. The Town has endorsed and encouraged developers and contractors to
donate excess materials from private development projects to the Town for short- and long-range
projects. Most of the donated material is hauled and placed by the developer at designated locations
that have been identified for specific projects, such as road widening.
Currently, some of the donated material is stockpiled on Town property for use at a later date.
The Public Works Director will provide additional information in a PowerPoint presentation.
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 08/10/2023 03:35 PM
Town Attorney Aaron D. Arnson 08/10/2023 04:00 PM
Town Manager Linda Mendenhall 08/10/2023 04:47 PM
Interim Town Manager Rachael Goodwin 08/10/2023 06:12 PM
Form Started By: Justin Weldy Started On: 08/10/2023 01:04 PM
Final Approval Date: 08/10/2023
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 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 June 6, 2023; the Work Session and
Regular Meeting of June 20, 2023.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and
action that took place at the meeting for archival purposes. Approved minutes are placed on the
town's website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the minutes of the Regular Meeting of June 6, 2023, the Work Session of
June 20, 2023, and the Regular Meeting of June 20, 2023.
SUGGESTED MOTION
MOVE to approve the minutes of the Regular Meeting of June 6, 2023, the Work Session of June 20,
2023, and the Regular Meeting of June 20, 2023, as presented.
Attachments
Verbatim Transcript
Verbatim Transcript
Verbatim Transcript
Form Review
Inbox Reviewed By Date
Town Attorney Linda Mendenhall 08/03/2023 02:06 PM
Finance Director David Pock 08/03/2023 02:34 PM
Town Attorney Aaron D. Arnson 08/04/2023 02:11 PM
Interim Town Manager Rachael Goodwin 08/08/2023 10:15 AM
Form Started By: Linda Mendenhall Started On: 08/03/2023 02:00 PM
Final Approval Date: 08/08/2023
TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL June 6, 2023
A Regular Meeting of the Fountain Hills Town Council was convened at 16705 E.
Avenue of the Fountains in open and public session at 5:33 p.m.
Members Present: Mayor Ginny Dickey: Vice Mayor Peggy McMahon; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn
Staff Present: Interim Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall
Audience: Approximately ninety members of the public were present.
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Post-Production File
Town of Fountain Hills
Town Council Meeting Minutes
June 6, 2023
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 78 JUNE 6, 2023 TOWN COUNCIL REGULAR MEETING MINUTES
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MINUTES OF REGULAR MEETING
OF THE
FOUNTAIN HILLS TOWN COUNCIL
MAYOR DICKEY: And we'll -- ready to start our regular session.
Please stand. And if you'd like, remain standing for the invocation.
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. We have Pastor Clayton Wilfer from Joy Christian
Community Church. Hi.
WILFER: Hi. Gracious God, merciful God, we thank you for the gift of this day. We
thank you for the gift of this town, and we thank you for the gift of this town council. I
pray that you would lead this town council in this meeting with your wisdom. Give them
insight as they lead this town and meet the needs of all of its residents. We pray this in
the name of Jesus. Amen.
ALL: Amen.
MAYOR DICKEY: Thank you. One more time. Roll call, please.
MENDENHALL: Mayor Dickey.
MAYOR DICKEY: Here.
MENDENHALL: Vice Mayor McMahon.
MCMAHON: Here.
MENDENHALL: Councilmember Friedel
FRIEDEL: Present.
MENDENHALL: Councilmember Grzybowski.
GRZYBOWSKI: Present.
MENDENHALL: Councilmember Kalivianakis.
KALIVIANAKIS: Here.
MENDENHALL: Councilmember Toth.
TOTH: Here.
MENDENHALL: Councilmember Skillicorn.
SKILLICORN: Here.
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MENDENHALL: Anyone wishing to address the council regarding items listed on the
agenda or under Call to the Public should fill out a request to comment card located in the
back of the council chambers and hand it to the town clerk prior to consideration of that
agenda item.
When your name is called, please approach the podium, speaking into the microphone,
and state your name for the public record. Please limit your comments to three minutes.
It is the policy of the mayor and the council to not comment on items brought forth under
Call to the Public. However, staff can be directed to report back to the council at a future
date or to schedule items raised for future council agenda.
MAYOR DICKEY: Thank you, Linda, so much. We'll start with our reports. Do you
have anything to report, Rachael?
GOODWIN: I do, Mayor, thank you. Quickly, I just want to say, we have a great staff
here and tonight I really wanted to take a moment to recognize our town clerk, Linda
Mendenhall.
Linda was one of 175 clerks that were recognized from 28 different states. She made the
2023 Municipal Clerk's Honor Roll this year. So we're super proud to have her. Just by
way of some of her background. She has her master's in municipal clerk -- her master
municipal clerk designation, as well as her certified municipal clerk designation.
So we're really grateful and really have benefited from Linda's knowledge and her
expertise as our town clerk. So congratulations to her.
MENDENHALL: Thank you.
[APPLAUSE]
MAYOR DICKEY: Okay. I'm going to surprise you and go to Councilman Skillicorn
first, activities. I keep -- I always go on that side so I --
SKILLICORN: Yeah. Well, thank you, Madam Mayor. I will be very brief. I attended
the Falcon Fiesta as a volunteer. And what a good time. I actually came home to my
wife at 3 o'clock in the morning and just told her how much fun it was. And kind of
bragged about all the kids that won all the raffle coupons from me playing roulette.
So it was a great time and they won such great prizes and all the kids were so amazing.
So it was such a great opportunity, part of -- and to move things along, I will give up my
time.
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MAYOR DICKEY: Councilmember Kalivianakis.
KALIVIANAKIS: Thank you, Ms. Mayor. Hi everybody. Good evening. Thank you
for coming again, a very well-attended council meeting this afternoon -- this evening. I
appreciate it. Good governance is based on citizen participation. And if that's any case
here in Fountain Hills, we have a good government because you guys are very active.
Like to also say hello to everyone on Cox Channel 11 and livestreaming tonight and
especially the people that are in my home delivered meals program. I would ask
everybody to please speak up when they're addressing the microphone out there because
they can't here you. Okay? I was told to say that.
We had an open house at the Boys & Girls Club on May 17th. The mayor was there, as
well as most of council. It was a very wonderful event. The Boys & Girls Clubs are just
tremendous. They provide safe childhoods for our children, providing them safe and fun
places for kids to grow and thrive. Life enhancing programs, delivering engaging
programs focus on academics, health, and leadership. And they also are mentors --
offered staff training who guide, coach, and motivate kids to be successful. They're a
treasure to have here. As life would have it, the next day at our Business Retention and
Expansion program, Betsey (ph.) from the Chamber, Amanda (ph.), and myself, went
back to the Boys and Girls Club to find out how we could better serve them in our
community.
That program that Amanda put together, puts together the stakeholders, business owners,
a member from the town council, member from the chamber, to help individual business
owners with any of their needs.
We discover a lot about the businesses. We discover about what they need. And it's a --
it's a great loop to go back and forth.
Based on the meeting on the 18th, we had another follow-up meeting with Rachael on the
22nd to address some of the problems that the Boys & Girls Clubs were having. Having
not had that meeting, we wouldn't even know. And so I want to thank Rachael for being
right on top of that. I think Amanda, it's just a great program.
And just a reminder, not only do we have the Boys & Girls Club, we have the Chamber
of Commerce, the Reservation, sanitary district, school system, Maricopa County
Sheriff's Office, Rural Metro, so there's a lot of organizations that this council interfaces
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with for the good governance of our town and to make sure that when there's a problem,
the police show up, the fire shows up, and the water turns on.
And so it's a lot of work. And hopefully, you guys don't even think about it because that's
how it should be and it just takes care of itself.
I wanted to congratulate the Class of '23. I went to some of the graduation parties. It's a
wonderful time of the year for our graduates. So congratulations.
Also, last Thursday I attended the Lawyers Luncheon. This -- the guest speaker was Tom
Horne, Arizona Superintendent of Public Instruction. Tom is an advocate for the basics,
stressing reading, writing, and arithmetic. With the proper education, young people can
realize their goals and achieve success. Never forget your dreams because they are who
you are. They become your plan.
Lastly, tomorrow I'm going to be attending the League of Arizona Cities and Towns,
public safety, military affairs, and the courts, for another policy committee meeting.
These are really important to set the direction for the 91 municipalities throughout the
State of Arizona to get guidance from council and mayors.
So that's what I've been up to. Thank you very much for your attention.
MAYOR DICKEY: Thank you. Vice Mayor.
MCMAHON: Good evening, everybody, and welcome to the council meeting. I'm
going to be brief. I attended the Dementia Friendly Committee meeting. We are
continually moving along and addressing the initiatives and accomplishing them for the
benefit of our community, which is great.
I also attended the Boys and Girls open house. It was very impressive to see how all of
our donations have significantly helped improve the Boys & Girls Club for our local kids.
And it was great to see how involved and proud the kids were of their clubhouse, and
how much they are thriving. They look you in the eye. They talk to you. They're really
polite. They're just amazing young kids. It was great to see.
I attended the Valley Metro Board meeting. Once again, we were talking about
Proposition 400, how it's moving through the legislation. And hopefully, that will come
into action and so that we can have voter approval on it.
We, Ginny -- Mayor Dickey and I and Gerry Friedel, we attended the Central Arizona
prop -- excuse me, Councilmember Toth attended the Central Arizona Project, Water
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Resource dinner. It was really, really nice. We learned that major steps have been taken
with important government stakeholders to continue our water conversations over the
next three years so that Arizona can be the decision maker and how it will use and secure
water resources for Arizona versus having that dictated to us. That's a significant
achievement.
Also, I attended the Acute Care Facility grand opening. It is a facility here that provides
acute care for elderly people who need it. And also gives respite for the caretakers.
I also had lunch with executives of the United Way to learn more about their significant
contribution to addressing temporary and permanent housing for those living without
shelter throughout Maricopa County. I don't think we all realize how much United Way
works very closely with the homeless, providing a lot of facilities for them, resolutions to
some issues. They also work very closely with one of our key partners, the Maricopa
Association of Governments. They are working closely to address this major homeless
issue that, really, ultimately affects Fountain Hills.
So while Fountain Hills, thankfully, doesn't have a large unsheltered population, we still
do. And it is important for us to continue to work with these stakeholders, to be part of
the conversation and the resolution.
And today, I attended the MAG Economic Committee. Governor Lewis of the Tribal
Nation was there. He shared a lot of information about the gaming and the funds that are
distributed amongst the state and the towns and cities and how they benefit everyone.
Also, about their new relationship with the Suns team, their design of the jerseys.
They're aqua, and they have a lot of the code designations on them, very small, but it's
really -- seems like it's a really great relationship of which they are very proud. So thank
you.
MAYOR DICKEY: Thank you.
FRIEDEL: Thank you, Mayor. I did attend the Domestic Violence Regional Council
meeting. We are developing a serious of best practices for teen dating violence. So
that'll be in the works and we should have that done pretty quickly. So we'll be able to
share that with the town and maybe put that out on our website.
I did attend the groundbreaking ceremony at the American Legion Post 58 here in town.
In fact, if you went by there today, their temporary shade structure has been taken down
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and they're going for -- forward on a permanent structure with solar panels to totally
operate that American Legion Post for free, basically. But anyway, it's exciting because
we are the benefactors of that temporary shade structure. So that should be coming to us
anytime now, right Rachael?
GOODWIN: It is. It's already at our refurbishing facility.
FRIEDEL: Okay. So it's being refurbished right now as we speak. So Saturday morning
I did attend the Farmer's Market. I was in line, a long line to get corn. I'm sure there
were others in this room that were in that line. And on the way back, I stopped by our
skate park, which isn't even open yet and there were 15 to 18 people using that state-of-
the-art skate park. So we are planning a ceremony on the 24th, I believe, of June. So if
you haven't seen that facility, I'm telling you, it's really something. And it's not even
opened and it's being used. So that's how nice it is.
I did also attend the Falcon Fiesta and the graduation. The Falcon Fiesta, I was working
the bingo table that night. So again, it was a lot of fun. A lot of activity. A lot of our
students went there. So congratulations to all the graduates.
And as the vice mayor mentioned, I did also attend the Central Arizona Project, Water
dinner. And she mentioned something that I think I will mention it again. CAP gave us a
seat at the table for negotiations for water, which is very important to every person in this
state. We don't want this administration in Washington dictating what happens to our
water in our state. So it's very important that they had that seat for us, representing the
State of Arizona and all the communities around here. You know, I don't know if you
knew this but I didn't know they had 350 miles of canals that run all the way to Tucson.
So they are a big seat and a big speaker for us on behalf of water in Arizona. So that's
important.
And I did also attend the Boys & Girls Club open house. That was really exciting to hear
some of those students, some of those young people in our town, the way they handle
themselves and the way they speak, it was really eye opening. And that facility, I'm
telling you, it was very impressive, what they have there.
And that's all I have, thank you.
MAYOR DICKEY: Thank you.
GRZYBOWSKI: In lieu of talking about meetings that I did this past, what are we at,
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three weeks, I received approval from the mayor to do something that I don't generally
do, but there are young lives at risk. I'd like to take a moment to recognize Pride Month.
Pride is about more than rainbows and parades. It's about boring, everyday things that we
cisgender, heterosexual people take for granted. Life is hard enough, but in validating
someone based on your opinion of how they live invites misinformation as a means of
reason -- excuse me -- as a means of reason justification.
It invites bullying. Misinformation and bullying creates a hardship that results in our
young people looking for a way out. Too often, that way out is suicide. Using someone's
preferred pronoun or name is not that hard. No one questions nicknames that they
receive from their friends in high school. No one questioned me, 35 years ago, when I
got married and took my husband's last name.
You don't need to approve of someone's personal choices. You just need to have enough
respect for your fellow human to treat them the way you would like to be treated. Each
of the religions teaches that there is only one true judge, and that judge is your God.
Thank you.
TOTH: Well, I was also at the Boys & Girls Club open house. I had to sneak out a little
early, I felt so bad. But it was really lovely in there. And you can tell how much the kids
love going.
I was also at Falcon Fiesta, which was a blast. Congratulations to the class of 2023. I so
enjoyed being the PE teacher for graduation night. And with Alan's help, running the
trike races, then the dodgeball games.
I was at the CAP Water dinner. As you've heard from others, that was a lovely way to
get updated on the water situation in Arizona. You can tell, I'm trying to be brief. And I
was at the groundbreaking ceremony for the American Legion. I'm so excited for them
for that project that's going to really set them above for -- as an example for other
Legions around the nation. So we're so excited about that project. And congratulations
to the Legion.
MAYOR DICKEY: Thank you. Thank you. You'd think it was not getting into summer
with all of the activities everybody's been involved with. And we appreciate that. I just
wanted to read a little bit about the nomination for Linda that resulted in her being
recognized as a clerk.
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"Linda Mendenhall has fully embraced her vital role as clerk with energy and knowledge
to the great benefit of townhall and the community. Our rules of procedure needed
attention and she professionally suggested changes that improved them, all of the positive
and welcoming demeanor. She managed elections in a reassuringly calm way. Staff,
Council, and the public respect and like Linda. She's a true asset to our hometown."
So something that we said -- and Peggy also put something in there, so I guess it worked.
So again, congratulations.
Yeah, the graduation was awesome, It was the 30th. I think I've been to, probably all of
them. I watched my own three sons, nieces and nephews, my future daughter-in-law,
who's now the mother of three of my grandchildren. Multiple family members, and even
great nephews cross that stage. So I want to congratulate all of the kids and the educators
for a great year.
As Sharron mentioned, yes, June is Pride Month, recognizing the support of healthy, safe,
prosperous communities for all of us. I want to take the opportunity to mention that
2023, this is the 10th anniversary of the One Community's Unity Pledge and support of
equality and nondiscrimination. And remind everyone that Fountain Hills had joined
more than 3,500 businesses, 500 faith leaders, and 20,000 Arizonans in taking the Unity
Pledge in 2022. So it seemed like a good time to bring that up.
Again, the CAP dinner was very informative. It's exactly like Gerry said, Arizona,
California, and Nevada got together and they'll be conserving historic volumes of
Colorado Water and Lake Mead is a, I don't even know how to picture this, but 3 million
acre-feet in Lake Mead, over the next three years, which is expected to have an
immediate impact on the stability of the Colorado River.
I know that you probably heard, too, that City of Phoenix said some stuff about
development and groundwater. It kind of got a life of its own. So the Greater Phoenix
Economic Counsel and the mayor also, I think, today wanted to kind of hone in on that a
little bit. So Greater Phoenix is not halting housing development. It doesn't impact
commercial or industrial development. It's not affecting any existing homeowners or
businesses. This temporary halt is for newly subdivided developments that are relying on
groundwater. So it's quite of a bit different than I think, maybe, it sounded a little more
extreme from the way that we heard it. So I just wanted to take the opportunity to
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mention that when we were talking water.
So I think that's it for now. Our next item is the -- we don't have any presentations, so
we're going straight to Call to the Public, and do we have any speaker cards?
MENDENHALL: Yes, Mayor, we do. We're going to do this a little differently. We're
going to, just like in baseball, there's a person that, you know, on -- what is it, on bat or --
GOODWIN: On deck.
MENDENHALL: -- on deck.
[LAUGHTER]
MENDENHALL: All right. So first, we have Crystal Cavanaugh. And then on deck is
Matthew Corrigan.
MAYOR DICKEY: Thank you.
CAVANAUGH: Good evening. Last week a former councilman, in his letter to the
editor, insulted and mocked those who speak up and reference the people. He dismissed
those who show up at councils and boards as a small contingent of folks who complain
about virtually everything. He classified peaceful protestors defending personal
freedoms again COVID restrictions as a raucous group that managed to recruit a few
stragglers to disrupt the meeting with signs and chants from their outdoor location,
actually. He was confident that our type does not actually represent the people in a town
of 25,000.
Well, former councilman, there are only seven town councilmembers on the dais. Do
they represent the people? I certainly hope so. And let's talk more about this small group
of vocal residents. You mean those that did extensive 5G research to pause small
wireless data towers from popping up all over town and sitting in yards above ground
without adequate information about the process or consequences?
Or did you mean the small group of vocal residents that spoke up to provide accurate
information to town staff, commissions, and town council that outpatient drug treatment
was trying to operate in the wrong zoning off of Shae and Saguaro?
And you're welcome. Because some of those players pushing their way into Fountain
Hills included Angel Heart and Imani Wellness who are currently suspended and under
investigation with the FBI and State of Arizona for fraud and worse.
If there had been no pushback, Angel Heart would have been operating here with a
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business license approved by the town.
Or did you mean the involvement of local residents who reached out to state
representatives, commissioners, and town councilmembers regarding sober living homes
in our residential neighborhoods that housed 10 to 15 clients at a time, sometimes
illegally? Vigilant neighbors helped to stop this. Vocal residents pushed the town to
craft an ordinance for transitional community residences, limiting occupancy to five
clients in any new homes, thus minimizing the proliferation. That former councilmember
actually voted against the protective ordinance.
Coincidentally, he happened to work for a drug coalition. So who was actually
representing the people in this situation? There is indeed a small group who consistently
speak up about concerns. But it doesn't mean the larger community is not being
represented. Many fear reprisal or backlash if they speak up. So they don't do it
publicly. But it doesn't mean they don't contact this visible group of people privately
with their support and concerns.
More new faces have been seen at town council recently. And hopefully, the small group
of frequent flyers has inspired them to do so and speak up. More watch from home.
Instead of discouraging community involvement, it seems wiser to encourage it. Thank
you.
CORRIGAN: Madam Mayor, Councilmembers, Matthew Corrigan, homeowner,
Fountain Hills. I would like to first thank Crystal Cavanaugh for her public comments in
March, revealing how now disgraced Angel Hearts Services attempt to open a $2.2
million outpatient center, disguised as behavioral health, in a property zoned commercial
office, not eligible for behavioral health uses in Fountain Hills.
Thanks to prevailing wisdom of Councilmembers Friedel, Kalivianakis, Skillicorn, and
Toth, restricting detox away from residential areas and enforcing commercial office
zoning ordinances as written, the Angel Heart scam was revealed and rejected, saving
Fountain Hills from national embarrassment as the FBI and the State of Arizona
investigation uncovered hundreds of millions of dollars in AHCCS fraud and human
trafficking.
The Fountain Hills Alternative reporter Marshall Tucker offered a very well written local
history and summary of the ongoing investigation. I encourage everyone to read it. Also
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FOX 10 News and the left-leaning The Arizona Republic covered the investigation. The
purpose of zoning is to divide towns or cities into residential, commercial, or industrial
zones. Within those zones are specified further-defining permitted use areas.
Our planning and zoning boards are obligated to uphold and enforce those defined zoning
ordinances. They must be followed specifically and not loosely to insure the integrity of
our town. To do less than this diminishes the quality and nature of Fountain Hills in
general and the master planning and general planning.
There are two, maybe three items on the agenda just tonight that reflect just that desire to
rezone areas of town. The first was label -- was tabled at the -- but it -- excuse me, was
tabled, but it request a special use permit to convert a hotel into apartments and four
short-term rental units. Rezoning?
The second, to rezone our 1-10 single family to R3 multifamily. Rezone?
The third is a special use permit to permit up to ten apartments in three buildings.
Rezone?
Why the sudden need for special use permits and rezone? I support free enterprise and
energetic business growth, but that freedom should not be construed as license. I
encourage building and development within appropriately designed zoned areas. Many
of us has moved to Fountain Hills to enjoy the master planned, energetic development of
correctly applied growth, not the Phoenix plan of urban sprawl and destiny design.
From the moment my wife and I visited and enjoyed the small town wonder and peaceful
and beautiful mountains -- Fountain Hills, to the day we bought and now enjoy our home,
we knew that, as many of us know now, Fountain Hills is a unique and precious oasis
from a noisy concrete jungle of chaos and crime.
Many of us moved here to get away from problems related to lacked zoning decisions.
Let's plan and be careful. Oppose zoning and rezoning inappropriately. Thank you.
MENDENHALL: Next we have Terese LoPresti, if I said it right. And then on deck we
have Wendy Bozzi.
LOPRESTI: Hi, it's LoPresti. Again, Terese LoPresti. I'm a resident of Fountain Hills
since 1999 and in the Maricopa County area since 1981. I'm here to support 5G. I know,
going against the grain, but -- and sorry I'm late to the party. I want to encourage the
town to move forward and not restrict 5G, in other words, small cell. The 5G data is not
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only for the residents but for those who visit our town and for our major events. And 5G
has been geared towards first responders, too. So that's something that needs to be taken
into consideration.
I'm not up on the law with regard to the moratorium, but if Fountain Hills does not have
an ordinance that works within the guidelines of the state and federal laws, then this is the
time to figure it out. And the moratorium is probably good so that you can do that. To
work on those design standards that -- oops, sorry -- that encompass the state and federal
guidelines or statutes.
I have gone to, or I had looked that online, there was a previous meeting and when
somebody was concerned about 2,000 applications coming in. That's not going to
happen. The carriers are not going to inundate Fountain Hills. You'll be lucky if you get
20 all at one time. So you know, that's a consideration, too.
Not allowing 5G or trying to severally restrict it, you're going to put Fountain Hills in the
dark ages. You're going to be behind the times. That's going to restrict our population
growth. People will not want to come here because there's not going to be that
telecommunication infrastructure for the growth of our small businesses. And doing so
could also violate current state, federal statutes.
Sorry, if we do not get wireless cell communications in place in a timely manner, we
could lose major events. We have a lot of events here in Fountain Hills. And so some of
these events may go away or get severely curtailed. Again, even a loss of revenue. So
you would need that to do that. I mean, we have events at the Avenue of the Fountains,
the Community Center, here at the townhall, at the library. We've got the upcoming Dark
Sky Observatory. Why would you curtail any of that?
And I -- sorry, I'm, like, going out of order on my notes here. Other jurisdictions have
worked with the carriers to minimize the impact and still be within the state and federal
guidelines. It can be done. You just need to be able to work it out.
Health issues, I know that people are concerned about health issues. You can go to
studies that take it to this extreme, and then all the way through the other extreme. We
just need to have commonsense when doing this. You know, the 5G is a different
bandwidth than some of the macro-towers or in the macro-antennas, there are procedures
in place by the industry that notify people of those antennas, those public antennas, and
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how to stay, you know, that you're to stay away from them. That you shouldn't be
climbing those towers or those structures.
MAYOR DICKEY: Thank you, ma'am, the buzzer just went off, sorry.
LOPRESTI: Oh, I'm sorry. Okay.
MAYOR DICKEY: Thank you.
LOPRESTI: All right.
BOZZI: Hello. Wendy Bozzi, I have lived here since 1999 and I've worked for our
school district for 24 years, which I love. I went out last Wednesday and hiked around
where we had had the homeless person living behind the middle school. And I went to
see, you know, to check up if things had been cleaned up and cleared out like we were
told. And what -- I was kind of surprised by what I saw because there is a very nice tent
structure in the exact same spot, set up. There's buckets, there's pile of firewood.
So there is a person still there. I don't know if it's the same person or a different person,
but there's somebody there in that same spot. It's north of the middle school, which is
going to be the new McDowell Mountain School. So I was just concerned and would
hope there'd be some more follow up on that because we were told that was all going to
get cleaned out and cleared out and that's not what I observed.
So I made a report to the nonemergency number Friday, a couple days after I had been
out there. So this was just this last Wednesday when I went out there and saw that. So
just wanted to report about that and would hope there'd be some follow up because that's
a concern.
GOODWIN: Wendy, thank you for your comments. Generally we don't speak to public
comment but I did want to clarify. A few updates is that that was received. That is it was
investigated. The State trust land does issue 14-day camping permits. The person in
question does have a valid permit. There are no current burn bans on the State Trust
Land, so they are permitted to have camping fires associated with that.
So at this time, there doesn't seem to be any violation with this person participating on the
State Trust Land.
MENDENHALL: Next we have Lori Troller and on deck is April McCormick.
TROLLER: Hi. Hi, Mayor, Council, Rachel, Aaron, I'm just going to -- I'm glad I kind
of followed up here because I just want to make sure everybody realizes, I'm not trying to
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stop 5G. None of that is going on. We're bringing broadband in. We just want to bring
it in the way we can.
So everyone here can make a phone call whether, right now. Right here, right now.
AT&T, Verizon, Singular, we can all do that. Why is that? Well, this location is covered
by 19 antennas. Did a little research. And those 19 antennas are on five towers around
town. Why isn't it one antenna? Why is it 19? Well, buildings have to be hit from all
sorts of angles. Now, they also have to be, the antennas also have to be operating at a
certain signal strength. And that's negative 85 decibels.
That's also related, there's a relationship between that and the amount of exposure,
emission exposures to that. So as we discussed last meeting, the 85 decibels, that's an
FCC standard. But we know that the FCC standards were -- they tested plastic. They're a
bunch of engineers. They did what they knew to do, tested the way they knew how to
test it on plastic. They're not doctors.
That went out to the FDA. The FDA said, we're not FR -- radio frequency specialists,
throw it to the National Technology program. They took it. They were given $30 million
in 20 years. And in that testing period, there is no doubt these things have all sorts of
problems.
Again, I don't discuss the health things. Anyway, there's -- I'm just saying let's take that
85 decibels. So who's checking in Fountain Hills that all our antennas are working at 85
decibels? And the reason you want to ask this is because you're being advised to bring
more towers in and to bring more radiation in. So what do we have?
Turns out 5 of the 19 antennas we're sitting in right now, way over emitting. Two of
them are emitting at negative 116 decibels. Two are emitting at a negative 111. One is
emitting at 108 -- negative 108.
So before we go and look at bringing antennas in, let's manage, get a hold of what we've
got. And there is no -- it's an industry that came in with zero regulation. And we can put
that in our ordinance, that we look at that.
Okay. So one other thing I just want to point out. There are two ordinances. I don't
know if you guys realize that. There's the -- there's a telecommunication ordinance and
then there's this SWF ordinance. It's separate. The reason it's separate is because
everything Aaron is saying, the rules and everything that we have to apply to the towers,
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that's the telecommunications' piece. We're talking -- I'm not talking about that. We're
talking about the broadband piece.
We can bring this in under -- real quick, let me go - if you write an ordinance to put
towers in, you're literally writing against our standard of underground. You have to go
against our underground standards to bring it in via all the towers. So thank you. Sorry I
went over.
MCCORMICK: Hello, good evening. April McCormick, Fountain Hills resident. Right
now everyone in Fountain Hills can get a 5G signal in their home because all of the cell
towers in Fountain Hills have been upgraded to have 5G antennas on them. And that's
just a fact.
So we have 5G and we have very good 5G service. All we've been advocating for is a
restrictive ordinance to keep 5G out of our front yard, ten feet from our home and right
next to our bedroom window. And that can be done. I've given you ten pages of case
law where every district court in the country has upheld a hierarchy of preferred
locations, least intrusive means test, and a significant gap in coverage, mat -- proving that
they don't have 5G or a single. And they have to put it in your home and they can't find a
better location than right next to your home.
We've been at this for over a year at this point. And all that's been accomplished by the
former council was to stonewall us, is what I'd like to say, frankly. And for Aaron to
bring in the telecom law firm to help draft any replacement ordinance is a utter slap in the
face.
I don't know, he said he vetted him. I'm not sure if you realize that he owns a real estate
brokerage company where he's a licensed broker for his own purpose. If you want to sell
your property that has an antenna on it, you list it with them. If you want to buy property
that has an antenna on it, you list it with him. After you buy or sell, he has a antenna
property management company who will manage the parcel that he just sold or helped
you buy, that he exclusively has an antenna on it. If there were no antennas, this man
would have two of his companies evaporate.
There is such a blatant conflict of interest. I'm utterly shocked. His Twitter feed, if
anyone care to look at, looks like an antenna porn. I don't know how else to say it. Every
single tweet is of an antenna, either next to somebody's home, on a building, on a
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billboard. He also does billboard leasings where he puts antenna on both sides of the
billboard.
I have read his ordinances from other counties and other cities. And they even include
OTAR devices, over-the-air reception devices, which enable you to put a 5G transmission
on your roof. They're the most permissive, crazy things I've ever seen, I've read,
honestly. Over 75 municipal telecommunication ordinance in the last three to four years.
We've furnished you a petition of over 158 signers. And what you need to know about
that is, it was only one signer per household. If you use Brave browser, you can't sign it
at all. It logged your IP address and won't let anyone else from your household sign it.
Lori and I fielded so many complaints about how does my husband sign this. So really,
that number is double. Thank you.
MENDENHALL: Mayor, that's it for public comments.
MAYOR DICKEY: Thank you, Linda, very much. Our next item our Consent agenda.
Do I have a motion?
MCMAHON: So move to -- I move to approve the Consent Agenda.
KALIVIANAKIS: Second.
MAYOR DICKEY: Did you second it?
GRZYBOWSKI: It was seconded at that time.
MAYOR DICKEY: Oh, okay. Thank you. Roll call, please.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Yes.
MENDENHALL: Councilmember Toth?
TOTH: Aye.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Aye.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: Aye.
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MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye.
Thank you so much.
So as you heard -- so our first item has been tabled and so we will move to 9B,
which is the Public Hearing for our budget.
So I'll open the public hearing and we will hear from staff, do a presentation.
We'll hear from speaker -- if we have any speaker cards, and Council will discuss and
we'll close the hearing. And then we'll vote.
MAYOR DICKEY: David?
POCK: Got to speak into the mike, so everybody can hear me, right? The thousands of
people on YouTube and Channel 11 and everybody here. I'm glad to see so much
attention for the budget. We do have four other public meetings a year, but we'll get to
that -- anyway.
All right. So first we like to start with the fiscal year '23, the current year revenue
update. We're doing very well. I'm going to make it short and sweet. You can see the
first ten months of this year, we've actually had a 19 percent increase over the first ten
months of last year, and currently we've reached our total revenue, TPT revenue, that we
had budgeted for fiscal year '23. We've achieved that in the first ten months, so we're on
a good track there.
As far as our state shared revenues, three out of the four are coming in right on
track. The HURF fund, or the HURF revenues are down a little bit from what we were
expecting, but that's about ten percent off, but we'll make up for it, right?
Okay. Any questions as far as this year's revenues go?
All right. So on to fiscal year '24 budget.
As I mentioned, we've had multiple meetings already this year. Public meetings
about the budget started in February with our open house and public outreach, and then
we've had our workshops, CIP workshops, budget workshop, and then the tentative
budgeted option was last month. And then this is our final budget meeting for fiscal year
'24.
So as I mentioned, the tentative budget adopted last month set a maximum
amount of the $43.1 million. At that adoption, there wasn't any substantial changes
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requested by Council. It did include a $2.5 million General Fund contingency that can
only be used with Council approval as needs arise.
It also included a $5 million Streets Fund appropriation for pavement
maintenance. That is a million dollars more than we've ever had in that line item. This
specific line item was added, I believe, in 2016, and the most that we've ever spent in one
single year was 3.5 million. So we do have more capacity next year and the ability to
spend more in that specific line item.
As far as the overall General Fund, if you take out the contingency that we had in
this year's budget, we've got $20.4 million next year. Without the contingency, it's 23.1,
a difference of $2.7 million, and then that's a 13 percent increase. However, that $2.7
million increase this year also includes the 1.9 that we have in Public Safety increases.
So if you take that out, it's only a 4 percent increase over this year.
Any questions on that?
A lot of information, one slide. I've got you guys all practiced up on all the other
meetings, so hopefully this goes quick.
All right. So we did want to do some comparisons compared to other cities
around the Valley. We broke it up by eastside, westside. You can see here which cities
and towns have primary property taxes, secondary property taxes, both. There are not a
lot that don't have either. So overall, you can see we're doing quite well as far as per
capita expenditures.
So any questions on those?
All right. So then we'll take a quick look at the capital projects. This first group
are the projects that we believe there was general consensus from the group, from
Council, to go ahead and start July 1st without any further action required by Council. A
lot of these projects are continuing projects from the current year or grant funded
projects.
The second group of projects are projects that would be coming back to Council
at a later date, after your return from your summer break.
So those are the total authorized projects so far, at $6.6 million.
This next list, we started talking about at the -- I believe it was the budget work
session. These are projects that were identified by the Community Services Director and
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Public Works Director as projects that didn't need to start right at the beginning of the
year. We can take some time. We had to move these out of our suggested CIP, just
because of the expenditure limitation that we have. We don't have as many exclusions
for next year.
I lost my train of thought. I apologize.
So these had to be taken out because of the expenditure limitation. We can take a
look at revenues, see how they're coming in. This would be a possible use of that $2.5
million in contingency that we have. Some of these projects between now and November
or December might be delayed for other reasons. We're just not sure. But they could
come back and be approved at a later time.
MAYOR DICKEY: Just to --
POCK: Sure.
MAYOR DICKEY: -- remind you what Justin had said about some of them, too, which
was they were being delayed because there was no way we were -- for one reason or
another, that they were going to start before then, anyway. So I just wanted to -- it wasn't
like a prioritizing kind of a thing.
POCK: All right. The last slide here is on our fund transfers. Transfers aren't
specifically or officially budgeted; however, we don't count them because we don't want
to double count the transfer from one fund to another and then the expenditure. But they
are included in the schedules that you received in your packets.
I did want to go over these first three because as far as the Environmental Fund
and the Facilities Reserve Fund, the General Fund -- transfers from the General Fund are
the sole resource or funding source for those two funds. So as long as we can agree that
that's the minimum amount that gets transferred in, we can make those transfers at the
beginning of the fiscal year and continue that.
As far as the 4.2 million, that is the final amount from the ARPA funding that we
had previously talked about moving into the Streets Fund, so --
I will say when the audit is complete in October or November, we'll probably
come back. We'll have the excess revenues number at that point and we can make further
decisions as far as the transfers.
Yes?
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FRIEDEL: David, a quick question. The 2.5 million General Fund contingency, could
that at some point, if this Council decided, be moved to Streets?
POCK: Absolutely.
FRIEDEL: Thank you.
POCK: I should've changed slides. Can you ask your question again? Sorry. Okay.
MAYOR DICKEY: I have a question for Aaron. Is this the special meeting already?
Should I have recessed, or do we start that after the Public Comments?
ARNSON: No. I think we'll recess into that next, unless Linda disagrees with me and
wants to slap my hand to correct me.
MENDENHALL: I agree with you.
ARNSON: Good.
MAYOR DICKEY: Thank you.
MCMAHON: (Indiscernible).
MAYOR DICKEY: No, not yet.
Okay.
FRIEDEL: I do have a comment. I think it's really important to recognize David because
with the debt ceiling agreement that was recently reached, they're clawing back any
unused COVID money. So I think it was a very wise decision on your part to prepay
our --
POCK: Public Safety.
FRIEDEL: -- Public Safety bills, because had we not done that, we would be giving
back -- X amount of millions of dollars going back. So I want to recognize you for that
decision. I think it was very, very wise and you just saved us, you know, close to $10
million in road funding, so thank you for that.
MAYOR DICKEY: Yeah, that was one of the reasons we had to use it, right? Public
Safety?
POCK: Right.
MAYOR DICKEY: Do we have speaker cards on this item?
MENDENHALL: We don't have anyone in person that wanted to speak. We do have in
your packet two people who wrote written comments. The first is J.P. Ward, who is for
adopting the -- both resolutions for the budget. And then we have Cindy Couture, who is
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in favor of approving the budget for the COLA. And they're in your packet.
MAYOR DICKEY: Thank you.
So now, I'm going to recess the meeting.
[Recess Regular Meeting]
[Open Special Meeting]
MAYOR DICKEY: And this is the special meeting, which hopefully the legislature's
going to change this this year, so we're not doing this --
ARNSON: Someday.
MAYOR DICKEY: -- for any other reason.
Do we have any other comments or a question from Council?
SKILLICORN: Actually, I have a question.
MAYOR DICKEY: Councilman?
SKILLICORN: Thank you, Madam Mayor.
Director Pock, I actually heard last week that Maricopa County, the Board of
Supervisors passed a budget where they're below the maximum budget cap. So we're
right at the budget cap, which is what? The $43,057,708, correct?
So if I wanted to say let's do a budget at $43,060,000, that's not legal, right?
We're at that actual maximum cap.
POCK: Correct.
SKILLICORN: Okay.
POCK: Based on the exclusions that we're anticipating.
SKILLICORN: Okay. And I just want to point out for Council, it seems like Maricopa
County found a way to spend less than the cap, and that's again something I urge us to do,
is spend less than the cap.
POCK: Madam Mayor, Council, I will say we have never spent up to the cap. We have
budgeted up to the cap, never even come close to reaching it, so --
MCMAHON: I'll make a motion. I move to adopt Resolution 2023-15, approving the
Final Budget for the fiscal year 2024; adopt Resolution 23-16, approving the Budget
Implementation Policy, organizational charts, pay plans, schedule of authorized positions,
updated employee job descriptions, comprehensive fee schedule for the fiscal year 2024,
and reconvene into the regular meeting.
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MAYOR DICKEY: That was a mouthful.
GRZYBOWSKI: Second.
MAYOR DICKEY: Thank you.
Are there any other discussion items?
All those in favor -- we will do a roll call, please.
MCMAHON: Thanks.
MAYOR DICKEY: Thank you.
MENDENHALL: Councilmember Toth?
TOTH: Aye.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Aye.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: No.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: Aye.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye.
Thank you. So closing the hearing, closing the special meeting.
[Close Special Meeting]
MAYOR DICKEY: Starting the regular meeting again.
[Reconvene Regular Meeting]
MAYOR DICKEY: And we'll move on. Thank you. Thank you, everyone. Thank you,
David.
So our next item is the rezone of the -- from R-3 -- well, we know what this is. So
we'll just move on. Thank you.
TAVASSOLI: Okay. Thank you and good evening, Madam Mayor and members of the
Council and the public.
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Well, what you have before you is a rezone request for a 6.3-acre subject property
rezoning from R1-10 single-family residential to R1-4, and also from an R-3 -- or also
from an R-4 single-family residential to an R-3.
I'm going to keep my comments, my introduction to this case brief, as the
applicant has prepared a presentation as well, but just to clarify for the benefit of the
public as well as the councilmembers, the subject property pertains to an independent
stand-alone piece that is currently zoned R-4, as well as a portion of a 6.3-acre property
on which on the west side there's the -- it's the -- you'll see the Trinity Lutheran Church.
The eastern half for about 3.1 acres is vacant. The northern portion is the portion that's
zoned R1-10 and currently the southern portion is zoned R1-4. And you can see the
neighboring zoning in and around the area is also single-family residential with R1-10 to
the east -- or I beg your pardon, the west, and R1-8 to the north. And to the south is the
Four Peaks residential condominiums. And once again, the applicant is proposing a
uniform zoning for the 6.3-acre piece to R1-3.
This is really just a summary of the rezone request. As I mentioned, 3.1 acres is
proposed for a rezoning from R1-10 to R-3 and 3.2 acres is proposed from R1-4 to R3.
The planned use, as you'll see in the following slide, the tentative development plan in the
following slide, is a proposal for an 80-unit multifamily development consisting of four
buildings. Each building will be three stories with tuck-under garages, including a
combination of garage and surface parking and two vehicular access points from
Mountainside Drive. The applicant has included a tentative development plan. I will let
the applicant go to greater detail as to what has been done to minimize some of the visual
impacts that has been a lot of concern for the neighboring Lost Hills development to the
north, but again, consisting of four buildings, three stories each with tuck-under garages
and some landscaped open space.
So as for the recommendation, staff and the Commission recommend approval of
the rezone with the stipulations, the eight stipulations that you have before you. As listed
in the ordinance, I do want to make one point of correction. The staff report mentions
that the Commission recommended approval by a vote of four to two. That number is
actually five to two in favor of.
And with that, I do want to acknowledge that last week, staff received a petition
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of protest in an effort to require at least a three-quarters supermajority vote from the
Town Council in order for this rezone request to pass. There are two methodologies that
come into play here, one defined by the state statute about what requires a supermajority
vote and also one defined by the town zoning ordinance. If we go by the state statute, it
doesn't meet the criteria that would require a supermajority vote. However, if we go by
the town as defined in the zoning ordinance, that does trigger the need for a supermajority
vote. And we can get into a deeper discussion if we need to later on about which one
should trump the other or which one should take precedence.
With that, I'll conclude my comments and open it up to questions, if --
MAYOR DICKEY: Do we want to do questions now, or do you want to hear the
presentation first?
Why don't we have the developers come up and make the presentation. I think
I'll -- should I open -- I'm going to open the hearing for now and then we'll take public
comments after the presentation and then we'll discuss. And we can ask questions, of
course.
Thank you.
MAEROWITZ: Good evening, Mayor, Vice Mayor, and councilmembers. For your
record, my name is Mike Maerowitz with the law firm of Snell & Wilmer at One East
Washington Street in Phoenix.
As a zoning attorney, any time I or my firm approaches a rezoning application, we
do so with the idea that we are going to improve the status quo, and if we're not going to
improve the status quo, then we shouldn't file the rezoning application. And in this case,
the decision was a very easy one. This is clearly a rezoning application that very much
improves the status quo.
And as you'll see as I go through my presentation, the developer of this project,
my client, Mr. Cutler, already owns the south parcel that makes up half of this property,
and that property under its existing zoning is permitted to be developed as a matter of
right with 70 units. And that was certainly the plan for Mr. Cutler to develop that
property until the north parcel became available. The issue with that development with
70 units on that property, because of its size, is that very much is an urban development
project, where you have 70 units that are all studios and one-bedroom units and it is not
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nearly as well of a design project that is sensitive to the surrounding neighbors in terms of
protecting their views and it certainly is not consistent with the type of high quality
development that you expect to see in Fountain Hills.
And so when Mr. Cutler approached us and asked if we could help him with the
rezoning application so that he could build a better development project with 80 units
spread over both parcels, our answer was yes. That is exactly what rezoning is all about.
That is a rezoning application that improves the status quo.
The decision before the Council today is a choice between two options. The first
option is the option to maintain the status quo, and the second option is the option to
approve the rezoning application. And you'll see in my presentation exactly what those
two options entail.
The first option, to maintain the status quo and leave the existing zoning in place,
will result in an urban development with 70 units just on that south parcel. It will be
unable to protect the views of the adjacent neighbors on Mountainside Drive because
there's not room to move the buildings down the hill, so they'll need to sit up the hill. It
will have little open space and it can only have one driveway that will need to be located
towards the south end of Mountainside Drive, so all the traffic from the 70 units will
come in and out of that single driveway closer to the residences.
The alternative, the option two, which would be to approve this rezoning
application, results in a suburban development with 80 units over both parcels which are
much larger units. Rather than studios and one-bedrooms, they can now be one-
bedrooms, two-bedrooms and three-bedrooms, so, of course, is now targeting a different
demographic. It will significantly increase the open space. It will be able to preserve the
views of the neighboring homes because now we can drop the buildings down the hill
and orient them in a way where now the neighbors can see right over the top of the
buildings. And we can direct our traffic closer to Palisades and we can close off that
southern driveway to emergencies only, and this way we're not having traffic that's going
towards the homes. It's going over towards Palisades.
There is a notion by some of those in opposition, and you may hear some of that
tonight, that somehow if the Town Council were to deny this rezoning application, that
my client would go away. And this is not a situation where my client is under contract to
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purchase a property if the rezoning application is approved. He already owns the parcel
to the south. And while he prefers to build the development that we view as being much
better with 80 units, if the Town Council's decision today is that he should build the 70
units on the south parcel, that is certainly what he will build.
So to go through my presentation, you can see -- we all know where the property
is. It's located at the southeast corner of Mountainside Drive and Palisades Boulevard,
and I know you'll know this area well and it, of course, slopes to the east. But it also
follows a very common land use and zoning pattern, where at your corner of your major
intersections, you have your commercial land uses with commercial zoning. Then as you
move up the hill, you have multi-family residences. Directly to our east, we have the
Four Peak condominiums, and then as you move past our property to the west, then again
up the hill, past Mountainside Drive, you have your single-family homes. And so this
property very much is part of that land use transition, where it sits in the pocket where
you have multi-family residences that then provides a transition to your single-family
homes.
Here's a closer-up image of the property, and as Farhad explained, it's just over
six acres in size and it's currently split into two parcels. There's a parcel to the south
which is the R-4 piece and then there's a parcel to the north which is the R1-10 piece.
You can't see it too well on this slide, but as I mentioned this property
significantly slopes to the east. In fact, there is a 60-foot drop from Mountainside Drive
down to the edge of our property to the east. That is a very significant drop. But one of
the benefits of approving our rezoning application, again option two, is it allows us to
design a development that utilizes that slope so we can move the buildings down that hill,
tuck them into the hill, and then preserve the views of the neighboring homes that are on
Mountainside Drive there.
So again, as I mentioned, property to the south is zoned R-4. This is the piece that
my client, Mr. Cutler, already owns. And you can see in that table that's at the top there,
under the existing zoning, the Town of Fountain Hills zoning ordinance permits 70 units
to be developed there as a matter of right. And because it's a matter of right, that could
be done without any public input. Without any approval from the Town Council, he
could start building it.
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But if he were to build that development, here's what it would look like. As I
mentioned, it's a very urban project. You can see that the three buildings with the 70
units would all need to be located just on the south parcel. And there's a couple of
reasons why this is really not a great development that certainly doesn't fit within the
character of the community or the high quality development that you see in Fountain
Hills.
The first is, again, the size of the units. All these units need to be studios and one-
bedrooms. This site plan shows 40 studios and 30 one-bedrooms.
There's also minimal open space on this site plan. In terms of protecting the
views, because of the site constraints, this property faces the buildings need to be pushed
up right along Mountainside Drive and placed parallel to Mountainside Drive, which
means that the neighbors that are just across the street on Mountainside Drive are looking
right at a 30-foot tall building, which significantly impacts the views.
The other thing, as I mentioned on the introduction, you can see because we don't
have a lot of frontage along Mountainside Drive, we can only have the one entrance and
it has to be located towards the south end of Mountainside Drive where you have the
homes that are across from it. And so all the traffic from the 70 units now needs to be
directed towards these homes, rather than towards Palisades.
This site plan that you see in front of you, this represents the status quo. This is
the option that if the rezoning application is not approved today, this is what will need to
be built here.
So instead, the reason why we're here is to propose a much better development.
And that's through a rezoning application that would allow us to develop a project that
incorporates this property to the north. And by doing this, we've now been able to double
the size of the property from just over three acres to just over six acres, and we're
proposing to develop it with 80 units, so doubling the size of the property for only ten
additional units.
And if you do that, that allows us to develop this project. And this is a project
with four buildings, 80 units spread out over both parcels, and you can see that it is far
superior to the development of just developing that parcel to the south for a number of
reasons.
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The first is the quality of the units. These are much larger units that are a mix of
one-bedrooms, two-bedrooms, and three-bedrooms, so again targets a different
demographic than the property -- or the development that would be by right to the south.
It also has significantly more open space. You can see at the table there that the
open space for this development is 66 percent. That is by far and away the most open
space that I have ever been a part of in a rezoning case for any development anywhere.
And that says something about this development.
The other thing is preserving views. One of the problems with developing just
that south parcel, as I mentioned, is that you have the buildings really close to
Mountainside Drive. So you have a 30-foot building that is blocking the neighbors'
views. Here we're able to orient and angle the buildings away from Mountainside Drive,
move them down the hill so that now the neighbors' views are protected.
And then with respect to traffic, you can see that now we're able to provide a
second driveway and have it -- that's located further north, right along Palisades. And
what we are proposing to do is to close off that southern driveway, so it can only be used
now for emergencies and for solid waste collection, and you'll see that in the stipulations
that are in your staff report, which I'll cover in a minute here. And this way, our only
entrance and exit for the residents will be through that northern driveway, which is now
directing all the traffic towards Palisades, away from the homes that are to the south
there.
To give you a sense of a visual of what this project will look like and how it is a
superior development from the status quo and leaving the existing zoning in place, we
had these 3D site line renderings prepared. And these 3D site line renderings prepared
show, in particular, how it is that we are protecting the neighbors' views.
And so this particular rendering that's on the screen here, this was taken with
flying a drone over the property and it shows a site line perspective if you're five feet tall,
standing right at the property with the home that's located right on Ponderosa and
Mountainside Drive. And this image is looking at the south parcel, the one that's
currently zoned R-4 today. And you can see on the righthand side of your screen is
Building 1 and then on the lefthand side of your screen is Building 2. And you can see
that because of the way that we've been able to orient these buildings, because we can
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now spread it out and drop it down the hill, the neighbors can see right over the top of the
buildings, which is significantly protecting their views, compared to having a building
that's right up against Mountainside blocking your views.
This next one is that same perspective, if you're standing right on that property,
but instead now you're turning your head a little bit to the right looking at the Four Peaks
condominiums, and that building that you see there is Building number 1 there.
And you can that again, you can see right over the top of the building, but the
other thing that you see is that the way that this project is able to design with this
rezoning application, is that it is actually shorter in height than some of the Four Peaks
condominiums buildings that are located behind us. And so this is a lot of the effort that
we've put into it to make sure that we're preserving the views and again is one of the
benefits of choosing the option to approve the rezoning case.
This last 3D site line rendering is looking at the parcel to the north, and this would
be if you were standing right in front of the home that is located at Tumbleweed Drive
and Mountainside Drive if you're five feet tall. And so you can see to the righthand side
of your screen there, that is a portion of Building 2, and then on the lefthand side of your
screen is Building number 3. We of course have a Building 4, but you can't see that
building because it's pushed so far down the hill that it's actually hidden by Building 3.
As I mentioned, this has a significant slope and this development project is able to
use that slope to design a development that now respects the neighboring views and you
can see how we've done that here. You can see right over the top of the building.
This design and this development that you see in these renderings is only possible
if you approve the rezoning application. If you have the status quo, that remains in place
and you leave the existing zoning, this development here cannot be done.
But a better design and one that you're seeing here is not the only benefit of
approving this rezoning application. Approving this rezoning application also includes
stipulations that are in a sense concessions in exchange for approving the rezoning
application that do a number of things.
They first ensure that the development that is being developed is consistent with
what we've shown in that site plan and in those renderings, but also they provide
solutions to some of the existing safety concerns that we heard in the area and in
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particular, the safety concerns at the intersection of Palisades and Mountainside Drive.
And so you saw all these stipulations in your staff report. These would be
approved alongside the rezoning application if that was the Town Council's decision, and
I'll just go through them very, very briefly.
So stipulation number 1 requires the development to be in general conformance
with the site plan that we've included in our application, and you'll see subsets A through
E point to specific design features that need to be complied with, such as the orientation
of the buildings away from Mountainside Drive and how far they are from Mountainside
Drive.
Stipulation number 2 requires the development to be in general conformance with
the elevations that we've provided, and then subsections A through C point to specific
design features that need to be complied with, including one specific feature that there
can't be any mechanical equipment on the rooftop, and that's in order to keep that flat
roof. You saw on these 3D renderings that there's no mechanical equipment on top of
those roofs, and the reason that we've done that is because we want to be respectful of the
neighboring property owners' views so they can continue to see over them, and this
stipulation requires that.
Stipulation 3 requires the development to provide a minimum of 60 percent open
space, 4 limits the maximum number of dwelling units on the entire property to 80, and
then stipulation number 5, 6, 7, 8 are examples of how this development can be a solution
to some of the existing problems.
So 5 requires our gated entrance or that southern driveway to be restricted to
emergencies only and solid waste collection so we don't have residents that have traffic
directed towards the homes that are further down Mountainside.
Stipulation 6 addresses parking on Mountainside Drive by requiring the developer
to work with the Town Engineer on improvements such as no parking signs or striping to
prevent parking on Mountainside.
Stipulation 7 requires the developer to enforce no parking restrictions on
Mountainside Drive, which would be in the form of the lease with the residents so they
wouldn't be permitted to park on Mountainside Drive.
And then Stipulation 8 requires the improvements to the intersection at
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Mountainside Drive and Palisades. And I want to cover that because one of the things
that we heard a lot throughout this process and one of the concerns was that this
intersection is currently a dangerous condition, that it can be very dangerous to make that
left there and there's traffic on Palisades.
And so that stipulation, Stipulation number 8, requires us to install improvements
to address that condition, and here is an exhibit that -- our development team and the
Town Engineer worked together in order to develop this exhibit. And essentially what it
does is from our northern driveway to Palisades, it converts Mountainside Drive into
three lanes. So now the easternmost lane will be a dedicated right turn lane, so that if
you're looking to go southbound on Palisades you have your own dedicated right turn
lane to do that. The middle lane there will be a dedicated left turn lane and so that way if
you're looking to make a left, you're not blocking those that are just wanting to make a
right.
And currently one of the reasons why that intersection can be so dangerous is that
you're competing with two ways of traffic. You have to compete with people that are
traveling south down on Palisades and also traveling north.
Another thing we're doing that you can see is that median there, we will be
improving the median and creating a refuge lane. And so that way, you can now only
compete with one way of traffic. You can make your lefthand turn, get into the refuge
lane, and then make your way over and merging over into Palisades.
And then the last one is, of course, the southbound lane. That's that westernmost
lane and that's for people from Palisades turning into Mountainside Drive.
And the very last feature I want to point out is, you can see that one of the
concerns that we heard was if people are turning into our driveway that's nearer towards
Palisades, will they be blocking cars that are making that turn into Mountainside Drive?
And to address that what we've done is you can see we've created a dedicated left
turn lane, so that if you're turning, making a left into the project, you can get into that
lane. You're not blocking anyone so they can continue to go by you, and then turn into
that project.
These traffic improvements and all the other stipulations that I mentioned, all the
other seven, they only exist in the option where this rezoning application is approved. If
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the status quo remains and the property is built with the 70 units, which is allowed today,
none of these stipulations apply. So these are additional benefits in the form of developer
concessions to design a much better development that improves the status quo.
One of the things that's important with any rezoning case is neighborhood
outreach and there are several reasons why you do this, but first and foremost, it's so that
you can hear the comments and concerns and work on designing a development that is
ultimately a better fit for the community.
And we certainly did that here, and there's been a tremendous amount of outreach
on this project and this slide highlights that outreach. You can see on the lefthand chart
there that throughout this process the outreach team on this project knocked on over 800
doors and they made contact with just over 400 homeowners. And each time that contact
is made, they provide a full presentation and the meeting has lasted on average just over
40 minutes. So when you take 40 minutes and multiply that out over nearly 400 homes,
that is a tremendous amount of hours that has been spent on this development project, but
we viewed it as a very important piece to make sure that we are improving the status quo
and respecting the concerns of all the neighbors in the area.
And then the righthand side of screen highlights the results of the outreach from
our outreach team. You can see that we received 77 letters of support. Those were
residents that met with the outreach team and after hearing the presentation and having
their questions answered, signed a letter of support and those were included in the case
file. We also had 65 that expressed verbal support, but for one reason or another did not
want to include a letter of support that would be made part of the public record. And then
we had a very large contingent that was the neutral component. There was 155 that
expressed to us they didn't have questions, they didn't have concerns, they were neither
supportive or neither opposed, and that made up a very big part of it.
But of course, and you can see in the red there, our outreach team certainly ran
into opposition. In fact, there were 63 of them that after the presentation was made, they
told us that they were opposed to the project.
But our outreach team doesn't just hear that someone is opposed and then leave.
What they do is they listen to the concerns of all those who are opposed, and we do that
because as I mentioned that is what allows us to design a much better development. And
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in fact, that is where all these stipulations came from. They came from hearing the
concerns of the neighbors about traffic further down Mountainside Drive, about views,
about safety at the intersection. And this is why the stipulations were negotiated with
staff and proposed to staff as a way to address those concerns.
The outreach wasn't just solely with the neighbors. We also presented this
application to the Fountain Hills Chamber of Commerce and you can see that there was a
support letter. The Fountain Hills Chamber of Commerce's Board unanimously voted to
support the project and included a support letter that we provided in the case file and this
is just a copy of that support letter, in which they indicate that this will be a better
designed development as a result of the rezoning change and then also on a broader level
will benefit the Town of Fountain Hills.
Beyond that, we also have support as I had mentioned from your Planning
Department, as well as your Planning Commission, and these are significant. And before
I conclude, I really want to emphasize the Planning Commission's recommendation
because they spent a lot of time reviewing this application. In fact, we had two public
hearings in front of the Planning Commission. Each one lasted over two hours. And I'll
be honest, the first time that we presented this case to the Planning Commission, they
were not ready to approve it. They had some questions and concerns about the design of
the project and asked us to go back and work on ways that we could design the project in
a way that they could support.
And we certainly did that. We changed the orientation of the buildings. We
dropped them down further for the buildings to the north so that we could preserve the
views of the home.
And ultimately, as Farhad mentioned, the Planning Commission recommended
approval by a 5 to 2 vote. And your Planning Department did the exact same thing. Staff
has spent a lot of time with us to review this application and they have also recommended
approval.
So ultimately, as I said in the introduction, the decision today before the Council
is a choice between the two options. It's a choice to leave the status quo in place, which
means a more urban development with 70 units on the south parcel that can be built with
studios and one-bedrooms that will block the views of the neighbors because there's no
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way to orient them and move them further down the hill because there's simply not room.
It will mean more traffic that's further down Mountainside Drive because we can only
have that one driveway to the south there and it's less open space.
Whereas as the option, option two that is in front of the Council, the rezoning
application as you saw in the presentation addresses those things. It results in preserving
the neighbors' views. It's a suburban project now with much larger units, a mix of one-
bedroom, two-bedrooms, and three-bedrooms. And on top of that much better design, it
also includes improvement to issues today like to that intersection that are legitimate
safety concerns.
And so that's what's in front of the Town Council today. For us, it was a very
easy decision, and I hope it is as well for the Town Council.
So with that, we respectfully request your approval of this rezoning application,
and I'm happy to answer any questions you may have.
MAYOR DICKEY: Thank you.
Do we want to have questions or do you want to hear from the public first?
(Indiscernible) go to speaker cards? Unless you have a specific -- okay, thank
you. Let's start with that.
MENDENHALL: Okay. Speaker cards --
MAYOR DICKEY: Want to do the on deck again, or --
KALIVIANAKIS: Yeah, the speaker cards.
MENDENHALL: Okay. I just noticed someone was coming up to speak. Is he one of
the applicants or the owner?
MAYOR DICKEY: Are we ready for a public comment? Are you guys ready? Okay.
Well, let's do that.
MENDENHALL: All right. So we're going to start first with the written comments in
your packet 9D.
We have one from Faryl Palles and I'm probably saying it wrong, but she's not
here. But she's against it and she wrote a long statement of why she's against it.
We have Linda Farra, doesn't wish to speak, but is commenting in writing that
she's against it.
Renee and Dennis Martyka. Hopefully, I said that right. They're commenting in
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writing that they're against the project.
Dusty Harwell is commenting in writing that he's against the project and if passed
there will be a referendum, just letting people know.
And then we have the people who are here who would like to speak. And we're
going to do the same thing as we did before, so first is Gretchen Boyer and then on deck
is David Boyer.
BOYER: Mayor Dickey, members of the Council.
First, I'd like to thank you for giving us the opportunity to state our case. The
attorney for the developer --
MAYOR DICKEY: Speak louder, please. They said they can't hear you.
BOYER: Oh. The attorney for the developer does an excellent job at stating his case.
But his case is not our case.
And I'm going to start with what's most important to me as a fairly new resident
of Fountain Hills and we're about three-and-a-half years into living here. And when we
chose to come here, we chose because of what's important to this community, having our
natural resources close at hand, having bobcats visit us and the animals and the natural
environment. When we bought our property, and we are the home right across from that
south driveway that's going to get all of the about 160 vehicles if there's two, three, four-
bedroom apartments there, the lights into our backyard which will basically eliminate our
dark city status which we dearly enjoy. We bought the home based on the fact that it was
zoned residential. Three and a quarter acres about, average home a third acre, maybe.
Three times three, nine homes versus 80 units. A big difference. Would you like to have
those units behind you? Or across the street from where you live? And they're rental.
They're not even condos. They're rental. That means we're going to have a continuous
flow of new people in and out of those apartments.
I just find it unacceptable and we made a huge investment. We've made that
home to our liking to meet our needs. We plan on living there until the day we die or get
moved out to go to a nursing care center. And the developer wants you to change it to
develop it.
Let's remember, what do developers do? They're a business. They want to make
money, you know? They aren't doing this out of any altruistic manner. They want to
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make money.
I want to live a healthy lifestyle that all of my neighbors have wanted when they
purchased the land. I --
MAYOR DICKEY: (Indiscernible).
BOYER: That's it?
MAYOR DICKEY: Yes.
BOYER: Oh, sorry. Thank you.
MENDENHALL: And then next on deck is Liz Gildersleeve.
BOYER: (Indiscernible).
MENDENHALL: After you. You're up and then Liz, Dave.
BOYER: Oh, I'm up now?
MENDENHALL: Yes.
BOYER: Oh, thank you.
Good evening, Mayor, Vice Mayor, and Council. I've had an opportunity to meet
quite a few of you through this process of this zoning issue and my approach today will
be a little bit different than maybe some.
I did a little research on this company, Senderos. They have another
development, by the way, in South Mountain and on Yelp I discovered quite a few
reviews of those living conditions in that particular development and they're not very
positive. So I do want to share those with you because they could extend into ours here
as well.
Again, I have a couple I want to read specifically. One said here, I had so many
issues with this place from day one. My AC didn't work on the move-in date. I could not
even stay there for two days. I didn't get any compensation or updates. I had to keep
calling. The front gate was broken. I called the emergency number to try to get some
results and nobody answered on Saturday and it continued with the same situation on
Monday, no return calls. I had no cold water in the master shower. They came and fixed
it, and then I had no hot water. I'm not going to again attest to the quality of the
plumbing situation here, but it wasn't resolved.
She says here, the dishwasher needs both the hot and cold water. It went on for
over seven days. I have to constantly reach out for updates on services and air filters.
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This place is amazing to move here.
And that was, of course, derogatory.
Another person, her name is Tracy (ph.), and she responded she works for this
company, basically offering an apology but didn't look like too many physical results.
One individual said the issues from the neighbors in this complex are negligible at
this point. However, they have had my previous extremely detailed review removed by
the way from the site.
And I'm not going to go into the neighborhood. They had some issues with
police, et cetera, which may not be relative to here. But what was disappointing, she had
a neighbor throw things such as feces and other types of things on her door. She called
maintenance and they came out. On the back side of the apartment there were a bunch
of, you know, animal-type of diaper pads and stuff like that and she asked them to clean
up and they said there's not an issue. So there was no response to that.
So these are just a couple of examples of the management mentality and the
process with this corporation. I hope we don't see it here.
I'd prefer them maybe to develop 40 to 45 units on the top of that hill. Why is it
mandated they have to go 70? I know money's involved. I'd love to see them develop
probably ten units of residential homes right across the street from us.
All that traffic, 160 cars plus guests will come out directly at our bedroom
window as they depart towards the intersection.
And the last point on the intersection, if they believe some striping is going to
solve that problem they're badly mistaken, because when we leave there we follow that
pattern anyway. You have no choice. You have a right, you've got a left, and you have
an egress right of the lefthand turn coming off of Palisades. We practice this now and it's
extremely dangerous.
Hopefully, I didn't -- I did pretty good, didn't I?
Anyway, thank you for your time --
MAYOR DICKEY: Thank you.
BOYER: -- and again, consider the long-term results of this.
Thank you.
GILDERSLEEVE: Good evening. Liz Gildersleeve, Fountain Hills resident and
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registered voter.
I am here tonight to ask this entire Council to honor the single-family zoning
promised to residents on the church parcel at Mountainside and Palisades as it's been for
decades. Changing it now in an established neighborhood would really be
unconscionable.
We've watched for six months as this developer has pulled out all the stops.
They've met and lobbied with some of you privately. The developer has also visited all
the businesses in our area and other outlying properties, trying to drum up support for
their rezone request when they realized they weren't going to get that support from the
homeowners in Lost Hills who would be directly impacted by the increased density and
traffic, especially on Mountainside where you once lived, Mayor Dickey.
History shows that when you were a councilmember years ago and increased
traffic would've directly impacted your home, you voted against allowing vehicle access
to the Fountain Hills Boulevard condos and apartments that butt up to Mountainside.
Hopefully, you can still emphasize with your former neighborhood tonight.
And I understand that two of the five businesses who submitted support letters for
the rezone have already withdrawn their support, as one of the businesses said that they
were misled by this developer.
Being the great neighbor they claimed they'd be, this developer has repeatedly
threatened the Lost Hills neighborhood, just like they did a few minutes ago, they could
still build 70 units on the small parcel they currently own which is adjacent to the church
parcel, even though the original MCO listing for the sale of this parcel two years ago and
which the developer apparently responded to touted a maximum of 30 units. Given the
terrain, the washes, and our own building codes and height restrictions, 70 seems
unlikely. And make no mistake, we will be monitoring our Development Services staff
very closely on this, should this 70-unit fantasy ever break ground.
Bottom line, this developer wouldn't be making such an effort to bamboozle our
town if they knew they needed that church parcel to make their project profitable.
Put residents first, as most of you campaigned that you would. We expect you to
uphold the current single-family zoning promise to residents and vote no tonight on this
rezone request.
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Thank you.
[Applause]
MAYOR DICKEY: Stop that, please. No applause and I appreciate if you would be
civil when you talk. Some people are here, they make a living -- they're here. They are
developers and they're presenting their case and now you're presenting yours, and let's be
civil about it and not say some people are threatening or doing anything like that. That's
not what's happening. It's a request and we're hearing it.
Who's next, please?
MENDENHALL: Next, we have Doreen DeLucia and then on deck is Joe DeLucia.
Hopefully, I said your name correctly.
DELUCIA: Good evening. As you know, I live on the corner of Mountainside and
Tumbleweed. We are directly across the street from the church property.
This is very -- people say don't let your emotions get in this. But it is emotional.
It's emotional because when we purchased our home 24 years ago, we purchased that our
neighborhood was going to be what it was sold to us.
R-10 is across the street. We've always known that up the hill there was a lot that
was for sale. We've always known that it was R-4, but we have always known that it
could be built up to 20, 30 units.
Now, he says by right, and by right when you compute a piece of property that's
flat, that's 3.2 acres, without so many restrictions they might be able to put 70 units. By
right, that lot across the street from our house needs to stay R-10. By right, that is what
the town was promising us and our neighborhood when we bought into this
neighborhood. It shouldn't be at the expense of our neighborhood for a developer who
purchased a piece of property that he knew what he was up against; the hill, the 60-foot
incline, the decline, the drainage, the wash, and all of the requirements that the Town of
Fountain Hills has above and beyond Maricopa County.
Fountain Hills is a special place and we all bought here as a choice. We all
moved here as a choice. We all can choose to live wherever we want. And the Town of
Fountain Hills is a different place. If we wanted to have the hustle and bustle and the
density and the traffic, we would choose to live somewhere else other than Fountain
Hills. We could live in Scottsdale where there's all the hustle and bustle. We have to
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honor what it is that the town was supposed to be. We have to honor the residents that
bought in the neighborhood and in this town. We have to keep the zoning what it is.
You all bought here. You all moved here for a specific reason and it's to enjoy
what Fountain Hills has to offer; a small town, the views, and we just have to remember
and respect the residents, the town, and what we're supposed to be.
Thank you.
DELUCIA: Good evening, Mayor Dickey and Vice Mayor McMahon and Town
Council. My name's Joe DeLucia. I agree with everything that my wife just said, as I
should.
But you know, I moved out here in 1977, okay? So I've been living out here a
very long time and I've seen this town grow. And I love it, okay? I'm not saying that I'm
not pro-growth, okay? We just want the town to keep the promise that you guys made to
the people. Okay? Keep the zone the way it is and let these guys figure out what they
can do.
Do they have engineering on that property yet to know that they can put 70 units?
I don't know. Did anyone ask that of the town? I'm not sure. Okay? So I don't know
where they're thinking that they can do that.
I'm opposed to this and I'm a little nervous right now, so I think that's all I'm
going to say.
MENDENHALL: Next, we have Linda Kavanagh and on deck Gale Evans.
KAVANAGH: Good evening. I'm Linda Kavanagh. I've been a resident of Fountain
Hills for 30 years.
Mayor, Vice Mayor, and Council, you've had a lot of information thrown at you
over the last few months. So has the neighbors and so have many of the local stores
concerning this development. Sometimes it gets confusing. You've heard the expression,
to muddy the waters? That's defined as to confuse or obscure a situation by introducing
irrelevant facts or irrelevant information.
So for my three minutes, I'd just like to lay out some of the facts, including the
irrelevant ones. The developer bought a piece of property that was multi-family, that on
a real estate listing it clearly stated that possibly 30 units could be built there.
Now, we all know that at times real estate agents have a tendency to exaggerate in
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order to sell a property. How many of us have ever met a real estate agent to under-
exaggerate a property? It doesn't happen.
So now we have the magic number of 30. The neighborhood wanted to confirm
this in some way, so we contacted a former planner, one who planned a great deal of this
town in the early days and is very familiar with the zoning regulations and the
topography of that multi-family lot. We paid him nothing. He did this as a favor to the
neighborhood. After looking at this multi-family lot, his conclusion was if the town
abides by all of its own zoning regulations for the multi-family lot, he didn't even think
that 30 was possible.
Please remember that this developer went into this with his eyes open, knowing
when he purchased it that he could possibly put 30 units on that lot. But he wants more.
He wants 80. So how is he going to get 80?
He knows the church lot is zoned residential and if he can change that to multi-
family, then he can have 80. How does he do that? How is he going to convince the
neighbors that this is better for them? How is he going to convince you that this zoning
change from residential to multi-family is somehow in the best interests of Fountain
Hills? How does he do it?
At a private meeting with us and Councilwoman Brenda, the developer said he
just wanted to make it nice for the neighbors, that's why he wants this other lot. He can
spread it out and have a lot more open space. Otherwise, he said to us, he's going to cram
70 units onto his multi-family lot and it's going to look horrible.
By the way, that's muddying the waters.
All this has nothing to do with what he claims he can do on his multi-family lot.
It has nothing to do with whether he can put 30, 70, or a hundred units crammed on that
lot, which is going to be horrible. Because in the end, it's just about the rezone from
residential to multi-family in our residential neighborhood. That's why the neighbors and
many other people in other parts of town who fear that a rezoning here could mean a
rezoning in their neighborhoods are asking you as representatives to support us and just
say no.
Thank you.
EVANS: Hello, councilmembers and the Mayor, my name is Gale Evans. I live on
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Palisades, straight across from the development.
As I look out the door every day, I see traffic going by. What bothers me more
now, even tonight, is the fact that nobody has mentioned the entirety of residents, all
single-family, from the corner of Fountain Hills Boulevard to the high school, okay?
They're all lined up. We can't even get out of our driveways now.
The headlights coming off of Mountainview are directly into my neighbors' and
my house, directly into the bedrooms. Okay? That's bad enough, just as it is. But the
traffic problem is right there at that corner, and if they are limiting it to one driveway
coming out of that new development to Palisades, it's going to be a nightmare. It just is,
because I've invited several people to come and sit one hour on the front porch of my lot
and watch, and nobody has.
Because the developers come in, they develop, they're gone. The builders come
in, they get it done. Just like Havenly. They did it, they got almost 90 percent
occupancy. They turned around and sold the whole thing. So now we've got new owners
and we have new rules there.
It's bad enough right there by the post office. All right, we're sitting across the
street. Nobody has mentioned the people on Palisades, which is still single-family
residences. And none of us, none of us, from all the way to the high school is for this.
Nothing.
That's basically all I have to say, because it really changed my mind from a lot of
other things. But the traffic is insane, too, so it's going to be worse, especially with one
driveway.
Thank you.
MENDENHALL: Okay. Next, we have Senator John Kavanagh and on deck, I can't
read your last name, but it looks like Rick Sugg.
KAVANAGH: Thank you. Thank you, Mayor and Council. And let me preface my
remarks by saying like Joe, I agree with everything that my wife said, as I should.
I am state senator John Kavanagh. My family lived here since 1993 in the Lost
Hills neighborhood, about a block and a half from this development, and I also served six
years on this Town Council until I was demoted to the legislature where I've been for the
last 17 years.
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Zoning is a sacred trust. Zoning represents an agreement that defines and
maintains the character of a community. Zoning is used by people to make the biggest
investment of their life, the purchase of their home. They choose an area because that's
what they like. It could be urban. It could be large rural lots. It could be somewhere in
between. But you buy your lot because that's the way you want to spend your life. It's a
big decision. And because of that, zoning is important because zoning also preserves the
character of that community, so that the investment is the way that they made it to begin
with.
Zoning should only be changed for very important reasons and zoning should
only be changed when there is overwhelming support for the change by the community.
In this case, there is no overwhelming reason, important reason to change this zoning and
this is not overwhelmingly supported by the community. This change is overwhelmingly
opposed by the community.
I have been in the legislature for 17 years. During that time, I have spent a lot of
energy to protect zoning. I was one of the few senators to oppose the short-term rental
fiasco, which overturns local zoning and allows people to have hotels in residential
neighborhoods. Decentralized, spread out hotels. That's a violation of zoning and it had
horrible consequences.
More recently, for the last two years I've been battling an attempt by one senator
to overturn local zoning and allow people to cram many, many more units into a
residential zone or build very much taller buildings or apartments. So far, we've been
able to fend off that fight.
What I'm asking you here today is to join me in the fight to preserve local zoning
by voting this down.
Thank you.
SUGG: Good evening. Madam Mayor, Councilmembers, my name is Rick Sugg and we
are at 16050 East Ponderosa and I have served as a public servant. I did for almost 15
years as a planner and that was in northern Nevada. So I have a little bit of idea of what
you're going through right now. It's not ever fun, but we are against this also.
The Planning Commission asked for a traffic study, or the Planning and Zoning
Commission. It was never done. When the developer came back, they brought a traffic
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engineer who just came up and said you know, we drove the road and we looked at it, and
walked off. They didn't -- we think this might be what it is, but there was no study.
I agree with the senator a hundred percent. General and master plans are very
important and I think they're sacred and there has to be an extraordinary event in your
master plan in order to change zoning. So if you go back and read that, it will tell you
that.
Striping. Striping won't work at that intersection. It's going to have to be
widened if this goes through and there should be like a right turn only exit out of that
property if it does go through. Otherwise, everybody's going to turn left and distribute
themselves through the neighborhoods. And if that happens, there needs to be traffic
control in the neighborhoods. I know the senator doesn't support that, but I would -- I
don't mind a speed bump right in front of my house. It's fine.
Let me see. The pie charts were pretty. They brought in nice little maps with all
these people that were supposedly in favor of this when they represented to the Planning
Commission, or Planning and Zoning Commission. And ours was shown as neutral, and
many other people were shown as neutral and in favor. And what we heard from the
people those nights was that's not true; we are not in favor. So there has been
misrepresentation.
The Planning Commission did ask for a vertical curb along Mountainside to try
to -- in an attempt to keep people from parking out there. That hasn't been discussed.
And the other thing is, I just want to just go right back to how important it is to
support the people of the community and the promises made by the master plan and the
general plan.
Thank you.
MENDENHALL: Next, we have Betsy LaVoie and then on deck is April McCormick.
LAVOIE: Good evening, Mayor and Council. For the record, Betsy LaVoie, Fountain
Hills resident for 45 years and I represent the Fountain Hills Chamber of Commerce as
the CEO and President. I represent the Board of Directors tonight.
As the zoning attorney mentioned, the Fountain Hills Chamber of Commerce
Board of Directors did offer a letter of support. Because we rarely do so and because it's
difficult to obtain, I wanted to read it to you.
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To Mayor and Council, the Fountain Hills Chamber of Commerce Board of
Directors recently heard from Snell & Wilmer regarding rezoning application and
following a comprehensive and thoughtful presentation, the Board engaged in a lengthy
discussion about the project. Ultimately, the Board voted in favor of providing an official
letter of support for the rezoning.
The original rezoning -- I'm sorry, the original zoning was based on the idea that
our town would achieve a population of 77,000. The proposed rezoning aligns with
typical like for like rezoning with numerous multi-family complexes in close proximity to
the project. The rendering presented to the Board would result in a more visually
appealing final product and maintain the neighborhood's views. The Fountain Hills
Chamber of Commerce believes that approving the rezoning application for Senderos at
Fountain Hills would provide more housing and increase our community's population,
which has remained stagnant for more than two decades.
I'll just repeat that. Our population has remained stagnant for more than two
decades.
Our town's commercial vitality will not experience significant improvement
without allowing our population to reach its full potential of 37,000 to 38,000, which is
less than half of the population that original zoning was planned for.
And I do just want to share -- our scope of work at the Chamber of Commerce is
commerce, right? We are only going to offer a letter of support as it pertains to
commerce. By advocating for the necessary zoning changes, we hope to contribute to
creating an environment that allows our town to expand and thrive. The voice and
perspective of our business community is crucial in demonstrating the positive impact
that such growth can have on our community.
And I just want to thank you for your consideration. Let's continue to foster the
growth and development of our community and since your staff, your Planning and
Zoning Commission, and your Chamber of Commerce have recommended approval, we
hope you do, too.
MCCORMICK: Hello, again.
So I'm kind of in shock at what I've heard from the developer's lawyer this
evening.
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I was on a planning commission for a 500-square-mile county. My husband and I
have been in commercial and residential construction for 30 years. We've built roads to
state standards, (indiscernible) main sewer, graded golf courses, you name it.
The way they're coming up with 70 lots is they're simply taking the number of
acreage that they currently have, they're multiplying that by 43,560 square feet per acre,
and then they're dividing the minimum lot size allowed under their current zoning, and
that's how they're coming up with 70 units. I would bet a large amount of money they
have not taken out the impervious surface spaces in their calculation, which are the
parking lot, the roadways, and the sidewalks. Once you take out the square feet for all
your impervious surface areas and your sensitive areas, drain buffers, what have you, it's
probably what everyone else is saying, under 30 lots.
The last gentleman that spoke, he was very on the money. How in the -- how has
the traffic study not been required with this number of homes? It is beyond all
comprehension. In fact, that traffic study should be done when the snowbirds come back.
And that study will tell you exactly how many cars are going up and down Palisades
every day, how many are going on Mountainside, and how many are cutting up through
Tumbleweed down to Lost Hills and getting out that way, because that first Mountainside
and Palisades intersection's horrible.
My grandson is in Lost Hills. We moved to Lost Hills to be closer to him. I walk
that area every single day with a baby in a stroller. Those intersections of Tumbleweed
and Lost Hills -- it is a blind intersection. I'm scared every single day I have to turn left
there.
Mountainside is nothing but a wildlife preserve. I would bet a large amount of
money that if they're required, which they should be, to do an environmental assessment,
you'll find an endangered species there where they would not be allowed to do what they
want to do.
I think a traffic study would dictate and I've done traffic studies for an 882-lot
subdivision and 27-hole golf course. A competent independent traffic study would
dictate stoplights and a turning lane at both Mountainside and Palisades, and Lost Hills
and Tumbleweed, period. So you need much more information. And you can demand a
traffic study. This needs to be tabled. They need to produce an independent traffic study.
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They need to do a phase one environmental assessment. They need to find out if they
have any sensitive endangered species on that property, because I have to stop every day
for a quail crossing. I mean, I was protecting a bunch of baby quail from even crossing
with the stroller the other day (indiscernible) going to get hit by cars. There's coyotes
(indiscernible) there's every wildlife you can imagine in that parcel.
Thank you.
MENDENHALL: And then next we have Barry Wolborsky and on deck is Crystal
Cavanaugh.
WOLBORSKY: Good evening, Council, Mayor.
I'm Barry Wolborsky, as you all know, and I am the Chairman of the Lesser
Fountain Hills Committee and as far as I know the only member. And I am delighted to
hear that the population is not growing. That was the best news I've heard tonight.
And Madam Mayor, you said that we shouldn't accuse them of threatening us, but
when somebody says if you don't let us rezone we're going to build this monstrosity
instead, what would you call that?
I would call it a threat.
And you know, I've only lived in Fountain Hills for four years, but I think I've
been an Arizona spirit my whole life, because I don't respond well to threats. Threats
don't encourage me. They discourage me, and I think they ought to discourage everyone
in this town.
You know, my wife has a friend that says, if you could live anywhere in the
world, anywhere you wanted to, what part of Fountain Hills would you live in? You
know?
I think that's true, you know? I love it here. I think this is as close to heaven as
God lets us be on earth.
And you know what? I don't think -- the one thing that they didn't talk about, the
lawyer from Phoenix didn't talk about, was how many square feet on the one lot versus
how many square feet on the other lot. I don't know, maybe he just forgot that.
The other thing he didn't talk about is, what's the rent roll for 70 one-bedroom
units or 70 studio units versus 80 multi-bedroom units? And I think that's probably
what's driving this development.
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I don't think that the developer is trying to make Fountain Hills a prettier town. I
don't think that's the main goal of this development, nor should it be. The main goal of
his development should be to make a profit for himself.
On the other hand, I don't think there's any reason, any driving reason, that this
Council should change the rules that all the people in that neighborhood bought houses to
believe in because somebody wants to make money.
That's all I got.
CAVANAUGH: Good evening, again.
Most all has been said. I was at both the Planning and Zoning meetings and I was
actually at the Town Council meeting where it was originally supposed to be presented
and at that time, I made a lot of comments which were similar to tonight's and I haven't
changed my mind. And it's clear that this rezoning would negatively impact this
neighborhood and not just that neighborhood, the surrounding areas. We're not that big.
I live in Sunridge Canyon. I drive by there every single day, every time. So it
impacts more than just Lost Hills, but in particular those neighbors.
But what I noticed tonight is that, just like in a courtroom -- and I got to tell you, I
might get you as an attorney sometime because you are very good. It's not that you're not
good.
But I did notice from the earlier presentations, if you have a court case but then
you have to go back to trial a different time, you learn from all the evidence you've heard.
And in the early meetings, a lot of the residents were like, let's take our chances. Don't
rezone this and let's just see. If they can't get 70, perhaps he won't build. If he can't get
50, perhaps he won't. I mean -- and he might still build, but they were ready to roll the
dice.
And I'm thinking the first thing they came out with tonight was, well, no matter
what, we're building. And I too perceived it as a little bit of a threat because it was if you
don't rezone, we're going to give you this ugly, big, urban blight.
Well, right away that contradicts all this good neighbor policy that I was hearing
earlier. It shows me a little bit about the character. That we can -- can we trust the rest of
the things that they said they would do? You know, blocking the pool and putting in this
and putting in that.
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So I'm against the rezone also for all the reasons listed. It could happen to any
one of us. There's no good reason to rezone this.
Thanks.
MENDENHALL: That's it for public comment on this item.
MAYOR DICKEY: Thank you so much.
I'm going to close the public hearing and then we can discuss.
So any discussion, questions?
Yes, Hannah?
TOTH: I did --
MAEROWITZ: Mayor, if I may --
MAYOR DICKEY: Oh, I'm sorry.
MAEROWITZ: -- could I have a rebuttal to the public comments?
MAYOR DICKEY: Let us go first and then -- he can --
MAEROWITZ: We don't get a rebuttal. (Indiscernible).
MAYOR DICKEY: Do you want me to recess? We'll be here all night.
You will have a chance. Let's just see what some of the Council has to say first.
MAEROWITZ: Thank you.
MAYOR DICKEY: Thank you.
GRZYBOWSKI: Well, I actually am ready to make a motion. I do have some questions.
Shall we start with my questions?
MAYOR DICKEY: Sure.
GRZYBOWSKI: Okay. I had made a note that I was going to start with John, but
Farhad, since you're the one that did the presentation I'll start my questions with you.
I think my questions are going to cover a lot of the notes that I made about -- as
you guys were talking about complaints or confusion. I'm not sure, but I tried to make
notes as you guys talked.
My first question for you, Farhad, is what -- as the town employee, what can the
applicant build on that southern lot that they already own? For example, what are the
restrictions, the height restrictions, the number of units, and the setbacks, period?
TAVASSOLI: Okay. Madam Mayor, Councilmember Grzybowski.
As you mentioned, the property is zoned for multi-family, but single-family
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would be allowed, as well as multi-family. A height limit of 30 feet. A setback from
Mountainside Drive required to be 30 or the height of the wall plane facing
Mountainside, whichever's going to be greater. And I'm not entirely certain, I have to
refer to the ordinance about the side setbacks, but as for the side facing the street, it's at
least a 30-foot setback or the height of the wall plane.
GRZYBOWSKI: Has the applicant in question submitted a site plan for the southern
property and just the one lot?
TAVASSOLI: Yes, they have submitted a tentative development plan should the
rezoning not pass.
GRZYBOWSKI: And it's probably 70 units?
TAVASSOLI: They've shown 70 units and from a zoning standpoint only we did a
cursory review and we've determined that it does have the potential for the 70 units that
they are proposing should the rezone not pass.
GRZYBOWSKI: It makes sense that they're not going to go to the extravagance that
they did for this particular presentation for that just yet.
TAVASSOLI: Right.
GRZYBOWSKI: If the applicant were to go just the one lot, the southern property, is
there a requirement for public hearings either through us or through our friends and P&Z?
TAVASSOLI: The answer is no.
GRZYBOWSKI: So if the applicant builds their 70-unit, 30-feet tall buildings on
Mountainside, is there any way to force them to agree to the stipulations that you guys
listed in the staff report for us, like preserving the views and the traffic mitigation?
TAVASSOLI: No.
GRZYBOWSKI: Just to reiterate, the current property will hold 70 units. We've seen a
drawing for it that looks tentatively like it's doable. They are requesting only an increase
of ten units by combining the two properties. Technically as it's zoned now, there could
be 13 units on the northern property. Granted, it's a steep slope. It would be a pain. It
would probably be very expensive, but technically, as I understand it, can it be 13 units?
TAVASSOLI: Only if topography was not a factor. But I must say, it would be
unrealistic to fit 13 units on that.
GRZYBOWSKI: I think I've heard five to seven is probably realistic, depending upon
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what we're going to sell -- the value of the home and the amount of money they want to
put into it.
One more question for you, I think.
All right, I got to read what I wrote because I typed this as they were talking.
Okay. So part of the traffic mitigation that I don't know -- that I thought we were
doing that I don't know that I picked up on in the writing, on the corner of Mountainside
and Palisades, specifically the southwest corner, I think I remember talking about we're
going to work with them to cut back the land a little bit, so it's an easier view if you're on
Mountainside to take a left onto Palisades? Or no?
TAVASSOLI: I am not aware of that particular discussion about --
GRZYBOWSKI: Okay. I --
TAVASSOLI: -- (indiscernible).
GRZYBOWSKI: -- maybe that was a conversation that I told them was on my wish list.
I'm not sure.
Okay. So that's all the questions that I have for you. I'd like to have the
developer come up, if I may.
Am I allowed to do that?
MAYOR DICKEY: Um-hum.
GRZYBOWSKI: Okay.
Please introduce yourself, since you haven't had a chance to come up yet.
CUTLER: Yeah. Mayor Dickey, Councilmember Grzybowski, councilmembers, my
name is Ron Cutler. I represent the development team for the proposed project for the
rezoning.
Whatever questions you have, we're prepared to answer.
GRZYBOWSKI: The first thing I want to do is thank you guys for contacting the entire
Council and allowing us the opportunity to meet with you after the P&Z meetings,
because there was great conversation that I saw on the recordings of the P&Z meetings,
but it gave -- it actually led to other questions that were easier to address with you, as we
did in our meetings that has been referred to as private council meetings. And I just
wanted to say to everyone that it was not. I received -- we all received the same email
from the company through our town email to suggest if you would like to meet with us,
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let us know. And I actually planned this meeting with their assistant through Angela,
through our assistant, so she worked on the details for us. So there was nothing private
happening.
We've already established that you own the southernmost property of the two
properties on Mountainside. There are people that I have personally spoken with that are
ready to call your bluff and yes, I said call your bluff. And that might be one of the
reasons why Mike was so insistent when he started out, because I have said a number of
times to you guys, call your bluff. I have used that term myself.
So there are a number of people that are ready to call your bluff on building on
the one piece of property that you own. If we vote no today on rezoning the other
property, is your plan to go forward with the one lot?
CUTLER: Councilmember, yes, that is definitely -- our plan is to develop -- we bought
the property with the intent of developing it. We did our own analysis. We didn't rely on
any MLS listings or realtor comments, but we did our own analysis of the lot and are
fully prepared to develop the one lot with the 70 units as we proposed and submitted
some preliminary plans to the Planning Department. The plan to add the additional land
came later, where we approached the church and entered into an agreement with them to
enhance our property by adding that additional land for the additional ten lots because it
would spread out the proposed development, make the units larger and I think make it a
better development for the community.
But the answer is yes.
GRZYBOWSKI: Okay.
CUTLER: We will be moving forward it.
GRZYBOWSKI: Okay. Continuing on that thought, let's say you lose today and we're
going to work with what you've got. We have a fabulous list of stipulations that you and
our Development Services Department have worked together. If we approve the zoning,
you will do this list of stuff that we've already seen that we could probably pull back up
again if the people wanted to see it.
If you build on the one lot, will you do those things for us still?
CUTLER: The answer to that, Councilmember, is no. We are limited by what we're able
to do on that single lot and we wouldn't be able to abide by those stipulations.
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GRZYBOWSKI: So back to just working with the one lot, the driveway for the one lot.
There will be one driveway -- sorry, I must steal this back from you.
There will be one driveway and it looks like it's going to be in pretty much
exactly the same spot that the southernmost driveway would be, if you got both lots,
correct?
CUTLER: Correct.
GRZYBOWSKI: So as I understand Mike's presentation, the southern driveway -- if it's
two lots, the southernmost driveway is intended to be for emergency use only. So as one
lot with the driveway in the same spot, we're talking in and out for everybody and the two
lots, the in and out would be at the northernmost driveway -- and I point like you guys
can see what I'm pointing at -- but the northernmost driveway with reserving the
southernmost driveway for the emergency use.
CUTLER: Correct.
GRZYBOWSKI: How many properties have you personally developed in Fountain
Hills?
CUTLER: In Fountain Hills, I've been involved with the development of three
properties, the largest of which was Thunder Ridge, which is Palisades and Avenue of the
Fountains, 81 townhome-style condominiums that were built there between '99 and
2002 -- 2001.
GRZYBOWSKI: One other question before I make some comments. Somebody talked
about reviews of another development that you built.
So my question as a tenant of another apartment -- whatever you want to call it --
the Havenly -- you as the developer, do you develop and manage? Or is there another
management organization?
CUTLER: Councilmember, yeah, we do have a professional management company. I
also heard the comments with respect to their Yelp reviews. I would point out also that
our community, Senderos at South Mountain, has Google reviews as well. A significant
number of Google reviews, and it's reviewed at a 4.7 out of 5 under the Google reviews.
And I would encourage all the Councilmembers to look at all the reviews, the positive
and the negative. I mean, every community will have negative reviews. It's actually a lot
easier to find a negative review on anything online than it is a positive review, so the fact
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that we have 4.7 on a Google review on average and if you look at the remarks and the
comments on those reviews, I think it speaks to the efforts that we put forth in, you know,
managing a really nice community, a well-managed community.
GRZYBOWSKI: Those are all the questions I have of you.
Like I say, I have some comments that I want to make. You want me to go ahead
and do that now, or do you want me to hold off for other questions?
MAYOR DICKEY: Does anybody have questions?
FRIEDEL: I do.
MAYOR DICKEY: Okay. Let's --
GRZYBOWSKI: And then I am ready to make a motion.
MAYOR DICKEY: Okay. Hannah had her thing on before.
TOTH: Thank you, Mayor.
I did have -- most of my questions aligned with Sharron's, actually, so I'm kind
of --
GRZYBOWSKI: Sorry.
TOTH: No, no, that's a good thing. One question I had regarding the traffic mitigation,
another concern that I had heard very, very often were the blind hills. And I say that as
plural because I was -- full disclosure, I did some homework yesterday. After work, I
went down Mountainside. I checked out the area. I went up the hill. I kind of like was
holding my phone while I went up the hill, so I could see in video format. But you
cannot see a car coming from the other side of the road when you're going up that blind
hill, I mean, at all, either of those hills. And yes, there's a stop sign there, but during the
half hour or so that I was actually outside looking at the road, I saw someone run that
stop sign. So I know that it happens, because I watched it yesterday.
My question is, is there anything with your traffic mitigation -- it looked to me as
though it was focused on that Palisades, Mountainside intersection. So is there anything
that I missed that deals with that issue?
CUTLER: Yeah, I think I'll let Michael talk to that point specifically. He's more in tune
with it. But I will say we have done -- there was talk about traffic studies. We actually
have done traffic studies and traffic counts on both Mountainside and Palisades, so those
were submitted to the town as well, so --
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I'll stay here.
MAEROWITZ: Mayor, Vice Mayor, Councilmember Toth. Thank you for the question
and it's a very good one because that was a concern that throughout this process that we
heard about the lack of visibility at that intersection, which is why our traffic engineer,
who is also here, spent a lot of time working with the Town Engineer on designing what
we can do to that intersection to make it better because it's certainly -- it's an existing
problem now and it's one that exists now and will certainly be a problem if you have that
70-unit development.
But we wanted to see if we could resolve it or be a solution to it with a stipulation.
And so what we've done is, you can see that we converted that intersection into three
lanes and then we've converted that median that's there. So right now, when you're
making that left and you don't -- you have that lack of visibility, you have to look at both
ways of traffic and find a way to make that left. What this median does -- and we're
actually cutting into the median, it's not just striping, we're creating a lane there -- allow
you to have that refuge. But as far as improving the visibility, we've talked about this a
lot with Planning staff and we absolutely want to do that. The challenge that we have is
that what's blocking the visibility is a retaining wall and most of it is actually located on
town-owned property. And so with the permission of the town, we would absolutely be
willing to do work to grade it down and make sure we improve that visibility. But we do
need the permission of the town to do that.
GRZYBOWSKI: Sorry --
TOTH: I --
GRZYBOWSKI: -- to interrupt, but that's actually what I was trying to talk about earlier
that I just couldn't get out, so thank you for doing that.
TOTH: So I apologize that I was the one that wasn't very clear in my question. I actually
mean when I'm heading northbound on Mountainside, way before I'm at even the zone
that we're talking about rezoning. So I even kind of mean the south parcel.
When I'm approaching either of those two stop signs on my way to that north
parcel, there's two blind hills and, I mean, I don't think I can show you the video on my
phone. But on Mountainside as you're heading up north, those two hills, I can't see who's
on the other side of that hill.
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So that was more what I was referring to. I think you were still talking about the
Palisades and Mountainside intersection.
MAEROWITZ: Mayor, Vice Mayor, Councilmember Toth.
Yes, thank you. I understand your question now. I was referring to the
intersection.
That is also a concern that we heard, that as you're kind of towards our southern
property, you know, this topography doesn't just slope to the east. It actually kind of has
a -- you know, it's -- further down, it goes up and then comes back down again on that
roadway. It's one of the reasons that the concern that we heard in particular was we at
first had our primary entrance and exit as that southern driveway, and that is where you
would face that concern the most because our residents that are pulling in there, there's
not a lot of visibility, particularly for other vehicles that are coming down Mountainside.
And so restricting that to emergency only and for solid waste collection means that you
won't have that traffic conflict, at least with our residents, because they won't be using
that driveway. So I think that helps.
As far as improving it, again it is city right of way and I'm not sure there's
something we can do to flatten it out, but we have certainly mitigated that problem and
made it a non-issue for our development by restricting that driveway.
TOTH: Thank you so much and I have one more follow-up to that.
So to be clear, that southern driveway would be emergency only, so we would
have effectively only one driveway for residents and guests in that apartment building,
save for an emergency circumstance?
MAEROWITZ: Mayor, Vice Mayor, Councilmember Toth.
Yes. So when we initially submitted our application, the intent was to have both
driveways. And in fact, at first we viewed that as a benefit, because you can have traffic
go in and out of two driveways.
But we heard over and over again as (indiscernible) things like what you had
mentioned, the lack of visibility here. And we also very much heard residents on
Mountainside not wanting vehicles near their home. Because if you use that driveway,
because it's on a slope and as a vehicle is moving up that slope, their headlights would be
shining into some of the homes there. And so hearing that concern, we thought it would
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be better to limit that to emergency access only and for solid waste collection. And in
fact, it's not just our word for it. That is one of the stipulations that is written in the staff
report and if you were to approve this rezoning application would be a stipulation that
attaches to the rezoning, so we'd be required to do that.
Thank you.
MAYOR DICKEY: Councilwoman?
MCMAHON: Did you want to go first?
MAYOR DICKEY: Oh, I'm sorry.
FRIEDEL: That's all right.
MCMAHON: Go ahead.
FRIEDEL: Are you sure?
A couple questions for the developer. You mentioned you had developed three
other properties in Fountain Hills?
CUTLER: Correct.
FRIEDEL: Did any of those require a zoning change?
CUTLER: Councilmember, the Thunder Ridge project was part of the Town Center, so
there -- it wasn't a zoning change. It was a special use permit --
FRIEDEL: Okay.
CUTLER: -- to allow the residential within the town's core.
FRIEDEL: And the management company that manages your properties?
CUTLER: The name of the company is MEB Management.
FRIEDEL: Do they report to you, though?
CUTLER: They report to me, correct.
FRIEDEL: Okay. Thank you.
Mayor, I have a statement here that I was asked to read by one of our businesses
in town, so I'd like to read that. But I also want to make sure that people know in this
room that I've never talked to this gentleman about this project at all. Why he's got my
name in here is probably because I do frequent his establishment, so he probably knows
me from there.
So this was by Chris Heath from Sipps Eatery. He said he was approached by
Senderos Development at his business establishment and he learned about the project and
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what he learned. Subsequent to that, he was misrepresented and he asked me to make
sure that I was -- that I would acknowledge his statement publicly and that went to all the
Councilmembers, so that's why I'm doing that. So he felt that he was misled in his
conversations with you folks.
I also have major concerns about the traffic going onto Palisades. No matter what
you do to that intersection, you can't improve the sight lines there, period. I know that
because I go through that intersection probably a hundred times a month. My dad lives
on Tumbleweed.
I think this is a very simple, simple land use decision. Why do we want to change
zoning for all those people that bought their properties there, knowing what that zoning
was and being zoned that property all these years?
I am not one that would be in favor of this change at this present time. I still
believe that the traffic has not been dealt with properly and I don't think you can because
coming down Palisades, sometimes it's like a raceway even though it's one of our zones.
So again, I'm all for preserving the local zoning as it was mentioned before. And
the people that came in here to talk tonight and also that sent emails, it was like 15 to 1
against this, so we have to listen to residents. I heard that mentioned here before tonight
as well.
So again -- so I have major concerns about sight lines on Palisades and again, this
is a simple land use decision for me and I'm not in favor of it.
Thank you.
MCMAHON: Good evening, and thank you very much for your thorough presentation. I
appreciate it.
Another thing, too, is like Sharron mentioned. We've had a lot of developers
come in and request various things before Planning and Zoning and also the Council.
And I have to be honest with you, I have yet to have been invited to sit down and have a
talk with the developer and his team prior to presenting before Council. And I must say
that I really appreciate that because it provided a lot more information and education for
me, in order to consider the rezoning request. So I appreciate that. And basically the
same things that you expressed to me and to other councilmembers are what you're
presenting tonight.
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As for rezoning, this is what the Council does. We review and consider requests
for rezoning different parcels of property in town. It is not unusual. In fact, it is the
norm. We have also considered other rezoning requests from multi to single, from
commercial to combination, et cetera, and we have granted most of those requests.
I had the opportunity also and was invited along with Mayor Dickey to the
neighbors' homes and listened to their considerations and I don't take them lightly. I
haven't taken any of this lightly.
However, I've also listened to the developer. The developer owns one of the lots
and just like any of us who own a lot, if we want to build a home on it or whatever, we
can do that by right. He can build by right. He's never changed and said that he wasn't
going to build 70 units, regardless of what a realtor's piece of paper said. Based on other
rezoning requests and development requests we've heard, I appreciate the significant
changes that you made out of consideration for what you have heard from our community
and the councilmembers. I really do.
The very fact that you have spent the time and money having your buildings
rezoned -- I mean, refigured if the Council approves the rezoning, I think was amazing.
It's like night and day. I mean, you take from building a three or four-story building or
two on a smaller lot that's going to block views and not be as aesthetically pleasing in the
neighborhood as the proposal that you're putting forth. I mean, you have lowered the
buildings. You've spread them out. You've mitigated the -- you put step by step
lowering it, which I thought was amazing. I was really surprised you could do that,
actually, but I'm not a developer. And in preserving the views. And even, you know,
right there, there's Four Peaks condominiums. To me, they didn't take that into
consideration for the neighborhood there.
You've also added a pool, family amenities. You're treating it more as a family
neighborhood unit versus plugging 70 units on one of your lots. No offense, I don't mean
that negatively.
I also appreciate the traffic mitigation that you have considered and are willing to
do, because we have approved other condominiums and townhouses that have refused to
do any type of traffic mitigation. For example, there is -- and this is no offense to the
developer if he's in the audience. There's a townhouse being developed over across from
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the Fountain Hills Hospital and McDonald's. That is a crazy busy intersection and
making a lefthand turn -- and right there at the corner where he wants to build, making a
lefthand turn is going to be almost impossible. There is no traffic mitigation
consideration going into that. So I appreciate your significant changes.
I also appreciate the fact that you've taken into consideration the topography and
the natural habitat of the church lot and that you have designed the buildings to
accommodate and recognize that and have less of an impact on that than might be
otherwise by another developer.
You know, Fountain Hills is growing. Like Betsy said from the Chamber, our
population has stayed constant. There's a big housing demand and we need that.
I also -- one of the things I thought about in considering the rezoning is the fact
that if it's not granted -- if you think about this, that lot is zoned for single-family. But
say that the 70 units are put on one lot and later on, the church sells that lot. There's no
guarantee that that person who purchases that lot isn't going to be right here just like you,
asking for a zoning change. Because they'll look at the neighborhood and they'll see
there's 70 units right here. There's Four Peaks units. So why do I have to -- why should I
stay and build single-family units when I can build an apartment building and make more
money, et cetera?
So my concern is looking forward to that, is that that is a concern of mine that it
would make the neighborhood more choppy and more of a development of apartment
units, multi-family, that would not fit into the neighborhood.
So for all those reasons, I -- and per all the questions that Sharron asked and
Councilmember Toth did, I'm for this zoning change. I don't think it's an unusual request
and I think that given what I've seen from your prospective building that it does fit within
the neighborhood and that it would -- and I do think that the traffic will be mitigated the
best that it possibly can be because that street is that street.
So thank you very much.
MAYOR DICKEY: Thank you.
Councilman?
SKILLICORN: Thank you, Madam Mayor.
I would actually, if it's allowed, I have a question for staff? Yeah.
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Now, this development, the plans here, are they going to be codified into the
zoning if this is approved? So really the question is, are they limited to 80 if this zoning
change is approved today? Or is it 140 units?
TAVASSOLI: Madam Mayor, Councilmember Skillicorn.
Yes, the stipulation includes a maximum number of 80 units, as well as a number
of other stipulations, so --
SKILLICORN: Okay. And then I'm kind of curious --
TAVASSOLI: -- (indiscernible) codified in the ordinance, should it be approved.
SKILLICORN: Thank you.
TAVASSOLI: Yeah.
SKILLICORN: And Madam Mayor, and actually maybe the developer, what is the
square footage? I see one-bedroom, two-bedroom, and three-bedroom. What is the
square footage on those three models?
MAEROWITZ: Mayor, Vice Mayor, Councilmember Skillicorn.
So in the development that's being proposed, if the rezoning application were
approved, it's a mix between one-bedrooms, two-bedrooms, and three-bedrooms and the
square footage of those units, and I'm actually going -- so I get it correct, I'm going to
turn to my sheet -- is for the one-bedrooms it's between 700 and 800 square feet, and then
for the two-bedrooms 930 to 1250 square feet, and then the three-bedrooms 1300 to 1400
square feet.
Whereas in the studios and one-bedrooms in the other site plan that we had
submitted for just the south parcel, those are 500 and 600 square feet.
SKILLICORN: Thank you. And just, you know, my comments on this, I've walked up
and down the street. I have walked the property. Back in the spring when we had some
rain, I was trying to monitor how much runoff water was in the wash there. Actually, I
know that the Town Planner and I've talked a little bit about the -- you know, if there was
a tension there and how the -- you know, actually where the water went.
I have some concerns because of the geography of those two lots. It's very steep.
You know, you can't even really walk down to the bottom of the wash. It's very hard to
develop. I think it would be very challenging if the one lot, the southern lot that's zoned
high density to be developed to the degree that this proposal is. I just think it would be
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very difficult to do that and still comply to code. You know, we still have rules on
retaining walls. We still have rules on, you know, how much -- you know, dirt you can
move. I just don't see that working.
So I'm very concerned about that. Even when I see the two together, there's a lot
of rooftops. There's a lot of sidewalks. There's a lot of road there. That is all, you know,
water runoff that, you know, we have to deal with and I just see that being an issue and I
just see that that's not going to work so well. So I have very much concerns.
And then we get into the actual structural issues of zoning. I do look at zoning as
a promise. I don't like to willy-nilly change zoning rules. I have a very specific test that I
would ask to change zoning rules and this doesn't meet it. And frankly, if I was going to
change zoning rules, I would rather have the high density lot, a single-family lot. And if I
made a motion now to do that and it was approved, I'm sure that the owners of that lot
would sue us because that's not something that's the way you work. So why would I
willy-nilly change the single-family lot to high density? I can't do that.
So I'm going to -- I'm curious what the motion's going to be. But I'm not going to
support changing zoning on this because zoning's a promise.
KALIVIANAKIS: Thank you, Ms. Mayor.
I think we earned our monthly pay tonight because this is a really tough one. This
has been the most difficult decision I've made since being seated on Council.
It was suggested earlier by state senator that we don't change zoning laws unless a
compelling reason. I think that's sound.
I'm not sure the developers address it from that angle, about a compelling reasons.
I think the person that made the best case for that was Betsy LaVoie from the Chamber.
When you say that this town hasn't grown for 20 years -- you know, Lou Holtz said if you
ain't growing, you're dying. That bothers me. Sorry, Barry.
We've got to grow. We've got to get up to that population density level where we
can sustain businesses, and projects like this, I think, have a lot of merit.
I like their sight lines. And the one thing I'd like to say, too, is that I went to the
neighborhood residents and I went to their home and we discussed this with them, and
then I did discuss this with the developers, too. And any of this -- notions about people
aren't acting in good faith and people are trying to do something untoward really bothers
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me. They're trying to put a really good development here. They've taken an
extraordinary amount of time to try to get everything right.
And, of course, the people that live in the neighborhood. You know, I get it.
They've been there a long time and they said we didn't envision multi-family housing
being built next to our home.
And so there's no way that we're all going to go away happy and content tonight.
But we have to apply logic and we have to apply reason to come up with a good decision
so we can at least walk away saying a good decision was made tonight.
Again, you look at the sight lines. I like the parking, the street access with the
merge lanes. I think that's a wonderful idea. I think the aesthetics of this project are so
much better than just developing the R-4.
The neighborhood integrity is good. The church congregants have literally asked
us, please sell the property because we could use the money for our outreach and our
church. And so that's there.
On the other hand, the developer, you do have a remedy, okay? And that's you
sold this to our town as well, we can do 70 plus maybe six or seven, but we're very
concerned to make this a better project for Fountain Hills.
And is the developer the one that should be making that decision? Or should the
residents be making that decision? What they want there?
When I ran for office, there's two forms of governance, the trustee form and the
delegation form. The trustee where you vote for me and I'm going to do what's best for
you. The delegation is you vote for me and I'm going to be your mouthpiece. I've always
subscribed to that and I will subscribe to that tonight, too. But with this fair warning,
okay, that -- be careful what you wish for.
Because if we let them develop the six acres, it's going to be a pretty nice project,
I think. You said you didn't want it. I'm willing to go there with you. But in the future
years, when they do develop it, a bunch of studios and ones -- we've talked about putting
our own Fountain Hills Police Department together. Well, five years from now they
could be spending all their overtime hours over there, because of problems with the urban
style development that we've just approved tonight by not approving the suburban
project.
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So I don't think a compelling case has been made why this has to be done and all
the people -- I know you've done a great outreach -- and all the people I've personally
talked to they've been against it, pretty categorically. And I just can't ignore that fact.
So unfortunately, I'm going to vote against a good project and I'm going to be a no
on this.
MAYOR DICKEY: Thank you. Anybody else before I speak?
SKILLICORN: Madam Mayor?
MAYOR DICKEY: Yes, sir?
SKILLICORN: I just have a question for our attorney. Is this a simple majority or is this
a super majority?
ARNSON: In response to your question, of course if the matter fails, then it's a moot
issue. If the matter passes, then the surrounding property owners have submitted a
petition that meets the requirements under town code, which would require a super
majority. My understanding is that it does not meet requirements under state statute. So
which one of those controls is a different discussion for a different day. But regardless,
yes, if it passes, we'll need to determine which one is in control and we should figure out
if we have the votes in the affirmative.
MAYOR DICKEY: Thank you very much. I agree with both sides of everything that
everybody has been saying. It really makes a lot of sense.
I definitely don't like the idea that there's suspicion or casting dispersions on the
fact that we actually met and wanted to hear about this project, or questioning the
motivation of people who, yeah, that's their living. It doesn't mean that what they're
trying to do has a negative motivation to it.
However, as you've witnessed in the past here, I am an advocate for residents that
live in the area. And has been mentioned, most of the people that live in the area are
opposed. I understand the, you know, some of the businesses and I get that. But I also,
you know, voted no on Daybreak and some of the people here against this voted and
wanted and supported Daybreak, so across the board saying you don't like zoning
changes doesn't really resonate with me very well. But I do understand taking some of
these projects one at a time.
But again, I do default to the people, what they thought when they bought their
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homes, when they invested in their homes. And I guess I appreciate being reminded that
I lived there for 13 years. And I got to tell you that if I lived there now, I would've been
asking my neighbors to be supportive of this project because living closer to the El Lago
side, I would've much thought that this was a better project.
But again, I default to the neighbors. I was hoping that they would change their
minds before we got to this point, but rezoning is something I have been very hesitant to
do and I guess I'm not going to be able to do it tonight, either.
Are there any other questions or comments?
GRZYBOWSKI: Yes, ma'am.
MAYOR DICKEY: Anybody want to make a motion?
GRZYBOWSKI: Before I make the motion, I would like to remind -- while Betsy stood
up as a single person, she didn't represent one voice. She represented the entire Chamber
and they've got a slew of people on the Chamber Board. It's like 17 or 19 or something
like that. I'm not exactly sure of the number. So she didn't speak just for her. She spoke
for the entire Chamber Board and they were unanimous.
That being said, one of the things that didn't come up today that has come up to
me a number of times is yes, traffic, but the number of people coming and going at the
same time.
So I live in a 95-unit rental place. I warned the admin staff that I was parking
myself in the middle of the parking lot. I had my little umbrella and a chair and a cooler
and I sat there for a couple of evenings and a couple mornings, during what we would
consider rush hour. And during the evening hours -- so oh, I should tell you, I have 95
units and there's 168 total parking spaces. That being said, during the evening hours, we
averaged -- so 4:45-ish to 5:45-ish, we averaged three people walking and 23 people
driving. During the morning rush hour, between 7:45 and 8:45, we averaged three people
walking and 31 people driving.
One of the other things I wanted to be sure and talk about is our average
apartment occupancy in town is officially 90.3, but that was based off a (indiscernible)
93 percent occupancy and they are now at over 97 percent. So it's actually higher than
that.
It's unrealistic to hope that nothing gets built on these lots and I've had a number
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of conversations with people that are like, we just don't want anything there.
Hope is not a strategy. Something eventually will go there. These are
somebody's assets, so to be hopeful that we're not going to put something there is not
realistic.
No matter what goes in on these two lots, we are going to have the same exact
traffic concerns that you have today. The plan for the 80 units on two lots is more in line
with the look and feel of Fountain Hills. There's no doubt in my mind. It's an attractive
building with room for landscaping and maintains views. With this 80-unit development,
we will get traffic flow on the corner -- traffic mitigation on the corner of Mountainside
and Palisades. If it goes in as a 70-unit, we're only going to get one driveway out.
They're not going to spend the money on the corner to help with traffic mitigations.
While a 70-unit complex on the one lot would be studios and single-family
homes, honestly, it would be nice to have. It would be workforce housing for us. Your
retail workers, your waitstaff, your firefighters will have a place to live because they will
be able to better afford studios and one-bedroom homes.
But I think from what I hear talking to y'all, you would rather have the larger,
further down, not blocking views, it's more aesthetically pleasing, there's more
landscape -- so I'm a yes on this.
And I am ready to make a motion. As written, move to approve ordinance 23-03
with the stipulations listed in the staff recommendation.
MAYOR DICKEY: Is there a second?
MCMAHON: I'll second.
MAYOR DICKEY: Thank you. If there's no further discussion, could we have a roll
call, please?
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Councilmember Friedel?
FRIEDEL: No.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Nay.
MENDENHALL: Councilmember Skillicorn?
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SKILLICORN: No.
MENDENHALL: Councilmember Toth?
TOTH: No.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: Aye.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: No.
MENDENHALL: The measure fails.
MAYOR DICKEY: Thank you very much. I appreciate it very much. It was very
difficult, the whole thing, and we appreciate your professionalism.
SKILLICORN: Madam Mayor, might I suggest a four-and-a-half-minute recess?
MAYOR DICKEY: We'll take five.
Clerk’s Note: The Council recessed at 8:19 p.m. and reconvened the meeting at 8:31
p.m.
MAYOR DICKEY: Thank you. We're back and our next item is another public hearing.
We'll hear from John and then I'll open the public hearing. Thank you.
WESLEY: Mayor, Council, I just want -- this one should go a little faster than the last
one, I hope. So we are looking at a request for a special use permit at the southeast
corner of Glenbrook and Fountain Hills Boulevard. This property is currently zoned C-
C, which is a common commercial zoning. It's a lower end retail commercial that allows
for common parking lots and 100 percent lot coverage in this district.
It's been platted since 1973. There's been really no new construction in this area since
about 2004. So this area is set vacant, looking for some development for quite a while.
The lot in question, here at the corner, highlighted in the blue, was used as a playground
for a number of years for adjacent school that's since been closed. So it's currently not
being used.
The new owner is suggesting, would like to build apartments on this property. The C-C
zoning does not allow for residential use by right. So they're options include either to
rezone, and there's three options listed there that could be chosen. Or to get the special
use permit in the C-C. They have chosen to maintain the consistent zoning pattern in the
area and request a special use permit for the residential use.
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So looking at it a little bit further out, you can see again the corner property highlighted
in blue. The C-C zoning on this tract. And so the tract here, just to remind the council,
about a year ago, maybe it's been now, approved a special use permit for residential
mixed use building at the southeast corner of this total block down here at Ivory and El
Pueblo. Also, previously a special use permit was approved for residential second floor
use of that building located here.
You can see the surrounding zoning of mix, single family and commercial zoning
districts in the area. The general plan encourages a range of housing types and densities
in the community. It also encourages we protect and maintain existing neighborhood
character and support mix of residential employments and commercial uses. In this
particular area designated a plan is a mixed use neighborhood. So it does allow for a
little bit higher density residential as well as a combination of residential and commercial
uses.
When you look in the zoning ordinance, in Section 2.02 F 1 d, it provides the criteria for
the Planning and Zoning Commission to use as they review special use permit requests in
their making a recommendation to council. So we're looking at its impact on the adjacent
neighborhood and the community.
Planning and Zoning Commission reviewed this at their meeting last month. As they
looked at it, they determined that the request did meet the criteria in the general plan and
in the zoning ordinance. And so they have recommended approval, as well as staff.
With that, I'll see if you have any questions.
MAYOR DICKEY: Thank you. Do we have any speaker cards?
MENDENHALL: Not for this item, Mayor.
MAYOR DICKEY: Thank you. Any comments or questions from the council? No?
Somebody want to make a motion?
GRZYBOWSKI: Move to recommend approval of case number SUP23 -- like, six 0's
and then a 1.
TOTH: Second.
MAYOR DICKEY: Thank you. Roll call, please.
MENDENHALL: Councilmember Friedel.
FRIEDEL: Aye.
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MENDENHALL: Councilmember Kalivianakis.
KALIVIANAKIS: Aye.
MENDENHALL: Councilmember Skillicorn.
SKILLICORN: No.
MENDENHALL: Councilmember Toth.
TOTH: Aye.
MENDENHALL: Councilmember Grzybowski.
GRZYBOWSKI: Aye.
MENDENHALL: Vice Mayor McMahon.
MCMAHON: No.
MENDENHALL: Mayor Dickey.
MAYOR DICKEY: Aye. Thank you. Closing two public hearings at the same time.
Our next items is about our trails. Who's that, Rachael?
GOODWIN: Yep. I see a number of our McDowell Mountain Preservation folks back
there. It looks like our chairman, Scott Grzybowski as well as Bill, Bill Craig is going to
be joining us as well.
SCOTT GRZYBOWSKI: Good evening, Mayor, Vice Mayor, Councilmembers and
distinguished, award-winning staff --
[LAUGHTER]
SCOTT GRZYBOWSKI: -- so we are here tonight -- see a presentation, let me get into
presentation mode. There we go. So good evening. So I'm Scott Grzybowski, Grizz
Grzybowski, long last name. I'm the chairman of our McDowell Mountain Preservation
Commission. And with me is Bill Craig. He is the, one, he's the Commissioner on the
MMPC. He's also a board member of the Sonoran Conservancy of Fountain Hills. And
he is our illustrious trail blazer leader.
So what are we here for today? Well, we're here to talk about trails. So this is a
beautiful, panoramic view we took from one of the potential new trail advantage points.
And Bill's going to talk us through what those trails will look like. But I figured it'd be
very nice to have some nice pictures. We all like pictures. Worth a thousand words.
I also will point out that in your packets on page 408, you will have, you do have a bunch
of frequently asked questions. We already tried to be proactive and answer questions that
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we think we'll have at the town council level. And again, that's on page 408 in your
agenda packet.
So again, we'll do this quickly. So in the presentation we have a lot of supporting
information that I hope we don't have to get to this evening. But why we're here. One,
the first agenda item is to ask for some new trails. And the second agenda item, once we
get through the first one, would be to ask for some trail renaming request.
Again, more pictures. So this one is pretty cool. I call this one Saguaro Valley. This is,
again on our Sonoran Trail. Just a beautiful vantage point. I love it. It's' just really cool.
I had to take a picture of it.
So this is the Cliffs Notes version, why are we hear? First we're here to request three new
trails in the coming years in the McDowell Mountain Preservation or the Preserve. So
with that, we vetted numerous options with many hours of working groups and discussion
to present you with our final recommendation.
Number one, I think we'll all like this, is zero cost to the town, zero, seriously. And with
that we actually have a savings in one of the supporting slides, about $73,000 a year we
save the town with all of us volunteers. And again, both trails that we're going to see
above the Sonoran have zero impact on homeowners. They're very high on the Preserve
and the land we already own. And just like that picture shows, we have breathtaking
views.
And then the second item would be here to ask for some renaming of three existing trails.
So some of you've seen these slides before. But number one, how do we build trails? It's
all done by hand. So everything is done with hand tools. I have to point out, this picture,
because this is very cool, so Bill, being our illustrious leader, whenever we see a big rock,
right here, it's probably going to need to get moved because that's what Bill does.
So as you us here, we are doing this all by hand. This is the before, this is the after. They
like having me around because I'm the rock mover, right? I do a lot of rock moving. It is
nice to be somewhat of the younger of the crew, which is awesome. But I do a lot of rock
moving.
Again, so this is another beautiful before picture. At some times it's very hard to
visualize what a trail is going to look like until it's actually done. And then this is the
after picture. Which to me, these are just amazing. So this was actually, you know, what
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we did on part of the North Leg Trail just this past year.
So again, how do we build trails? Very much all manual. So in this case, the rock
actually won. You can see that the pick axe is bent. So it only one temporarily, we came
back with a bigger pick axe and we won. We got that rock.
And here's our lovely trail blazer crew here, very happy to open the north leg of the trail,
which is another, about .8 of a mile on that trail.
So with that, I'm going to pass this over to Bill. I'm going to be his backup with the
pointer.
CRAIG: Good evening. As Scott mentioned, we are asking for three new trails. In this
picture here, just to orient you as to where we are relative to the Preserve, some of you
have been there. Some of you have just been to the trailhead. The parking lot that you
see listed here is the trailhead. If you come up Adero Canyon, past Adero Resort, that's
where you get to the trailhead. And orientation-wise, this is the North Leg Trail that we
completed this last season. This is the Prominade Trail. This is a cheap road that, just
interestingly, was originally built by a former owner of the land who wanted to build a
house at the end of that. But his wife had a different idea and it never got built.
Back to the trails, this is Shadow Canyon. And I have tried to use this to give you an idea
of how close or how far away the actual trail will be. The line that you see here is an
approximation of where the boundary is between Shadow Canyon Homeowner's
Association and our Preserve.
From the parking lot, there is the Overlook Trail, which I am representing now, which
comes up to a peak right at this point. This is a trail which was there originally. And if I
can get back here, this was a trail which was there originally, one of the first trails. It's
about a half-mile long. This is the trail which is most often suggested by our trailhead
hosts for people that come up that are not familiar with our preserve or are new hikers.
Coming off of this, right in this area is another trail called the Easy Access Trail. It was
originally built as a trail which was the easiest trail there is here. And we often, back in
the early days, took people with wheelchairs up on this trial.
Now, the Overlook extension is what we are proposing here. This goes in the white here
from the peak of the Overlook Trail, down to the end of the Easy Access Trail. This
shows it in a little more detail. This being the peak of the Overlook Trail. This being the
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end of the Easy Access Trail.
The design here is meant to go through a lot of the rock structures, make it an interesting
looking trail. It will be developed to the extent of the same ability, the same degree of
difficulty or lack of difficulty as the Overlook Trail itself. Why I didn't think of that
beforehand, I don't know. This was meant, or this was suggested by a hiker. And we
started looking at this and to us, it made a lot of sense.
A loop trail is the most often sought-after type of trail throughout the states. This will
make a loop out of the Overlook Trail. So instead of just up and back, up and back, it
will give some variety and being another nice terrain.
Going ahead to the next two trails, once again you see the trailhead over here, the parking
lot. And this is the Prominade Trail, coming along here, passing the North Leg Trail
once again, going to the end of the Prominade Trail. I have shown the Eagle's Nest
development here to give you the relationship of that. So this is Eagle's Nest. Over in
here is Shadow Canyon. This is the Sonoran Trail that you see me trying to take the path
of here. At the end of the Prominade is where the first new trail, or the second one
relative to all three, of these two trails, the red and the lime green here, this is a trail
which I think will be an extremely nice, enjoyable addition to the fine trails that we do
have.
There's two elements of this which are outstanding to me. Right around in this area I
purposely took the trail through here because of a saguaro field that is in there. Many
enjoyable, nice, young saguaro, but also a number of 100, 150 year old saguaros that I
have taken it by in designing this trial to make it interesting.
Also, over in this area there is a little, quiet, peaceful area, grassy area, level, back in that
doesn't have views of the town but is bordered on one end by this old Mesquite tree,
which you don't often see out in the Preserve or other areas. And on the other end of this,
about 20 yards away, is a 12-foot rock wall with rocks down at the bottom that are flat
that you can sit and rest on next to the wall itself.
The other trail is also unique in a different way. This trail, once again, came from a
number of hikers, a number of my trail blazers. They wanted something which was a
little more difficult. Something that was a challenge. So this was designed a lot by some
of the trail blazers themselves. It starts up the Western Loop Trail. Right up in here, at
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an elevation about 350 feet higher than the end of the Prominade Trail. It goes in and out
some of the arroyos at a much steeper angle to make it much more of a challenge. The
white here is the border with Scottsdale. So it goes up quite high, this will be up around
the 4,000-foot elevation. Both of these trails come down and end on the Sonoran Trail,
about a half a mile before the place where the Sonoran Trail meets McDowell Mountain
Park.
And with that, as Scott mentioned, we tried to anticipate some of the questions you might
ask and have put out a sheet to you. And I'm going to turn it back over to Scott and we
can both answer questions that you might have relative to these three trails.
MAYOR DICKEY: Thank you. Do we have any speaker cards?
MENDENHALL: Yes, we do. So what I'm going to do is have the person who is here in
person to speak, come up first. And that would be John Thompson. And then rest will be
written.
THOMPSON: (Indiscernible).
MENDENHALL: Okay. All right. He's for it. And so --
MAYOR DICKEY: The shirt gave you away.
[LAUGHTER]
MENDENHALL: He's against it -- no, I'm (indiscernible). And so we have quite a few,
and it's in your packet under 9F. And you'll read all their comments as well. But I'm just
going to go through and say if they're for or against it.
Clifford King is for it. Kyle Bardet is for it. Pam Bardet is for it. Mary McDonald is for
it. Rebecca Collman is for it. Ted Blank is for it. Carmen Thompson is for it. Barbara
Weist is for it. Dennis Weist is for it. DJ Willard is for it. Janice Tim (ph.) -- can't say
that right. So she's for it.
Stan Johnson is for it. Denice -- Denise Clark is for it. Peter Herstein is for it. Karri
Michell is for it. David Bell is for it. Fred James is for it. Derrick Brewster is for it. Jeff
Esposito is for it. Nathan Sorenson is for it. Gary R. Goodell is for it. Nancy Marie
Whitton is for it. Janice Holden is for it. Laryn Arvidson is for it. James Kanya is for it.
Sharon Kanya is for it. And John McCurdy is for it.
MAYOR DICKEY: Thank you very much, appreciate it. Any comments or questions?
Yes, Hannah.
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TOTH: I just want to say thank you so much for your time and for everything you guys
do. I am so excited to see the new trails, hopefully. And just thank you for coming to
share with us today. You guys do great work. So with that, I move to approve the new
trails.
KALIVIANAKIS: Second.
MENDENHALL: Okay. So we have Councilmember Kalivianakis.
KALIVIANAKIS: Aye.
MENDENHALL: Councilmember Skillicorn.
SKILLICORN: Yes.
MENDENHALL: Councilmember Toth.
TOTH: Yes.
MENDENHALL: Councilmember Grzybowski.
GRZYBOWSKI: Aye.
MENDENHALL: Councilmember Friedel.
FRIEDEL: Without question. And thank you.
MENDENHALL: Vice Mayor McMahon.
MCMAHON: Aye.
MENDENHALL: Mayor Dickey.
MAYOR DICKEY: Aye. Thank you. Thanks a lot. You're up next, aren't you?
GRZYBOWSKI: Right, we are. So I have to point out this slide, this is really cool. This
is a quad of trail cactuses. So four cactuses growing together. Just very rare in the wild,
to see so many growing together because they're fighting for resources. So to see four
together, I just thought it was cool, so I put that in there.
We have -- oh, went through questions, right.
UNIDENTIFIED SPEAKER: Cool is the world.
CRAIG: It is, it is. I don't know if it's the cool word or the word of the day, right? But
I'll use that. And the next item on the agenda is the trail naming -- renaming request. So
again, we discussed this and we think these three name changes make a lot of sense.
So as Bill said, one of the trails is called the Western Loop, and that's where one of the
new trails is going to start from. We would like to rename that to the Western Trail. It's
really not a loop. So we want to just be consistent and name it Western Trail.
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The second one is, we have this trail coming off the Prominade called the Alternate Bike
Path. And it really connects to the Andrews-Kinsey Trail. So we would like to just name
that part of the trial, all of it to be Andrews-Kinsey Trail.
And then the other one is the Easy Access to the Overlook. Especially with the new
extension, it just makes sense then, instead of having this Easy Access separate trail
name, we just call it the Overlook.
So any questions on that?
MAYOR DICKEY: Any questions? Any speaker cards?
MENDENHALL: Yes. We have two, just written, John Thompson's here and -- and he's
for it. And then we have DJ Willard, he's for it. And that was in your packet.
MAYOR DICKEY: Thank you.
MENDENHALL: And that is it.
FRIEDEL: You want me to make a motion? Move to adopt resolution 2023-25
approving the renaming of the trails as proposed.
KALIVIANAKIS: Second.
MAYOR DICKEY: Thank you. Roll call, please.
MENDENHALL: Councilmember Skillicorn.
SKILLICORN: Yes.
MENDENHALL: Councilmember Toth.
TOTH: Yes.
MENDENHALL: Councilmember Grzybowski.
GRZYBOWSKI: Aye.
MENDENHALL: Councilmember Friedel.
FRIEDEL: Aye.
MENDENHALL: Councilmember Kalivianakis.
KALIVIANAKIS: Aye. Thanks, guys.
MENDENHALL: Vice Mayor McMahon.
MCMAHON: Aye.
MENDENHALL: Mayor Dickey.
MAYOR DICKEY: Aye. Thank you. Thanks a lot.
GRZYBOWSKI: Thank you.
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MAYOR DICKEY: Our last regular agenda item is about the Legislative Bulletins.
Anybody have anything? You know, they've been off. So they've been off since -- and
they're coming back on the 12th. There's increased urgency for the passage of the Bill
that allows Maricopa County to ask its voters if they would like to continue funding
transportation in what has been described as he fastest growing area in the country. So
Prop 400 (e), efforts to continue, and I have recently picked up a lot of assistance from
organizations, business, cities, the county, big article in The Arizona Republic. And we're
trying to mitigate the economic damage of the halted RFPs, all of the projects that aren't
moving forward and the hesitation of some of the businesses that were planning to come
to the Valley.
Fountain Hills has been at the table to create it. And benefitting from funding programs
through decades of county transportation sales tax.
The other two items that are still important that are still out there is the rental tax. That's
still on the table. You know, that's an over $560,000 or so hit on us if that goes through.
But there are some compromises for that.
And last, they are close to an agreement on the housing zoning Bill which was brought up
earlier. And as I've said before many times, if this passes, almost everything we did
tonight was moot for the future. So let's just hope that we keep our zoning and our local
decision making in place.
And I don't, you now, I don't know what else could happen. When they come back, some
people are saying they'll immediately quit. And others are saying they're going to
October. So I don't know. Your guess is as good as mine.
Do we have anything from the council discussion? Anything from the Call to the Public
that we have to follow up on or anything? I don't think there was. I think everyone are,
you know, it's all the 5G and that kind of thing.
Future agenda items, anybody?
SKILLICORN: Madam Mayor, I'd like to actually make a quick motion. Because
inflation is so high and summertime sales tax pretty low, I would love to suspend the
grocery tax for the month of July, which is traditionally the lowest of the year. Last year,
it was about $130,000. I think this would be a worthy break for our residents.
MAYOR DICKEY: Well, you know, we can't make a motion now or talk about this. So
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did you have any future agenda items?
SKILLICORN: Well, I'd like to add that (indiscernible).
MAYOR DICKEY: You'd like to add suspending our food tax for a month to our next
agenda. Does he have any support to do that?
TOTH: I'll give him a second if I can get the numbers on how much we typically get
from the food tax in the month of July.
MAYOR DICKEY: I guess for the whole year, it's over a million, so anything?
MCMAHON: That's our revenue.
MAYOR DICKEY: Any -- because when they were talking about eliminating it, it was a
chunk of change.
FRIEDEL: (Indiscernible).
MAYOR DICKEY: Pardon me?
FRIEDEL: (Indiscernible).
SKILLICORN: Well, out of fear, it'd be out of order to discuss, but I mean, I do have the
number. But I think it is out of order to discuss it. This is just a motion for the next
meeting.
UNIDENTIFIED SPEAKER: (Indiscernible).
MAYOR DICKEY: Well, she already seconded it. So I think it's something that we can
definitely discuss. Thank you. Anything else?
All right. We're adjourned.
[MEETING ADJOURNED AT 8:58 P.M.]
Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting
of the Fountain Hills Town Council held on June 6, 2023, at 8:58 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 June 2023. I further certify that the
meeting was duly called and that a quorum was present.
DATED this 22nd Day of August 2023.
_____________________________
Linda G. Mendenhall, Town Clerk
TOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL June 20, 2023
A Work Session of the Fountain Hills Town Council was convened at 16705 E.
Avenue of the Fountains in open and public session at 4:02 p.m.
Members Present: Mayor Ginny Dickey: Vice Mayor Peggy McMahon; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth
Attended Telephonically: Councilmember Allen Skillicorn Staff Present: Interim Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall
Audience: Approximately nine members of the public were present.
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Post-Production File
Town of Fountain Hills
Town Council Work Session Minutes
June 20, 2023
Transcription Provided By:
eScribers, LLC
* * * * *
Transcription is provided in order to facilitate communication accessibility and may not
be a totally verbatim record of the proceedings.
* * * * *
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MAYOR DICKEY: Hello everyone. Thanks so much for coming. We're having our work
session on streets. And could we do a roll call, please?
MENDENHALL: Yes, Mayor. Mayor Dickey.
MAYOR DICKEY: Here.
MENDENHALL: Vice Mayor McMahon.
MCMAHON: Here.
MENDENHALL: Councilmember Friedel.
FRIEDEL: Present.
MENDENHALL: Councilmember Grzybowski.
GRZYBOWSKI: Present.
MENDENHALL: Councilmember Toth.
TOTH: Present.
MENDENHALL: Councilmember Skillicorn.
SKILLICORN: Present.
MENDENHALL: Councilmember Kalivianakis.
KALIVIANAKIS: Here.
MAYOR DICKEY: Thank you all, so much. I guess, do you want us to kick it off, Justin, for
us? That would be wonderful. Thank you.
WELDY: Thank you, Madam Mayor. Madam Mayor, councilmembers, first, welcome to
this year's last work session. I know everybody's excited about that. There's going to be
two presentations tonight. The first one is going to primarily focus on the results of the
most recent pavement analysis. The second one is going to concentrate or provide
direction and information related to the all-volunteer Streets Committee that have
worked for the last 20 months to support their community.
It's important to note that what's going to be discussed tonight is arguably one of the
town's most valuable assets, also one of the most expensive to own and maintain, which
is our streets.
The first presenter tonight is Zac Thomason from Roadway Asset Services. I've had the
privilege of working with this young -- intelligent, young man for the last several years
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through two different companies. He does what he does incredibly well. And
oftentimes, and I'm only bringing this up because you may have to do so as well, have
him slow down a little bit. He's so well-versed, that he rolls and rolls and rolls and I have
challenges keeping up with him. With that, Zac.
THOMASON: Justin, thank you for the introduction. Madam Mayor, Town Council, it's a
absolute pleasure to be here today. I do love pavement management. This is what I do.
We take our work seriously. We don't take ourselves seriously. So what we're going to
talk about today is the state of the roadway network here in Fountain Hills.
So we're going to start with some basic terminology. I know that everybody is not
pavement experts, so we're just going to talk about what some of that terminology
you're going to hear me say today is.
The first thing is centerline miles. We talk about that a lot. Think about centerline miles
as if you were walking down the centerline of a road, smack in the middle, and you
walked for a mile. That is a centerline mile. Irregardless of number of lanes or width of
road, you're walking for a centerline mile.
The town maintain approximately 166 centerline miles of road here in the town. Now, if
we take into account area in those lanes and the width of road, the town maintains
approximately 3.5 million square yards of pavement. That's a lot of pavement. It's
enough pavement to pave a small two-lane road all the way from here to Las Vegas, if
you so desire.
So it's no small feat to maintain and manage this network on a daily basis. When we
talk about network replacement value, what would it take to replace this asset on the
books if we had to today? If we're just looking at pavements, surface and subgrading,
not sidewalks, drainage, or anything else, just pavements, you're nearly a quarter-
billion-dollar asset just with the pavements alone. So this is a big deal that we're talking
about from a financial perspective.
PCI, so pavement condition index, that is simply a 0 to 100 score that ranks the health of
a roadway. 0 is absolutely horrible, turning back to gravel. 100 is a perfectly brand new
road that was paved this morning.
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Preservation. We talk about preservation techniques on road. These are light-weight,
cost-effective treatments that we can apply to roads in an effort to extend their design
life at the absolute lowest cost. So we'll talk more about that here in the next couple
slides, too.
You're not going to hear mention it often because it's very technical, but ASTM D6433,
these are the rules that we adopted to measure the pavement distresses in the field and
calculate the PCI score. It's the closest thing to a national standard that most folks
adopt when doing a pavement condition assessment.
So with that, let's kind of jump into some basic topics. What's the purpose of pavement
management? Let's break it down very, very simply. The purpose of pavement
management is to pick the right road at the right time with the right treatment. That's
the whole philosophy of pavement management and prioritizing and financially
optimizing what you've picked.
Now, roads are no different than any other asset we maintain, our houses and our
vehicles. We change the oil, flush the coolant, in an effort to maximize the life of our
vehicles. We consciously do not defer this routine maintenance because we know it's
going to cost us later in extensive maintenance on our vehicles. Roads are the same
way.
So we know if we can capture roads before they kind of fall of that cliff that you see
there on that first slide, if we can capture them early, we can spend roughly $4 a square
yard maintaining roads as opposed to $40 a square yard rebuilding them later.
This is the van that drove all of the town streets. My kids call this the ghostbuster's van.
It's got a lot of high-tech equipment that's on it. The meat and potatoes is that fan on
the backend. That is a laser-crack measuring system. It's a very high resolution camera
with laser-line illumination. It is responsible for measuring the width and depth of all
the cracks and all the distresses that fall beneath us.
So it's a very objective and repeatable assessment that we conducted. The big boon
that you see on top there, that is a panoramic camera. So we collection full right-of-way
imagery in addition to that downward pavement imagery. And the town is going to get
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access to all of this imagery. It is yours as the town.
So we captured all this information. You can see there in the upper left-hand side of
that picture there, it might be difficult, but we take all of these images from the van and
we process it using a piece of software called Road TRIP. And its job is simple. It takes
the imagery, it draws in all the cracks, it measures the cracks, it classifies the type of
distress that it is, and then it calculates that PCI score for every block or every segment
in the town.
One of the things that we also do on all of our assignments is we do an onsite field pilot.
So an onside field pilot is where we select a sample of ten miles of road and we come
onsite with the town and we walk these roads. We've already processed the data. And
the purpose is really twofold. It's to insure that everyone's interpretation of distresses
are the same. We're adhering to a set rule, that ASTM that I referenced earlier, but if I
ask you what a good road is versus what I think a good road is based on my rules, we
could be different in that perception.
So the pilot is really to bring that together and to address that perception there. And
we conducted that with town staff, as well as the Streets Committee, as you can see
there in some of the pictures.
We took a sampling of roads, poor roads, good roads, fair roads, arterial roads, local
roads, collector roads, a full sampling of roads as a part of that pilot effort. Then, of
course, we evaluated any changes to historical data that may have resulted from the
evolution of technology or processing of software as well.
So with that, let's kind of start digging into some of the data. So every bit of data that
we captured is linked to the city's GIS interline file. So every block, every segment has
data tied to it. As you can see here in these imageries, we captured the data in the
town, it had breadcrumbs across all town maintained roads.
The condition data itself, you can see here in several different formats. The map on the
left-hand side of the screen, that is simply a map that is plotting the PCI conditions and
color coded using the same descriptive terms that I believe were adopted by the town
back in 2018. So terms like excellent and fair and marginal and whatnot.
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Map in the middle, just a zoomed-in picture there where you can see a number in the
middle of each segment. That is the PCI score for each segment. But more importantly,
when we look at things from a 30,000-foot view, that table shows you the PCI or the
condition distributions for each category. So at the end of the table there, you see the
percent of network by centerline miles for that particular table. And it can start giving
you a good indication of what the condition -- or what the data tells us about the town's
network.
If I put that in graph form with what you're seeing here, this is a typical PCI distribution
graph. But now, instead of percentage of centerline miles on the y axis, we have
percent of area. We always want to look at things on a percent-by-area basis. This can
ell us a lot about an agency before we even run an analysis.
So a couple of metrics that I use to access the health of any given agency is the network
average PCI score. Your network average at the time of the survey was a 69. So
everything averaged together, weighted average 69.
Typically, the average we see across the country is between about a 60 to 65. Less than
one in ten agencies will score above a 75, just to put that into context. So it's not a bad
score. However, just looking at PCI alone can be a little deceiving. There's more to it
than just that and we'll get to that here in a minute as well.
Percent of good roads is important. So typically the average we see is about 15 percent
of an agency's network will fall in the excellent category. That tells us if an agency has
an active, ongoing pavement management program and if they've been reinvesting in
the network. We can clearly see the town has. Now, the big question is, is it enough?
Is it enough investment to maintain existing conditions in the town? And we'll answer
those questions here, too.
Backlog is the last metric that we address. Backlog is all the big ticket work. It's your
expensive four-way construction and partial reconstruction activities. So basically,
everything below a 40 there, the poor and very poor roads that you see in the graph,
that's backlog.
Now, we can take it at face value and look at the graph, the town's backlog at the time
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of the survey was 5.44 percent. It's a wonderful number. Anything less than 10 percent
is considered financially ideal from a pavement management perspective. But one thing
I want to caution you on that you'll see in the analysis results, too, is that the roads in
marginal, fair and good represent roads that are at the steepest part of their pavement
deterioration curve and are degrading at their most rapid rate. So they are quickly
degrading into backlogs.
So as you move forward and forecasting, every year something else falls into backlog,
even as you fund money do it. So our forecast and modeling are going to review what
that backlog looks like over time.
Very quickly, typical distresses that we found in Fountain Hills, this is no different than
most other agencies we work with in the southwest. The most common distress we see
is weathering and block cracking, which are all environmental distresses. The roads get
basically, a sunburn. They oxidize over time. They become rigid, that's a very common
distress distribution that we see throughout the state, so nothing really major to report
there.
Something that I do want to point out that will become evident in the analysis results as
well is the distribution by pavement type. So the town has basically, two different
asphalt roads that we've categorized in the analysis. You've got pre-incorporation
asphalt. And then you've got just asphalt roads, which are roads built after
incorporation according to town design standards. Okay? And the pre-incorporation
roads, by area, only represent 34 percent of the town's roads. So it's a large portion,
but it's not the largest portion. The majority is the asphalt roads. I make that point,
which you'll see here in the next couple slides as to why.
Let's look at condition. So here you're seeing another PCI distribution graph. This time
I've broken it out by pre-incorporation and post-incorporation. You can see a noticeable
difference. So pre-incorporation roads have an average PCI of 56, and the backlog is at
14 percent. Okay, 14 percent from a backlog perspective tends to become alarming.
That becomes a maximum ceiling point that we recommend as consultants because as
backlog exceeds and approaches -- as it exceeds 15 percent and approaches 20 percent,
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it can spiral on you faster than you can pump capital into the pavement management
program. You just can't fund fast enough to keep up. So for the pre-incorporation
roads, they're at 14 percent now. The biggest worry though is, look at those marginal
and fair roads. Those are a whole bunch of pre-incorporation roads that are coming due
at the fastest rate of degradation for the pre-incorporation roads. So 14 percent, that's
going to grow a lot larger than that very quickly in the not-too-distant future. So your
margin and fair roads for pre-incorporation make up 51 percent of that pavement type.
If you look at the asphalt roads, network average 75, backlog 1 percent, margin and fair
only represent 11 percent. That's a beautiful distribution of pavement conditions on
post-incorporation roads there.
So we worked with the town. So we met several times to develop the maintenance and
rehab strategies that the town uses and that the town wants to use. And there was
extensive conversation over, what are those activities and what are they costing the
town? So there was a lot of thought and a lot of effort put into those costs, such that
we could model using those existing costs as defined. So we loaded all of that
information into the pavement management system.
I'm going to skip a couple of these slides for the sake of brevity, but just know the
pavement management program prioritizes and it optimizes selections. And everybody
always wants to know, well, why is that road picked and not mine. So the system uses
sound logic. And one of the biggest constraints that we learn on is called financial
optimization. We look at the cost of deferring every segment of road in the town. And
if the cost is too large, then it behooves us to capture that roadway now before it costs
more next year. So that's some of that financial logic that goes into that equation.
Of course, we use other constraints, too. So we don't only look at financial
optimization, we look at traffic volume on roads, arterial roads are going to have a
higher priority over collectors, over locals, based on traffic volume and sound pavement
management. Pavement type, asphalt is generally a higher priority than concrete
because of rate of degradation and whatnot as well.
So these are all the different priorities that we use to sequence selections that start
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answering the questions, well, why was that one picked and this one wasn't? So there's
a detailed matrix that gets involved there.
I'm going skip over this slide just for the sake of brevity. Apparently, I've been talking
too slow, Mr. Weldy.
Let's talk about today's needs of the pavement network. So right now, today, if we
calculate today's cost and if you were to write a blank check to fix all roads in like-new
condition, that magic number would be about $64 million, based on the unit rates that
we've programmed into the system. That means every road gets what it needs. Some
only need lightweight preservation, a slurry seal, a micro surface, something of the sort.
Others need a mill and overlay or a full-depth reconstruction. Okay, so that's just based
on that fix-all need as of today.
Couple things that are interesting within those numbers. I mentioned it earlier. Pre-
incorporation roads are only 34 percent of the network by area. However, 77 percent of
the fix-all cost that you see here are related to the pre-incorporation roads. And then,
also, 75 percent of the fix-all costs is related to full reconstruction of those pre-
incorporation roads.
So we can see, the pre-incorporation roads make up a large portion of the town's needs.
Not so by area, but based on condition and cost of remediating those particular roads.
So if we look at some of the budget analysis numbers, what you're seeing here, this is a
zoom-in snapshot of the town's budget. First thing you're going to notice, that the
town's budget is listed at 2.125 million. You know that is not the town's budget. The
town's budget is 2.5 million. However, we have removed 15 percent of that budget for
miscellaneous costs. So things like engineering and inspection and striping, other costs
that the town incurs that don't go to the pavement -- for pavement modeling purposes.
So that's why you see 2.125 there.
Another couple of things that are interesting. If you look at that graphic on the right.
That green line in the middle, second from the bottom, represents the town's existing
budget. You notice the first two years there's an increase in PCI. There's an upward
slope, upward momentum to it. That is a result of the CARES Act funding that has been
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programmed into these models. So this model already accounts for the $10 million
expenditure that is being programmed for FY '24 and FY '25 for the CARES Act funding.
So with the CARES Act funding and the town's $2.125 million budgeted, we could expect
current conditions to drop from a network average of a 69 to a 67 over the five-year
analysis horizon.
Another way to look at it, too, this is a typical budget graph. Looks at things from a
different perspective. On the x axis there, you've got an annual budget each year for
five years. On the y axis is the network average PCI score at the end of the five-year
analysis. The red line represent all of the different models that we ran to establish the
trend between funding and outcome of PCI. And we ran 12 different scenarios to
establish that trend.
The vertical lines are the ones that we wanted to display for you folks today. And I'll go
through those fairly quickly. The green line is your current budget. We know network
PCIs will drop to a 67 in five years. The more alarming fact is that backlog increased to
15.3 percent. That's a big jump in a five-year horizon, to go from 5 percent that it was
at, or the 4 percent that it was at to 15 percent. So we know there's a disparity if we're
just looking at PCI alone.
The gold line in the middle is to maintain existing network PCI. So the funding required
to maintain a 69 is on the order of 3.2 million, plus 15 percent for miscellaneous
expenses because that is not included in these models.
But here again, we're in a situation where backlog is still crept up largely to 12.5
percent. It's not controlling those fair and marginal roads that are at that steepest rate
of degradation.
So if you look at the purple line, this is what we'll a target backlog. I mentioned earlier
that anything less than 10 percent is considered financially ideal and healthy. So if we
were to control it at, say 8 percent, control the growth and backlog, that would require
$5 million a year, plus 15 percent to get that done. The net benefit is the network
average PCI jumps to a 72.
And the last one there on the right, someone always asks, well, what would it take to
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maintain our existing backlog? That number is $6.5 million per year is needed to
maintain the existing backlog at roughly 5 percent.
I think I already hit all these topics. We talked about 15 percent PCI and controlling for
PCI. I get ahead of myself sometimes.
I'm not going to go through this graph. This is a very similar graphic. We already
touched on all those profiles. The difference here, though, is on the y axis is the
network backlog percentage. So you see the line inverse. So you can see, as funding is
decreased, backlog begins to increase in the network. So the scenarios that are
highlighted here are the same scenarios that we just stepped through, but this graphic is
available for anybody to review such that you can see what happens to backlog over
time at different funding levels.
And with that, I'd be happy to answer any questions.
MAYOR DICKEY: Thank you. Yes, councilman.
FRIEDEL: Thank you, Mayor. Have we done any work at all, and maybe this is a Justin
question, on pre-incorporation roads at all in the history of the town?
WELDY: Madam Mayor, Councilmember, all of the roads within the town's network that
are not gated have received some type of treatment since incorporation. That includes
pre-incorporation roads.
Quick back history, so the town for many, many years inherited a zone approach from
the road district. That was a program that applied treatment every year over seven
zones. And so every single road in the town primarily received a little bit of asphalt
repair and some slurry. So yes, maintenance was done on the pre-incorporation roads
and some of it was extensive, where they cut and removed the intersection pavement
to repair it.
FRIEDEL: All right. I have another question then, too. Do we have any concrete roads in
this town?
WELDY: No, sir, we do not.
FRIEDEL: Okay. I know it's always cheaper, generally speaking, to go with asphalt over
concrete. Is there ever a time where that might change do you see or --
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WELDY: The initial cost for concrete is extremely high. But in the long term, it's
probably the best bet because it has a life span of 75 years or more, depending on the
climate conditions of temperature fluctuations of freeze/thaw.
FRIEDEL: Thank you.
MAYOR DICKEY: Vice Mayor.
MCMAHON: Justin. He just mentioned that $5 million is the minimum to keep up the
backlog, whatever. Even if you have that money or more, would you be able to contract
out for that? And if so, what year would that be able to start?
WELDY: Madam Mayor, Vice Mayor, we would certainly need to do some planning
using the Road Way Asset Services modeling and put together a multiyear, most likely a
three- to five-year horizon. Planning beyond that is very difficult because of price
fluctuations, inflation. It would probably take all of 18 to 24 months to put together a
comprehensive plan and put together modeling that would show an estimated number
of lane miles that could be completed in that timeframe.
The challenge that we face, primarily, and we're about to face that, the new year is
coming up, is $5 million is a lot of money. And because we have several very narrow
local roads, it requires the removal, completely, of those roads and digging down about
a foot or so, replacing the base and putting new asphalt. That is very disruptive to the
neighbors, the homeowners, trash, mail, you name it. So all of those activities have an
impact and all of those impacts take time.
Prior to, we reach out to every utility that may or may not have an interest or a utility in
that location. The ideal situation, while we're in there, allow them to replace their
facilities with updated facilities, increased time.
So there are challenges. And we're about to face one of the biggest ones next year. So
while we're certainly going to accomplish the goal that the Mayor and Council have set
forward, it's going to be a challenge.
MAYOR DICKEY: Any other questions or comments? Mr. Thomason, you mentioned
the cost of deferral and I'm really glad that you brought that up. Thank you, Justin,
because again, and I love that graphic that you had because people often see the roads
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that are kind of in bad shape and they're, like, well, why did we spend, you know, $1
million on Saguaro last year when it's like the best one, but this cost of deferral comes
into play in preserving roads that we had really just completed. And so I'm glad that you
mentioned that because it helps give a little rationalization for why you do those things.
So the 64 million, that is -- is that how you look at the 5 million a year? Or do you see a
scenario where we would be to a point of maintenance in five or six years, given,
maybe, some of the challenges of spending that much money per year.
THOMASON: Sure, so it all comes down to funding, So that fix-all scenario, just be very
clear about what it is, it's a snapshot in time as of now, using today's base rates as we
know them to be. So that's a $64 million fix everything, give something what it needs.
To get to a maintenance state, meaning maybe even elevating PCI, and controlling
backlog, is probably going to take a large influx of capital. Whether that's a bond
initiative or sale tax or something, there's going to have be where -- or if it comes from
the general fund, those are all things that I don't have purvey to. But funding is going to
have to be acquired in some manner to get to that maintenance point where we have a
higher PCI and a lower backlog.
Now, as you mentioned, and as Justin just mentioned, too, the challenge is getting that
work done, having the contractors on staff and available to do that. And also, not
disrupting the entire town all year long.
So those are challenges that go with it. Is it possible? Sure, anything is possible. But
the critical thing is that funding source. Without the funding source, nothing happens.
MAYOR DICKEY: Thank you. We started with pavement management what, 2008 or
maybe, but like you said, when we had the road districts, we had the zones. So now I
think we have come to the conclusion through experts like you and a couple others that
we've had in the past, that got us to the point of where -- at least where we need to go.
The getting there has been a challenge for us. We've had, probably five elections to try
to get there. Right off the bat, 1989 was when the road districts went away. They had
two attempts at property taxes that did not pass. Then we had some bonds, we tried a
larger bond package several years ago. Then we did Saguaro, which was a wonderful
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thing that did pass. So the problem isn't new to us. And we still will have to figure out
how to get to that maintenance point because, again, it is something that we've known
about and have struggled with for many years. Again, though, I appreciate so much
your input.
One other question about percentages, and this is a discussion that we've had pretty
much every year also, when you have, like, Shae Boulevard involved, or Saguaro now,
and they're in good condition, that can make the percentage look better than what
most people would think when they look through our town. So just so that they know
that. They're, like, well, this road I don't like, this road I don't like, but those are large
roads in good condition. So that -- our PCI, when you say, hey, it's 69, it's going to be 67,
but, you know, you look at it as a comparison, you know, it's not that bad. But we're
living with the reality of what we're living with every day, which are these mostly
neighborhood roads, I would say, that people notice and that concern them.
So I really appreciate that you were able to point all that out. And I -- oh, and all the
pre-incorporation roads, they don't all need total reconstruction. I think you had, like, a
78 --
THOMASON: Correct, yeah --
MAYOR DICKEY: -- percent. Or something like that.
THOMASON: --- they do not all need total reconstruction. The vast majority of them
do, though.
MAYOR DICKEY: Yes. Okay.
THOMASON: So as you saw by that distribution that's in there specifically for the pre-
incorporation asphalt roads, there is a large majority of them that fall below a PCI of 60.
MAYOR DICKEY: Okay.
THOMASON: As soon as it falls a PCI of 60, there's just not a whole lot you can do to --
MAYOR DICKEY: The numbers don't work out --
THOMASON: -- operate at that time.
MAYOR DICKEY: -- as far as what the --
THOMASON: Right. You get both ends.
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MAYOR DICKEY: -- treatment is. But there are times that it does. And we recently had
someone that was talking about how we had repaired a road in a way that they felt was
inadequate, but there are times that you do do that because you're not ready to do the
reconstruction, but it does help. It helps to fill the cracks. It helps to do that over, you
know, the sealing and such. So we have been doing that a lot and trying to prolong it. I
think some people my age can relate to getting the shot in the hip instead of the hip
replacement right away. And that's what we're trying to do here. And we've been
trying to do it for a couple decades. So really appreciate it.
THOMASON: Yeah. And that's very common. In the industry we call that a stopgap.
You can't always do what you need to do. We know that the sound engineering
decision is to do x rehab on a particular road, but sometimes a stopgap does need to be
employed as a result of that. So those are decisions that have to be made, for sure.
MAYOR DICKEY: Thank you so much. Allen, did you have any questions on the phone
there?
Maybe not.
MENDENHALL: Mayor, he's having difficulties. So we're trying to work out something
we can do for him so he can hear.
MAYOR DICKEY: Oh, thank you, Linda. So I -- just before we go to the next, I want to
thank you, Zac Thomason, and the -- Bart Williams (ph.), Scott Gordan (ph.), Raphael
Rivera (ph.), Mark Kramer (ph.), who were all on the team and we appreciate all of your
input and help with this.
THOMASON: Thank you so very much --
MAYOR DICKEY: Thank you.
THOMASON: -- for having us. Thank you.
MAYOR DICKEY: Thank you.
WELDY: Thank you, Zac. Madam, Mayor, the next presentation is going to be from
Mark Graham. He's part of what I would describe as an incredible volunteer group of 12
men that have spent the last 20 months working with town staff, Roadway Asset
Services -- let me make sure I get the correct one here. That's it -- and pouring over an
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incredible amount of data to bring to you their recommendations and their findings
tonight.
It would be difficult for me to explain how grateful I am as the Public Works Director and
the Town Manager for the amount of time these individuals have contributed to their
community. And that's what it's about. These gentlemen are all volunteers that
answered an ad from the town manager to help town staff and the mayor and council,
with this challenge that we've been wrestling with for many, many years.
I could name all of them, and we have done that in the past. Several of them have
asked that we not do that because they're not looking for the recognition. For anybody
that is interested, just need to go back a few council packets. Each one of them are
listed individually. With that, I would like to introduce Mark Graham. He'll do the next
presentation.
MAYOR DICKEY: Welcome.
GRAHAM: Welcome.
MAYOR DICKEY: Thank you.
GRAHAM: Thank you for allowing us to be here, Mayor and Council, Interim Town
Manager, thank you very much. Zac has gone over some of the things that I want to
touch on. Justin has touched on some things. You have asked intelligent questions that
will surely come up.
And so what I want to do, excuse me, what I'd like to do is to just sort of run through the
presentation. I know that -- is this being recorded? I think residents will -- probably will
watch this. And so some of this information I may say, is more for the benefit of the
residents, to understand how they fit in to this equation as well. Because it's their
streets, right? And so we need to make sure that we take care of everybody.
So just a real quick introduction about us. And this isn't the agenda item, I'm just going
to blow by this.
So the citizens are who make up this committee. And I think -- I don't think I can stress
that enough. We're not politically motivated. We're not agenda motivated. We're
people that drive on the streets that everybody else drives on. And so if you wanted an
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impartial group of people to take a hard look at it, these are the folks that live here, they
pay their taxes, they expect the best out of everything that the town has to offer. And
the town does offer quite bit.
And what's really unique, and when I joined this committee, I though, poof, boy I came
to the wrong committee. Because we have some very talented, educated people here.
You can see, civil engineers, municipal engineers, transportation people, road
construction, they were talking about stuff I had no clue what they were talking about.
However, I figured I could hang in with these guys for a while and maybe give a two-
cents worth.
And so we met regularly as Justin had mentioned, for over a year and a half. And we did
it also in person. We did it through subgroups that we had because there's a lot of
information to dive into. A lot of information. And some of us had expertise in some
areas and others in others. And so again, I just really want to emphasize that we, we
work for the community and our interests are for the community.
And the assignment that was really given to us was, as Justin mentioned, to report back
to the council with recommendations and funding options. And there were times when
we wondered how we were ever going to get there because it's so complicated. It's so
complex. It's so frustrating to try to get through all of this. But yet, it was very
rewarding and we enjoyed -- most of us enjoyed every minute of it. But we think it's
really good work that we've done.
And so we look at the -- I wanted you guys to understand the process. So we studied
and learned the history of our streets. How we got here. We analyzed previous studies,
one being the one that Zac just talked about. We physically inspected streets. We
analyzed standards that we had. We -- and the mayor had mentioned some funding
options that were before the citizens and town past.
So we've looked at all of these things. And it was really a challenge to try to figure out
where we go. But what we learned and what the streets are telling everyone that lives
here is that they're full of crack sand bumps and potholes. And we know that they need
attention. And they need the attention, not only in the work, but the attention of
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money to get us there.
And so that's -- that was a simple thing to understand. But yet, we fell back on to those
reports that were previously done, going back to 2008, Stantec, IMS, and now RAS. And
they, in a nutshell, have told us one thing. And that is, we need more money. We don't
have the luxury of a lot of money. So we have to think creatively. We had to think
outside of the box.
And the challenge for all of us on the committee was to say, okay, what can we do that
we haven't done before. And we think that it's really important that we take a creative
look at this. How did we get here with our streets? Well, it's been partly underfunding
for years. It's no fault of any councilmember or mayor or anything like that. It's just,
money only goes so far and you have to allocate it. And you can't take so much away
from one bucket to put it in another. And sometimes, those buckets don't intermix.
And that's important to understand. Certain monies are allocated for certain things. It
can only be spent for that. So why waste money on this when we could use it for our
streets? Well, we have to use it for that.
And so that's part of the learning process that we went through as a committee, to
understand those things. The early streets, as was mentioned, were not built great.
They were built to the standards at that time. Those standards have since changed, and
they've been upgraded. And as just -- Zac mentioned, the streets deteriorate. As soon
as they're completed, they start to degrading and they need attention on a regular
basis.
The citizens have not approved several past proposals that have been before us. That's
a -- delayed the process. And how the funds have been prioritized, I think it's really
interesting because Justin and his team have really done a great job. And I've got a map
that I want to show you here in a little bit. And I think it'll strike home, just how good of
a job that they've done in managing it.
Are some of our streets back? Yeah, absolutely. But they've done a really good job in
minimizing and working with what they had. Unfortunately, the bad news is that a lot of
the money has been allocated to some of our major streets, which raises our PCI, as was
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pointed out. But we realize that it's time for -- it's time for some action. It's time for a
different plan. And so part of the -- and this is where I want to refer to a map here. I'm
going to take you on sort of aerial view of the town. Zac had brought up, you saw this
map, but I'm going to -- woops. And we go here. All right.
I'm going to take you on sort of a fly over. So we talked about -- and Zac had mentioned
all the various levels of PCI ratings. And again, PCI is the quality of the streets, right?
But we found that, once you start digging in too deep, it gets really complicated. And
then it's just mind-numbing. Because we're simple people, at least I am, on the
committee we said, okay, let's simplify this. Let's look at the town -- I'm going to scroll
out here and move this way.
So we said, instead of looking at all these different PCI's, let's look at -- see if I can raise
this up so you can see it -- really three levels. The PCI of 70 and above, which happened
to be about the grade I would strive for in school, was okay. They were good. They
didn't need a lot of work. We can manage those. What we really need to pay attention
to are those fair to poor, and that's the fairest kind of in a category of 40 to 70 to keep it
simple. And I'm going to make it even simpler.
We said, everybody understands street lights. Green is great, we all love green. Yellow
is, I can beat that, maybe. And then there's the red, which we know are problematic.
So let's just kind of zoom over here to where we kind of all started building roads here in
Fountain Hills. And just for a reference point, we're at the corner here of Saguaro and
Shae. And you can see Shae is great. It's beautiful.
Over in this part of Fountain Hills, there's some really questionable streets that really
need attention. And the purpose of me going through this, is for you to try to get a
sense on a little more local level, little more area level, what streets we need to be
concerned about.
So down around Desert Canyon Golf Course, you can see a lot of old roads that are
starting to really come into question and as their viability and what can we do to save
them. You see a lot of -- quite a few numbers of red roads in here. All the way up to
around the town lake. And this is something that was pointed out, that I think is really
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interesting. And it goes to Councilmen's Friedel's point about saving streets.
This is kind of a northeast segment of Fountain Hills. And you can see a lot of green up
in this area. And many of those were pre-incorporated streets. And Justin, if I'm wrong
on any of this, throw something at me.
But a lot of these early streets were saved. And so the interesting thing about throwing
money into a sort of a borderline street, these yellow streets, is once you've done that,
a funny thing happens. The PCI rating goes up. So what -- these would probably be
yellow at some point or maybe even reds. With a little attention, a little work, they've
come up to a level that we don't really to worry about these street too much.
That make sense? Okay. And so you can kind of see as we fly over more towards the
school area, we still see quite a bit of yellow.
And so what I'm leading towards here is -- this is kind of the northwest area, which is a
fairly new area. But you can see areas like Golden Eagle -- this is Golden Eagle going up
here. Golden Eagle is getting in trouble and we need to pay some attention to it. It's a
big street, needs a lot of attention. But you can see some of the newer areas down
through SunRidge. You know, those streets are okay.
So again, If you look at a big map and you look at it all, it can be a little confusing. And
so what we tried to do is to break it down. And so our plan -- excuse me -- our plan was
to say, what can we do -- I don't know if I want this, Justin. Do we want this?
WELDY: No.
GRAHAM: All right. I see. I didn't do it anyway. I think I want up here. A little help
here, Justin. I'm a Mac guy, so I hate PCs. There we go. Okay.
So again, we tried to look at it and say, okay, what if we take a different approach here.
What if we look at not paying attention that much, we still need to service and maintain
the 70 plus roads, but let's really kind of look at these 40s or the -- everything below 70.
And that's purely kind of the strategy that we started looking at. Excuse me.
In 2020, he town had incorporated -- or had undergone some changes to how they
looked at roads and analyze it. And they basically put them into the bucket of arterials,
collectors, and locals. And these are the acceptable PCI ratings that we'll have for these.
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And while this was pretty good, it helped -- and as you saw from the map, there's a lot
of green on that map. And this strategy really helped bring some of those questionable
streets up to a PCI level that was helpful. But we're treading water and we're not
treading water very well because we're going under. We're taking big gulps of water in
here.
So what we really had to do was to say, okay, let's go back. Let's look at what the PCIs
really mean, A, B, C, D, and F, and we'll kind of go from there to come up with a plan of
action. And again, I think that one of the things that helped drive our PCI up on the total
networks is the attention that we gave to some of these long arterials and collector
streets that overall helped our PCI rating quite a bit.
So we said to ourselves, as Henry Ford said, if we always do what we've always done,
we're always going to get what we always got. We can't keep avoiding the fact that our
streets need work and we need the money to do that. And it's just going to get worse.
We can't keep doing that same plan.
And so what we did then, was to recognize that money is only part of the story. We
needed to have that plan. We can't continue to do the status quo. We have to come up
with something that's unique. Understand that the money for our streets come from
sales tax, general funds, et cetera, right?
We've had an influx, fortunately, this past year or year and a half, of federal funds.
Sometimes we get some state funds and grants. And county can throw some monies.
But these are not sustainable. We don't know how long they're going to last. We don't
know if we're ever going to get one again.
We can look to cut town services. That's always an option. It costs us in other ways by
cutting those. And it's a slower process. We just don't feel like, and we'll talk about it in
a minute, we just don't really feel like we can catch up by cutting, you know, a million or
a million and a half or two dollars, we're talking big, major bucks as Zac had referred to
here. It's like, we're out of time in talking about what we may be able to do on our
budget. We need to think outside he box. We need to get some more money. And
incidentally, as -- the importance of this backlog, I want to emphasize, and again, a
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backlog is one of those streets with a 40 or below. Well, that's great if you don't live on
that street. But if you live on that street, if you use those streets, backlog streets are
not acceptable, right?
So why should we tolerate, really, any kind of a backlog? Ah, it's probably going to
happen because streets are always declining, but our goal shouldn't be to have an
acceptable backlog level. Our goal should be to have great streets, the best that we can
provide to our citizens, whenever we can, and in an affordable way.
And so that's the other area that we looked and said, we've got to do more than what
we've just been doing. So our committee's report, and it's in a packet of information
that you've gotten or you will receive -- god, there's my high school education coming
out.
The committee's recommendation is to fix all, now. So what does that mean? And Zac
sort of referred to it. But what it really means is that we're taking this a little different
approach. We're thinking differently. And we said, okay, we're not going to repair
anything above 70 as I talked about, and let's throw our money at getting everything up
to a 70. So everything from 0 to 69, let's throw money at that. And it's a much more
realistic proposition than fixing everything up, rebuilding every street that needs to be
rebuilt.
And so how are we going to do that? And you know, we can do this in -- over a five-year
period starting in 2015 -- or 2025. So I throw this up to you for your consideration.
What we're looking at on this chart are a couple things. The C, D, and F streets, which
are the 70 and below, this is what, based on the RAS information -- let me rephrase
something -- this is really important. We think that not only do the pre-incorporated
streets, not all of them need to be completely rebuilt. We think that we can save those.
That quadrant up in the northeast area of Fountain Hills, a lot of the C, D, and F type of
work was done on those. And suddenly they're now much better streets. And the
citizens will be a lot happier, for sure.
But this is a breakdown of what we estimate the cost would be to repair the C, D, and F
streets with the service that we would put on them, or the repair that we would put on
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them. Still a big price tag. And they factored in the $8 million of the federal funds as
well.
So we're looking at a price tag of $36 million. If we go in and we fix our streets, I would
say for understanding, it would be kind of the El Lago type treatment. It was really bad.
And now it's really good. And the PCI rating on that is probably much, much higher.
And we think it's going to last.
So the idea is, get them up to 70 and then, with the $2.125 million maintenance budget
that we have, we believe that on an annual basis, that would not need to change. We
think that we can maintain the streets once they're up to a good level.
We think that we've got the data to prove it. And Mr. Butler (ph.), a member of our
committee, has tons of data if anybody wants to see. And some of the data is included
in your packet here as well.
So the other thing I want to point out on this particular slide, and one of the
conversations that we started having towards the end of the committee's work was,
what about our intersections? And this isn't just paving the intersections. This is fixing
those intersections that ultimately, probably need to be addressed with street lights,
four-way stops, round abouts, twirly Q's, whatever they might need, let's try to figure
out how we can address some of these major intersections and stop using the money on
capital expenditures out of the town budget.
Maybe these are possibilities for funding sources and take care of that. We estimate
that there's $9 million worth of intersection work, redesigning, and all of that. We add
in inflation, we're looking at a $50 million package.
Now, you can keep all of these. We could take some out. The other thing I want to
point out is the graph or the chart below that breaks it all down by the types of streets.
And one of the conversations that -- and the reason for that is, some of these -- some of
the -- depending on the funding source or how we come about getting money, it might
be more palatable for people to vote on smaller packages than a big $50 million
package. The downside to that is, if you don't get the whole enchilada, you know,
you're going to be a taco short of a full meal, right?
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And so you know, you almost have to spend this kind of money. So the important thing
here, or the really variable in this particular slide is the $9 million for intersections. And
we feel strongly that that's something that Council ought to consider. And none of
these things, obviously, we not going to be making decisions on tonight, but we want
you to have all the information that you need.
I want to make sure I don't run over too far on time here. So what are the options for
funding this sort of thing? And these are really the only -- the three or four things that
we can come up with.
We can cut to the town budget. As Zac showed you on that one chart, you can throw $7
million a year for the next five years and you're still going to end up with a 12 or 15
percent backlog. And I don't think we can find $7 million in our annual budget for the
next five or six years.
We can look at sales tax increases. Well, nobody likes to have a sales tax increase. We
already have kind of a high rate. We estimate, as a committee, we estimated it would
have to go up to over 4 percent starting now, in order to allocate enough funds on an
annual basis to pay for, like, $9 million worth of repairs that we would need for the next
five or six years to get to that $45 million.
Property taxes is always something that the town has never -- or town residents are not
fond of. Nobody likes to pay any kind of taxing. You know, the upside to the property
tax is that there's no interest involved for the residents. It's a little cheaper on an
annual basis for them.
And the third funding, and the funding that we're recommending is that we look at
some bond funding. And we put it up, you know, we could go back and look at, you
know, what 36 million is, 50 million, 45 million, there's a couple different options here.
But you know, the advantage for bond funding is that it goes away after a certain period
of time. And RAS, I know, can work with us and work with the town on telling us what
some options are for annual cost, both for residential and commercial properties.
Let's see, and I think that's, you know, that's pretty much all that I wanted to say. I
know I'm running short on time. And I know you've got your regular meeting to attend.
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Let me go back. And then, I just wanted -- just retouch, Zac touched on it. You've seen
this slide before. The pavement life cycle. The important thing to keep in mind here is
that every six to seven years, you need maintenance on a street. And what this
particular slide sort of emphasizes is, you start with the PCI here, it goes down over a six
or seven year period of time, you do the maintenance and then, boom, it bounces back
up again.
So this is what reinforces our plan. To get our streets up to a certain level with this bond
issue. Get the streets done. Then maintain them at the level that we can afford.
Hopefully, as we go forward, the town will grow and even more funds will come in. But I
think it's a very good strategy. Something that we haven't done before or haven't
considered.
And that's pretty much it. We think it's -- we feel strongly. It's really the only realistic
way that we're going to catch up on our streets. We can't keep doing what we're doing
because we know it's not working. And ultimately, we'll end up with a town with
excellent streets. And I've mentioned in previous presentations to council that I came
from a town that'll remain nameless, large town in southern Arizona, that has really
crappy streets. I mean, it's just awful. But they've done what most cities and most
towns do, and that's afraid to take action. And I just don't -- I didn't move to Fountain
Hills to sit here and watch it decline.
So I think the time is now I think the appetite for our citizens who now recognize that
our streets are decaying, I don't think a counsel meeting has erupted without somebody
talking about our streets and when are we going to fix our streets. And again, the only
streets that people care about are the streets that they live on and use. However, we've
got to sort of change that because the streets are a vital part of the community. And
whether you use a particular street or not, that's the price you pay for living in a town
like Fountain Hills.
We got to have good streets. You've got to get your mail delivered. You got to get your
Amazon deliveries made. Those all require good streets that you all have to use. And so
with that, I'll be happy to answer any questions or defer them to somebody a lot
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smarter than me.
MAYOR DICKEY: Thank you so much. Questions or comments, council? Any questions?
THOMASON: No?
MAYOR DICKEY: Is Allen there? Allen, do you have any questions?
Clerk’s Note: Due to technical difficulties Councilmember Skillicorn missed a few
minutes of the work session.
SKILLICORN: I'm going to hold back since I missed a few minutes of that. I don't want
him to go over something that has already been gone over. I had a couple questions,
but I can just run them by Justin. I'm fine.
MAYOR DICKEY: Oh, okay. Thank you so much. I know you don't want names
mentioned, but how about 45 years of business management, 40 years of
transportation planning, 36 years of design construction industry, 33 years of civil
engineering, 28 in road construction, 25 in project consulting, 20 years of home building
industry, 15 in project management, and 8 in design and roadway management. Those
are our citizens and I don't know how to thank you for all of this work. I'm sure we'll be
contacting you more, I mean, you're probably --
THOMASON: Sure. A few are in the audience, I could ask them --
MAYOR DICKEY: -- free for the summer, I see you all out there and these are
anonymous heroes. And but I think all of us would agree, and we're probably trying to
absorb it all -- a lot of this information right now -- that we are so grateful and to RAS
for getting all the information. And in a way that they could use and that they can
communicate to us. This is the first crack, the first bit of communication out to our
folks. And this is, I mean, timewise, we've got some time, you know, 5 million. And the
5 million really did us a huge favor this time. And I'm grateful to the previous council
that decided that we would put the huge bulk of that into streets. And grateful so much
to Justin for doing what he has been able to do up until this point. And also, Grady
Miller, Rachael Goodwin, Justin, of course, David Genover (ph.), Andy (ph.), Jeff Pearce
(ph.), and Angelo (ph.), and all who have helped so much over 20 months, whatever it's
been, because it's been a wonderful piece of work that you put in front of us. And
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more to come.
Any other comments or questions from anyone? No?
THOMASON: And I think --
MAYOR DICKEY: Oh, I'm sorry.
THOMASON: -- a number of the committee members have said, hey, if you guys need
more help, if we can do some other activities, you know, related to around the streets,
you know, we can, we can try to step forward and do some of those things. So it's a
good group of --
MAYOR DICKEY: Oh, we will. Yes, councilman.
FRIEDEL: Thank you again for all your effort and your work and your experience.
Mayor, I have a question for us. What's the next step here for us now?
MAYOR DICKEY: I'll defer to Rachael if you'd like, but in my opinion, we are -- we've got
months, we've got time, Rachael, do you want to kind of wrap it up?
GOODWIN: Sure. And it's a good question. I think the ball is in the court of council to
decide if there are questions that need their further -- is there further research? Is
there further need from the committee? If so, what is it? What does that look like?
And then, it's a matter of, if we want to move forward with a plan, which plan is it? And
which funding mechanism do you want to use? There probably needs to be further
discussion. If we go with the recommendation of the committee, which is to bond,
there is a timeline associated with that. We have already missed that timeline for this
Fall's election. So the soonest that could happen is next Fall. And that's again, and a big
assumption at this point, if we even wanted to do that.
So there would need to be a timeline put together. We would need to work with Linda
Mendenhall on some, again, those different benchmarks. How we would need to hit
those. And if that's not our funding mechanism, if we're going to explore other options,
we'll need to look at what that is. Is that deferring more from the general fund? Is it
looking at a combination of things? How do we want to do that? But I imagine this
items will probably need to come back in the Fall when the council resumes session for
discussion and further direction at that point.
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THOMASON: And I think I mentioned that RAS has mentioned that they can run a bunch
of different business models as well, or financing models as well. So do this, don't do
that, what happens here. And so you've got that -- I don't know if that's part of their
contract or an additional fund. But that's a resource that you may want to use. And
there's committee members who will be interested in helping promote whatever it is
that we want to the community, you know, in a nonpartial way. So that's available as
well. Thank you.
MCMAHON: All right. Thank you. To me, wouldn't we want to take a look at real
property tax because it would be constant influx of income and allocate it to the streets,
even though it might -- it would take a while to do that. At least that would be
continually funding our streets at the long term.
But I guess, before that, we may have to look at doing a small bond or something, you
know, to start off having more than -- you know, another $10 million or so to start out
while real property tax monies build up.
But as we know from past experience, our town complains about the town's incessantly,
however, they're not willing to pass what I think is a reasonable property tax in order to
fund that. So it's like a catch 22.
So the income that we get from in the budget, et cetera, we're never going to have
enough money. So I think it's something that, yes, we have to start a real hard
decision -- discussion right now and really look at the hard facts. And then, look at how
we're going to approach our community and how to realistically resolve it before it gets
worse and not better. That's my input.
MAYOR DICKEY: Thank you, Vice Mayor. Yeah, those will be the topics of discussion
that will come up, for sure. Anything else for the -- for this part of our evening?
MCMAHON: Also, thank you to the committee. I really appreciate it. I know it's a lot of
hard work and a lot of time went into it. So thank you.
MAYOR DICKEY: And their spouses. All right. Then, I think we'll -- you can adjourn.
We'll adjourn and we'll be back at 5:30, thank you -- 5:25.
[MEETING ADJOURNED AT 5:03 P.M.]
Having no further business, Mayor Ginny Dickey adjourned the Work Session of
the Fountain Hills Town Council held on June 20, 2023, at 5:03 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 Work Session held by the Town Council of Fountain Hills in the
Town Hall Council Chambers on the 20th day of June 2023. I further certify that
the meeting was duly called and that a quorum was present.
DATED this 22nd Day of August 2023.
_____________________________
Linda G. Mendenhall, Town Clerk
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL June 20, 2023
A Regular Meeting of the Fountain Hills Town Council was convened at 16705 E.
Avenue of the Fountains in open and public session at 5:27 p.m.
Members Present: Mayor Ginny Dickey: Vice Mayor Peggy McMahon; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth
Attended Telephonically: Councilmember Allen Skillicorn Staff Present: Interim Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall
Audience: Approximately forty members of the public were present.
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Post-Production File
Town of Fountain Hills
Town Council Regular Meeting
June 20, 2023
Transcription Provided By:
eScribers, LLC
* * * * *
Transcription is provided in order to facilitate communication accessibility and may not
be a totally verbatim record of the proceedings.
* * * * *
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MAYOR DICKEY: Now, we'll start a couple of minutes early, our regular meeting.
Welcome everyone.
Please stand for the pledge. If you'd like, remain standing for the invocation.
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 so much.
We have Steve Gay from the Fountain Hills Democratic Club and former airline pilot to
do our invocation tonight.
Welcome.
GAY: Good evening.
Through the millennia, we, as a society, have learned that the best way to govern the
people is for the people to govern themselves. In 1835, Alexis de Tocqueville, author of
Democracy in America remarked in amazement on this tendency of Americans to
participate in local government. He wrote, "How does it happen that everyone takes as
zealous an interest in the affairs of his township, his county, and the whole state as if
they were his own? It is because everyone in his own sphere takes an active part in the
government of society".
It's been almost 200 years and we; the people, have not let Tocqueville down when it
comes to our passion for self-governance at every level. Today, in this tradition, we
travel from our homes and businesses across the city to participate in this vibrant and
animated laboratory of democracy. Citizens, staff, and elected officials converge on this
chamber to work as one community, united and indivisible by nearly every measure.
Each of us arrives as individuals with unique ideas and experiences and we all have a
desire, in the spirit of goodwill, to accommodate the needs of others. Citizens request
assistance and offer their concerns. We are ever grateful for their interest and for their
trust in the process. Our staff provides expert advice in their particular field and we
truly appreciate their continued service. Elected officials listen, debate, and choose the
path forward for all of us out of a sincere desire to serve and honor the people of
Fountain Hills , all while shaping its future.
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We offer our thanks to these public servants in that often thankless task.
When we leave this chamber tonight, let us carry with us this same spirit of service and
goodwill tomorrow and every day that follows. This is how we assemble to serve and to
govern ourselves.
Thank you.
MAYOR DICKEY: Roll call, please.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Here.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: Here.
MAYOR DICKEY: Councilmember Friedel?
FRIEDEL: Present.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Present.
MENDENHALL: Councilmember Toth?
TOTH: Present.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Here.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Present.
MENDENHALL: Anyone wishing to address the council regarding items listed on the
agenda or under call to the public, should fill out a request to comment card, located in
the back of the council chambers and hand it to the town clerk, prior to consideration of
that agenda item. When your name is called, please approach the podium, speak into
the microphone and state your name for the public record. Please limit your comments
to three minutes.
It is the policy of the mayor and council to not comment on items brought forth under
call to the public. However, staff can be directed to report back to the council at a
future date or to schedule items raised for future council agenda.
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MAYOR DICKEY: Thank you, Linda.
We'll start with our reports by the town manager and councilmembers.
Town manager?
GOODWIN: Thank you, Mayor.
Tonight I have two updates and they both are recommendations and kudos to our staff.
Our first goes to our planning staff. By state statute we have to do an update on our
general plan and its status. And that's part of our consent items tonight. It's not
something we're going to talk about, but I do want to commend staff on doing a
fantastic job on that report. And recommend, if anyone is interested, it is in our packet
so you can find it online. Again, it's a report that talks about the progress and the
implementation of our general plan. It's a ten-year plan. It's easy to, sort of, put a plan
on the shelf. That is not what we do with this and staffs done a great job putting that
together. So I commend them.
I also want to pause. I know we're going to talk about parks and recreation month a
little bit. But I wanted to commend our community services staff on a number of
successful programs this summer. We get told that there's not a lot to do here in the
summer, it gets quiet. And both our rec staff as well as our community center staff put
together a lot of programs to fill up that void to make sure that we have a lot of
activities. So we just had our pizza party. We're getting ready to have our ice cream
social over at our community center. And then Saturday night we just hosted our party
in the park, where we had almost 200 residents out at our parks, enjoying some games
and activities and stargazing. And then we have a number of programs, including our
wacky wet Wednesday and our splashpad summer series.
So if you're not familiar with those or if you're looking for something to do this summer,
I highly suggest hopping online and checking those out. They're really fun.
MAYOR DICKEY: Thank you.
GOODWIN: Thank you.
TOTH: I have no report this week, Mayor. Thank you.
MAYOR DICKEY: Okay.
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GRZYBOWSKI: I attended the Arizona Alliance for Livable Communities meeting. They
define themselves as a group of volunteers that work at the intersection of planning and
public health. They just won the 2023 Trails for Health award from American Trails in
the advancing trails awards program. So that was kind of cool; it's also a mouthful if you
have to write it down.
We had the Arizona League budget finance and economic development committee
meeting where we discussed resolutions that we think makes sense to follow and hope
that our state legislators take a hold of. And I think we've got a couple of good ones
that are coming before your committee at the league conference this year.
Also, I had an opportunity to meet with Jen from Cox Communications, where we talked
about some of the things that Cox is working on, including their grant program and any
upcoming system upgrades. And that was my past however many weeks that was.
MAYOR DICKEY: Councilmember.
FRIEDEL: Thanks, Mayor.
Just a couple of updates from around town. I've been out to Golden Eagle Park a couple
of times this week and watching them replace the lights out there. So it's kind of
exciting to see that project progressing. So good job on that, Rachael, and your parks
people.
And also had the opportunity to go by the skate park again, which isn't officially open.
However, it's been very busy down there. And also, just a little reminder that our grand
opening is this Saturday night, right? 6:30 at the skate park. So the town did a great job
of renovating that and it looks great and it's going to be an exciting night out there. So if
you're not doing anything, pop on by.
Also, staff and I met out at Adero Canyon. We received -- well, I received several
comments from people about parking out there at Adero Canyon, at the trailhead. So I
met with staff out there and we went over a couple of different options out there and
the staff is, right now, gathering some data and will come back with some options as to
addressing that issue out that. So I appreciate the staff’s time and patience with me out
there.
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So that's all I have Mayor.
MAYOR DICKEY: Thank you.
KALIVIANAKIS: Thank you, Ms. Mayor. Thanks everybody for coming out this afternoon
to support your Cottonwoods maintenance district and your town council. We really
appreciate this. Fountain Hills is blessed to have such an engaged citizenry. And I also
would like to thank everybody in Cox Channel 11 in livestreaming it on YouTube, for
attending our meeting tonight; very important.
Two weeks ago I attended the League of Arizona Cities and Towns public safety military
affairs and courts policymaking committee. This committee is to revive an opportunity
for the city and town officials to form across the state to provide expertise and direction
on the policy issues that come before the league.
This week we discovered body scanning machines. They're currently prohibited by state
law from being in jails, even though it's in prisons and other forms of coverage, and so
we voted unanimously to include body scanning machines in jails for the protection of
the corrections officers and the intake staff. And so that will go -- that will wend its way
through the system now.
I also was fortunate enough to attend the state of the chamber breakfast this past week
with our CEO and president Betsy LaVoie. It was a very good event. She described the
state of the chamber for the past year and what's coming up in the future. It was a very
interesting, very fascinating presentation.
I also had a chance to meet with Attorney General Kris Mayes, the Attorney General of
Arizona, a very fascinating woman, and I had very good conversation with her. She's
very interesting.
I also had a chance to go to Sheriff Joe Arpaio's 91st birthday last week. And no matter
what you think of Sheriff Joe, I think we all aspire to get to be 91 years old. So
congratulations, Sheriff, on that. And apparently, in the Fountain Hills Times today they
had a report on a racehorse that was named after Sheriff Joe. So I'll have to track that
progress and maybe place a wager or two to see how his racehorse does.
So anyway, that's all I have for you this week. Thank you very much.
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MAYOR DICKEY: Thank you.
Councilman Skillicorn?
SKILLICORN: No report at this time.
MAYOR DICKEY: Thank you.
There was a behavioral health fraud meeting with the governor's office on the phone
with AHCCS also. It was very informative as was the Chamber breakfast. Kris Mayes
talked about that and the crackdown on that. And then also fentanyl, border, and
senior fraud, and AI issues. So there was a lot going on.
I'll get to be part of what they call an, "experts within presentation" representing the
Town of Fountain Hills, to visitors at our Dark Sky's nationally recognized exhibit at the
Smithsonian in D.C. next month. I'm going to be bringing brochures and t-shirts. And
Beau (ph.) has been getting a lot of town stuff together, for me to bring. I'll have like a
kiosk and so I'll be pushing for Fountain Hills and our dark skies.
While we're there, we'll go to the National Museum of African American History. I want
to mention, Abraham Lincoln gave the emancipation proclamation on January 1st, 1863,
which freed the slaves under Union control. But slavery remained in Confederate states
until the Union troops arrived. So on June 19th, 1865, they went to Texas which was the
westernmost state and on that day, 250,000 enslaved people were freed by executive
decree and that's the celebration that became known as Juneteenth, and that was
yesterday.
So I have three proclamations. I'll point them out and then I'll come down one by one.
The first one is the parks and rec month proclamation. And I think I'll be giving that to
Kevin Snipes and some other folks from the department that I see and Sruti Peddi, who
is on our community services advisory commission.
Next, I would be giving one for professional engineer's day proclamation and I have to
say the language, when I got it sent to me was on an email with graph paper stationery.
So I'm wondering who sent that to me, David. It's a very, very -- well, it was nice.
The last proclamation is going to be the Coast Guard Auxiliary. I'll be presenting that to
some folks, Division Commander John Dootson, and I'm going to ask Councilman Brenda
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Kalivianakis to come down and join us for that one because she is a member on the
Auxiliary, so.
Parks and rec, come on up.
I'll read it; you hold it.
With the big writing here. So come on, come on, guys. Very nice.
All right. Whereas parks and recreation is an integral part of communities throughout
the country, including the Town of Fountain Hills, and whereas parks and rec promotes
health and wellness, improving the physical and mental health of people who live near
parks, and whereas parks and rec promotes time spent in nature, which positively
impacts mental health by increasing cognitive performance -- really? And well-being,
alleviating illnesses such as depression, attention deficit disorders and Alzheimers; and
parks and rec encourages physical activities by providing space for popular sports, hiking
trails, swimming pools, and many other activities designed to promote active lifestyles
and ensures the ecological beauty of our community. Providing a place for children and
adults to connect with nature and recreate outdoors.
And whereas parks and rec is a leading provider of healthy meals, nutrition services and
education and parks and rec programing and education activities, such as out-of-school
time programing, youth sports and environmental education are critical to childhood
development.
And whereas parks and recreation increases a community's economic prosperity
through increased property values, expansion of that local tax base, increased tourism,
the attraction and retention of businesses and crime reduction -- it's quality of life,
right?
And parks and rec is fundamental to environmental well-being of our community and to
the essential and adaptable infrastructure that makes our community resilient in the
face of natural disasters and climate change. And whereas the U.S. House of
Representative designated July as Parks and Rec Month, therefore let it be resolved that
the Town of Fountain Hills council, July is recognized as Park and Recreation month,
recognizing the benefits derived from parks and recreational resources.
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There you go.
SNIPES: Thank you.
MAYOR DICKEY: Well you have to say something.
SNIPES: Well, this is just some of our staff that's here tonight, but I wanted to bring
them up. And I can't tell you how hard all these people work to provide the fantastic
parks, rec, community center, senior services, volunteers; they do it all. So it's definitely
a team effort. We're a small group but we do a lot for the town. As Rachael was saying
earlier, there's a lot to do. You just have to take a look on our website and you'll see
that there's plenty to do all summer long. Come on out and join us.
MAYOR DICKEY: Thank you. You have a picture?
Next, I think we'll have David come up and yes. Andy? All righty. You can do the honors
there.
Whereas licensed professional engineers have impacted our world in extraordinary
ways from the clean water we drink, to the roads we travel, the energy we use, the food
we eat, the clean air we breathe, and the cars we drive. And whereas, Arizona licensed
professional engineers have made significant contributions to our town, our state, and
our nation; and whereas the economy has grown, in part, because licensed professional
engineers have been and continue to be instrumental to our community through
application of their engineering knowledge and skills. And whereas August 2nd, 2023,
has been declared Professional Engineer's Day by the national society of professional
engineers, an organization of 35,000 that represents the interest of licensed
professional engineers in all 50 states and three territories. And since 1949 the Arizona
Society of professional engineers has actively promoted and advanced the interests of
licensed professional engineers for the betterment of public health, safety, and welfare
through ethical conduct and professionalism.
So now therefore, I, Ginny, Mayor of the Town of Fountain Hills, proclaim August 2nd,
2023, as Professional Engineers Day in Fountain Hills and call upon citizens, parents,
public and private agencies, businesses, hospitals, and schools in the town to join with
the Society of Professional Engineers in supporting efforts to increase public awareness
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of the valuable service that licensed professional engineers provide to our community
for the betterment of public health, safety, and welfare for all.
Thank you. You have to say a few words.
JANOVER: Thank you. Thank you.
On behalf of the National Society of Professional Engineers, the Arizona Society of
Professional Engineers, and all licensed professional engineers, thank you for this
recognition. Personally, it has been a privilege to serve our citizens, the Mayor, and
council with our prime responsibility to keep the Town of Fountain Hills safe,
operational, and beautiful. I, along with our director of public works, Justin Weldy,
assistant town engineer, Andy Whistler, PE, our street superintendent and street crew,
our facilities manager and our engineering inspector, value the opportunities to
collaborate with the town manager, other town departments, and professional
engineering consultants to design and oversee town projects that not only enhance the
Fountain Hills experience for our citizens and visitors, but most importantly, protect the
health, safety and welfare of the public.
As a licensed professional engineer, I have a solemn obligation to do so, which I proudly
submit to. So I thank you for your trust in us and the continued opportunity to utilize
our experience, knowledge, and skill in discharging the duties as your town engineer
and assistant town engineer. And for the recognition of Professional Engineers Day.
So thank you.
MAYOR DICKEY: All right.
And thank you.
JANOVER: Thank you.
MAYOR DICKEY: Thank you, guys, so much.
All right. Now, National Guard folks, come on up. Coast Guard. All right. I'm sorry
about that. There you go.
So Mr. Dootson, correct?
DOOTSON: Yes. That's right.
MAYOR DICKEY: All right. Come on up here.
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DOOTSON: Thank you.
MAYOR DICKEY: You're the division commander, correct?
DOOTSON: Division commander. This is Penny Goode, she's our flotilla commander.
MAYOR DICKEY: Welcome. I'll read this now.
Whereas, on June 23rd, 1939, the United States congress authorized the formation of
the coast guard's volunteer reserve and whereas the Coast Guard Auxiliary has --
You're supposed to come down here.
KALIVIANAKIS: Oh.
MAYOR DICKEY: I said the word "auxiliary" and it reminded me.
Coast Guard Auxiliary has grown and evolved remarkably over the last eight decades as
an organization of enthusiastic volunteers dedicated to the promotion of recreational
boating safety throughout the United States and its territories. The men and women
who serve in the auxiliary have selflessly devoted time, skills, and expertise across an
increasingly diverse array of roles and missions to assist the coast guard and to preserve
and protect our nation's maritime interests. And whereas the Coast Guard Auxiliary and
its 127 members throughout Arizona dedicated in 2022, in excess of 18,600 volunteer
hours, performed over 400 vessel safety checks, and assisted in distributing over 800 life
jackets. And whereas the Coast Guard Auxiliary's service and strength are defined by its
core values: honor, respect, and devotion to duty and their motto is semper paratus.
DOOTSON: Always ready.
MAYOR DICKEY: Always ready. And whereas the Coast Guard Auxiliary part of Team
Coast Guard, actively patrols Arizona waterways, along with performing shoreside public
affairs and recreational boating safety missions in the interest of recreational boating
safety.
So therefore, I, Ginny, recognize Friday, June 23rd, 2023, the 84th birthday of the U.S.
Coast Guard Auxiliary as Coast Guard Auxiliary Day in the Town of Fountain Hills and call
the observance to the attention of our citizens.
Thank you. We're going to clap and then you say something.
DOOTSON: I want to give big thanks to Fountain Hills resident Jack Pauly who is the
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immediate past vice division commander for organizing this and doing the first -- this
will be on Friday. The 23rd will be the first time that we've celebrated a Coast Guard
Auxiliary Day. About two years ago we did Coast Guard Day, which was August 4th, the
birthday of the Coast Guard. But this is the birthday of the Coast Guard Auxiliary and it
started 1939 as boaters helping boaters. And a lot of people think, what is the Coast
Guard doing in Arizona? Everyone always asks who do you fly for? No, we're not pilots,
we're the Coast Guard Auxiliary. So there's three branches, or three legs of the Coast
Guard. One's the active duty folks, one's the reserve, that you're familiar with. And
then we're the civilian component, non-uniformed component; we help out.
There's only five active duty Coast Guard people in the entire State of Arizona.
So we go ahead and we do the things like the boating safety patrols and give our life
jackets and whatnot. But one of the neat things we do is I'll have Ms. Goode talk about
it. She's the head of the band flotilla and we're going to have a performance on Friday.
GOODE: Thank you, Commander.
Yes, I'm Jenny Goode and I'm the flotilla commander of 10-03. We are the Arizona band
flotilla, and we perform throughout the Valley and even in places like California. We
serve our veterans and we perform at patriotic events; and we're proud to do so.
So --
DOOTSON: So come out this Friday.
GOODE: Yes.
DOOTSON: 8 o'clock.
GOODE: Yep. You'll see us there.
MAYOR DICKEY: Anything you want to say, Brenda?
KALIVIANAKIS: Just thank you, Ms. Mayor, for your participation in this beautiful
ceremony. We really appreciate it. And for the 21,000 Coast Guard Auxiliaries out
there, we give you our thank you.
MAYOR DICKEY: Thank you.
Vice Mayor will be at that event. I'm going to be away. So looking forward to hearing
about it.
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All right. Our next -- we have no presentations.
Next is call to the public. Do we have any speaker cards?
MENDENHALL: Yes, we do, Mayor. We have three speaker cards at this moment.
First up is Crystal Cavanaugh. And on deck is Matthew Corrigan.
CAVANAUGH: Good evening, Mayor Dickey, Vice Mayor McMahon, Councilmen Friedel,
and Skillicorn on the phone. Councilmember Kalivianakis and Toth, and of course, our
sis, Councilwoman Grzybowski.
Thanks to those of you who did put residents first, whether you really wanted to or not,
by voting to oppose the mountainside rezone. Although, a biased, inaccurate article in
AZ Becks (ph.) followed, which mischaracterized our town as antidevelopment by the
developer, his attorney, our own councilwoman who spoke of fixing it with a revote, and
from our own chamber leadership who used the word "stagnant" to describe Fountain
Hills. When I last looked, there were several ongoing projects and developments here.
And no problem selling our beautiful homes to newcomers here in Fountain Hills for a
nice price.
Maybe we just like selective development for our unique topography and scenic views,
instead of towering urban studio apartments that diminish our neighborhoods. So on
this topic, regarding the Sendero's property, the town needs to stick to its existing
regulations without waiving any requirements or making special deals. I certainly wish
Mr. Wesley would have been more concerned with the impact on residents in my
neighborhood before approving the rooftop pergola monstrosity on Catclaw, that sits at
least 30 feet into the air in Sunridge Canyon.
I expected that a request to rezone the Fountain Area hotel into apartments would be
on the agenda tonight when I left last month's P&Z meeting along with a request to
expand the number of people in a neighborhood community residence.
The operators there want an SUP to allow 16 people plus staff. This would actually
double what our current ordinance allows. This simply lines the pockets of the
operators with excess money but would not improve the care of the current ten elderly
residents in this residential neighborhood home. At ten, they were already
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grandfathered in from the current code. Hopefully, when either issue comes before
you, you will again put residents first.
With regards to any hotel rezone, look down the road at the consequence of getting rid
of the only downtown hotel, while at the same time bringing in a Dark Sky observatory
tourist destination all while striving to accrue economic development. Stand strong
against any developer that threatens the hotel could be used to house illegals or the
homeless if apartments aren't approved. We do, indeed, need to monitor that issue
though, because hotel vouchers for the homeless was already a topic by our state
government. The governor actually vetoed a house bill that tried to protect our tourism
industry from these vouchers.
Please continue to consider our residents and unique community first. Just because
other places allow things to happen does not mean it's right for Fountain Hills. We do
not need to unnecessarily bring the insanity of other locations here.
Thank you very much.
CORRIGAN: Madam Mayor, Councilmembers, Matthew Corrigan, home owner of
Fountain Hills. Really two subjects or topics tonight, and one is, rezoning or zoning. And
let me start with the first. So later tonight the council will hear from a rezoning
applicant who wants to expand a single-family residence, which I applaud. But they do
so wanting the council to set a precedent by changing open space to single family
housing for the purpose of enlarging the property. Does this then open the door to
others who expect similar rezoning preference for home additions? Just a question.
Second topic, number two. The council plans to discuss the problem of vagrancy under
the misnomer of homelessness. I would caution the council from aligning with MAG
human resources program and their new director and former Phoenix city manager, Ed
Zuercher. I do not know and have not met Ed Zuercher, but I do know the failed history
of Phoenix lawless, crime-ridden, massive city government approved, slum encampment
known as The Zone in Phoenix. This increased under the watch of Ed Zuercher.
Please align and support organizations that have success with substance abuse and
mental illness. Phoenix Rescue Mission, for example, might be one that comes to mind.
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They are a 501(c)(3) crisis center charity with a 91 percent charity star rating.
Government solutions offer a carrot without a stick. In other words, all participants are
rewarded for failure to change, rather than rewarded for success. That's a problem.
This is all done at taxpayer's expense. MAG human services' goal, according to their
website, is "support progress in creating an equitable human services delivery system
for marginalized populations, incorporating perspectives of people with lived experience
as well as perspective reflecting diversity and inclusion of race, ethnicity, religion, sex,
disability, age, gender identity, and sexual orientation".
I have noticed a consistency with government program solutions on any issue. Number
one, success is measured by the number of participants in the program. Number two, if
the government program fails, more taxpayer money is poured into it. Number three,
government programs never get smaller or go away, they only grow and create more
bureaucracy. Four, government officers in bureaucracies are not elected and not
accountable, really, to anyone.
I've also noticed that cities and towns that create ordinances to discourage vagrancy
and then enforce these ordinances, have less vagrancy, panhandling, loitering, and
illegal camping.
Thank you.
MENDENHALL: Next we have Lori Troller.
TROLLER: Hello. Mayor, council, Rachael, Aaron. Rachael, you mentioned general plan.
I just want to bring this up real quick. There is a state requirement that
telecommunication-type ordinances comply with our general plan. And our general
plan has zippo in it for telecommunications. Doesn't mention towers, anything. There's
nothing in there. So it's not in the seven strategic plans either. So those need to be
updated.
The other item is: can we get an update on the actions taken from the interview, the
lawyer interviews for the broadband stuff? I know I'm not going to get an answer, I'm
just putting the question out there.
Thank you.
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MAYOR DICKEY: We will be --
GOODWIN: I think a press release just went out.
MAYOR DICKEY: A press release?
GOODWIN: Um-hum.
MAYOR DICKEY: Okay. It already was put out?
GOODWIN: Um-hum.
MAYOR DICKEY: Okay. That it?
MENDENHALL: Yes. That is it.
MAYOR DICKEY: Thank you.
So Lori, there was a press release put out. Okay, thank you.
All right. Our next is our consent agenda. Can I get a motion, please?
MCMAHON: Move to approve the consent agenda.
FRIEDEL: Second.
SKILLICORN: Madam Mayor?
MAYOR DICKEY: Oh, yes. I'm sorry. Yes, Allen?
SKILLICORN: Yes. Madam Mayor, there is an item that I would like to take off of it, to
discuss. It's the one about transit.
MAYOR DICKEY: Okay. So we can approve the consent agenda, items A, B, and C. And
we have a second. All those -- roll call, please.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Aye.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Aye.
MENDENHALL: Councilmember Toth?
TOTH: Aye.
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MENDENHALL: Vice Mayor McMahon?
MCMAHON: Aye.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye.
Thank you. So as per our rules, the first item will then be -- what was the previous
consent agenda, Item D, which is about approving our IGA with our PTA, Valley Metro.
Rachael?
GOODWIN: Thanks, Mayor. I'm actually going to ask David Trimble to join us. He kind
of is our liaison for our Valley Metro relationship and I think he can probably outline this
pretty quickly for us.
MAYOR DICKEY: And Allen, step in if you have any, like, specific questions, please.
TRIMBLE: Sure. Yes. This is to kind of continue with the status quo from what we've
been doing since approximately 2014/2015. And really, we updated the bus service in
2021, kind of as a pilot program. So the town has their two essential transportation
services. One's the express bus service. It travels in the morning, twice; and then brings
folks back in the afternoon. And then the other program that the town has is the
RideChoice program. That's the on-demand service where folks with either disabilities
or over 65 can request a ride through either Uber or Lyft or the contractors that Valley
Metro has.
Currently, these programs are funded through PTF monies and that's the Prop 400
monies, and then through the Arizona Lottery Fund. So there's no general fund monies
that are outgoing at this time. Down the road, if the RideChoice program continues to
increase, we may want to look at that because it will potentially outstrip the monies
that are coming in from those sources.
I project that would be about, maybe, four years from now. But that assumes
everything stays the same. If more people play the lottery, maybe we'll get more
income. But -- that was a joke. I don't think there'll be that many people playing the
lottery. Yeah, as status quo, probably, we'd want to look at things in three years to see
what, if anything, we want to do differently there. That's kind of the background in a
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nutshell.
MAYOR DICKEY: Councilman, did you have a specific question about this item?
SKILLICORN: Well, I think Director Trimble, he did answer one of the questions. But I
just want to confirm, especially based on our previous town manager saying like lottery
funds fund these. And I'm a big fan of the RideChoice. I think it provides a good service.
But the bus line, I have not seen a whole lot of use of it. I personally have tried it three
times and I've been the only person on there. Frankly, I think those busses sit there and
idle for a couple of hours every morning. But I see here that it was estimated that there
was 36 people that were going to ride it and it turns out there might be one.
So the question I have is -- and this might just be an accounting -- how this was
accounted for. But under the headline of the PTF it mentions the town amount is
approximately $82,000 a year. Now, is that just a passthrough from the PTF funding or
what is that?
TRIMBLE: Mayor, Councilmember, the town does receive a total -- again, it can vary.
But year-to-year it's been approximately 82,000. 65,000 or so, is allocated to the 515
bus service. And then the balance of that goes toward the RideChoice program for that
total of approximately 82,000 that's coming in. So that can be used for both of the two
sources or the two programs.
MAYOR DICKEY: Councilman, when we --
SKILLICORN: So just to clarify --
MAYOR DICKEY: Go ahead. Go ahead.
SKILLICORN: Madam Mayor, Director Trimble, just to clarify that. $82,000 total and it's
all PTF. And the bus amount of that is 65,000; is that correct?
TRIMBLE: Yes. That's correct.
SKILLICORN: And Madam Mayor, Director Trimble, can we use that $65,000 to anything
else?
TRIMBLE: It gets a little complicated. I would ask Valley Metro -- we might want to
contact them. I reached out via email. It does sound like we can potentially redirect
that towards, potentially, the RideChoice program. As long as the RideChoice program
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continues to have the ridership that it does or the usage that it does. So I think -- and it
gets a little murky with the different funding sources. But I believe that that could be
done.
MAYOR DICKEY: I wanted to mention, Allen, that when we first had this -- well, for years
the route was going into Scottsdale over by the library. But then, we tried this not that
long ago, to try to have it go to the Park-and-Ride, hoping that that would increase some
of the ridership. I think some of it is that people don't know about it and obviously, it's
one of chicken and egg things too, when you only have the couple of trips in and out.
But it's something that we should take a look at. I think that we can do that.
TRIMBLE: And we also -- if I may. We implemented it -- I think we started it during
COVID. And I think a lot of the transportation, public transit stuff, ridership decreased
during that time frame. So probably a combination of things. I don't know but that
could be a contributor too.
MAYOR DICKEY: Councilwoman?
MCMAHON: Thank you very much. Being on Valley Metro board we have a brand-new
CEO, Jessica Mefford-Miller. She has been really, really proactive with Valley Metro.
Getting it out there and getting more advertising, letting communities know what
services they have, what's available in their community, allocating funds, et cetera. So I
think that there's going to be a lot more information out there and a lot more of our
community will become aware of the public transportation services that we provide.
Plus, as a growing community, I think that the bus ridership will change based on that
too. And also, I know that the rideshare program is really, really appreciated and I have
to say that I'm impressed because Jessica rides the bus transit into work whenever she
can and that's -- she does it almost every day. So she walks the walk and talks the talk.
So it's good.
MAYOR DICKEY: Councilwoman?
GRZYBOWSKI: Councilman Skillicorn, can I ask -- can I ask Councilman Skillicorn a
question? When you tested your bus did you test from -- where did you start? Did you
start from here in the morning and travel out? How did you travel?
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SKILLICORN: Madam Mayor, Councilwoman Grzybowski, I went twice from the library
to the Mesa Park-and-Ride and once, in the evening, took the Mesa park and ride back
north to the library.
GRZYBOWSKI: My fear is that's against traffic. Before we make a decision to pull this
kind of thing, I think we need to talk to our local businesses because our local retail
workers and restaurant staff cannot afford to live here. Remember that time I stalked
my neighborhood and watched the cars and the people come and go. There are two
people that I know took the bus, that walked into my neighborhood in the mornings and
out of my neighborhood in the afternoons because they had to go catch their bus. So I
kind of feel like that's against traffic. That maybe it's more people coming into town in
the morning and going out of town in the afternoon, is my guess; just based off of my
very brief surveys in the heat of the day stalking my neighbors.
So I do feel like we should talk to our local businesses to see how their staff commute in
and out before we make this kind of decision. Not that we're planning on doing it now.
I'm just saying we need to keep that in the back of our mind because I do know of two
people that live in my little, tiny hood that use it regularly.
MAYOR DICKEY: Thank you. Councilwoman? Vice Mayor?
MCMAHON: Isn't there a time frame in order to change anything? Like a year or
something like that? It takes a while to make a change, correct?
TRIMBLE: I asked that question of Valley Metro and have experience when we changed
the route last time. They say a six to eight-month time frame. They do the changes --
implement changes twice a year: April and then October. And you really kind of have to
have it set up more or less a year in advance. You kind of want to have those decisions
made around a year in advance. So it's a topic, maybe we can bring back at another
time or maybe at the retreat or whatnot, to get some more information on that if we
want to look at that.
KALIVIANAKIS: Thank you, Ms. Mayor.
Thank you very much for your presentation. My question is brief. I'm a little hesitant to
rely on anecdotal evidence as far as ridership is concerned because I think you can
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pretty much prove anything you want to prove with anecdotal evidence. Do we have
any hard data on ridership for both programs? And particularly in light of the fact that
we could be on the hook financially in say, four years from now, that we could actually
track this data and find out who's riding it, how many are riding it, what are the costs
going to be eventually to our community?
TRIMBLE: Yeah. The bus is a fixed cost for the community. So it doesn't matter how
many, obviously, ride that one. The RideChoice varies per ride. It's what the town pays
a portion of. And Valley Metro, to answer your question, does have those numbers.
Again, the bus ride is very -- the bus ridership is very low. It was averaging one person
riding that. RideChoice, on the other hand, seems to be increasing. Five-year average
on that has been about 750 rides, that's one-way rides. Now this past year, it's doubled,
it's 1,500. So people are learning about that program. It's affordable. They changed
the terms on the RideChoice program over the past few years and now it's more or less
$3 each way, limited to, I think, 50 miles. So for $6 you can go to, say, a medical facility
on 90th and Shea or even, we have people that go over to Mayo off the 101.
So they can do that now for $6. Whereas the program before, that would have cost 30
or $40. So I think people are catching onto that.
MAYOR DICKEY: Councilwoman?
TOTH: If you could just clarify. Those numbers were not specifically for our Fountain
Hills stop; is that correct?
TRIMBLE: That is the numbers that I --
TOTH: That is for Fountain Hills?
TRIMBLE: Yeah.
TOTH: Okay. I'll have to keep a better eye, because that number surprised me. Thank
you.
MAYOR DICKEY: It's not the bus. You saw --
SKILLICORN: Madam Mayor --
TRIMBLE: I'm sorry. Did you mean the bus?
MAYOR DICKEY: Yeah, I think so.
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TOTH: You know what I did? Something I --
TRIMBLE: Okay.
MAYOR DICKEY: Yes, Councilman Skillicorn?
SKILLICORN: Thank you.
I just want to -- before we go ahead and make a motion here. I just want to point out
that if it's one person, it's $65,000. We can buy that person a Tesla and it will be
cheaper. And if it's just two out of Havenly, we could buy each one of them a Prius and
save money. So we just want to make sure that point is taken. I think in the future we
really want to go to that RideChoice, it's such a better program. It helps people get to
doctors' appointments and things like that. I think it's a very useful. And the days of
mass transit, it's just not very popular. People don't like it and it's failing all over the
country. And really only works in really high density areas and we don't live in a high
density area. So I would like to make a motion to approve these.
MAYOR DICKEY: Thank you. Can I get a second, please?
FRIEDEL: Second.
MAYOR DICKEY: Thank you. Roll call.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Aye.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Aye.
MENDENHALL: Councilmember Toth?
TOTH: Aye.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: I just want to make sure. Is the motion to approve?
FRIEDEL: Yeah.
MENDENHALL: Yes.
GRZYBOWSKI: Aye.
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MENDENHALL: Vice Mayor McMahon?
MCMAHON: I still want to know what the motion is for, exactly, please?
MAYOR DICKEY: Move to adopt resolution 2023-24, correct?
MCMAHON: As it is right now?
MAYOR DICKEY: Yes.
MCMAHON: Aye. Thank you for clarification.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye.
Thank you all very much.
Okay. Our next item is approving the fourth amendment to a purchasing agreement
with Tanner.
Justin?
WELDY: Madam Mayor, Councilmembers, I put together a short presentation for
tonight, just as a refresher about the level of investment in the town's streets and
infrastructure over the last eight years leading up to and asking for your consideration
about approving this amendment to this contract. It should be noted that with little to
no exception the M. R. Tanner companies have been involved in the payment
management program for the last eight years. And have worked with the town's staff,
manager, and council to reduce the overall cost. And I think that part right there is very,
very important. Earlier this evening, you heard two reports: one paid for, that provided
an assessment and a group of dedicated volunteers that provided some
recommendations and their findings.
It should be noted that during that process, and I'll single myself out at this time; at
least, one or more of them were angry at me because when they asked for pricing I gave
them the unit prices per the contract. And they argued that we were not paying
anywhere near that amount of money for the services we were receiving, and it was
misleading. My argument to those individuals was that at any time, the individual at M.
R. Tanner's that is extending this price to the town, for less than the unit price in which
they were the low bidder for a multi-million dollar contract, could be gone and we will
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be paying unit prices. And I was concerned about any reflection that was not accurate
with the unit.
The numbers that you saw tonight were a happy medium between unit prices and what
we've actually been invoiced for and guidance from the town manager in those
numbers.
With that said, going back eight years to '15-'16, this is what was allotted and spent.
You've seen some of these images before. This is for '16-'17. As a reminder, all of those
little red dots in there were the intersections where the pavement was in such poor
condition there was nothing that could be done for it except to remove it and replace it.
This is '17-'18. You were here earlier tonight. One of the presenters noted that the
northeast corner of town had a lot of green lines in it. This is some of the reason why.
This is '18-'19. This is '19-'20. '19-'20 has two slides. One of them was primarily the
town center and the rest of them was residential.
This is '20-'21. You'll note that some of the downtown is shown in this. The reason for
that is we intentionally waited until a roundabout was done to pave the streets leading
up to it or the primary access to the roundabout, so it will all be one new, big project.
This is the remainder of '21-'22. Again, two slides.
This is what we are doing this year. Earlier tonight you saw a lot of green from past
decisions that were good in regards to pavement management and maintenance. All of
that investment needs the right treatment at the right time. We are at the five- to
seven-year mark, some cases a little over; closer to eight. We are doing the first
treatment, which is crack filling and preservative seal to protect that investment that
was made nearly eight years ago.
This is a really big number right here over the past eight years. I think it's important,
and I did not include these numbers to avoid confusing anyone. During the past eight
years, $8 million was spent, about 8.6, to totally reconstruct Saguaro. That was a bond
initiative that was paid off in five years. Also back a little bit, to eight years and a little
bit more, the intersection of Saguaro and Shea was completed.
Just for boundary references, that is Saguaro just south of the Senor Taco and it was on
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Shea from Technology to the State Route 87 right of way. $2.7 million that was Prop
400 money.
Also during this time frame, Shea was repaved from Technology to the Scottsdale
border for a little over a $1 million. That was also Prop 400 money. I didn't include
those last three, and they're really big numbers because I don't want people to get
confused with the money that we use for pavement management and maintenance
that's allotted by this council through the budget that's available and other funding
sources that pay for those other types.
Tonight we are asking you to consider approving an amendment to a contract that
we've been using for several years to spend, primarily, federal government monies on
the streets that are listed up here. With little to no exception, the majority of these are
pre-incorporation roads that are in that backlog that you saw that are primarily
unsavable by any other treatment besides full-depth reconstruction or a minimum of
two-inch mill and overlay reconstruction. It's a lot of money. It doesn't look like very
much surface until you get down deep and dig deep into that map. But it's a
considerable amount of work.
Any questions in regards to the exhibits that I just showed you? I'll do my best to
answer them.
MAYOR DICKEY: Thank you. Did we have any speaker cards on this item?
MENDENHALL: No, Mayor, we do not.
MAYOR DICKEY: Thank you.
Any questions, comments?
FRIEDEL: Go to motion.
MAYOR DICKEY: Okay.
FRIEDEL: Move to approve the fourth amendment to the cooperative purchasing
agreement, C2020-065 with M. R. Tanner, in the amount of $5 million and any required
budget transfers?
MCMAHON: Second.
MAYOR DICKEY: Thank you. Roll call, please.
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MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Aye.
MENDENHALL: Councilmember Toth?
TOTH: Aye.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Councilmember Friedel?:
FRIEDEL: Aye.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: Aye.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye.
Thank you. Thanks, Justin.
WELDY: You're welcome.
MAYOR DICKEY: A night for roads and streets.
Our next item is our discussion on issues surrounding homelessness. And this is for
discussion only and to learn a lot. A lot is going on. I'll ask Rachael to please kick it off, if
that's okay?
GOODWIN: Sure. Happy to.
Yes, this is a lot. It's a big conversation. Staff has worked for a number of weeks now,
trying to get our arms around how to guide this conversation. So we have two
presentations tonight. They're not light, and they are not easy, but I imagine there will
be a lot of questions and a lot of conversations. So I want to encourage the council to
ask those questions. We may not have answers, but we do have a number of
stakeholders in the room with us tonight.
First it's going to be Amy St. Peter with MAG. She's going to talk about homelessness in
the context of the regional discussion. And then following her we will have Capt. Kratzer
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talk about some of the peripheral things and the secondary things associated with our
community here.
So with that, Amy?
ST. PETER: Excellent. Thank you very much.
MAYOR DICKEY: Thank you. Welcome.
ST. PETER: Rachael, Madam Chair and Mayor and members of the council, thank you
very much for having me here tonight. I've been here before. We deeply appreciate
our partnership with you.
It is critical, as we strengthen the regional response to homelessness, that we work very
closely with communities. Homelessness looks different in different communities. It
manifests differently. It's to a different scale. And as such, any kind of solutions around
homelessness really need to be very closely and intentionally aligned with the priorities,
the preferences, the attributes, the capacity of each and every community. So solutions
inherently have to be customized. They have to be different for each community.
So we really appreciate the leadership that you've shown in this space. The opportunity
to work with you in a really collaborative way.
My purpose here tonight is to share with you some data about homelessness
throughout the region and to be able to share with you some of those regional efforts.
And then to highlight some of the local activities underway as well. But we stand here
in partnership with you. We are eager to help you in this conversation. It is multi-
faceted. It is very complex. But we know that by communicating really constructively
and closely on an ongoing basis with each other, we'll have a better response, we'll have
a better outcome. So thank you very much for that partnership and I do invite your
direction, your questions, your feedback, your ideas, throughout this presentation and
as we move forward.
So with that, I did want to call to your attention, a lot of the data that I'll be sharing
tonight is from the homelessness management information system. We are mining this
data, particularly on a quarterly basis, to be able to very transparent and to hold
ourselves accountable, to be able to share their progress that's being made, and if
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progress is not being made, then we use this data to help us to realign our actions and
to make any mid-course adjustments as needed. All of this data is available to you on
the MAG website. It's available to your residents and to the residents throughout the
region. So I encourage folks to go to the MAG website and there you can see the
quarterly report, showing the trends in this homelessness data. And if you have
questions about that data, please don't hesitate to reach out to us and let us know and
we'd be happy to walk through that with you.
So in terms of the data that we've polled from the report for your information for your
discussion tonight. When we talk about how many people are experiencing
homelessness right now, in our region we have just over 8,000 people. Those are
people who staying in shelters, as well as those who are not in shelter but who,
otherwise, don't have a place to call home. So it may be on the streets, or in the
riverbeds or in their cars. Many of them are working. They're working full-time jobs
and they simply are not earning enough money to be able to afford a rent or a
mortgage.
And so this is how it's broken out right now. You'll see that the total number of
households, again, in individuals, it's over 8,000 people. But in terms of households it's
just over 6,000. We have about 5,000 people who are single and on their own
experiencing homelessness. And then we have families that are down at the bottom.
We do want to share two -- we ask people what is contributing to their homelessness?
Because the solutions to ending homelessness or addressing homelessness, reducing it,
really have to be intentionally formed around the reasons why people are experiencing
homelessness.
Very often it's a multitude of different reasons. It's not always any one single thing. A
lot of times it's because they don't have that support system. So if you or I were to lose
our jobs, we likely would be okay. We'd land on our feet. We would be able to recover
from that. When people don't have a support system, they aren't able to recover as
well. And so we see the economic factors are the number one reason cited. And this
data is from the Phoenix Rescue Mission. They're a very good partner in this base. We
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work with them very closely. They worked on this gaps analysis and they interviewed
more than 700 -- nearly 800 different people experiencing homelessness. So that's
where this data is from, before you today.
So when somebody loses their job, they don't have -- they're underemployed. They
might be working part-time, when they really need to be working at least full-time but
they simply can't find that job. So finances, money, they just don't have enough of it for
various reasons.
Health issues: substance use addiction is an issue, absolutely. As well as mental health
issues, medical issues, disability. When people aren't able to work for a variety of
reasons, they simply aren't able to maintain their housing. Also we find that there are
family issues involved. We see, unfortunately, all too often, particularly among youth
who are on their own. So minors who are experiencing homelessness on their own,
most often is because they've been kicked out by their families. And very often they've
been abused or neglected and then they were kicked out. So they've experienced a very
hard time, while they still had a home. And they're experiencing an even harder time
now that they do not have a home.
Lack of affordable housing, lack of affordable rents or mortgages. This is absolutely
critical. We find that, for example, older adults are disproportionately impacted by this
as well. We find that there has been a 34 percent increase in older adults, people 65
and plus. If they're renting, they are living on a limited and fixed income and they
cannot afford the significant increases in rent that we're seeing across the region in a
very significant way.
Other responses: people have been evicted because of landlord issues, the legal system.
We do have some people who report losing their homes as a result of COVID. Often
that's because they lost their job. We lost a number of lower paying jobs during the
pandemic and we have not recovered those jobs yet.
Also, again, if there's a disaster, an accident, we call it sometimes a flat tire syndrome.
You get that flat tire, they get into a car accident, they incur those bills, they lose their
job, they lose their housing, and then they're in this very fast spiral downward into
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homelessness, that's very difficult to recover from and to pull themselves out.
I'm asked a lot, actually, well, what about the people who choose to experience
homelessness? And four percent actually cited that as their reason. They said, yes, I'm
choosing to experience homelessness. I'd like to offer that as a very temporary choice.
Sometimes they aren't able to enter shelter, say for example, with their significant other
and they don't want to split up. Other times, they don't fit the demographics of people
who are being screened into that program. So it's a temporary choice, but some people
do say, yes, I want to homelessness, basically.
So we're finding that there is an increase in the number of people entering the system
who are new to the system. They've never needed help before but they're needing help
now. 34 percent of people entering the system right now are experiencing
homelessness for the first time. So they don't know where to turn and they are new to
this whole situation. And they're struggling. They're struggling to get back on their feet.
They're struggling to access health care, and they're struggling to be able to obtain the
housing and the stability that comes along with that housing.
I would like to point out too, that when we're looking at homelessness, we find that if
we're looking at that from a per capita basis, that for every 25,000 people we have in
the region, about 27 are experiencing homelessness. So that gives you an idea in terms
of the scale and the scope that we're looking at right now.
And this is really important to look at too. Our inflow is greater than our outflow. We
cannot build enough shelter, or for that matter, housing, to be able to end
homelessness right now in our region. So to bring this down into more of a bite-sized
piece, for every 21 people that we have entering the system -- now, keep in mind if
there's 21 entering the system, about seven of them are new to the system. They don't
know where to go, they don't know where to turn. We only have ten percent leaving in
a positive exit, and a positive exit is that they're going into housing. So if you think of
like a funnel, we have all these people coming into homelessness, we aren't helping
enough people to leave the system in a really positive way. And so they're recycling
back into homelessness. They're staying in shelters for an extended period of time.
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They're leaving on their own but they're not leaving for housing. And so that's very
much an issue and something that we're tracking pretty significantly right now.
When we look at where are people experiencing homelessness, it really is all throughout
the region. It is in varying degrees. We see greater densities in some parts of the
region, such as in some communities. We see very little visible homelessness in other
parts of the region, but as you can see, throughout just about the whole region, there is
some level of people experiencing homelessness.
Now those blue dots are people who are experiencing homelessness on a chronic basis.
That means that they've been experiencing homelessness for a long time. They
generally also do have some kind of qualifying disability. So they're physically or
mentally not able to hold down a job and they're not able to access housing because of
that. The blue dots are people who are perhaps coming into homelessness for the first
time or they've been experiencing homelessness for a very short time period.
Now, I do want to point out that all of these interactions are from the outreach teams.
So if there's not an outreach team serving a particular area, we don't have data on that
particular area. So it is really critical to partner with outreach teams. Not only do they
give us better data in terms of where are people experiencing homelessness, but they
also build those relationships that can help move people into housing. Sometimes we'll
hear from folks that they get very frustrated because they'll say, well, this person was
offered housing and they said no. But they might not say yes the first time round
because of the trust issues and because of the severe trauma they have likely
experienced as they've experienced homelessness. And so maybe they say no the first
time, but maybe they'll say yes a fifth or the sixth time. And in order to have that level
of communication and engagement you have to have outreach teams. And so outreach
teams are really critical to addressing homelessness and bringing them in to housing and
helping them to maintain that stability.
I do want to make sure that you're aware of all of the great data analytics that we have
online on the MAG website. We have a lot of data about homelessness but also about
housing. Because when we're talking about homelessness we have to be talking about
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housing. Shelters are wonderful. They're an important part of the solution. They're not
the end goal though. If we put somebody in shelter, they can start to stabilize, we're
not ending their homelessness though. So housing is a really critical factor on the back
end as people are leaving homelessness. It's also critical to look at housing on the front
end to try and prevent someone from experiencing homelessness as a result.
So I'd like to offer some data that's a little bit more local in nature. So when we look at
housing, across the entire region, not specific at all to Fountain Hills. We know that
we've experienced a serious decline in affordable rents and mortgages for people. And
that is not always, but can very much be, a precursor to them experiencing
homelessness. Keeping in mind that if they're severely cost burdened, if they're paying
more than say 50 percent of their income every single month just on housing; if
something happens, an unexpected medical bill, an unexpected car repair bill, for
example, someone loses their job and it takes them a while to find another job, they're
more likely to experience homelessness.
And so when you look at home sales that are for $300,000 or less, you've lost about half
of that since 2011. The picture, though, gets more stark when you look at rents. So
when we look at rents under $1,000 a month, that used to be the majority of your
market back in 2010. You haven't seen rents under $1,000 a month for the past few
years now, to any significant degree. We are seeing rents that are $2,000 or more per
month. And when people are spending that much every single month, just on housing,
it puts them in a precarious financial situation and makes them more vulnerable.
And you can see what happens. Renters are the most cost burdened and they're cost
burdened throughout the entire region. So that red color, that's more than 45 percent
of the households living in that area, are cost burdened. It means that they're spending
more than 30 percent of their income every single month just on housing.
There's almost 300,000 people across the region spending more than 30 percent of their
income every single month just on their housing.
When we look at severely cost burdened households, they're spending more than 50
percent. And we have almost 150,000 renter households spending more than 50
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percent of their income every single month just on housing. That leaves very little
money for anything else, including food and medical care. And some populations, for
example, older adults, we often see the older adults are choosing between: do I pay for
my rent or do I pay for medication? I need my medication to live. I can't pay my rent
this month, and then they're experiencing homelessness as a result.
So for all these reasons and more, we started to strengthen the regional response to
homelessness back in 2020. We worked very, very closely with you, with our other local
and tribal governments throughout the entire region, to develop a regional
homelessness action plan specific to local and tribal governments.
In May of 2021, we had 14 strategies that were adopted that were broader in nature
and very inclusive of a number of different sectors. In December of 2021, our regional
council unanimously approved Pathways Home. Thank you very much for your support
with that.
We're excited to highlight that was a unanimous vote because that meant that every
single community throughout the region was part of this process and they supported
this plan. And they continue to support the plan in terms of its implementation moving
forward. These are the three main areas of activity that are highlighted in this plan.
Committing to work regionally, we recognize that we can do better and more together
than we can do on our own. Homelessness is truly a regional issue. It's not up to any
one sector and it's not up to any one community. And so it's being able, for example, to
share data, to share resources, and we're doing that more now than we have before
because of all of our local and tribal governments coming together.
We can't stop homelessness without housing and so we have a goal of increasing safe
housing options that includes temporary housing, such as shelter and rapid rehousing,
as well as permanent supportive housing.
We track our housing targets each month. The number of housing units needed to
address the current need changes every month. And so we're updating that. We're
working very closely without stakeholders. I do want to point out something concerning
about the housing options right now. For temporary housing we've just about doubled
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out shelter beds since the pandemic. So that's good news because more people now
are able to access shelter and they're able to start putting their lives back together.
What's concerning is that many of those beds, the majority of those beds, are funded
with COVID federal dollars which means that that funding will be eliminated in about
two years. So we only have two years to come up with alternative funding or solutions
to house people who are in those shelter beds right now and who will be in those
shelter beds over the next two years.
So we're working very closely with a variety of funding partners: public, private,
nonprofit to try and make sure that we have a good plan in place so that we can
continue to meet the needs that only continue, unfortunately, to increase.
This work inherently involves multisectors and so we're working with very diverse
partnerships to address homelessness. That includes health care, the criminal justice
system, just a variety of different stakeholders, because again, it takes everybody
working together to make progress in this space.
And so communities across the region are responding. Some of them are enhancing the
work that they've had maybe underway for a number of years. We have a lot of
communities though, stepping into this space for the first time and trying new things.
And we're seeing some really good progress there.
We have some communities who are working very closely with our nonprofit partners,
for example, to provide really critical shelter housing and services to people. Sometimes
the local or tribal government is very directly involved, other times they might, for
example, give the funding to another partner who can then contract with nonprofit
agencies to provide those services.
What's showing particularly good progress right now is that flexible funding to help
people avoid eviction and to be able to acquire prevention resources. So sometimes
people don't necessarily need support with housing but they might need help, for
example, with daycare for a month until they can get their first paychecks and set up
really good care. And then they're able to proceed on their own. So sometimes if
people can just get a little bit of help at the right moment, it's enough to keep them
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from entering the system in the first place.
And I do want to thank you in regard for your support, particularly for that last bullet
point: home is where it all starts. That is our new public education campaign. You
helped to provide funding to support those regional media buys.
Homeiswhereitallstarts.org is a website where you can go to access the information.
We do have a toolkit available. We encourage people across all sectors to go to that
website, to download the toolkit, and then really to use that. You can use that with
social media, with your website, in your communications. We need to reshape the
narrative around affordable housing; instead referring to affordable rents and
mortgages, homes within reach, homes that meet our needs. Because we need to be
able to have this conversation about homelessness, about housing; and we can do that
if we develop a shared language that is more inclusive and really brings more people
into that conversation.
I do want to highlight a current program that's underway right now that's lifesaving.
Our regional heat relief network is activated. That always starts with the first day that it
hits 100 degrees. None of us are happy when it gets that hot and when people are
experiencing homelessness, it's even less so, because they're very much exposed to the
elements and many people lose their lives each summer, whether they're experiencing
homelessness or they're working outdoors. Or sometimes, for example, they're living
on a fixed income, they have a home but they don't have enough money to turn on
those utilities and they die because they get so hot in their homes.
So thank you very much for participating in the regional heat relief network. We are
tracking who's able to offer water and to collect. So both to give water out to people
who need it as well as to collect water donations and to be able to disburse that to
agencies who can provide that support.
Also the cooling centers, the refuge locations, those are really critical. Sometimes
people just need to be able to come in out of the heat during the day and then they can
make it through the summer. But this is a critical program that's only possible because
of the support that's received from local and tribal governments like Fountain Hills as
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well as from nonprofit agencies and faith-based partners throughout the region.
That is my contact information. That is my direct line. That is my email address. I
encourage anyone to reach out to me if you have questions, ideas, comments, feedback.
Would love to be able to continue this conversation with you and I would encourage
you to go to the MAG website, check out the data that we have on this work through
our homelessness team, as well as our data analytics, that are available thanks to our
regional analytics division at MAG.
That concludes my presentation. I'd be happy for any questions or feedback that you
might have.
Thank you.
MAYOR DICKEY: Thank you, Amy, so much for coming. Do we have any comments or
questions at this time from council? I'm going to wait on the other presentations
because I think we have some more presentations, correct? And then we'll go with the
cards.
Yes. Councilwoman?
TOTH: I did just have one question for you. Earlier in your presentation you had
mentioned that many of them are actually working full-time jobs. I was wondering if
you had the exact number in Arizona of how many are working full-time jobs but still
homeless?
ST. PETER: Right. Absolutely. So I can give you one example. The area surrounding the
human service campus in downtown Phoenix, it's known as The Zone, 40 percent of the
people who are living in The Zone have jobs. And that statistic surprises people because
it's -- you know, sometimes it's hard enough to get up and go to work but even harder
when you've been living in a tent in a situation that's really not ideal for folks.
TOTH: So just to get a grasp on that. When you say have jobs, you mean full-time jobs
for 40 percent?
ST. PETER: They have a range of employment. It's at least part-time if not full-time.
TOTH: Okay. And do you know what the number that correlates to that 40 percent is?
ST. PETER: So in The Zone last time I heard, there were about 1,000 people, so it would
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be 40 percent of that number have jobs.
TOTH: Okay. Thank you.
ST. PETER: Thank you very much.
MAYOR DICKEY: I wanted to -- I just was reading about Maricopa County getting $2
million in funding for homelessness services and they are directing some of that to A
New Leaf which is fairly close to here, it's only 12 miles or so, and they're for shelter.
And then the Community Bridges, U Mom, a bunch of others. Do you know about -- I
know we have continuum of care, but something that's more like a -- we called it, I
think, at one of our meetings, a one-stop shop where there's -- and I think San Antonio
has that sort of a model, where -- and you kind of touched on it with the childcare, but
they do resumes and haircuts and all kinds of things that is not just here's a place for
you to stay for one night, but it's more of an overall area for services. Do we have
anything like that in Phoenix or in our region?
ST. PETER: Madam Mayor and members of the council, thank you very much for that
question. The human services campus is one example of that. That's where you have a
number of different nonprofit agencies with different areas of expertise who are co-
located in one area. And that model was designed so that we could treat people's
needs in a very holistic and more effective way. Also we'll find that there are smaller
centers like that. So for example, there's one located within the city of Glendale. Often
other nonprofits will offer either -- they'll offer those services directly or their case
managers are able to refer out for those services. Case management is a really critical
component of being able to offer those wraparound services. So we're moving more
and more to that and most often, if someone is providing any kind of housing, whether
it's shelter or permanent housing, they're also providing those wraparound services.
MAYOR DICKEY: So probably you would expect that might have a better success rate
than when you were talking about how more is kind of coming in rather than going out.
And going out in a way that's sort of a permanent solution or some success there. So
would you think that, I mean, they haven't been in existence enough to know if that
would have a better outcome?
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ST. PETER: Madam Mayor and members of the council, absolutely. When people
receive case management, they are more likely to be able to stabilize and to retain that
stability.
MAYOR DICKEY: And one last thing. So we have -- there are different levels and I know
we're going to talk about different ordinances and such that have to do with law
enforcement or code enforcement or those kind of things. Is there a contact that -- so
say, somebody's not doing anything along those lines, but just to offer -- and I know we
have cards from New Leaf and other things like that. Is there somebody even from MAG
that would be a good contact. I know you are, but to say -- and none of these situations
are the same, so say somebody's here. They can't go to New Leaf because it's after
hours or such. Is there something that might be available even, no matter what time it
is for us to get that information that might be helpful and maybe the law enforcement
isn't always have to be the one that is dealing with it. Maybe it's some other group or
some other folks or organizations?
ST. PETER: Absolutely. Madam Mayor and members of the council, there are a number
of resources available and sometimes, particularly with so many new people coming
into the system, they don't know where to go. And so we're working really hard to
make sure that people have access to the information 24/7. So for example, one tool
that's available to you as a local government, is called HANDUP. It's Homelessness And
Needs Data For Unified Planning. It's an interactive online tool. We'd be happy to
provide that password to you and with that tool you can see where the need is in terms
of people experiencing homelessness according to the outreach teams. But then also
where are the resources that can be used to address the needs of people. And those
resources cover a variety of different topics. Everything from food boxes to medical
care to legal assistance, clothing, employment assistance, mental health treatment,
substance use treatment. So that resource is available to you.
Also being able to call or to go onto a website for 211, community information referral.
They're a great resource and they have information, again, across a whole variety of
different kinds of needs. Also if you ever did want to contact me, and I can also put you
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in touch with our human services staff at MAG. We can help you to connect with the
outreach team who's serving that particular area. Because the outreach teams they can
help to meet very immediate needs, but they can also, again, build up that relationship
that's often so critical to people accepting services, that will result in them obtaining
housing.
MAYOR DICKEY: Thank you very much. And before you go, I wanted to just touch on
MAG a little bit. MAG is a metropolitan planning organization and the NPO for this
region. And it's, I don't know, about 25 cities, towns, tribes, and other organizations
that are part of it. And a metropolitan planning organization is federally mandated, that
is the only way to get the federal funds that we get for, well, these kind of programs.
And I wanted to also mention that a typical council will address regional and municipal
planning, economic -- I wrote it down. Community development, pollution control,
transit administration, transportation planning, streets, human services, workforce
development and water use. They also play a huge role in regional hazard mitigation
emergency planning and as you can see, with all of the information you have, collection
analysis, distribution of demographic and GIS data. You had a huge role in the census.
And then, just from a Fountain Hills point of view, we pay, I don't know, 3 to -- I think it
might be $5,000 dues to say, to join and to be part of this thoroughly mandated
organization. In the last five years, our public works and for various projects, we've
taken in more than $8 million just for the Town of Fountain Hills.
So I just wanted to get a little bit of an overview because sometimes we say these
acronyms and people don't always know what MAG is or NPO's or anything like that.
And again, I want to thank you very much for coming tonight and if you can possibly
stay, though. I'm sure we might end up with some questions.
Thank you.
ST. PETER: Thank you.
SKILLICORN: Madam Mayor?
MAYOR DICKEY: Yes. Councilman?
SKILLICORN: Yeah, Madam Mayor I just have a question. I had heard about the cooling
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centers. Where is the closest cooling center in Fountain Hills?
ST. PETER: Madam Mayor, Councilmember Skillicorn and members of the council, I
don't know offhand but I'd be happy to get that information for you and follow up. If
you go to our website you can access the map and that includes it as well. But I'd be
happy to follow up with you directly.
SKILLICORN: And Madam Mayor, is this the same for the other care items? You know,
you mentioned a little bit about -- in terms of from the helping create resumes and
things like that. Where are these located in geographic terms to Fountain Hills?
MAYOR DICKEY: One of them, at least the one that I was talking about was A New Leaf
and you know a lot about that, and that's just right at the -- well, it's close. Yeah. I don't
know whether you can say where these places are but that one is close. The other -- it's
not the Bridges. There's on with the word bridge in it though, that we can use that they
can --
ST. PETER: New Bridges, Mayor?
MAYOR DICKEY: Yeah. I think that any time of day you can use that one. I think A New
Leaf -- and A New Leaf has other services also but they do have hours. I know that vice
mayor knows a lot more about that. And then we just got -- and I know Capt. Kratzer
will be up here. And we have a good information sheet from MCSO about that, Allen.
So maybe we can get more of that information and the actual locations to you. But
they're in the proximity.
ST. PETER: Madam Mayor and members of the council, I'd be happy to provide the
information for HANDUP, for that interactive tool and then you can go into very specific
geographies on the map. And you can see all of the resources that are right around you.
MAYOR DICKEY: Very good. Very good. That will be helpful. Thank you.
Anything else?
Thank you very much.
ST. PETER: You're welcome.
MAYOR DICKEY: Rachael?
GOODWIN: All right. That brings up our next presenter, which is Capt. Kratzer. I'm
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going to -- in advance, he put a -- there was a lot of time and effort pulling data and
putting together quote a bit of comparative analysis. So I know there's going to be a lot
of graphs and a lot of information in this. So I want to encourage, if there's questions
about it, what we're looking at and understanding it. This took a lot of time so I expect
it will be very informational, but also it's a lot of information in and of itself.
So in advance, Thanks, Captain.
KRATZER: You're welcome. Let me get this open and then I will -- Rachael, I know you
said you were going to spoon-feed this to me. There's two PowerPoints open at the
bottom and neither of them are mine.
GRZYBOWSKI: Madam Mayor, while he does that. I'm playing around on what I think is
what Amy was referring to, the 2023 heat relief network. If I understand this correctly it
looks like the library is considered a cooling center and that's all we have in Fountain
Hills. Anyway, the library is considered one in Fountain Hills.
MAYOR DICKEY: Thank you.
Thank you, Captain. And again, I want to confirm what Rachale said. To thank you for
putting all this information together for us.
KRATZER: You're welcome.
Good evening Madam Mayor, vice mayor, members of the council. I first want to give
credit where credit is due. Our criminal research analysis unit put this together for the
town and for me, at my request, based on the upcoming conversation. So I can't say
that I spent a lot of time behind the computer doing this because I don't' really have the
knowledge or ability to do that. And so with that being said, as we go through this
presentation, if there are questions that are more technical in nature of where the data
came from, specifically, and I'm not able to provide the answer, I will definitely get that
back to you after speaking to the analyst who created the crime report.
So I want to start off by saying thank you for having MCSO as part of the discussion. We
are definitely a part of the issue and the topic here and I just want to reiterate that we
are a part and not the solution. And I know a lot of times there's some frustration when
people call MCSO about an individual who might be homeless who they think might be
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trespassing or loitering and there are times where we are not able to take action due to
a laundry list of things. But one of the big problems is, is some of the requirements in
the law is that we have a victim and that victim has to be willing to head the
prosecution. So if someone's on private property, there's some hurdles there. That
person, that business, that establishment, the property owner has to be willing to, and
want that person removed. So one of the things, some of our efforts that we did do and
when some of this discussion was coming up a year or two ago, was meet with a handful
of the local businesses around town, some of the local churches, where we knew some
of the problems were a little more persistent and we discussed with them some of the
things that they had the ability to do. That they could call MCSO if they had a subject
there that they didn't want on the property, or that were bothering patrons. And we
just ensured that they had the knowledge and understood what their rights were or
what they could do. Because I think some businesses or some people were not aware of
what they could or couldn't do.
So anyways, let's get into this. And some of this information is a little technical, so if
there's some of the things -- some of the things in here we won't spend a lot oof time on
but if there are questions I'm happy to answer. So we're going to cover the uniform
crime report comparisons. And so uniform crime reporting, that's an FBI program
where police agencies share data of their crimes committed in their areas. And that's
how this report was used to compare Fountain Hills to some of the other jurisdictions in
the Valley. Because a lot of those jurisdictions share crime report data to the FBI.
We'll talk about some policing activities and then some police contacts.
So the first slide we have here, this is a three-year lookback of crime, 2020, 2021, and
2022. We're comparing Fountain Hills to Scottsdale and what you'll see is population
across the years for the Fountain Hills to the city that's being compared, so Scottsdale,
in this slide. And then you'll see violent crime. That's the first column after population.
You'll see that violent crime is made up of homicide, sexual assaults, robbery, and
aggravated assault. Per the uniform crime reporting, that is what makes up violent
crime and then the next category is property crime. And that is made up of burglary,
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thefts, auto thefts, and arson.
So again, you'll see the three years for Fountain Hills. You'll then see the three years for
Scottsdale. You'll see the total number of incidents, homicides, sexual assaults, robbery,
aggravated assaults, and so on. And then, at the bottom to make it more of a
comparison of apples to apples, where it's not -- when we're comparing Fountain Hills'
population of under 25,000 to a city like Scottsdale, with a population of about 240,000
it's not easy to compare what that looks like unless you do some other form of analysis.
So that's what our analyst did. She broke it down. Thank you very much.
She broke it down by rate per 1,000. So these crimes occurring per 1,000 residents.
And that's the number you see there.
So you'll see the three-year breakdown again and then you'll see the three-year average
in the yellowish column below.
So looking at Scottsdale compared to Fountain Hills you'll see that the homicide per
1,000 in Fountain Hills, fortunately we had zero homicides in the three-year period from
2020 to 2022, whereas Scottsdale had 17. When you look at that breakdown below it
looks a little bit, it doesn't make a lot of sense, because it's showing zero for Scottsdale,
zero for Fountain Hills. Again that's a rate. That's because the mathematical equation
and the way that works out when you divide it. It goes to the 100's mark and you can't
put a one there or even a ten spot.
When you look at sexual assaults, you'll see Fountain Hills compared to Scottsdale,
pretty much it's the same being -- not broke down into its full decimal. Robberies, .1 in
Fountain Hills, compared to .3, Scottsdale. Aggravated assault, we look at .7 in Fountain
Hills per 1,000 and 1.1 for Scottsdale.
And then when we get to property crimes, total 12.1 in Fountain Hills, compared to 21.3
in Scottsdale. And then your breakdown of burglaries, theft, auto theft, and arson as
you can see on the slide.
The next one we look at: this is just a graph that makes it a little bit easier to visualize.
Comparing each of the crimes and the rate. You'll see, it's hard to see from the slide but
under homicide, even though it shows zero for both, there is a tiny bit of shade under
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Scottsdale in the orange column for homicide, just to indicate it's not one, but it's less
than. So that just gives the visual.
We're going to do the same now with Gilbert. Same exact model here. We look at the
three-year crime stat comparisons. We were quite a bit closer with Gilbert. And a lot of
this talk came from some of the safe city discussion we have and the safe zip codes.
And we're unable to do a comparison of safe cities, safe zip codes, other than this, the
data collection. There are some private industries out there, real estate companies,
who will do some level of analysis and come up with some sort of statements of this is
the safest zip code or the third safest zip code. It's not something that law enforcement
does.
But comparing Fountain Hills to Gilbert, you could see where we compare against them
in terms of looking at the bottom reports per 1,000 people, violent crime overall in the
three-year average is a 1.2 to a 1.2 to Gilbert. Same thing with homicides. We had zero.
They had 17. Sexual assaults, we're at a .4, they're at a .3. robbery, .1, .1, equal.
Aggravated assaults we're slightly under them with a .7. They're a .8 per 1,000.
Property crime, we're a little bit above Gilbert, 12.1 per 1,000 compared to 10.5. and
then there's the breakdown associated with that.
If there's any questions as we go, feel free. This isn't going to all be numbers like this.
We'll start getting into a little bit of different topics. This is just giving a snapshot.
Here's the graph that shows just the more -- it's easier to visualize in this area.
And then we did some additional analysis with some westside agencies, cities. We
didn't put those in here just for the sake of -- we have the data, if council is interested in
seeing the raw numbers. This just kind of cuts it to the graph part where he can see the
visualization there. So here's the comparison from Fountain Hills to Peoria on crimes for
1,000 people. You could see we're quite a bit lower in most categories than Peoria per
1,000.
The same for Glendale. This is Glendale. You could see how Fountain Hills compares to
Glendale in the uniform crime reporting stats. And then, Anthem is a area that MCSO
covers. So this incorporate -- they're an unincorporated town but this compares crime
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stats to them as well. And then we'll move to police activity.
Was there any questions on any of those? I know it was a lot real quick. But if there's
any questions on that comparative data, I'll be happy to answer, else I'll just continue
on.
MAYOR DICKEY: I just want to thank you because I know that we did talk about this and
there are those things you see online about they want people to move to the top safest
communities and whatever in whatever states and they are mostly, like you said, they're
private. They're maybe even trying to get you to move somewhere or not move
somewhere. So I just wanted to tell you that I appreciate that. And also that at least, to
me, it doesn't look like there's too much of -- nothing really stood out with any of that
except the status quo.
KRATZER: Yeah. I agree. I think the three-year crime stat picture of Fountain Hills,
especially when you compare it to other cities and towns, places like Gilbert, Scottsdale,
I know, Fountain Hills is oftentimes compared to Scottsdale for a bunch of different
reasons or categories, we felt like that would be an important one to kind of show what
that picture looks like per 1,000.
MAYOR DICKEY: Yeah. Appreciate that.
KRATZER: Okay. We're moving to policing activities.
This is just over the same three-year period, calls for service versus deputy-initiated
calls. So this is just a graph that shows -- in the green you'll see the calls for service. So
those are the calls that people actually initiate to our, either 911 system or our non-
emergency number. Year over year, not too much of a change in calls for service. And
then the blue is the on-view activity by deputies. So that's during their downtime, the
things that they're initiating themselves. You could see over the three years what those
numbers look like. It went from 7,132 events, dropped down to 6,660 in 2021, and
then, in 2022, last year it went up to 7,508. The analyst says basically, from no
significant increases occurred in calls but there was an increase in initiated deputy
activity.
Then we move over to total reports by call for service. So the difference here is calls for
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service that we receive or that deputies initiate that result in a report. So we go on
plenty of calls where there is no crime committed or there was no reason for a report to
be generated. Our policy dictates what reports will be written; basically, it's any
allegation of a crime being committed. We'll take a report and deputies will sometimes
err on the side of caution and take an informational report for other things. So the
three-year picture of that, you can see how the reports for calls for service went. It
dropped by about 300 over 2021, compared to 2020, and a little under that for 2022.
However, deputy-initiated activity; the reports for those calls increased. And those
would be like the deputy did a traffic stop and the driver had a suspended license or a
warrant, then that would initiate a report on-view activity. Or if a deputy was driving
through a business complex, saw a broken window, stopped and investigated and
determined there was a burglary; that would then initiate a report.
MAYOR DICKEY: I wanted to point out that -- and we always had this conversation when
we get our monthly reports about cases and such, that these that are deputy initiated
actually reflect maybe a different -- more stepped up one way or the other. So like, we
saw this huge -- and I don't think you do reports for speeding tickets, necessarily. But
we did see like this huge jump in that. But that was a reflection of what we had asked to
go out and be more active when it comes to that. So it's always hard to interpret when
you see numbers go up whether that's good because you're actually finding more and
taking action on them, rather than increased activity. It's almost like, more of an
outcome -- of a good outcome.
KRATZER: That's a good point because I just kind of assumed that people would have
understood that it was initiated by request for additional enforcement or when we did
the study and we saw the amount of downtime that was being reported deputies and
the push for okay, we've got increase our downtime on-view activity. So those are in
direct correlation with that. I wouldn't necessarily say it was in correlation to increased
crime or anything. I don't' have that official breakdown to say that for certain but it was
definitely responsive to the request of increased enforcement.
We're moving on to -- these are the top ten report types. So these are calls for service
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that have resulted in a report. These are the top ten calls that resulted in a report over
a three-year period combined.
So our number one call for service that resulted in a report over the last three years is
vehicle crash with no injuries. You see how high that kind of compares to everything
else. Next, followed by criminal damage. You'll see that the criminal damage is in
yellow and then a couple for the other ones are in yellow. We'll delve into those just a
little bit more because those ones had an increase over the three-year period than the
other ones did.
Found property, theft, fraud, or a con game, assault, identity theft, attempted suicide,
traffic violation, and then burglary from vehicle. So it says a comparison of 2022's top
ten report types from previous years, noted an increase in 2022 in the area of criminal
damage, attempted suicide, and burglary from vehicle reports.
So this is a criminal damage yearly report count that was one we saw an increase over
the three years, criminal damage. You'll see that the peak of that was in July 2022, with
20 incidents. And then, so green is 2022; orange is 2021; blue is 2020. It might be hard
for the audience to see that. One of the notes that the analyst made was criminal
damage reports peaked in June and July of 2022. A review of these reports did not find
that specific criminal pattern or trend. The event types were a mixed result of
residential property damage, vehicle damage, graffiti, and political sign damage. Over
across all years, graffiti and criminal damage calls were greatest in July of 2022.
All right. We next move to a map of incidents, of graffiti and criminal damage -- criminal
damage graffiti reports. So it broke it down more into graffiti calls. 29 reports from
2020 to 2022. The frequencies of these incidents appear nearest to parks, Fou Peaks
Park, businesses along east Avenue of the Fountains. I think Rachael, in her time as the
park and recs director, can attest to the damage that occurs at the parks and the graffiti
calls. Kevin as well. July peaks, possibly related to summer break with students being
out and there's been a lot of those graffiti-damaged things at the park tend to be done
by juveniles.
Then, they break down the increase in the attempted suicides. So from 2020 to 2022,
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attempted suicide reports increased. So you can see that increase on the first column
on the left there. Green being 2020, blue being 2021, and then, the orange being 2022.
And we had 54 reports of attempted suicide compared to 33 and 34 the years prior.
When you break it down to -- so a suicide attempt is just that. It's not a successful. It's
an attempt. It could be someone ingesting pills or other means. But then the actual
suicides, you can see the increase there as well. Three, then five, and then eight in
2022.
The next slide shows the total attempted suicide report on a graph. It says spring and
holiday seasons have increased reports for attempted suicide. The good news is the
current 2023 preliminary report shows a decrease in both: suicide attempts and
suicides. So we're on a trend where that's coming down for the year of 2023.
Then it breaks down vehicle burglaries and this shows, kind of, the hotspots. Burglary
from vehicle reports did not have any significant change by month in 2022. From 2020
through March 31st of 2023, burglary from vehicle reports were mapped. Frequency of
the activities occurred most at business districts as well as apartments and along the
main outlet roads. And that's consistent with what we know and see and try to share
with the public. And then one of the notes the analyst made was that nationally
catalytic converter thefts were still an ongoing problem and we continue to see an
increase across the country.
And then, on this one, it just shows the breakdown of how they're mapped. And that
one to three incidents are in the smaller circle, four to five, and then it goes up to eight
to nine; which shows you where those incidents are occurring at.
What we're going to move into now is probably more in line with the topic of
conversation we're having tonight. MCSO, and as far I know, no other agency in the
Valley, tracks crimes by transient or homelessness individuals. It's just not something
we do as an agency. It's not anything I'm aware that other agencies do. The best we
could do in trying to find some data that might correlate to crimes that might be more
often occurring by those who are homelessness, the way our analyst was able to search
this, she looked at the three-year period, 2020 to 2022, just like the rest of the data.
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And she listed it as arrested persons who listed a residence -- so we call them a resident,
94.6 percent, compared to arrested persons who listed no residence, by 4.3.
So what that's saying in a nutshell is that people who provided an address when they
were arrested, this is the total arrests over three years where they were formally
booked into jail or charged with a crime; whether it was through citation or a long form
submittal. 94 percent of those people provided an address. And so we assume with
that that they were not transient, not homelessness. 4.3 percent of the people who are
arrested out of those total arrests, didn't provide an address.
Now the disclaimer to that is, that could be that the person decided just to not give the
deputy an address or it could be that they were transient or homelessness. The data
included anything in the report that did say transient and/or no address provided or
refused. And so we make some assumptions there. And it's not uncommon, at times,
for someone to refuse to provide an address when they get arrested. They don't have
to provide that. There might be some ramifications down the road in terms of being
released by a judge on your own recognizance or your bond; but people do have the
right to refuse that. So that's the closest we could come to an analysis.
We're going to move to -- this is going to probably really challenging to see for the
audience, but this breaks down the arrest over those three-year periods and it breaks it
down by the address provided versus no address provided. And what you could see is
the green are -- when it's coded green over the years, so 2020, 2021, 2022, and then she
did go into 2023, the current date; what percentage. So again, our percentage that we
found over all arrests for the three years was a 96 percent for those that had a
residential address provided and only 4 percent for those that didn't. So we tried to see
was there any kind of correlation between crimes that were being committed by, you
could say, transient folks or homelessness individuals. And you could see in the red --
that's indicated by red -- there were some crimes in here that warrant arrest in 2023.
27 percent of those arrests were by folks who didn't provide an address, whether that
meant they were transient or not, 27 percent was the number for that year compared
to what the norm was, was 4 percent. So there was an increase in that.
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Assaults in 2022, there was an increase compared to the norm of 4 percent, up to 13.
We saw criminal damage in 2022 be a little disproportionate to the number, and so on.
And then the ones that are in green, excessive speeding, those were 100 percent across
the board throughout the three years, plus 2023, of those who provided an address. So
there was no four percent of individuals committing those crimes. And that happens in
a couple of other areas. Driving with a license suspended or revoked, it's close on drug
violations for them being people -- three out of the four years of people who have an
address, that you're presuming aren't transient.
So this is just a breakdown and you can delve into those a little bit more as you look
across. And the threshold that she provided was, there had to be more than four
arrests in those three-year periods for those crimes for it to be analyzed and be included
in this. So there were some crimes that had less than that, that weren't included in the
breakdown. And even four is pretty non -- it's a small number, so it's hard to say.
And you can see how small some of these numbers are where we provided breakdowns.
I mean, we're talking 11 arrests on the warrant arrests, and there's some that are even
fewer in there.
So I don't know how helpful that is to this conversation, but it was the analysis that we
could provide that looked at overall crime data for three years, where we tried to give a
breakdown of maybe some of those crimes that were being committed by folks that you
could deduct from this that, potentially, may be homeless.
So if there are questions on this, I'd be happy to take them and then I would like, after
this, to just bring up our behavioral health co-responder. It's a new program MCSO is
doing. Tarryn Mingey (ph.) is here tonight and she's the head of that program. And she
can just talk for just a couple of minutes. And I think she could answer some of the
questions that some of the council had or even talk on some of the things that that
program does and provides to deputies and the community, but also resources that
deputies can use.
So one of the things we always talk about is like, homelessness alone is not a crime. So
there's not anything that law enforcement can do if someone's just homelessness. We
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get calls that there's a homeless person on the sidewalk with a sign. And if they're not
on private property and they're on public property, there's not much we can do. A lot of
times we will still go out and talk to those individuals, if someone has a concern or
depending on what the call says. And there's times where they want resources and
there are times where they don't want resources and there's times where they don't
even want contact from law enforcement.
So those are all kind of the challenges we deal with when dealing. But I think when I'm
done and you guys have the opportunity to ask some questions, I could bring Tarryn up
here and she might be able to just talk for a minute and introduce herself and answer a
few more questions.
MCMAHON: Thank you very much for the report. It's a lot of information. But given
your knowledge about the homeless in town, et cetera, you really can't pinpoint that
homeless people are criminals or automatically look at them as criminals, et cetera. Or
that there're like a lot of criminal activity going on in town due to homelessness, right?
KRATZER: Yeah. I don't know that. I don't think that I'm qualified to say that. I don't
know that the data show that that's the case. I mean, again, it's the data that was
collected and we were able to run it, not completely thorough and adequate but with
the way we're able to run it we were looking to see if there was any trends for this
conversation, because of some of the talk and the discussion and belief that maybe
there are some crimes that are occurring more frequently by that population. We were
trying to see if the data supported that or not. And I think in that four-year picture, it's
three and a half, because this year is not fully over. That breakdown, I think, was kind of
telling in that. And again, just to be fair on the topic, there could be individuals who did
commit some crimes that provided an address and we wouldn't know whether they
were homeless or not. So it's not a foolproof way of vetting out that system, but in the
data and the way we were able to look at it and review it, that's not what jumps out at
me.
MCMAHON: Okay. Thank you. Because if somebody's staying with a friend or a relative
or something, for some reason they get arrested, they may not want to give that
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information out, et cetera. So it's not necessarily that they're homeless. But as you can
see, and take from your report, it's not an exact science. It's very complicated. So thank
you very much. I appreciate it.
KRATZER: You're welcome.
MAYOR DICKEY: Councilwoman?
TOTH: Do you currently have explanations for the increase? So while I understand that
that four percent back in the day also didn't necessarily include homeless people but
that increase from 4 percent to 27 percent is a lot.
KRATZER: So --
TOTH: You had mentioned earlier, when we were looking at that larger graph, so that
slide right there.
KRATZER: Yes.
TOTH: You had mentioned that the previous number of no address provided compared
to the new number was a 27 percent as opposed to 4 percent.
KRATZER: Councilwoman Toth, while I think I succeeded at thoroughly confusing,
probably, a lot of people; I was specifically talking about in the year 2023 where it's
talking about warrant arrests. The standard -- what we found in total arrests was 96
percent of arrests, total arrests for that whole three-year period, that was -- the 96
percent were by those who provided an address. Four percent were those who didn't
provide an address or were listed as transient. In this one, specifically, warrant arrests
for 2023, year-to-date of all warrant arrests, 27 percent of those arrests have been by
folks who don't have an address.
So is that what you're speaking to?
TOTH: Yes. And let me actually clarify that question. So if you have a warrant but they
didn't provide an address once arrested, how did you find them in the first place?
KRATZER: Well, that could be for -- I mean, if we get a call for service and we go and we
have contact with an individual, we run that individual to see if they have a warrant. If
they come back with a valid arrest warrant, then we take them down and book them.
We then have to provide all of that information in the new booking: their name, their
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date of birth, any address that they're willing to list. So that would be new information
provided during that arrest; does that make sense? Am I --
TOTH: Yeah. Absolutely. So the increase that I originally asked about. In 2022, we have
95.2 percent versus 4.8 percent.
KRATZER: Okay.
TOTH: And 2023, we have 72.7 percent, versus 27.3 percent. That 4.8 to 27.3, in one
year's time, seems like quite the increase.
KRATZER: Yeah. And it's hard for me to speak to that just because of all the nuances
that are in the data, in terms of MCSO not collecting tracking data for homeless versus
transient versus nontransient individuals, with all the flawed data. I mean, this is just a
snapshot. I can't explain that increase. I don't know how to answer that. I don't know if
truly there are more individuals out there who are currently homeless, who have more
warrants than the year before. Or if it's some of the other nuances where the person is
like, well, I'm not going to give you my address.
Or one of the other things, that when we talked about this, one of the things I had
written down was, if a deputy failed to put that in the booking paperwork, the address
for a person. That probably wouldn't happen in 2023, because we've corrected those
issues where deputies maybe failed to put down a listed address. So it probably
wouldn't be what would happen in 2023. Now, if you're looking back at 2020, that's
possible, where quality control maybe wasn't as focused on.
TOTH: Okay. Well, thank you, Captain. If you don't mind, I have one other question.
Captain, as you know, we are here today to figure out a possible update to our town
ordinances. Something you mentioned in the very beginning of your presentation was
that a lot of times there's not necessarily a victim. In which case, in some cases, is
because the town doesn't have an ordinance that would allow you to act. Specifically
speaking, what are some things that maybe you've seen in other communities or ideas
that you've come up with that you would suggest to empower you to be able to act
more often? And I understand that still wouldn't affect when private property is the
case.
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KRATZER: Councilmember Toth, we've talked to some other local law enforcement
agencies about how they're addressing some of the homelessness issues and
enforcement within the communities. And I know, Aaron has talked about an
aggressive panhandler ordinance that, I think, Glendale has. I can't remember what city
has that. But I mean, it depends on the verbiage that is put in the ordinance and what
the ordinance addresses. There's plenty of laws right now that we utilize when dealing
with certain crimes, like littering, loitering, criminal trespass. There's a town ordinance
for criminal trespass. Most deputies usually use the state revised statute for criminal
trespass. But we have those tools there.
I don't know of specific ordinances. We haven't had a lot of conversation, yet, about
what an ordinance might look like by the town if they were to create one. Are we
talking about panhandling? Are we talking about -- I don't know of an ordinance or a
law you could pass that just says someone -- that deals with homeless individuals. I
don't know what that might look like in terms of outside of the typical violations you
might have of someone being on property that they shouldn't be on or don't have
permission to be on. Someone littering or loitering. I think in the past we've talked
about individuals being in the median with signs, panhandling, and whether or not the
town could adopt an ordinance that would allow us to not let them be in the median
and if they are, then we could move them along.
But there's plenty of case law on public property where I don't know if the town has the
ability to prevent folks from being on public property and public places.
MAYOR DICKEY: I think Aaron might have something to say.
KRATZER: Yeah. And I'll try not to step on Aaron's toes too much. But we enforce the
ordinances. We don't come up with the ordinances. So we can assist in that process, if
asked. But we don't sit back and write the ordinance and say, hey, pass this so we can
go enforce it. If that's decided by the town, and it's determined to be applicable and
constitutional by the agency and the Maricopa County Attorney's Office, we'll enforce
that ordinance for the town.
TOTH: Thank you, Captain.
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KRATZER: You're welcome.
MAYOR DICKEY: Aaron.
ARNSON: Thank you, Mayor and Councilwoman. To your question, I think Capt. Kratzer
said it right. You're not going to find in any other municipality an ordinance that deals
with homelessness specifically, and that's kind of because of what Capt. Kratzer said at
the beginning. That status crimes, like the regulating someone based on their sheltered
or unsheltered status, don't exist in the United States. What you'll typically see in the
vast majority of cities and towns, including here, are ordinances that apply, sort of
neutrally, to all individuals. But that may be crimes or may be civil citations that you
commonly find in the unsheltered context like, for example, obstructing the right of way
or overnight camping prohibitions within the right of way or on public property.
You might find loitering ordinances. You might find public urination ordinances. Those
types of things that whether citable under state or local law, do typically bleed into the
homelessness space.
So when we're looking at those kind of ordinances, there won't be and cannot be
anything that specifically says homelessness is not allowed in this space. Because that's
not how we regulate homelessness in the U.S.; we regulate it based on a person's
conduct as opposed to their status of existing. So I don't know if that was helpful as a
follow up.
TOTH: Right. Thank you, Aaron. Just to clarify, I mean, in cases where there's a call and
there's an issue, when -- if we can explore ways to ensure that that conduct is being
properly --
ARNSON: Yes. And if I can add, and Larry, you've certainly -- Capt. Kratzer, you're
certainly able to respond to that as well, of course. This is something that we hear, and
I'm sure MCSO hears across the board, of the tools all being there but sometimes the
difficulty being once MCSO, or once the law enforcement agency respond, who's there
and who was a witness to it, and is the person even still on site and present, and is
someone willing to serve as a complainant, you know what I mean? So you do deal with
those enforcement issues on the backend and that is not unique to Fountain Hills. That
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is going to be universal throughout whatever community you're in. It's a challenge. But
we can work on those ordinances that get us to a spot where it gives us greater tools to
respond. Whether we can actually get all the pieces to line up at the end of the day is a
different story. But we can work toward that end. Yeah.
KRATZER: And Councilmember Toth, if you don't mind me responding? I think that a lot
of times when we go to calls where we are dealing with homeless individuals and
someone has called, whether it's a criminal trespass or littering. Some of the challenges
we have are kind of what Aaron talked about, about having someone who has standing
on that property, who doesn't want that person there or it being private property.
We had a recent incident where there was a subject in a wash. We got a call. Deputies
went out. They talked to the subject. Deputies are aware of the town ordinances about
the use of the town washes. We have a map now from Justin Weldy with the town.
And that's almost like mathematical equation trying to figure out which washes are
privately owned, which washes are town owned. And we did cite that individual for
being in the town wash, only to find out that he was on a private wash and we had go to
back and resend that citation because we had that wrong.
And so those are just some of the challenges. And basically, what I'm getting to is I
don't know of a situation we've ran into where if there was an ordinance that was
written in a certain way it would have given us the ability to charge that person with
something because the state law wasn't comprehensive enough or there wasn't
something that was there in toolbag that allowed us to take a different approach.
Specifically, I can't think of a scenario that would happen with, other than maybe, if
there was something that was passable for the median. Someone being in the median
and blocking that. Because we do have if someone's going into the roadway, stopping
cars and getting money, we could enforce that. There's a state law for that.
The number of times that's happened, we've had reports of that but actually getting
there, having the person say, hey, I've seen them. We talked to the person. They said,
yeah, I did stop traffic and I did go -- I mean, that's a perfect scenario that really never
happens unless a deputy witnesses it. So just all those points.
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And then, just in this conversation. Bringing the court into it and the town prosecutor,
because they do have some challenges as well. And that's no to say we wouldn't look at
it or the town shouldn't look at passing an ordinance that the council gives them
direction to, but they have to be onboard, especially for a town ordinance and the
prosecutor being onboard to say, okay, MCSO is good at enforcing this. We are good at
charging this or going to trial on it if we need to, with all of those parties involved. And I
know that this discussion is getting to the point to see if there's any ordinances that the
town can pass or desires to pass that is then workable for everyone and makes sense.
MAYOR DICKEY: Thank you. I wanted to jump in on the numbers thing and then I think
Ms. St. Peters had something to add.
The 27 percent, that's three people. So what kind of a -- this chart has percentages but
then it has actual instances. So it's not the easiest thing to follow because you could
have one warrant one year and two the next year, and that's a 100 percent jump. So I
think we have to keep that in mind.
There's 11 total warrants and three of them were people that didn't give their address.
So not only do we not know does that mean that they're transient but it's three people.
So I don't think we need to overreact or -- I don't mean that you did. But all of these
percentages are a little bit difficult when you look one over at the number. So you got a
100 percent are with an address provided, okay. So the drug violation 100 percent, but
it's one person. So I think when we're dealing with Fountain Hills and the number of
actual incidences, then they get skewed, almost like the roads did, by using percentages.
So we almost have two different ways of measuring here and one chart.
Also, if you look down there's a lot of black, and so it's a little bit hard to know what that
means. There's some red, there's some green, but there's a lot of black. So on the top,
like, say, for example, the drug violation, 100 percent. I mean, I'm sorry. Aggravated
assault, 100 percent, in black, two people. But that should be in green, I think.
So I think that maybe this particular chart, we could do some more analysis of it. But I
don't' want to overreact to what this chart is saying percentagewise. Same goes with all
those zeroes. If you add all those zeroes up, you're not going to get that 8.7 percent
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number there at the bottom. So this is the kind of thing that -- what we're trying to do
is not easy to do, which is drill down on what we're reading, what we're hearing and say
no, this is the reality. There's one incident or two incidents. And I think we have to try
and figure that out in a way that is exact, and we can't.
I wanted to ask Amy to come up because she had given me -- I think, it had to do with
what Hannah had asked about and then, go ahead after that, Gerry.
ST. PETER: Mayor and council, thank you very much for the opportunity. I was going to
point out too -- and it's tough with looking at the data to look at big percentages
increases, but then it's going from one person to three people. So yes, it's important to
really dive a little bit more deeply into those numbers.
I did also want to comment though. We've had some really good and seen some really,
really good progress being made with law enforcement, particularly when they're paired
with nonprofit agencies. Because for law enforcement, they weren't hired to be social
workers. Right? They're here to keep us safe and they do a very, very good job of doing
just that. And so sometimes they're often the first point of contact with someone
experiencing homelessness, which means that that's our first opportunity maybe to
engage with them and to bring them into really lifechanging services and housing. But
that doesn't mean that they have to be social workers in that process. And so we've
seen some really good successes when we're pairing law enforcement, say with
Community Bridges. We had talked about them before. It's a nonprofit. They have
great services. They also have peer support. So it's people who have experienced
homelessness themselves, and then, their employed to help other people experiencing
homelessness, they can kind of speak their language, they can relate to them, they're
very approachable, and they're very, very good at building that trust and building that
rapport. And so Community Bridges is just one agency, it's one option. Phoenix Rescue
Mission also has very, very good outreach teams. But when we compare law
enforcement with nonprofit agencies who specialize and who are the social workers,
then law enforcement can do what they need to be doing and the nonprofits can step in
with the expertise and they provide that connection. And so that's a really, really good
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strategy.
Another strategy that we're seeing too, more so on a kind of, that carrot and stick. Is
that sometimes when people experiencing homelessness have been charged with an
offense, we have a regional community court system. And so, again, sometimes it can
be tough to get people to engage in services. And so the community court can say, well,
if you enter this say, treatment program or if you enter this shelter, then we'll drop
these other charges. And it's kind of that extra leverage sometimes that's needed and
that's very useful in getting people to engage. And also in helping them too, because
the social service system is much more cost effective. It's much more affordable than
the criminal justice system, for very good and valid reasons. We have to invest in public
safety.
But it gives us another avenue, another option to be able to work with people that isn't
always available otherwise. And so we do have that regional community court system.
Some communities have partnered with neighboring communities to set up a
community court just for their participating communities. So there are a number of
different options for that. As part of Pathways Home, our regional homelessness
section plan for local and tribal governments, we did develop a toolkit for communities
who are interested in that community court model. And we'd be happy to help provide
any technical assistance around that. And we find that often, training is really critical to
helping people to fully leverage all available options that could be at their disposal.
And so any help that we can provide in connecting you with those resources and those
training opportunities we'd be happy to do.
MAYOR DICKEY: Thank you. Thank you.
Gerry?
FRIEDEL: A couple of points on your information, Larry. One, Fountain Hills doesn't
really compare with Scottsdale and Gilbert. And two, a lot of these categories don't
apply to a homeless person, like, auto issues and traffic violations, traffic citations,
speeding, that kind of thing. So we could probably drill that down a lot more.
But I do have a question. And this is dealing with performance metrics from these
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agencies that we help support. Do you know, have we had any social worker from New
Leaf or from Community Bridges or MAG come out and actually talk to the people that
are in our town?
KRATZER: Councilmember Friedel, I am understanding your points on some of the
statistics there and that is the challenge with kind of coming up with some statistical
comparisons with other towns. There's not a lot of towns that we can run comparable
data to to say, okay, well, this town also has 24,000 people and looks like Fountain Hills
or has the same dynamics. So that was probably the best crack at trying to find
something that made sense.
In terms of Community Bridges or some of the other nonprofits coming out, they
haven't come out that I know of and rode with us or met with people. I do know, and I
think this will lead perfectly into Tarryn coming up and just talking briefly. I don't want
to take up too much time on the agenda with the other topics that need to be talked
about. But we have taken individuals to Community Bridges. We have taken -- I don't
know that we've taken anyone yet since the town has partnered with New Leaf. We've
talked about some challenges with that that are different things. But Tarryn and our
behavioral health co-responder program, since that's come onboard, and I want to say
in around April; she can correct me if I'm wrong when she comes up. She's already
outlined a bunch of resources, additional ones that we have. And I don't know that
they're direct ones that the town has partnered with or pays money to. I don't know
otherwise that works.
But there are resources available to us that a lot of deputies didn't know that I didn't
know that we can now call her in that program and they'll help us when we're out with
somebody, find resources. So I do know we have taken people to Community Bridges.
New Leaf, not so much. We visited New Leaf. My two lieutenants went there to see
how that program could help with potential homeless issue in town and they met with
some of the staff and sat down with them for a while and they learned a lot about what
they offer, could offer. Some of the hurdles in just bringing something there or
dropping them off, whether it was or wasn't an option.
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FRIEDEL: And then I have two other questions -- this might be for staff. Do we have a
littering fine or ordinance, right now? And what I'm thinking about is Denny's, Wells
Fargo, and the medical center are three areas where there's an awful lot of littering;
because you brought that up. I don't know if we've addressed that. Now, that's
probably private property, but do we fine those businesses for that stuff sitting there?
It's an eyesore to the town and it doesn't look good at all. And then the other question
that I had is, does our current ordinance address camping in our parks?
ARNSON: With respect to littering, we do have a litter ordinance in place. Certainly, no
property owner can maintain a property in a condition that causes a nuisance, which is
what we're looking at. So yes, those are on the books and those are readily enforceable.
Councilman, your second question, I apologize, was? Oh, camping --
FRIEDEL: Camping in our parks.
ARNSON: Yes. We do have that prohibition on the books in Chapter, I believe, 9 of our
code.
FRIEDEL: Thank you.
MAYOR DICKEY: Well, thank you. Any other questions?
Yeah, we'll have her come up and then we'll ask for --
SKILLICORN: Madam Mayor?
MAYOR DICKEY: Oh, yes. Allen? Yes, Councilman?
SKILLICORN: Madam Mayor? There we go.
Yeah. I just had a question and both the Captain and our attorney might be able to
comment on this. I've been asking by email, the last couple of days, about that situation
where we have a town-owned park that's leased out. It sounds like, as of yesterday,
attorney was saying that that is enforceable for the town but I still think there's a little
bit of confusion there. What is the answer to that question? Can we enforce that or do
we need the complainant to be the --
MAYOR DICKEY: Got it. Aaron's going to answer.
ARNSON: Mayor and Councilman, I remember your question. And for a little bit of
elaboration. The question had to do with a property that's town-owned property that's
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leased to Kiwanis. Rachael, is that correct? Okay.
So the answer that I gave yesterday was under the assumption that it was a town park
and I've since been corrected by the interim town manager that it's not a park. So we're
not dealing with prohibitions on overnight camping or sleeping in a park.
Regardless, to the extent an individual is on the property that's leased by a private
organization, we would need the individual to actually complain about that. That's the
type of situation where if someone's trespassing on property that they're leasing and
they want to remove that individual from the property, we need Kiwanis to do that.
So I think that's the answer to the question.
Rachael, do you have anything to add or Capt. Kratzer, do you have anything to add?
Clerk’s Note: Mayor Dickey left the Dais at 7:46 p.m. and returned at 7:48 p.m.
KRATZER: Thank you, Aaron. I did see the emails. I did respond to some of them. We
view it as though it would be no different than a residence that someone owns and is
leasing out or renting out to someone. That person would -- the homeowner would not
be able to say I don't like who that tenant is bringing by, I want to trespass that person.
It would be the person who is renting the home from them, who would have to make
the decision that they didn't want this person on their property.
So that's how we viewed it. And then some of the conversation, through email, that's
what I took from it. And that was the last response. And Councilman Skillicorn, I do see
how that was confusing because it was a little confusing for us as well. But I think in the
end, it sounds like we've got some clear understanding of that and maybe we can -- I'll
let the town manager decide how to communicate that back to you. But I think we have
an answer now.
SKILLICORN: And Madam Mayor, as a follow up, can we amend the lease to include an
anticamping provision?
ARNSON: Councilmember, the Mayor actually stepped out for a second. But in
response to your question, I'll go ahead and look at that lease and see what it says. I
don't have the lease handy in front of me.
But can you amend a lease to say that you will prohibit camping? Not that I'm
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independently aware of. I mean, I'm thinking about if I lease a property and decide to
allow somebody, whether it's me or a family member or somebody, to stay on the
property, I mean, unless they agreed to that in the terms of the lease then sure. But
that would be really uncommon.
WELDY: Madam Mayor, in regards to the particular property in question, by default I'm
the town's landlord and I have read the lease in great detail. I have also reached out the
lessee's representative, which is Sunset Kiwanis and I have left him a voicemail and
asked that he contact me so we can discuss this in more depth.
I will certainly report back to the town manger the results of that meeting after it takes
place.
MAYOR DICKEY: Okay. Thank you very much.
Anything else, Allen?
SKILLICORN: I think I'll wait for the attorney's presentation for any questions. But thank
you so much.
MAYOR DICKEY: Thank you.
All right. We're ready.
KRATZER: All right.
MINGEY: Hi.
MAYOR DICKEY: Hi.
MINGEY: My name is Tarryn. Thank you so much, council, for having me. And for Capt.
Kratzer for bringing me over.
So I can speak a little bit about what MCSO is doing to kind of work towards meeting the
members of your town about how, if they're in crisis, we're working on getting them
connected to resources.
So I am a licensed professional counselor. I've been working with Maricopa County
Sheriff's Office in the jails and now on the patrol side. So we're working on getting
deputies up to speed on what local resources are available to them when they're
encountering individuals in crisis. With the goal of diverting people into mental health
care, into substance use care, into housing services, rather than incarceration.
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So what my role is, is to be kind of the expert in the field so that I can connect the
deputies when, say, they encounter someone that is experiencing homelessness. What
shelters are available, what's that's process like. What are the -- even though there are
a lot of challenges with getting someone into housing, we want to be able to meet those
requirements where they're at.
So say someone's in crisis and they need mental health care, the deputies have lists of
all the inpatient facilities that are available to them. They have lists of all the homeless
shelters that available in Maricopa County, and we've also developed resources local to
Fountain Hills for district 7 so that they know what foodbanks, what homeless shelters,
what psychiatric emergency centers are available. So I think you guys have copies of
those.
Basically, deputies also have access to a resource line so they can call and receive
consultation about any crisis that they're experiencing with members. And this is the
goal, is to incorporate more of that mental health care and more of a trauma-informed
approach when they're interacting with members of the public. So as Amy was saying,
law enforcement is often encountering people in crisis but we are looking at
incorporating for all of MCSO ways to connect people to services rather than
incarcerate.
MAYOR DICKEY: Any questions? Comments? No.
So why don't we go to the cards?
Thank you so much. There may be more questions coming.
MENDENHALL: Okay. First we'll do the one written comment. It's at your station and
Dianne E. Price is against it. But you probably should read her comment and what she
means by that.
And then we have our in-person comments. We have four speaker cards. The first up is
Crystal Cavanaugh. And on deck is Liz Gildersleeve.
CAVANAUGH: Well, let me just start by saying I'm going to be a little less warm and
fuzzy with my words. And I think we have a quality life here and I'd like to just keep it
that way. So I'm thinking a tight ordinance with consequences is needed to prevent
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Fountain Hills from having zones with littering, loitering, and panhandling.
If we actually designated littering as a crime, because I'm not really sure what it's
designated as now, like some cities have, it could be useful. A stiff penalty of $500 for
the first offense. A second offense, perhaps 2,000 or even 180 days in jail.
Now, this might actually solve a few other problems. Whether you like it or not, being
incarcerated can achieve effective rehabilitation results from addiction, even if just for a
while. The person's no longer homeless. He gets meals, a place to sleep and hopefully,
restricted from drugs. In those six months services can be set up to help the individual
back on track. Just something to think about.
In some locations, businesses and all private property owners get fined if they don't turn
in the litterbugs on their property or if they don't clean it up themselves. Sounds harsh,
right? But does it help the right this ship? As noted by many in Fountain Hills, the
homeless issue definitely creates litter. Citizens can turn in the litterbugs. This provides
a pathway to getting law enforcement involved. Same with loitering. Stiff fines for
loitering are needed and businesses must discourage it too. If it is against the law then
law enforcement can be involved and businesses have a place to turn.
Right now, I think, some businesses feel they have no options. Still panhandling fines
should be implemented for violations if that person does not have a business permit to
operate.
Not $50 permits, either. How about $250 permits to panhandle in Fountain Hills?
Violators can then be given $500 fines for panhandling without a permit. Even though
the U.S. Supreme Court previously ruled that panhandling is protected under free
speech and it can't be outlawed outright, local municipalities should be able to set up
their own ordinance listing specific guidelines: not being on medians for safety
concerns, or on sidewalks, or too close to the curb near traffic, or within so many feet
from specific locations. Those hanging out on the streets may need to be transported to
existing services elsewhere for drug abuse or mental health issues. Fountain Hills, like
we said, already contributes financially to some of these programs.
Or some on the streets are actually fully capable humans that panhandle instead of
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going to work each day, because it can be pretty lucrative in some areas and tax free.
So next time any people around here, who feel like being compassionate, just don't do
it. The cash you give that individual may go to buy a bottle of booze, cigarettes, lottery
tickets, or drugs. Or consider, you may be getting scammed by an able-bodied person
using sad signs, children, or pets. But you get to feel better about yourself for being a
giver. Either way --
MAYOR DICKEY: Your time is up.
CAVANAUGH: -- a tight ordinance will help Fountain Hills.
MAYOR DICKEY: Time's up.
CAVANAUGH: Okay. Thank you.
Clerk’s Note: Vice Mayor McMahon left the Dais at 7:52 p.m. and returned at 7:55
p.m.
GILDERSLEEVE: Good evening, everybody. Liz Gildersleeve, Fountain Hills resident.
Thank you, all of you, for addressing Fountain Hills' need for a stronger ordinances
tonight. My questions and comments center mostly though, around A New Leaf. Our
town has done some promotion regarding A New Leaf to which Fountain Hills taxpayers
have extended financial support of around $50,000. But it should be noted that there
are many other agencies that also deal with homelessness, addiction counseling, job
training, and housing. Agencies like Cast, East Valley Men's Shelter, Phoenix Rescue
Mission, Thrive, Homeless Haven, Phoenix Dream Center, and New Mom; not to
mention churches like St. Mary's and St. Vincent de Paul as well as countless
governmental departments and agencies whose sole focus is supposed to be to help
guide the vulnerable.
So how is it that we have A New Leaf? Who chose A New Leaf for Fountain Hills?
Because A New Leaf appears to be forming a quasi-partnership with Fountain Hills, I'm
curious as to how the vulnerable in Fountain Hills, needing their services find out about
them? Do counselor from A New Leaf proactively make contact with some of the
individuals we see regularly at Shea and Saguaro, outside the Safeway, outside the
Target, under picnic ramadas at the parks, even the makeshift homeless encampment
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behind the middle school that occasionally pops up.
Are they offered transport to the Mesa facility? How is A New Leaf being held
accountable for the taxpayer dollars that they've received from Fountain Hills?
I do believe that a strong ordinance, based on conduct is necessary and certainly not
heartless. In fact, a strong ordinance would benefit the vulnerable as much as it would
benefit residents and business owners. People experiencing crisis should be made
aware of the many services and I'm actually quite pleased tonight, to learn from Capt.
Kratzer that there's the woman -- the behavior health woman who does now assist
MCSO.
It appears, however, that A New Leaf is the answer, I'm guessing, simply because we've
provided financial support to them. However, if anyone in crisis chooses to not avail
themselves of services, they should not be enabled by being allowed to aggressively
panhandle or erect makeshift housing that is in fact, the pressure point where I see this
new ordinance or ordinances, as being proactive and a necessary tool to protect the
town.
Thank you.
MENDENHALL: Next we have Barry Wolborsky and on deck, Kim Wolborsky.
WOLBORSKY: That's wrong. She should go first.
MENDENHALL: Your card was submitted first.
B. WOLBORSKY: I'm Barry Wolborsky. I live here in Fountain Hills. And I just wanted to
talk -- for 40 years I was a psychologist, licensed psychologist, PhD from the University of
Washington. And my specialty was chemical dependency. And I noticed, when that
chart was presented up there that less than 21 percent of those people were addicts
and alcoholics. And I think that's really wonderful because that's about the same
percentage in the population. so I guess, no more than that, huh?
I would like to talk about statistics a little bit because I spent two years at the university
teaching statistics. I would like to be your statistical evangelist if I could. Because I think
that the Town of Fountain Hills is the statistical anti-Christ.
Number one, thank you, Mayor, for pointing out that the difference was three people.
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Small number statistics are meaningless. Okay? They mean nothing. They’re just
random events.
Number two, the work that was done to determine that those less than 21 percent were
alcoholics and addicts was self-report. This city loves to do self-report surveys. They're
meaningless. There are psychometric tests that can be given to tell whether somebody
is an alcoholic or an addict or not. They're pretty reliable, in the high 90 percent. Self-
report is pretty unreliable. Somebody comes up to somebody on the street that's
loaded out of their minds and say, are you an addict? No, of course not. They're not
going to admit that.
I would like to know how they got the numbers on how many of those people were
employed? Was that self-report also? Self-repot statistics are meaningless. Okay?
What I see is people crafting things to make things look a certain way with statistics.
There was prime minister of England named Benjamin Disraeli, and some of you might
know what I'm going to say. He stood before the House of Commons and the House of
Lords and he said there's three kinds of lies: lies, damn lies, and statistics. We're getting
a lot of statistics here to try to prove a point but are meaningless.
That's all I've got to say.
K. WOLBORSKY: Hello, Madam Mayor, council, and Linda, and everyone else. I'm Kim
Wolborsky and I'm a resident of Fountain Hills and I'm eternally grateful for that. I love
this town. I'm so glad to have been welcomed here.
I also take issue with Ms. St. Peters' statistics on the number of alcoholics that are in the
homeless population. One of the main -- I have personal experience in my family with
alcoholism and mental illness. I live a very comfortable, happy life now. I have a lot of
information. I got a lot of information about that. I personally don't live in that disease,
but I have seen it. I have experience with it. I have experience with not being wealthy.
And I know what it's like to be on the edge of homelessness. It's not pretty. And I
would like to commend you for the work that you're doing with the elderly and with
single parents. I think that's important. I think some people do become homeless
because of issues with medical and that kind of thing. But one of the main symptoms of
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alcoholism, both in the alcoholic and in the family is denial. People don't think that
they're alcoholics. They don't think that's the problem. They could be at death's door.
They could be losing their liver and they don't think they're that bad. They think it's all
these other things that were listed on the list.
And I think -- so the words that came to mind were well-meaning and enabling. And I
think in Fountain Hills we have to be really careful not to be enabling people who are
addicts and alcoholics. My husband is a specialist in this field. He has two things he says
that I love. Well, don't love, but I think are very accurate.
He talks about people enabling people into the grave. Parents enabling their children
into the grave. He also says, how do you know that addict is lying? His lips are moving.
So that's all I have. And again, thank you for your time.
MAYOR DICKEY: Thank you.
MENDENHALL: That's it for public comment.
MAYOR DICKEY: So further discussion with council? Or staff? Or anything to add?
No?
I think --
SKILLICORN: Madam Mayor?
MAYOR DICKEY: Yes, Councilman, go ahead.
SKILLICORN: Did the attorney have some sample language for us to consider passing?
ARNSON: We do. I would be -- not here tonight. I know that based on the council's
discussion, and some of the input we've received from the public, I think what we can
do is take some of what's been done in some of our other municipalities, even one
where MCSO is the law enforcement agency, and try to bring back a number of potential
options for the council to adopt. Some of those may include prohibitions on blocking or
loitering right of way. They may include expanding areas within which tents and
structures can be located. There may be another couple of options that are included
there and I think that will help the council to have a little bit of a firmer grasp on the
types of ordinances we're dealing with. But that's what you'd be seeing, coming back
to.
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SKILLICORN: Madam Mayor, may I ask the attorney, in some emails that went out to
council about both the Queen Creek ordinance and the Glendale ordinance --
ARNSON: I'm going to --
SKILLICORN: -- what's the difference in those.
ARNSON: Sorry. Go ahead and finish. I don't want to intrude on anything that's
privileged. That's' my only caution.
SKILLICORN: Well, I am curious of what the difference is between the Queen Creek and
Glendale ordinances?
ARNSON: You mean the Queen Creek and Glendale ordinances that both regulate
aggressive panhandling? Are those the two ordinances that you're referring to
councilmember?
SKILLICORN: Yes, that is correct.
ARNSON: Sure. So Mayor and councilmember, I'm happy to pull them both up about
the ordinances are fairly similar in nature, to my recollection. They both prohibit
panhandling and try to regulate aggressive panhandling within certain locations, at bus
stops, within a certain number of feet of ATM's. There are a number of other locations
where they do that. Glendale's was a little bit more aggressive in that it was adopted
around Superbowl time so I think they drew a bigger zone around the stadium and other
areas in their downtown entertainment district. Sot that's probably the primary
difference. Otherwise, they draw on the same language.
SKILLICORN: Madam Mayor, if I just -- my one comment on this is -- and I thank you for
bringing in speakers, very informative. But I just have to say and I think this is what the
people of our town are trying to say, is that these soft on crime policies, like Portland,
and Seattle, Phoenix, California have, just have not worked. Taxpayers spent millions
and millions, and probably millions more, and these issues have only gotten worse. Of
the money you spend have not made things better. With all this money that we spent;
we could have bought homes for these people.
You know, a moment ago, I said that these policies haven't worked. No, I misspoke.
These soft-on-crime policies have been a colossal failure. If we had a housefire, the first
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thing we would do is put it out. Then we would research why. And today, we need to
put out this fire.
So I have two motions that I want to make. The first one is going to be an ordinance
banning standing in one place or sitting on the median. Actually, I should restate that.
Ban on standing in one place or sitting on any median for any road with a speed limit
higher than 35 miles -- or 35 miles an hour or higher.
MAYOR DICKEY: So Allen, we're not -- you can make that for future consideration but
this isn't an action item tonight. So --
SKILLICORN: Well, Madam Mayor, this is on the agenda. It is agendized. I believe it is
completely in order to make a motion to propose a specific language for an ordinance.
MAYOR DICKEY: Okay. Hold on a second.
Aaron?
ARNSON: Yeah. So Mayor and councilmember, it's not agendized for action. That said,
the whole idea is to take direction from the council just not in a formal motion fashion.
So if there's a collective direction from the council to pursue those types of ordinances
which would be included in that list of what I discussed earlier, we're happy to bring
that forward.
SKILLICORN: So kind of a point of order here, is that council has specifically changed
roles so items like this could be put on the agenda. And this motion was made months
ago. Why wouldn't this be an actual action order? It actually seems like this is a
violation of council rules to have it as something that we cannot make a motion and
actually pass an ordinance on.
MAYOR DICKEY: Well, we often have items that we don't take action on but if you want
to make a motion and Aaron says it's okay that you do, then it's okay with me.
ARNSON: Yeah.
MAYOR DICKEY: I mean, it says suggested motion here, motion to direct staff to take
steps. So --
ARNSON: Oh, okay. If it has --
MAYOR DICKEY: If you want to direct --
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ARNSON: -- language for a suggested motion, great. Let me scroll down and find it.
"Move to direct staff to take appropriate steps as identified". Good. Okay. Sorry. I
thought this was a discussion only. If you want to move to direct staff to do X, Y, and Z,
it's agendized that way, that's great.
MAYOR DICKEY: Yeah.
SKILLICORN: So Madam Mayor, I would love --
MAYOR DICKEY: Would you restate --
SKILLICORN: Yeah. Absolutely. I would love to make a motion to direct staff to draft an
ordinance -- actually, two ordinances. The first one would be on standing in one place
or sitting on any median for any road with a speed limit of 35 miles per hour or higher.
That would be my first motion.
MAYOR DICKEY: Is there a second?
TOTH: Second.
FRIEDEL: Second.
MAYOR DICKEY: Okay. So there's a motion and second. That says that no person at all
whatever their status, cannot be on the median of a street that has a 35 mile an hour
speed limit and they can't be on the curb? Was that correct?
SKILLICORN: Madam Mayor, I think, the intent of this is that someone is not loitering in
one place. So if a town employee was doing landscaping or a contractor or something,
that's fine. They're doing something that they need to be there for. But if someone is
literally just loitering on a median on a higher speed road, that would be a safety hazard.
That's a different situation. And if they're not supposed to be doing something there,
they could definitely be a safety issue and that's what the intent would be.
MAYOR DICKEY: So Saguaro Boulevard is a 35 mile and we have one crosswalk that's
not in an intersection. So whatever we decide to pass applies to every single person.
SKILLICORN: Madam Mayor, in response to that, I think the intent is not someone that
is going across the crosswalk but again, someone that is stationary or sitting. They're -- I
mean, if someone is taking the crosswalk and waiting for a car, I don't think that would
be considered loitering, and that wouldn't be the intent of what I'm asking for either.
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MAYOR DICKEY: Vice Mayor?
MCMAHON: It sounds to me like you're trying to target homeless people. I think that,
while I appreciate what you're; saying, it's so broad I don't even know how it would be
enforceable. I just don't think it would be enforceable. It's way too broad. How can
even put that in an ordinance?
MAYOR DICKEY: Aaron?
ARNSON: Mayor and councilmember, let's direct staff to do what we need to do and
we'll bring something back. See what happens.
TOTH: So my understanding of the motion is for someone loitering in a median for an
extended period of time, not just trying to cross the street or something. And the
reason that I seconded this motion is because this is a safety issue I've actually brought
up in the past in medians with Rachael or with Grady before. This is a safety issue. If we
have individuals that are loitering in the median, there's a very high potential for them
to be interfering with traffic and that could be injury to them. That could opening up to
collisions. That is something that I have spoken about in the past and I think is a valid
concern. This isn't something that's attacking someone based off status. In some ways,
it's actually looking out for their safety as well.
MAYOR DICKEY: Councilwoman?
GRZYBOWSKI: I feel like this deserves more thought. So I'm trying to place myself in
those situations where I would be standing on the median or what have you. A lot of
conversation happens when you're walking down the street, down the sidewalk. What
happens on parade day? What happens: the developer can't put a sign out on the side
of Shea, so he usually hires somebody to stand and spin the sign or whatever. So I
understand the concept, but I'm a little concerned that this is so blatant against one
particular kind of person that I don't like something that is not -- it's too subjective.
Oh, we won't worry about the sign guy because he's holding the sign and he's helping
our developer make money. How is -- I just -- I have a problem with that. I just see
issues. I mean, I'm going to have to rely on Aaron for that.
ARNSON: Well, I think you raise a decent point. We have to make it facially neutral and
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apply it neutrally and that's the best we can do with that type of an ordinance, right?
And that's the best answer that I could give, right now.
MAYOR DICKEY: Councilwoman?
KALIVIANAKIS: Thank you, Ms. Mayor. Although I find myself in some agreement with
time, place, and manner restrictions, I think that the ordinance that Allen's proposing
doesn't pass constitutional muster. I think we have to protect our town, first and
foremost from lawsuits. There's a gentleman that's in our town right now and he has
very offensive signs that he holds up. And he goes all over the town. I think we're all
familiar with people that live here. He may be the smartest person in Fountain Hills,
because I think he's trolling, okay, for an illegal arrest where he'll be richer than Bart
Shea, eventually. We have to watch out for that.
I've done a great deal of legal research on what we're discussing tonight and we have to
proceed with great caution. And I don't think that coming up with an ordinance in a
quick fashion, that hasn't been really reasoned out with our legal team is not going to
bode well for us.
So I would not be for this ordinance tonight.
MAYOR DICKEY: Councilwoman?
TOTH: Thank you, Mayor. This will be my last comment on the topic. First of all, once
again, this is a safety concern. I wholeheartedly disagree with the comments of my
fellow councilwomen. However, I do understand the concerns that were brought up by
Councilwoman Grzybowski. When we talk about special events, like that Thanksgiving
Day parade, maybe staff can say except for special events days where it's kind of
obvious people are going to be hanging out in the median.
I'm sure that staff is fully capable of organizing this in a way that is facially neutral. That
understands that there's going to be the Thanksgiving Day parade or other things where
the majority of the town is out on a median.
Aside from special event circumstances, I personally am not aware of an instance that I
have just hung out in a street median. However, I can understand maybe a concern of
well, this is going to apply to people that are potentially well-meaning. But that's where
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we talk about that wonderful part of law enforcement where there's human
consideration there. I'm not saying that someone standing in a median needs to be
thrown in jail. I'm just saying, hey, this is against a town ordinance. This is potentially a
safety risk for you. Get out of the median. And then, if they don't, then we have a
conversation about punishment. But from there, there's other issues.
So at risk of rambling on this topic too much, I want to very clearly clarify that this is
primarily a safety concern and then, secondarily, trying to prevent other issues from
arising from that point.
FRIEDEL: I think we all need to remember we're just --
SKILLICORN: Madam Mayor?
MAYOR DICKEY: Hold on, Allen. I mean, yeah. Gerry’s going to speak first, thanks.
FRIEDEL: I think we all need to remember that we’re just here tonight to give direction
to the staff. They’ll bring something back and then we can chew on it. So we’re not
passing an ordinance tonight. We’re just giving staff direction. So I think they’ve got it.
I think they’ve got the safety issue and that should be addressed when they bring it
back.
MAYOR DICKEY: Thank you. I agree with that. The idea of whatever can be across the
board and safety median wise.
Allen, you said you had another – well, you had something to say and then you had
another suggestion?
SKILLICORN: Yeah. Thank you, Madam Mayor.
Yeah, my only comment on that is that I specifically said median and not the right of
way. I know that there are some issues. I think, legally you probably can stand on the
right of way and that is legal. There’s some places that say that it’s not because the
right of way is usually moving, not just kind of blocking or loitering. But I specifically
used the word median, because that is not the part of the right of way. That’s not some
place that is normally someplace you’re traveling or walking and such. And that’s why it
is a safety issue. And you are right there next to traffic.
So thank you, Madam Mayor. I don’t know if we need to have a vote for this or this is
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just a direction for staff?
MAYOR DICKEY: I think that would be great, Allen, because I think we can come up with
something that would absolutely address median safety. Right? Okay.
Did you have another separate item, though, Allen?
SKILLICORN: Yes, Madam Mayor. And actually, I wanted to direct staff to give us an
opportunity to vote on word for word Glendale's ordinance. If we want to amend that
during the meeting, or with discussion, that's fine. But I want to have an opportunity to
actually vote on and discuss the Glendale aggressive panhandling ordinance.
MAYOR DICKEY: So I know that we had a confidential memo on that. And I would not
want to do that right now. I'm not prepared to go line by line with the Glendale
ordinance, because there are issues with that. But I think it's along the same lines of
giving direction to where we want to go. Where some of us might want to go. Because
there were definitely parts of that that did not pass legal muster. But I don't feel
prepared to go line by line now and determine that ourselves.
Brenda?
KALIVIANAKIS: Thank you, Ms. Mayor. As far as guidance is concerned, Aaron, I know
it's been held by the Supreme Court that panhandling for charity is protected speech. If
we went down the road of commerce, being that these people are -- it's like job. It's
like a paycheck, could we regulate this as commerce? So the First Amendment
protections wouldn't be so stringent?
ARNSON: Mayor and Councilwoman, there are cases that deal with that. The results
from those cases are mixed. I think you have a more reasonable chance of success with
that type of a regulation. So if that's the path that council's going to go down
collectively, I would encourage exploring an avenue like that as opposed to a strict
panhandling prohibition. Which, frankly, has not -- there has not been a single
panhandling ordinance that survived constitutional muster since -- constitutional
scrutiny rather since Reed v. Town of Gilbert. They don't pass constitutional smell test
anymore. So if we went down that direction, I would encourage the council to go the
direction that Councilwoman Kalivianakis is suggesting.
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KALIVIANAKIS: Yeah. Thank you, Aaron. And I've discussed with Councilman Friedel,
possibly getting a permit. And this was Gerry's idea. Or some kind of medallion that
they could establish, they could apply for a permit. They could take a training video.
Maybe wear a safety vest and then, since it is going to be commerce, again, time, place,
and manner regulations, I think, would kick in. And then we could control something
that otherwise we couldn't if we just -- again, and Hannah's concern about safety is
paramount. We're doing it because we want to keep everybody safe. And I also think it
would not be a bad idea for us to have some kind of a ad hoc committee to study the
safety implications of our ordinance. I think that that would be reasonable. So it's just
less of what we think and we could point to a study or we could point to people that
have researched this and how this is going to make Fountain Hills a safer place to live.
ARNSON: Mayor and council, without getting too deep into to prolong the discussion,
the cases where those loitering or standing in the median ordinances have survived
have relied on the data and not on the more nebulous ideas of what places are safe and
what aren't. So I would also encourage the council to go that direction. But ultimately,
we've received -- we'll take whatever direction we're given tonight.
SKILLICORN: Madam Mayor?
MAYOR DICKEY: Yes, Allen?
SKILLICORN: Thank you for the time. One item that I'd like to address is that Reed v.
Gilbert, that decision was made in 2015. And the makeup of the Supreme Court is quite
different now. We could probably expect a very different ruling. Now, I'm not
suggesting that we want our town to be a test case and go all the way to the Supreme
Court, even though I'm sure Aaron would love to argue in front of the Supreme Court on
our behalf. But that's not my intention. I don't think that that's necessary.
But I do think we should realize that, is that the nature of the Supreme Court has
changed the -- what is constitutional, what is not. Even though it will (indiscernible)
ruling would be binding until another court says otherwise. I think it is not unfair to say
that we can have something that will protect our town from a situation. And also we
take the legal advice for granted, but it is the council's job to actually craft the policy.
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That's why I would argue for this type of ordinance. I'd like to -- I think we go with what
Glendale has word for word and then we can make some changes here and there to fit
our town. But I think we want to have a strong solution to this problem. Because again,
our house is on fire right now and we need to put out the fire.
GRZYBOWSKI: I'm sorry. I don't understand, "our house is on fire". I don't get that. I
don't think it's a great analogy. I think it's very short-sighted. I -- yes, we have homeless
people. When you leave Fountain Hills, there's a hell of a lot more. If you look at the --
sorry, statistics. As a country, we average 18 homeless per 10,000 people. Arizona as a
whole is at 18.42 percent, and that's according to USAFacts.org.
I just I don't see that our house is on fire. I don't understand that analogy. I'm sorry. I
just had to say something.
MAYOR DICKEY: Thank you. And I also -- it's not a sudden thing at all. We talked about
Kiwanis earlier. Talked about the state trust land. These things have been status quo
for a couple of years. I don't understand all of a sudden, now, it's like this house on fire
situation. The people at Sunset Kiwanis, if they're not pursuing it, it's because it's
been -- like I say, this is not new. And yes, we want people safe. Yes, we want most
people to get what they need to get back on their feet. But we're getting both stories
here. Let's put them in jail, I mean, that will help them get out of drugs. But we don't
want to put them in New Leaf or any other place. So we don't want to pay for that. But
we certainly don't want them here. So okay.
This is just a very complex situation that a lot of cities are going through. We have that
much of it here. We're trying to address it. Tonight was to move forward so that we
come back with something legal, reasonable, safe, respectful of everybody. And that's
the intention of this tonight. Not to tell people to go to jail or that we wish they were
having their interactions with law enforcement.
I mean, if they are a bigger percentage that are on drugs or alcohol, then that needs to
be addressed on that level. And it sounds to me like Capt. Kratzer and -- I'm sorry,
Tarryn, are on the right track there. I mean these generalizations that none of these
things are working, that MAG's been doing that, all these mayors have all -- of all parties
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and all feelings about this issue, come together and realize that it's not black and white.
It's not easy to fix.
So I'm not in favor of going for Glendale after we have memos telling us exactly how
that's not going to work. I don't want to be in the public eye as the town that took the
stand and went to the Supreme Court. We have Reed v. Town of Gilbert. That's what
we have right now. That's what exists. Anything that we enact is for everybody in this
town, as it should be.
Yes, ma'am?
MCMAHON: We sit here in the public talking about this. We're talking about
homelessness and now we're talking about an ordinance based on safety. Which it's
obvious to me, that you're targeting homeless people. We may have a couple of
homeless people in town. I think one of the statistics that Amy said today is per 25,000
people there's 27. I think we might have three or four, et cetera. I don't' think it's out
of hand. I don't appreciate what I'm going to say. I think it's the mob mentality reaction
to this. I think if we really want to look at our ordinances about washes, et cetera, that's
more realistic than sitting here pretending like we're not talking about homelessness
and then enacting an ordinance to prevent them from being in Fountain Hills.
There's no gate to the city here. Anybody can come in and out of our town. And I don't
know how, realistically, we're going to sit here and stop people who might be
unsheltered from coming into our town. I think it's unrealistic.
GOODWIN: Mayor, if I can -- there's been a lot of discussion and I just want to make
sure. I've been taking a lot of notes. But at this point --
FRIEDEL: Vast amounts. Copious.
GOODWIN: Copious amounts, indeed. And I do want to try to bookend where -- and I
realize this conversation has sort of meandered. But staff is willing to take a start of
drafting something. Again, it is a draft so that it is reviewable. It is editable. It is a draft
so that the council can use it as a starting point. It can be word smithed from there. It
can be, again, addressed but we'll use, as our guiding tools is the idea of safety and a
commerce oriented, as I heard you say, commerce oriented approach. And then if we
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can work towards, if an ad hoc committee is the right tool to use to create that data
point. I also think we need to include MCSO in this conversation and what they've had
success implementing in terms of enforcement and things like that. Because ultimately,
whatever we do draft and adopt, they're going to be that enforcement arm for us, so
they need to be part of that conversation too.
So what I'm hearing is the direction to staff to start on this process. We'll be bringing it
back again as a draft for future consideration. Does that sound accurate to everyone?
Okay. Great.
MAYOR DICKEY: Thank you.
Any other comments?
Our next item is a consideration of reviewing and possible direction to the staff on sign
code ordinance.
John, thank you.
WESLEY: Just a second here, Mayor.
MCMAHON: Thank you, Amy, for coming.
WESLEY: Okay. Mayor and council, good to see you this evening. Just a very quick
background here. February 9th, the council reinstated the sign ordinance. During
discussion of that there was also discussion about relaxed enforcement of the sign
regulations with regard to temporary signs. Based on the discussion and the motion at
the council meeting, the staff initially did not enforce any rules with regard to
temporary signs but over time we had started to pick up some of the enforcement. First
of all, with some of the sign types that really weren't allowed in the ordinance. And
then, based on some issues that came up with regard to certain yard signs, sometimes
to abandoned signs, we started more enforcement there. But because we can't really
single out one sign versus another based on message, it really turned into all yard signs
and directional signs.
The motion that was made at the council meeting was not entirely clear and so we're
back this evening seeking, kind of, further direction now that we've had several months
of trying not to enforce it or enforce it on a more limited basis. Just also as a note, the
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P&Z commission is still reviewing an update to the sign ordinance. We had a good
discussion at their meeting this month. They gave me several things to work on, given
some of the vacations and such that the commission members are taking we weren't
really going to have another full commission meeting until September. So there won't
be any further action by the P&Z commission until September. So it will be several
months past that before we can get it to council. So given that's the reason we're back
here this evening to make sure we're enforcing the regulations as the council would
really like.
So we've listed here some options, from one end to the other end of extremes.
So one would be to clearly direct the enforcement of the type that you want to have
starting with basically, no enforcement. So make it clear you really don't want us to
enforce any sign regulations. And then from there there's some steps in-between
where we could have limited enforcement based on some of the characteristics, the
type of sign, the location of signs, or material of signs. But again we can't really regulate
based on message.
Or we could go back to full enforcement of the sign ordinance with regard to temporary
signs.
MAYOR DICKEY: Thank you. Do we have any speaker cards on this item?
MENDENHALL: No, Mayor, we do not.
MAYOR DICKEY: Thank you. Councilwoman?
TOTH: John, if you could clarify for me? Your first slide mentioned that the council's
motion was unclear. I remember the motion being extremely clear that temporary signs
were not to be enforced. We were then kind of announced to that there'd be some
enforcement. And I think that's where there's been some confusion and I have to be
honest, I predicted -- part of the reason I voted against reinstating in the first place was
because I knew this would end up on an agenda soon. So frankly, I'm a little insulted
that we're trying to just put the sign ordinance back in as it is without something ready
to put in as the changes that we suggested.
I'm a no vote on any of this. But I just want to ask you, specifically, John -- I apologize
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for getting ahead of myself. But specifically, what was the confusion with the council's
motion on temporary signs?
WESLEY: Mayor, Councilmember, I went back and relistened to the full meeting to
make sure I understood what we were to enforce or not. There's a lot of debate back
and forth about what the motion meant and what was really covered in the motion.
And I couldn't get, really 100 percent clear, understanding of what the council really
meant with the motion. And again, so we started with the idea, okay, then we really
aren't enforcing anything with regard to any temporary signs. But again, from then, as
some situations have occurred, we've been asked to enforce some pieces of it.
TOTH: Thank you, John. I have a follow up to that. The kind of announcement that we
received that there would be some enforcement on temporary signs after the motion
and vote to not enforce temporary signs, how did that come about and why was that
not required to be a vote? The email was pretty much just letting us know that that
would happen.
GOODWIN: I'm happy to chime in on that one. At this point, we're getting challenged
as to -- we have an ordinance. Why are we not enforcing it? And that leaves staff in a
very grey area of, if we have an ordinance we have a responsibility to enforce it. So in
conversation the area that we're getting the most complaints about at the temporary
signs are about signage. And to John's point, and to the confusion of the last meeting,
there was lot of discussion about not just the type of sign but the material the sign was
being use -- or the material that was being used and what was considered durable and
what was considered not. And are cardboard yard sale signs okay? Yes, they are; no,
they're not. Well, I don't think they should be. There is a lot of discussion in there and it
definitely leaves staff in a no-win situation in that regard.
So we took the most common complaint that we're having. We just said, let's start
talking about how we can use this. And at the end of the day, we're going into a
summer break where we need to have some clarity if we're going to enforce everything,
if we're going to enforce nothing, or if we're going to enforce something in-between.
We'd like to make sure that we are on that same page with you guys.
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TOTH: Sure. So -- sorry. One more time. That meeting where we had plenty of
discussion, that was regarding the new sign ordinance; is that correct? The changes that
we're going to make. Because the last time that we voted on this current ordinance,
there was a vote where we said no enforcement of temporary signs but we'll bring it
back.
And then, from there, we discussed changes for a new ordinance. So is that where the
confusion is? Is the discussion for the new ordinance, rather than how we're enforcing
this current one?
WESLEY: Mayor, Councilmember Toth. No. It's with the discussion that happened on
February the 9th, to reinstate the ordinance.
TOTH: Okay.
WESLEY: There was lots of discussion there that left the motion unclear in my mind.
TOTH: okay. Thank you, John.
So in that case I would suggest that we go off of the vote that occurred. There was a
majority vote for bringing the ordinance back but with no enforcement of temporary
signage, so.
MAYOR DICKEY: The suggestion of -- well, when we repealed it and then we realized
that was not something we should have done, was not a legal action. So we reinstated
it in February and there was some discussion about what the signs could be made out of
and such, because we realized that by not enforcing anything, we left ourselves open.
And it was a little hard to figure out what we -- where we landed on that. As far as the
rest of that decision, the original decision to repeal it, was with an understanding that
we were going to get this reformulated sign ordinance back in like a month. So we were
like, okay, when's planning and zoning meeting? We have to have 15 days of a hearing.
So this whole time frame was very, very short.
So then we reinstated it and said okay, we're going to get this thing back right away.
Well, they've discussed it a few times. And I don't blame them. I mean, I watched a
little bit of the last meeting and Commissioner was there and I appreciated your
comments and such, to know that they weren't going to get anywhere as far as like
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coming forward that night. Besides it was on the 12th, so it was too late for us anyway.
So now that it's going to be September, we find ourselves in the position of tether signs,
box signs, signs on boxes, and election is going to be in -- we have center district and a
bond election. We have for rent signs with no vacancy strapped across them. We have
sidewalks being blocked. We have multiple signs in a row. So it's proliferating.
You just sent us this memorandum from last December, so you can pretty much say it
wasn't an election anymore. You had 88 sign activities. Whether they were removed or
returned. And now we have zero, of course, or we started to pick up a little bit because
of the decision to do a little bit. So 88 much more before that, but that was an election,
so I want to be fair and not use that. But this is the road we're on and we've got June,
July, August, September. So by the time we get one back here, we're going to have a lot
of months of no enforcement of temporary signs. And so it's not an insult to bring it
back. It wasn't meant to be an insult to bring it back. What it was, was to clarify where
are we right now and when these signs start coming for November, what are going to
be? We're going to start seeing them on Shea again. We're going to start seeing them
in medians again, which we already have; and all these other violations. And I don't
think we want to look at that for the next six months.
Councilwoman?
KALIVIANAKIS: Thank you, Ms. --
SKILLICORN: Madam Mayor?
MAYOR DICKEY: Hold on. Brenda's going first.
KALIVIANAKIS: Okay. Thank you, Allen. I'll be brief.
Yeah, I do recall that. I think our message was fairly clear to staff at the time. And so I
do concur with Hannah. On the other hand, since then, and speaking with our town
manager and with town staff, I'm convinced in good faith that there was a lack of
guidance that, at least, they received. And so I think it's tricky. We thought that the
message was conveyed properly, and I don't think at this point, it was. Because I've
heard too many complaints from staff to say we don't have any guidance on this.
I live here and I've noticed a proliferation of a lot of signs that we originally thought
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about the proliferation of, and it was distressing. And so I specifically remember what
the Mayor said that this is going to take a month or two, it will go through planning and
zoning, it's going to get bumped up here. We're going to have a new sign ordinance.
And now it's languishing. It's going to be in September now before it's done. I've sat in
on the planning and zoning or watched them on YouTube and it's a very slow, tedious
process, of them trying to cobble together our new sign ordinance. I'm okay with
instructing the staff to resume the full sign ordinance enforcement as of tonight. With
the only adjustment or amendment to that would be, I would like for it to be to a time
certain. A shot clock, if you will, that we would reinstate the sign ordinance until
probably, maybe November? On the second meeting of November. That would give
planning and zoning a chance to take a look at it in September, possibly kick it back to
council and then we can have a vote on it at that time.
If we need additional time, we could also just bump it to January and do a second
extension. So what I would like to do is move to instruct staff to resume the full sign
code enforcement up until a date certain, that date to be determined tonight by council.
MAYOR DICKEY: Thank you. I would -- I mean, do I have a second?
GRZYBOWSKI: I second.
MAYOR DICKEY: Okay. Councilman Skillicorn?
SKILLICORN: Thank you, Madam Mayor. I distinctly remember that February meeting is
that there was a compromise made. And who knew that signs would be so
controversial. But that compromise that was made was to allow us to have an
ordinance but not have enforcement. And I still think that was clear. So I have a
contrary motion is to table this until we have something from planning and zoning that
we can work on.
MAYOR DICKEY: I know we have a motion and a second on the floor.
ARNSON: I'm checking.
MAYOR DICKEY: We're checking.
ARNSON: Okay. Thanks for your patience, Mayor and council. I was making sure we
handle this correctly. So I'm looking at Rule 6.6(c)(2) of our council rules of procedure
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which govern precedence of motions. We have a motion and a second on the table.
Under Section (c)(c)2, motions to table are postponed to a certain date and time take
precedence over the main motion. Did we get a second on the motion to table though?
That's the question. Okay.
FRIEDEL: I'll second that.
ARNSON: So then that would -- so then we would vote on the motion to table first. And
so if you want to table, vote yes. If you don't want to table, vote no. And then, if that
motion fails, we will proceed to vote on Councilwoman Kalivianakis' motion.
That make sense?
MAYOR DICKEY: Yes.
ARNSON: We're voting on the motion to table.
MAYOR DICKEY: There's a motion to table on the floor. Roll call, please?
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: No.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Yes.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: No.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Yes, to table.
MENDENHALL: Councilmember Toth?
TOTH: Yes.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: No.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: No.
MENDENHALL: It fails. Four to three.
MAYOR DICKEY: So we have a motion on the table to enforce the ordinance -- full
enforcement of ordinance on temporary signs until our second --
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KALIVIANAKIS: Second meeting in November.
MAYOR DICKEY: How about --
FRIEDEL: It's too long.
MAYOR DICKEY: How about the first meeting in November?
FRIEDEL: That would be better.
MAYOR DICKEY: Because I'm not sure about our second meeting because of
Thanksgiving things.
FRIEDEL: I still think that's too long. Why can't we do it in October?
GRZYBOWSKI: Well, I think the key is, John, is that going to give planning and zoning
enough time? I mean, that's the key. We need them before we can do our job.
WESLEY: Mayor and council, we'll be back to P&Z in September with revisions to the
ordinance as they've been looking at it. If they would approve it that night, then we
could have it at your second meeting in October. If they're still not ready to approve it,
then we go to your next meeting in October and keep going till they're ready to take
action.
MAYOR DICKEY: I think we're fine with what you said.
KALIVIANAKIS: Thank you, Ms. Mayor. I think that if planning and zoning bumped it up
in September and then we were to vote on it in October, it would replace that one that
we're resuming tonight. It would, by necessity, it would obviate the need for this old
sign ordinance to be applied. The new sign ordinance would then go into effect.
MAYOR DICKEY: So in other words, if she still keeps it on the first meeting in November,
if we got it sooner, we can always do it.
KALIVIANAKIS: Right.
MAYOR DICKEY: Yeah.
There's a motion on the floor.
MCMAHON: Second.
MAYOR DICKEY: And a second for full enforcement of the ordinance of temporary signs
until our first meeting in November. We have a motion and a second. Can we have a
roll call, please?
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MENDENHALL: Councilmember Toth?
TOTH: Madam Mayor, may I explain my vote?
MAYOR DICKEY: Sure.
TOTH: Thank you. I'll be brief. I ran on changing the sign ordinance. I understand that
it's taking longer than necessary. But as Councilman Skillicorn pointed out, we had
made an agreement in that last meeting and I voted against that because I predicted
this exact moment. And I have a couple of Councilmen that are aware of that as well. I
knew this would happen. My vote is no.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Councilmember Friedel?
FRIEDEL: No.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: No.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: Aye.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye. Thank you all.
MENDENHALL: It passes.
MAYOR DICKEY: Motion passes.
Our next item is a public hearing. I shall open the public hearing and talk about a zoning
change.
Hi.
TAVASSOLI: Madam Mayor, just give me just a second.
Madam Mayor, members of the council, what you have before you is a rezone request
for little over eight-tenths of an acre, dual-zone property in the Firerock subdivision.
The proposal is to rezone it from R1-35H, which is a single family residential and OSR to
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a uniform R1-35H, uniformly zoned property. So the property which I'll just go ahead
and show you here on the next slide is a little over 37,000 square feet. It's one parcel. It
was actually replatted late last year. The vast majority of it about 20,000 acres or so is --
I beg your pardon. More like 30,000 acres -- or square feet, pardon me. It's a little late.
Is zoned R1-35H and about 7,700 acres is zoned OSR, or open space reserve. So what
the applicant again, is proposing a uniform zoning, R1-35H. Now you may ask what is
the purpose of this rezoning? The applicant wishes to make an addition to the existing
primary residence that's on the property. However, with the previous lot configuration
those additions would have bust the 20 percent lot coverage limit. So what the
applicant did with the agreement from the Firerock HOA, is to basically transfer a
portion of the Firerock Country Club's property to the owner of the lot, so that basically
it was an expansion of the lot at 37,000 square feet.
So the recommendation before you from staff as well as the planning and zoning
commission is to approve the zone change request to create a uniformly zoned R1-35H
zone parcel, which would allow the applicant to make additions without exceeding the
lot coverage limit.
And with that, I'll open it up to questions. The applicant is here, waiting patiently, I
might add. And I'll turn it back to you.
FRIEDEL: Question for you. Did Firerock just give him that land?
TAVASSOLI: Madam Mayor, Councilmember Friedel, I'm not sure exactly what the
arrangement was but I don't think it was just a simply --
FRIEDEL: It wasn't just a donation?
TAVASSOLI: Yeah.
FRIEDEL: Okay.
MAYOR DICKEY: Do we have any speaker cards? I'm sorry.
MCMAHON: This is just for a private residence, correct?
TAVASSOLI: Correct.
MCMAHON: Okay. Thank you.
MENDENHALL: No, Mayor. We don't.
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MAYOR DICKEY: Thank you.
Okay. Any other comments or questions?
GRZYBOWSKI: I'd like to make a motion.
MAYOR DICKEY: I want to close the hearing.
GRZYBOWSKI: Oh, sorry.
MAYOR DICKEY: I remembered this time.
Now, make a motion.
GRZYBOWSKI: Move to adopt ordinance 2308?
TOTH: Second.
MAYOR DICKEY: Thank you. Roll call, please?
MENDENHALL: Councilmember Friedel?
FRIEDEL: Aye.
MENDENHALL: Councilmember Kalivianakis?
TOTH: Aye.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Yes.
MENDENHALL: Councilmember Toth?
TOTH: Aye.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: Aye.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye. Thank you.
Our next item is to change the name of the -- how should I say it? The Historic and
Cultural Advisory Commission. Who's doing this one? Rachael?
GOODWIN: Yep. I can take this one.
The commission was founded, I want to say the first of the year, give or take. And at the
inception of the commission a number of the commissioners wanted to reevaluate the
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name because it is in a resolution, it does require council direction and approval to do
so. Again, I think they take exception with the -- creating a grammatically correct
commission title. And actually, I think what they would prefer, and I could be wrong,
and I believe we have a comment card on it. Is they would prefer the Historic and
Culture commission?
MCMAHON: No, history.
MAYOR DICKEY: No, history.
GOODWIN: History and culture.
GRZYBOWSKI: History and Culture.
GOODWIN: See that's why you shouldn't ask me this, why I should read something.
GRZYBOWSKI: History and Culture.
GOODWIN: History and Culture Advisory Commission. So it still keeps the same initials,
it's just a semantics tweak.
MAYOR DICKEY: Thank you.
Do we have any speaker cards?
MENDENHALL: Yes, Mayor, we do. But they're -- it's just written comments and you
have one from Dianne Price. She's for the name change, but she's the one who points
out that it should be History and Culture. And then Rory Wilson is for the name change.
MAYOR DICKEY: Thank you.
Any further discussion? Can I get a motion?
TOTH: Not discussion. Just a motion. Everybody can let out their breath.
In that case, I move to change the name of the commission to the History and Culture
Commission as per Ms. Price's comment.
FRIEDEL: Second.
MAYOR DICKEY: Thank you.
Roll call, please?
MENDENHALL: Okay. Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Councilmember Skillicorn?
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SKILLICORN: Yes.
MENDENHALL: Councilmember Toth?
TOTH: Aye.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Aye.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: Aye.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye. Thank you.
So our last regular item is relating to the legislative -- the Leagues Legislative Bulletin. I
want to thank everybody for reporting from their policy committees. I look forward to
see what moves forward. I do have some things to say.
So there are 162 bills that have been signed into law. They adjourned last Monday and
will reconvene July 31st. they were off for about five weeks earlier until June 12th. And
I know people have been asking this and they do get paid their per diem. And the bills
will not become law now in a timely manner because the effective date for legislation is
90 days post sine die. And they won't be back until July 31st. Last week, two league
resolutions did pass the legislature with strong bipartisan majority. So what you're
doing now is formulating that for next year.
Lawmakers debated the 1246, which is the election for the transportation tax. And the
governor's announced her intention to veto it. It was the one that was negotiated by
mayors and such, but the bill was a lot different from that. So I don't know if she
actually did or not, because I wrote this yesterday.
1131, which was the residential leases municipal tax exemption, was approved. The
Governor had vetoed a similar measure earlier this year and again would have an
estimated impact of $230 million to the 75 cities and towns that levy this tax. In
Fountain Hills it would be about $500,000, a little bit more, every year, in revenue.
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All three of the zoning preemption bills, they did not get voted on. They all failed to
move. And then, yesterday, the Governor signed Senate Bill 1432 which sets up the
Standpipe district that will enter into an agreement with the City of Scottsdale to allow
Rio Verde Foothills community members on wild water to draw from the standpipe.
And I asked Aaron earlier, and this bill will have no impact on the Town of Fountain Hills.
So that's good. And hopefully, they will get that solution up and running.
Anything else on that?
KALIVIANAKIS: I just very quickly.
MAYOR DICKEY: Yes, ma'am.
KALIVIANAKIS: Is that going to offer the Rio Verde a temporary solution in addition to a
permanent solution? I mean, are they going to get water this summer; from what your
understanding is? I'm trying to figure that out.
MAYOR DICKEY: Yeah. I think the biggest thing that might take a while is to form the
group there that's going to be the layer of government for it. But once they do that it
will be temporary, leading to permanent. So it shouldn't be that much different from
what they were getting as far as getting the water and they're trying to do it as quickly
as they can,.
KALIVIANAKIS: Okay. Thank you.
MAYOR DICKEY: You're welcome.
Gerry, did you have any more news about that?
FRIEDEL: No.
MAYOR DICKEY: Okay. Any other direction to the town manager or future agenda items
for August 22nd?
KALIVIANAKIS: I don't think so.
MAYOR DICKEY: Thank you.
Did someone say we have no future?
GRZYBOWSKI: I said, way future. Way future.
MAYOR DICKEY: So again we're at the skate park on Saturday. Thank you, Vice Mayor
will be there on my behalf. And I'm sure you guys will be there.
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Fourth of July, music starts at 7:30, fireworks at 9. Have a fun, safe, summer.
We're here though. We're not going anywhere. You can always reach us and again,
have a great summer.
Thank you.
TOTH: Thank you.
MAYOR DICKEY: We're adjourned.
[MEETING ADJOURNED AT 9:02 P.M.]
Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting
of the Fountain Hills Town Council held on June 20, 2023, at 9:02 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 20th day of June 2023. I further certify that
the meeting was duly called and that a quorum was present.
DATED this 22nd Day of August 2023.
_____________________________
Linda G. Mendenhall, Town Clerk
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Ryan Preston, Recreation Manager
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of a Special Event Liquor License application by the Fearless Kitty Rescue for a wine
garden in conjunction with Wet Your Whiskers on October 14, 2023.
Staff Summary (Background)
This is a special event liquor license application submitted by Christine Fixico-Silver representing
Fearless Kitty Rescue for submission to the Arizona Department of Liquor. The special event liquor
license is being obtained for the purpose of holding a wine garden in conjunction with the Fearless
Kitty Fundraiser event, Wet Your Whiskers. This fundraiser is located on private property (Fearless
Kitty Rescue). The special event liquor license application was reviewed by staff for compliance with
Town ordinances and staff unanimously recommends approval of this special event liquor license
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)
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License.
Attachments
Fearless Kitty Special Event Liquor License
Form Review
Inbox Reviewed By Date
Finance Director David Pock 08/02/2023 05:19 PM
Town Attorney Aaron D. Arnson 08/03/2023 09:06 AM
Interim Town Manager Rachael Goodwin 08/08/2023 10:14 AM
Form Started By: Ryan Preston Started On: 07/31/2023 01:48 PM
Final Approval Date: 08/08/2023
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by:
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Request to apply and take receipt of Prop 202 Grant Funding from Salt River Pima-Maricopa
Indian Community.
Staff Summary (Background)
In order to market and promote the community, the Economic Development Department depends
heavily upon grant funding from the Arizona Office of Tourism (Proposition 302), Fort McDowell
Yavapai Nation, and the Salt River Pima-Maricopa Indian Community (Proposition 202). Staff is
seeking approval to apply for Prop 202 Grant Funding from the Salt River Pima-Maricopa Indian
Community in the amount of $50,000 for FY2023/24.The Economic Development and Community
Services Departments have undertaken significant marketing and advertising efforts to encourage
visitors to come to the Town. Previous marketing efforts include scoreboard advertisements during
spring training and in the past year the grant funding assisted in production and entertainment costs
for the annual Music Fest. If awarded the grant funding this year, the funds would support efforts to
enhance and elevate the Music Fest.
Please note the Town was invited on Wednesday, July 26, 2023 to apply for Prop 202 grant funding
and applications were due on Monday, August 14, 2023. Due to the deadline constraints and the
summer council break, Staff has applied for the grant however Council may direct staff to withdraw
the application if deemed necessary.
Related Ordinance, Policy or Guiding Principle
2022 Town of Fountain Hills Strategic Plan Priorities: Targeted Collaborative Economic Development
and Promote the Long-Term Financial Sustainability of Town Infrastructure, Environmental and Social
Resources.
Risk Analysis
Grants provide funding to support economic development, special events and tourism initiatives for
the Town of Fountain Hills. Failure to receive funding will result in less funding available for marketing
and promotion of the community, which may impact the number of visitors to Fountain Hills resulting
in a loss of bed and sales tax revenue.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve staff to apply, take receipt and make any necessary budget transfers of Prop 202
grant funding from the Salt River Pima-Maricopa Indian Community to support the Town's economic
development and tourism efforts.
Form Review
Inbox Reviewed By Date
Town Attorney Linda Mendenhall 08/03/2023 08:34 AM
Finance Director David Pock 08/03/2023 08:52 AM
Town Attorney Aaron D. Arnson 08/03/2023 09:07 AM
Interim Town Manager Rachael Goodwin 08/08/2023 10:10 AM
Form Started By: Amanda Jacobs Started On: 07/27/2023 10:50 AM
Final Approval Date: 08/08/2023
ITEM 8. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent 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: Approval of grant applications submitted to the Water Infrastructure Finance Authority of
Arizona. (AZWIFA)
Staff Summary (Background)
During the Town Council summer recess, staff was made aware of a grant opportunity through the
Water Infrastructure Finance Authority of Arizona. Staff reviewed the application and confirmed that
Fountain Hills met the criteria of the Water Conservation Grant Fund, which exists to provide financial
resources to eligible entities for the purpose of conserving Arizona’s water supply. Adhering to the
July 31 deadline, staff submitted a grant funding application package for two specific projects.
Project one considered for funding is a “turf conversion” project. The proposed project Is located on
the northwest and northeast corners of Fountain Hills Blvd and Shea Boulevard. The proposed work
for the first project consists of removing approximately 30,000 total square feet of irrigated grass and
non-drought tolerant trees and shrubs.
The grant provides funding to convert the area into a natural desert landscape, that includes trees
and various xeriscape drought-resistant landscaping plants and shrubs.
The proposed project is entirely located within existing Town of Fountain Hills Right-Of-Way.
The estimated construction cost for Project one is:
Turf and Tree Removal - $39,400
¾” Decomposed Granite (preparation, materials and labor) - $52,500
Proposed Xeriscape Landscape (materials and labor) – $13,300
Irrigation Conversion - $25,000
Other Materials and Labor - $ - 5,000
Project One Estimated Construction Cost - $135,200
Project two considered for funding is a “turf removal” project. The proposed project is located in
Fountain Park, adjacent to the splash pad.
The proposed work for the second project consists of removing approximately 8,100 total square feet
of irrigated grass. The grant funding will help to offset the cost of a Capital Improvement Project
approved by Council as part of this years’ budget. The project will also involve converting the existing
approved by Council as part of this years’ budget. The project will also involve converting the existing
irrigated grass into a splash pad picnic area and includes funding for irrigation improvements, trees,
shrubs and plants.
The estimated construction cost for Project two is:
Removal of Existing Turf - $4,000
¾” Decomposed Granite (preparation, materials and labor) - $14,175
Proposed Xeriscape Landscape (materials and labor) – $3,500
Irrigation Installation - $10,000
Other Materials and Labor - $ - 5,000
Project Two Estimated Construction Cost - $36,675
Staff worked diligently within Department Directors and Division Supervisors as well as our contracted
landscaping company to produce the grant application package.
These proposed projects fall in line with several goals and policies presented in the 2020 adopted
Town of Fountain Hills’ General Plan, Fountain Hills' Environmental Plan 2022, and The Arizona
Department of Water Resources 4th Management Plan for the Phoenix Active Management Area
Non-Per Capita Water Conservation Program.
The water conversion projects are estimated to save 7.33 acre-feet (approx. 2.4 million gallons) of
water annually between the two project locations. The estimated water savings is based on the
number of gallons of water needed for grass landscaping compared to natural desert landscaping.
The two project’s estimated cost is $173,709 (which includes a 5% contingency). The Town’s matching
funds will be $43,427, and the remaining $130,282 would be covered by the Water Conservation
Grant Fund. This project is planned to be completed within the 23-24 Fiscal Year. Once completed, the
water savings will be immediate within the first billing cycle.
Staff requests retroactive approval for the grant application as well as approval to receive the grant
and take all necessary steps to implement the grant, if awarded.
Related Ordinance, Policy or Guiding Principle
Fountain Hills’ General Plan, Fountain Hills' Environmental Plan 2022,
Risk Analysis
If approval is not granted, staff will withdraw the application and will not proceed with the grant effort
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends Council approval to proceed with the grant application process.
SUGGESTED MOTION
MOVE to approve applying for grants from the Water Infrastructure Finance Authority of Arizona, and
if the grant is approved, authorize the associated projects and necessary budget transfers.
Fiscal Impact
Fiscal Impact:$43,427
Budget Reference:N/A
Funding Source:Capital Projects
If Multiple Funds utilized, list here:N/A
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Grant Application
Projects budget
Project one location map
Project two location map
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 08/07/2023 05:45 PM
Finance Director David Pock 08/09/2023 11:05 AM
Public Works Director (Originator)Justin Weldy 08/09/2023 11:17 AM
Finance Director David Pock 08/09/2023 01:14 PM
Town Attorney Aaron D. Arnson 08/09/2023 02:28 PM
Interim Town Manager Rachael Goodwin 08/10/2023 01:51 PM
Form Started By: Justin Weldy Started On: 07/26/2023 06:52 AM
Final Approval Date: 08/10/2023
A
ll that is A r i z o n a
F O U N TAIN HIL
L
S
TOWN OF INC. 1989
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
SHEA BLVD. AND FOUNTAIN
HILLS BLVD. - TURF
REMOVAL PROJECT
FOUNTAIN HILLS, AZ
85268
WATER
CONSERVATION
GRANT FUND
EXHIBIT A
TOWN OF FOUNTAIN HILLS
A
ll that is A r i z o n a
F O U N TAIN HIL
L
S
TOWN OF INC. 1989
PUBLIC WORKS
FOUNTAIN PARK - TURF
REMOVAL PROJECT
FOUNTAIN HILLS, AZ
85268
WATER
CONSERVATION
GRANT FUND
EXHIBIT B
2023 Water Conservation Grant Fund (WCGF) C3
Town of Fountain Hills, Arizona
Non-Functional Turf Removal on Fountain Hills Town Property
Water Usage Calculations
Existing Meter Calculations:
EPCOR Meter Number Location Landscaping Type Total Area (sf)Annual Water Use (gal)Annual Use (gal/sf)
52798314 Fountain Hills Blvd - East Side Landscaping Grass 20900 1427000 68.28
60820405 Median along Golden Eagle Blvd Natural Desert 58807 328000 5.58
Note: These two values are the
assumed water usage values for
calculating the grass landscaping
vs. desert landscaping. (Baseline
water demand rates)
Water Usage for Project Area
Fountain Hills Blvd and Shea Blvd
Area (sf)Existing Annual Usage (gal)Proposed Annual Usage (gal)Annual Savings (gal)
30,000 2048325.36 167327.02 1880998.34
Fountain Park
Area (sf)Existing Annual Usage (gal)Proposed Annual Usage (gal)Annual Savings (gal)
8,100 553047.85 45178.30 507869.55
Total Annual Savings (gal)Total Annual Savings (Acre-Ft)
2388867.89 7.33
Note: While calculations utilize actual EPCOR billing and usage information, actual water conservation are approximated and may vary.
2023 Water Conservation Grant Fund (WCGF) C3
Town of Fountain Hills, Arizona
Non-Functional Turf Removal on Fountain Hills Town Property
Project Budget Estimation
Quantities are for estimating purposes only, engineer makes no guarantee of accuracy
Description of Item Unit Quantity Unit Cost Total Cost
Removal of Existing Grass Turf (30,000SF)LS 1 25,000.00$ 25,000$
Removal of Existing Palm Trees EA 12 1,200$ 14,400$
3/4" Decomposed Granite (Preparation, Materials, Installation)TON 300 175.00$ 52,500$
Pistache Trees, 15 Gallon EA 28 100$ 2,800$
Desert Shrubs, 5 Gallon EA 150 30$ 4,500$
Irrigation Conversion LS 1 25,000$ 25,000$
Planting Labor LS 1 6,000$ 6,000$
Extra Materials and Labor LS 1 5,000$ 5,000$
135,200$
Removal of Existing Grass Turf (8,100SF)LS 1 4,000.00$ 4,000$
3/4" Decomposed Granite (Preparation, Materials, Installation)TON 81 175.00$ 14,175$
Pistache Trees, 15 Gallon EA 4 100$ 400$
Desert Shrubs, 5 Gallon EA 50 30$ 1,500$
Irrigation Installation LS 1 10,000$ 10,000$
Planting Labor LS 1 1,600$ 1,600$
Extra Materials and Labor LS 1 5,000$ 5,000$
36,675$
0.05 1,834$
173,709$
173,709$
0.75 130,282$
0.25 43,427$
FOUNTAIN HILLS BLVD. AND SHEA BLVD
SUBTOTAL FOUNTAIN HILLS BLVD. AND SHEA BLVD.
FOUNTAIN PARK
SUBTOTAL FOUNTAIN PARK
CONSTRUCTION CONTINGENCIES (%)
MUNICIPALITY MATCH COST SHARE (25%)
CONSERVATION ACTIVITY TOTAL COST ESTIMATE
NON-FUNCTIONAL TURF REMOVAL ON FOUNTAIN HILLS TOWN PROPERTY TOTAL COST ESTIMATE
TOTAL COST SHARE
AMOUNT REQUESTED FROM THE WCGF (75%)
2023 Water Conservation Grant Fund (WCGF) C3
Town of Fountain Hills, Arizona
Non-Functional Turf Removal on Fountain Hills Town Property
Project Budget Estimation
Quantities are for estimating purposes only, engineer makes no guarantee of accuracy
FOUNTAIN HILLS BLVD. AND SHEA BLVD
Description of Item Unit Quantity Unit Cost Total Cost
Removal of Existing Grass Turf (30,000SF)LS 1 $25,000.00 $25,000
Removal of Existing Palm Trees EA 12 $1,200 $14,400
3/4" Decomposed Granite (Preparation, Materials, Installation)TON 300 $175.00 $52,500
Pistache Trees, 15 Gallon EA 28 $100 $2,800
Desert Shrubs, 5 Gallon EA 150 $30 $4,500
Irrigation Conversion LS 1 $25,000 $25,000
Planting Labor LS 1 $6,000 $6,000
Extra Materials and Labor LS 1 $5,000 $5,000
SUBTOTAL FOUNTAIN HILLS BLVD. AND SHEA BLVD. $135,200
FOUNTAIN PARK
Removal of Existing Grass Turf (8,100SF)LS 1 $4,000.00 $4,000
3/4" Decomposed Granite (Preparation, Materials, Installation)TON 81 $175.00 $14,175
Pistache Trees, 15 Gallon EA 4 $100 $400
Desert Shrubs, 5 Gallon EA 50 $30 $1,500
Irrigation Installation LS 1 $10,000 $10,000
Planting Labor LS 1 $1,600 $1,600
Extra Materials and Labor LS 1 $5,000 $5,000
SUBTOTAL FOUNTAIN PARK $36,675
CONSTRUCTION CONTINGENCIES (%)0.05 $1,834
NON-FUNCTIONAL TURF REMOVAL ON FOUNTAIN HILLS TOWN PROPERTY TOTAL COST ESTIMATE $173,709
TOTAL COST SHARE
CONSERVATION ACTIVITY TOTAL COST ESTIMATE $173,709
AMOUNT REQUESTED FROM THE WCGF (75%)0.75 $130,282
MUNICIPALITY MATCH COST SHARE (25%)0.25 $43,427
Shea Blvd. Multi-Use Path
Shea Boulevard in Scottsdale, AZ and Fountain Hills, AZ
Project Readiness - Project Schedule
Tuesday, February 28, 2023
ID Task Name Duration (Days)Start Finish
1 Project Award Notification 0 6/28/2023 6/28/2023
2 Kick-off Meeting with ADOT and Municipalities 0 7/5/2023 7/5/2023
3 IGA with Appropriate Municipalities and Agencies 30 7/5/2023 8/4/2023
4 Procurement for Design Services 60 8/4/2023 10/3/2023
5 Engineering Design
6 30% Plan Preparation 120 10/3/2023 1/31/2024
7 30% Plans - Municipal Submittal/Review 30 1/31/2024 3/1/2024
8 30% Plans - ADOT Submittal/Review 30 1/31/2024 3/1/2024
9 60% Plan Preparation 120 3/1/2024 6/29/2024
10 60% Plans - Municipal Submittal/Review 30 6/29/2024 7/29/2024
11 60% Plans - ADOT Submittal/Review 30 6/29/2024 7/29/2024
12 90% Plan Preparation 120 7/29/2024 11/26/2024
13 90% Plans - Municipal Submittal/Review 30 11/26/2024 12/26/2024
14 90% Plans - ADOT Submittal/Review 30 11/26/2024 12/26/2024
15 Final 100% Plan Preparation 30 12/26/2024 1/25/2025
16 Final 100% ADOT & Municipal Submittal/Review/Approval 30 1/25/2025 2/24/2025
17 Environmental Impact Study 360 3/1/2024 2/24/2025
18 Utility Coordination 90 11/26/2024 2/24/2025
19 Utility Clearance Letters 30 2/24/2025 3/26/2025
20 Procurement for Construction Services 60 2/24/2025 4/25/2025
21 Construction 360 4/25/2025 4/20/2026
22 Project Closeout 360 4/20/2026 4/15/2027
Shea Blvd. Multi-Use Path - Project Schedule
Start Duration (Days)
Shea Blvd. Multi-Use Path - Project Schedule
Start Duration (Days)
A
ll that is A r i z o n a
F O U N TAIN HIL
L
S
TOWN OF INC. 1989
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
SHEA BLVD. AND FOUNTAIN
HILLS BLVD. - TURF
REMOVAL PROJECT
FOUNTAIN HILLS, AZ
85268
WATER
CONSERVATION
GRANT FUND
EXHIBIT A
TOWN OF FOUNTAIN HILLS
A
ll that is A r i z o n a
F O U N TAIN HIL
L
S
TOWN OF INC. 1989
PUBLIC WORKS
FOUNTAIN PARK - TURF
REMOVAL PROJECT
FOUNTAIN HILLS, AZ
85268
WATER
CONSERVATION
GRANT FUND
EXHIBIT B
ITEM 8. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 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 AND POSSIBLE
ACTION: Adoption of Resolution 2023-27, Accepting Gila River Indian Community Grant Funding on
behalf of the Fountain Hills Chamber of Commerce.
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 Gila River Indian Community has awarded the Fountain Hills Chamber of Commerce a total of
$12,500 for the Young Entrepreneur and Student Internship Program. The Town will serve as the
"pass through" in accordance with Prop 202 and the administration of the grant will be the sole
responsibility of the Fountain Hills Chamber of Commerce.
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
If the resolution is not approved, the Fountain Hills Chamber of Commerce will not receive $12,500 for
their Young Entrepreneur and Student Internship Program.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the resolution.
SUGGESTED MOTION
MOVE to adopt Resolution 2023-27.
Attachments
Resolution 2023-27
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 08/08/2023 05:55 PM
Finance Director David Pock 08/09/2023 10:45 AM
Finance Director David Pock 08/09/2023 10:45 AM
Town Attorney Aaron D. Arnson 08/09/2023 10:49 AM
Interim Town Manager Rachael Goodwin 08/10/2023 09:41 AM
Form Started By: Amanda Jacobs Started On: 08/08/2023 09:19 AM
Final Approval Date: 08/10/2023
PAGE 1
RESOLUTION NO. 2023-27
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, PROVIDING “PASS THROUGH” SUPPORT
FOR THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR GILA RIVER
GRANT FUNDING
RECITALS:
WHEREAS, the Town of Fountain Hills, being a qualifying entity, acts as a “Pass Through”
agency for the Fountain Hills Chamber of Commerce by accepting any dispersed funds intended
for the Fountain Hills Chamber of Commerce from the Gila River Grants Review Committee and
in accordance with the terms and conditions of said grant.
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 Town hereby authorizes the acceptance of funds.
SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby
authorized and directed to cause the execution of the grant funding 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
22nd day of August, 2023.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Linda G. Mendenhall, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Rachael Goodwin, Interim Town Manager Aaron D. Arnson, Town Attorney
ITEM 8. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Fire Department
Prepared by: Dave Ott, Fire Chief
Staff Contact Information: Dave Ott, Fire Chief
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of a Cooperative Purchasing Agreement (C2024-013) with L.N. Curtis and Sons for
the purchase of new structure and wildland firefighter personal protective equipment (PPE).
Staff Summary (Background)
The current firefighter PPE is supplied and owned by Rural Metro, not the Town. The staff did due
diligence in reviewing PPE options in making their selection. All options selected meet NFPA
requirements. L.N. Curtis and Sons is a member of the Sourcewell Group Purchasing Cooperative,
Contract #032620PPE. This is a competitive contract with around 20 vendors submitting for inclusion
in the contract. The average serviceable life of the PPE is seven to ten years.
Related Ordinance, Policy or Guiding Principle
This equipment is necessary to help provide for the health and safety of the town residents, visitors,
and firefighters.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
NA
Staff Recommendation(s)
Staff recommends the approval of the proposed PPE purchase.
SUGGESTED MOTION
MOVE to Approve the Cooperative Purchasing Agreement (C2024-013) with L.N. Curtis and Sons for
the acquisition of new structure and wildland firefighting PPE in an amount not to exceed
$250,000.00.
Attachments
2024-013
2024-013A
2024-013B
Form Review
Inbox Reviewed By Date
Fire Chief (Originator)Dave Ott 08/09/2023 02:34 PM
Finance Director David Pock 08/10/2023 08:08 AM
Town Attorney Aaron D. Arnson 08/10/2023 03:58 PM
Interim Town Manager Rachael Goodwin 08/10/2023 06:12 PM
Form Started By: Dave Ott Started On: 08/09/2023 01:48 PM
Final Approval Date: 08/10/2023
1
Contract No. 2024-013
COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND L.N. CURTIS & SONS, INC.
THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), L.N. Curtis & Sons, Inc., a(n) California corporation (the “Contractor”).
RECITALS
A. After a competitive procurement process (RFP#032620), a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statues Section 123A.21) that offers cooperative procurement solutions to its members, entered into contract No. 032620-LNC dated May 5, 2020, as amended, (the “Sourcewell Contract”) for the Contractor to provide Firefighting Personal Protective Equipment, Apparel, and Accessories, with Related Cleaning and Maintenance Equipment. A copy of the Sourcewell contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the Sourcewell Contract, at its discretion and with the agreement of the awarded Contractor, and the Sourcewell Contract permits its cooperative use by other public entities, including the Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the Sourcewell Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide Firefighting Personal Protective Equipment, Apparel, and Accessories, with Related Cleaning and Maintenance Equipment (the “Materials and Services”), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and
Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date of execution and attested by the Town Clerk pursuant to Section 3-3-31 of the Town Code, and shall remain in full force and effect until May 7, 2024 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the Sourcewell Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (the “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent
year, (ii) the term of the Sourcewell Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year term
in writing (including any
2
price adjustments approved as part of the Sourcewell Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure
to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any
Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. Contractor shall provide to the Town the Services under the terms and
conditions of the Sourcewell Contract and according to the specifications set forth in the Contractor’s Proposal attached hereto as Exhibit B and incorporated herein by reference.
2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or
the Sourcewell Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non-conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring Materials or Services into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel any work order within a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance
of the work order. The Town will not reimburse the Contractor for any costs incurred after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to issuance of a work order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay Contractor an amount not to exceed $250,000 (including all renewals) for the Materials and Services at the rates set forth in the Sourcewell Contract and as more particularly set forth in Exhibit B. The aggregate amount per renewal term shall not exceed
$50,000 in any case unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and conditions of the Agreement shall remain in full force and effect.
4. Payments. The Town shall pay the Contractor monthly (and the Contractor shall invoice monthly), based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this
Agreement and the Sourcewell Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended, and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Sourcewell Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books,
3
records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration
of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The
Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Israel. Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel.
8. China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees and certifies that it does not currently, and agrees for the duration of this Agreement that Vendor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Vendor also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents from any claims or causes of action relating to the Town’s action based upon reliance upon this representation, including the payment of all costs and attorney fees incurred by the Town in defending such as action.
9. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 10. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of
Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona.
11. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are
current expenses subject to the “budget law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that
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the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section.
12. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Sourcewell Contract, the Proposal, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the Sourcewell Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Sourcewell
Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement.
13. Rights and Privileges. To the extent provided under the Sourcewell Contract, the Town shall be afforded all of the rights and privileges afforded to Sourcewell and shall be the “Sourcewell” (as defined in the Sourcewell Contract) for the purposes of the portions of the Sourcewell Contract that are incorporated herein by reference.
14. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to the Sourcewell to the extent provided under the Sourcewell Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member,
officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate
proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in
connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.
15. Laws and Regulations. Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Consultant is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and
future Occupational Safety and Health Administration standards.
16. Notices and Requests. Any notice or other communication required or permitted t0 be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and
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If to Contractor: L.N. Curtis & Sons, Inc. 4687 South 33rd St. Phoenix, Az. 85040 Attn: Gary Norton
reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Rachael Goodwin, Interim Town Manager With Copy to: Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed,
with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES APPEAR ON FOLLOWING PAGES]
EXHIBIT A TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN THE TOWN OF FOUNTAIN HILLS AND L.N. CURTIS & SONS, INC.
[Sourcewell Contract] See following pages.
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Solicitation Number: RFP #032620
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and L.N. Curtis & Sons, 185 Lennox Lane, Suite 100, Walnut Creek, CA
94598 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to its members. Participation is open to all levels of
governmental entity, higher education, K-12 education, nonprofit, tribal government, and other
public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and its Members (Members) in the United States only.
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires May 7, 2024, unless it is cancelled
sooner pursuant to Article 24. This Contract may be extended up to one additional one-year
period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this
Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out or refurbished Equipment or Products if they are clearly indicated in
Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or
Products must be delivered as operational to the Member’s site.
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This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and
distributors must agree to assist the Member in reaching a resolution in any dispute over
warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the
expiration of the Vendor’s warranty will be passed on to the Member.
C. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to
Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers
relative to the Equipment, Products, and Services related to this Contract. This list may be
updated from time-to-time and is incorporated into this Contract by reference. It is the
Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s
Proposal.
Regardless of the payment method chosen by the Member, the total cost associated with any
purchase option of the Equipment, Products, or Services must always be disclosed in the pricing
quote to the applicable Member at the time of purchase.
When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total
cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and
Services that are operational for their intended purpose, and includes all costs to the Member’s
requested delivery location.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Vendor must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve
the right to inspect the Equipment and Products at a reasonable time after delivery where
circumstances or conditions prevent effective inspection of the Equipment and Products at the
time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
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Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products, the Member will notify the Vendor as soon as
possible and the Vendor will replace nonconforming Equipment and Products with conforming
Equipment and Products that are acceptable to the Member.
B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption
certification(s). When ordering, Members must indicate if it is a tax-exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Members.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator. This form is available
from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number
x Clearly specify the requested change
x Provide sufficient detail to justify the requested change
x Individually list all Equipment, Products, or Services affected by the requested
change, along with the requested change (e.g., addition, deletion, price change)
x Include a complete restatement of pricing documentation in Microsoft Excel
with the effective date of the modified pricing, or product addition or deletion. The
new pricing restatement must include all Equipment, Products, and Services offered,
even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will be become an
amendment to this Contract and be incorporated by reference.
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5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS
A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the
United States and Canada; such as municipal, state/province, K-12 and higher education, tribal
government, and other public entities.
The benefits of this Contract should be available to all Members that can legally access the
Equipment, Products, or Services under this Contract within the United States. A Member’s
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Vendor understands that a Member’s use of
this Contract is at the Member’s sole convenience and Members reserve the right to obtain like
Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership
requirements and documentation and will encourage potential members to join Sourcewell.
Sourcewell reserves the right to add and remove Members to its roster during the term of this
Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government-
owned facilities, including schools. Vendor’s employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Member policies and
procedures, and all applicable laws.
6. MEMBER ORDERING AND PURCHASE ORDERS
A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or
Services under this Contract, Member must clearly indicate to Vendor that it intends to access
this Contract; however, order flow and procedure will be developed jointly between Sourcewell
and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may
use their own forms for purchase orders, but it should clearly note the applicable Sourcewell
contract number. Members will be solely responsible for payment and Sourcewell will have no
liability for any unpaid invoice of any Member.
B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order
may be negotiated between a Member and Vendor, such as job or industry-specific
requirements, legal requirements (such as affirmative action or immigration status
requirements), or specific local policy requirements. Any negotiated additional terms and
conditions must never be less favorable to the Member than what is contained in Vendor’s
Proposal.
C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond
that meets the requirements set forth in the Member’s purchase order.
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D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or
specialized performance requirements (such as e-commerce specifications, specialized delivery
requirements, or other specifications and requirements) not addressed in this Contract, the
Member and the Vendor may enter into a separate, standalone agreement, apart from this
Contract. Sourcewell, including its agents and employees, will not be made a party to a claim
for breach of such agreement.
E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in
whole or in part, immediately upon notice to Vendor in the event of any of the following
events:
1. The Member fails to receive funding or appropriation from its governing body at
levels sufficient to pay for the goods to be purchased;
2. Federal or state laws or regulations prohibit the purchase or change the
Member’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms
agreed to between the Vendor and a Member.
F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Member’s purchase order will be determined by the Member making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Member inquiries; and
x Business reviews to Sourcewell and Members, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to members, pricing and
contract terms, administrative fees, supply issues, customer issues, and any other necessary
information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract
sales activity report (Report) to the Sourcewell Contract Administrator assigned to this
Contract. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
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The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department);
x Customer Physical Street Address;
x Customer City;
x Customer State;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Member Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Members. The Vendor will submit a check payable to Sourcewell for the
percentage of administrative fee stated in the Proposal multiplied by the total sales of all
Equipment, Products, and Services purchased by Members under this Contract during each
calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo
and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be
received no later than forty-five (45) calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract’s expiration date, the administrative fee payment will be due no more than thirty (30)
days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s
Authorized Representative changes at any time during this Contract, Vendor must promptly
notify Sourcewell in writing.
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10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not
waive the provision or the right to enforce it.
D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract, whether written or
oral, may be used to bind either party.
E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, master-
servant, principal-agent, or any other relationship.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and
employees, harmless from any claims or causes of action, including attorneys’ fees, arising out
of the performance of this Contract by the Vendor or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications.
12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting
procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years
from the end of this Contract. This clause extends to Members as it relates to business
conducted by that Member under this Contract.
13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
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If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
14. INTELLECTUAL PROPERTY
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members
against any and all suits, claims, judgments, and costs instituted or recovered against
Sourcewell or Members by any person on account of the use of any Equipment or Products by
Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright
laws.
15. PUBLICITY, MARKETING, AND ENDORSEMENT
A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved
by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to
this Contract.
C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party’s reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
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remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute
and work in good faith to resolve such dispute within a reasonable period of time. If
necessary, Sourcewell and the Vendor will jointly develop a short briefing document
that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as
specified above, either Sourcewell or Vendor may escalate the resolution of the issue to
a higher level of management. The Vendor will have thirty (30) calendar days to cure an
outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a
dispute, the Vendor must continue without delay to carry out all of its responsibilities
under the Contract that are not affected by the dispute. If the Vendor fails to continue
without delay to perform its responsibilities under the Contract, in the accomplishment
of all undisputed work, any additional costs incurred by Sourcewell and/or its Members
as a result of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Member order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non-defaulting
party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued
against the Contract.
20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better,
with coverage and limits of insurance not less than the following:
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1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering
its operations, with coverage on an occurrence basis, and must be subject to terms no
less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form
CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising
from premises, operations, bodily injury and property damage, independent
contractors, products-completed operations including construction defect, contractual
liability, blanket contractual liability, and personal injury and advertising injury. All
required limits, terms and conditions of coverage must be maintained during the term
of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Vendor will maintain insurance covering all owned, hired, and non-owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer).
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain
umbrella coverage over Workers’ Compensation, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability.
During the term of this Contract, Vendor will maintain coverage for all claims the Vendor
may become legally obligated to pay resulting from any actual or alleged negligent act,
error, or omission related to Vendor’s professional services required under this
Contract.
Minimum Limits:
$2,000,000 per claim or event
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$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this
Contract, Vendor will maintain coverage for network security and privacy liability. The
coverage may be endorsed on another form of liability coverage or written on a
standalone policy. The insurance must cover claims which may arise from failure of
Vendor’s security resulting in, but not limited to, computer attacks, unauthorized
access, disclosure of not public data – including but not limited to, confidential or
private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by
a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include
there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty
(30) days’ prior written notice to the Vendor.
Upon request, Vendor must provide to Sourcewell copies of applicable policies and
endorsements, within ten (10) days of a request. Failure to request certificates of insurance by
Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves
Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their
officers, agents, and employees, as an additional insured under the Vendor’s commercial
general liability insurance policy with respect to liability arising out of activities, “operations,” or
“work” performed by or on behalf of Vendor, and products and completed operations of
Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Vendor or its subcontractors. The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either
providing a primary policy or in combination with umbrella/excess liability policy(ies).
F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to
Sourcewell’s approval.
21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local
licenses, bonds, and permits required for the operation of the business that the Vendor
conducts with Sourcewell and Members.
22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota, the United States federal government, or any Member.
Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal
offense related to the subject matter of this Contract. Vendor further warrants that it will
provide immediate written notice to Sourcewell if this certification changes at any time.
23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Members that use United States federal grant or FEMA funds to purchase goods or services
from this Contract may be subject to additional requirements including the procurement
standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements
for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based
on specific funding specifications. Within this Article, all references to “federal” should be
interpreted to mean the United States federal government. The following list only applies when
032620-LNC
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a Member accesses Vendor’s Equipment, Products, or Services with United States federal
funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing
regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
032620-LNC
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work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency. Vendor
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor
certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file
any required certifications. Vendors must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
032620-LNC
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covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. §
1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years
after grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this
Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
also includes timely and reasonable access to Vendor’s personnel for the purpose of interview
and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
032620-LNC
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24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty
(60) days’ written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Termination of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to termination.
Sourcewell L.N. Curtis & Sons
By: __________________________ By: __________________________
Jeremy Schwartz Nick Lawrence
Title: Director of Operations &
Procurement/CPO
Title: Special Programs Director
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
Table 14: Industry Specific Questions
Line
Item Question Response *
66 If you are awarded a contract, provide a few examples of internal metrics that will
be tracked to measure whether you are
having success with the contract.
Per our standard operating procedures, Curtis tracks Key Performance Indicators (KPIs) to make sure our business is tracking per plan.
KPI-related data is extracted from our Enterprise Resource Planning platform, Oracle-
NetSuite. Oracle-NetSuite, a cloud ERP solution that automates front and back-office
processes enable the Company to track all critical business functions including
financial management, revenue management, fixed assets, order
entry/management/tracking, billing, and inventory management. Oracle-NetSuite enables Curtis management to generate real-time performance and
status reports (e.g., sales (orders and frequency) fill rates vendor performance
returns due to improper shipments and defective items and back-orders).
*
Using Oracle-NetSuite, Curtis tracks performance of all orders, awards, contracts, and
programs, including, should Curtis be honored with a contract, the Company's
performance in support of Sourcewell.
67 Describe the unique design and feature
attributes of the products and/or equipment
offered in your proposal.
As the largest stocking distributor of firefighting equipment in the West and one of
the largest distributors of firefighting equipment and services in America, Curtis is
offering the premium brand of products in the defined categories along with on-site
product support and customer service.
*
In addition to products being offered at best pricing, Curtis offers the membership a full suite of Integrated Logistics Support and Services product specialists who are
trained and certified by manufacturers to provide deployment support and, product
training in use, care, maintenance and repair, and safety.
68 Describe available options for
customization of the products and/or
equipment offered in your proposal.
Typically, PPE are highly customized products, based on the requirements of each
department, and sometimes, each firefighter.
Curtis' Sales and Product Support teams provide the market with pre-sales product
training and education to help define the best materials and optimal design
requirements required to meet each department's unique Risk Assessment.
*
69 Explain your processes for sizing, fitting,
and the alteration of the products and/or
equipment offered in your proposal, as
applicable.
Curtis' Sales and Product Support Teams provide on-site sizing, when required, for
PPE orders at no additional charge. Sizing is accomplished using actual sizing sets.
Each firefighter dons sizing samples until a proper fit is identified.
*
Additionally, ECMS (a Curtis wholly-owned subsidiary) provides NFPA 1851-compliant
PPE inspection, repair and cleaning services. ECMS is included in this Curtis
proposal.
70 If you provide on-site or in-person sales,
service, training, and/or support, explain
how those activities are handled and the
unique attributes of your process.
All on-site services are coordinated and mutually agreed upon with appropriate
agency personnel prior any work performed.
*
71 Describe your compliance with applicable
national standards for the products and/or
equipment offered in your proposal, such
as: National Fire Protection Association
(NFPA), Occupational Safety and Health
Administration (OSHA), and American
National Standards Institute (ANSI).
All products included in this Curtis proposal comply to the related and associated
national standards and industry segment requirements, including NFPA, USFS/NFES,
ANSI, ASTM, and 29 Code of Federal Regulations (CFR) 1910 (OSHA).
*
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell
have been incorporated into the contract text.
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Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
Sourcewell Contract #032620-LNC| Amendment #1
Page 1 of 1
AMENDMENT #1
TO
CONTRACT #032620-LNC
THIS AMENDMENT is effective upon the date of the last signature below by and between
Sourcewell and L.N. Curtis & Sons (Vendor).
Sourcewell awarded a contract to Vendor to provide Firefighting Personal Protective
Equipment, Apparel, and Accessories, with Related Cleaning and Maintenance Equipment,
effective May 5, 2020, through May 7, 2024 (Contract).
The Vendor’s business address listed in the Contract contains a scrivener’s error. The correct
address is: 185 Lennon Lane, Suite 110, Walnut Creek, CA 94598.
Except as amended above, the Contract remains in full force and effect.
Sourcewell L.N. Curtis & Sons
By: By:
Jeremy Schwartz, Director of Operations/CPO Angela Mackey
Date: Title:
Approved: Date:
By:
Chad Coauette, Executive Director/CEO
Date:
DocuSign Envelope ID: C2FF1FA8-F1A3-4DF4-9C2B-2C08B36B2E3A
6/22/2023 | 5:12 PM CDT
Director of Customer Service6/22/2023 | 5:14 PM CDT
6/22/2023 | 6:10 PM CDT
L.N. Curtis #032620-LNC
Pricing for contract #032620-LNC is provided at discount range of 2% - 40% from MSRP price list to Sourcewell
participating agencies.
EXHIBIT B TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN THE TOWN OF FOUNTAIN HILLS AND L.N. CURTIS & SONS, INC.
[Quote or Work Order] See following pages.
Ph: 602-453-3911
TF: 877-453-3911
Fax: 602-453-3910
azsales@lncurtis.com
UEI#: DDLSADSWN7U7
Southwest Division
4647 South 33rd Street
Phoenix, AZ 85040
www.LNCurtis.com
Quotation No. 269704
Page 1 of 4
Quotation
CUSTOMER:SHIP TO:
Fountain Hills Fire Department
16426 East Palisades
Boulevard
Fountain Hills AZ 85268
Fountain Hills Fire Department
16426 East Palisades Blvd.
Fountain Hills AZ 85268
QUOTATION NO.ISSUED DATE EXPIRATION DATE
269704 07/26/2023 08/25/2023
SALESPERSON CUSTOMER SERVICE REP
Gary Norton
gnorton@lncurtis.com
480-296-5202
Gary Norton
gnorton@lncurtis.com
480-296-5202
REQUISITION NO.REQUESTING PARTY CUSTOMER NO.TERMS OFFER CLASS
Chief Dave Ott C34488 Net 30 SW-PPE
F.O.B.SHIP VIA DELIVERY REQ. BY
SP Standard Shipping
SPECIAL INSTRUCTIONS
Pricing in accordance wihth our Sourcewell Group Purhcasing Cooperative contract. #032620PPE
NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional
information, or would like to place an order, please contact your Customer Service Rep as noted above.
Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared
by the manufacturer of the product. Any handlers or users of product should refer to applicable SDS prior to handling or utilizing the
product. Applicable SDS are included with shipment of products. For other important product notices and warnings, or to request an
SDS, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE
1 33 EA G-XTREME 3.0
JACKET - GLOBE
CUSTOM
As follows:
WARNING: This Product Contains PFAS
to achieve liquid repellency and/or meet
current applicable NFPA performance
standards.
Globe G-xtreme 3.0 Jacket
Dark Gold Agility Outer shell
Titanium SL2i thermal liner
Crosstech Black moisture barrier
ScotchliteLime yellow Triple trim
Cuff reinforcements
Nomex Hand/wrist guards
Radio pocket w/mic strap above
$1,999.50 $65,983.50
Ph: 602-453-3911
TF: 877-453-3911
Fax: 602-453-3910
azsales@lncurtis.com
UEI#: DDLSADSWN7U7
Southwest Division
4647 South 33rd Street
Phoenix, AZ 85040
www.LNCurtis.com
Quotation No. 269704
Page 2 of 4
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE
2 33 PR GPS GLOBE
CUSTOM
As below:
WARNING: This product contains PFAS
to achieve liquid repellency and/or meet
current applicable NFPA performance
standards
Globe GPS Pant system Pant - 4 fits
Dark Gold Agility Outer shell
Titanium SL2i therma liner
Crosstech Black moisture barrier
Scotchlite lime yellow triple trim around
lower leg
Pockets, Cuff and Knee reinforcements
Padded knees
Belt closure
Padded RipCord Suspenders included.
$1,599.00 $52,767.00
3 33 PR 1501420-10-M
GLO
Size 10M 14" Shadow XF Pull-On
Regular Calf Structure Boots, Meets
NFPA 1971, NFPA 1992
* This PPE Product Contains PFAS
Chemicals for Water and Oil Repellency
OM $580.00 $19,140.00
4 33 EA G200001D
GLOBE
Globe Guard Hood OM $164.24 $5,419.92
5 33 PR FC-C1000-L
FIRECRAFT
Large 76W INFERNO Gloves, Gauntlet OM $140.60 $4,639.80
6 33 EA 360SFSY CAIRNS Yellow 360S MSA Cairns Modern
Helmet:
* 4" Standard Faceshield
* Economy Flannel Headband Liner
* Yellow Nomex Earlap
* 2-Point Removable Nomex Chinstrap
with Quick Release & Postman's Slide
* Lime/Yellow Reflexite Tetrabar Trim
$335.00 $11,055.00
Ph: 602-453-3911
TF: 877-453-3911
Fax: 602-453-3910
azsales@lncurtis.com
UEI#: DDLSADSWN7U7
Southwest Division
4647 South 33rd Street
Phoenix, AZ 85040
www.LNCurtis.com
Quotation No. 269704
Page 3 of 4
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE
7 33 EA LAKELAND
INDUSTRIES
CUSTOM
As Below:
Lakeland Dual Cert Blue Nomex
Overpants Per standard specification.
#EMSPTM13
Waist sizes Small, Med, Large, Xlarge
and 2XL
Add 15% for 3XL and 4XL waist sizes
$265.00 $8,745.00
8 33 EA FH911HRLY
BULRD
Lime-Yellow Wildfire Helmet, Hat Style,
with Ratchet, Cal-OSHA, NFPA Labelled
$74.00 $2,442.00
9 33 EA R222 BULRD Yellow Nomex Ripstop Ear/Neck Face
Protector
$48.00 $1,584.00
10 33 EA 7400283 ESS Striketeam XTO Rescue Goggles with
Wraparound Strap and Face Padding
$35.00 $1,155.00
11 33 EA WLS0335-XXL
CREWBOSS
2XLarge Yellow 5.8oz Tecasafe Plus
Hickory Brush Shirt
$145.00 $4,785.00
12 33 PR 18051-10.5-D
DANNER
Size 10.5D Black 8" Modern Firefighter
Composite Toe Work Boots
* Meets NFPA 1977 for Wildland, NFPA
1999 for EMS
OM $236.45 $7,802.85
Ph: 602-453-3911
TF: 877-453-3911
Fax: 602-453-3910
azsales@lncurtis.com
UEI#: DDLSADSWN7U7
Southwest Division
4647 South 33rd Street
Phoenix, AZ 85040
www.LNCurtis.com
Quotation No. 269704
Page 4 of 4
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE
Small Business
CAGE Code: 5E720
SIC Code: 5099
Federal Tax ID: 94-1214350
UEI #DDLSADSWN7U7
This pricing remains firm until 08/25/2023. Contact us for updated pricing after this date.
Due to market volatility and supply shortages, we recommend contacting your local L.N. Curtis and sons office prior to placing
your order to confirm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are
governed by contract-specific prices, terms, and conditions.
Subtotal $185,519.07
Estimated Tax Total $17,067.75
Transportation*$0.00
*(to be added when order ships)
Total $202,586.82
View Terms of Sale and Return Policy
ITEM 8. G.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Fire Department
Prepared by: Dave Ott, Fire Chief
Staff Contact Information: Dave Ott, Fire Chief
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approval of a Cooperative Purchasing Agreement (C2024-012) with SHI International Corp.
for the purchase of new computers and associated equipment for mounting the fire apparatus.
Staff Summary (Background)
The current vehicle mounted computers are supplied by Rural Metro. Computers are needed for
computer aided dispatch (CAD) for emergent and non-emergent calls, as well as mapping and
emergency pre-plans. Staff from the FD and Information Technology evaluated the options and
selected SHI International. SHI is a member of the Sourcewell Group Purchasing Cooperative, Contract
#081419-SHI. The pricing includes warranty and extended warranty for the computers.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
Non-computerized systems within fire vehicles greatly impacts response times and the safety of
residents.
Recommendation(s) by Board(s) or Commission(s)
NA
Staff Recommendation(s)
Staff recommends the approval of the proposed computer and related equipment purchase.
SUGGESTED MOTION
MOVE to Approve the Cooperative Purchasing Agreement (C2024-012) with SHI International Corp.
for the acquisition of new computers and associated installation equipment in an amount not to
exceed $65,000.00.
Attachments
2024-012
2024-012A
2024-012B
Form Review
Inbox Reviewed By Date
Fire Chief (Originator)Dave Ott 08/09/2023 03:27 PM
Finance Director David Pock 08/10/2023 08:06 AM
Town Attorney Aaron D. Arnson 08/10/2023 03:59 PM
Interim Town Manager Rachael Goodwin 08/10/2023 06:12 PM
Form Started By: Dave Ott Started On: 08/09/2023 02:43 PM
Final Approval Date: 08/10/2023
1
Contract No. 2024-012 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHI INTERNATIONAL CORP. THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and SHI International Corp., a(n) Utah corporation (the “Contractor”). RECITALS
A After a competitive procurement process (RFP#081419) Sourcewell, a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members,
entered into Contract No. 081429-SHI, dated November 11, 2019 (the “Sourcewell Contract”), as amended, for the Contractor to provide Information Technology Solutions & Services. A copy of the Sourcewell Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the Sourcewell Contract, at its discretion and with the agreement of the awarded Contractor, and the Sourcewell Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of
acknowledging their cooperative contractual relationship under the Sourcewell Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide Information Technology Solutions & Services (the “Materials and Services”), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date of execution
and attested by the Town Clerk pursuant to Section 3-3-31 of the Town Code, and shall remain in full force and effect until October 30, 2023 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the Sourcewell Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (the “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the Sourcewell Contract has not expired or has been extended, (iii) at least 30 days
prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to
extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any
2
price adjustments approved as part of the Sourcewell Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The
Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate
at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force
and effect.
2. Scope of Work. Contractor shall provide to the Town the Services under the terms
and conditions of the Sourcewell Contract and according to the specifications set forth in the Contractor’s Proposal attached hereto as Exhibit B and incorporated herein by reference.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the Sourcewell Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non-conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or
(iii) bring Materials or Services into compliance and withhold the cost of same from any payments
due to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel any work order within a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the work order. The Town will not reimburse the Contractor for any costs incurred
after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to
issuance of a work order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay Contractor an amount not to exceed $65,000
(including all renewals) for the Materials and Services at the rates set forth in the Sourcewell Contract and as more particularly set forth in Exhibit B. The aggregate amount per renewal term shall not exceed $50,000 in any case unless the Agreement is affirmed and ratified via an executed amendment. All
remaining terms and conditions of the Agreement shall remain in full force and effect. 4. Payments. The Town shall pay the Contractor monthly (and the Contractor shall
invoice monthly), based upon acceptance and delivery of Materials and/or Services performed and
completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Sourcewell Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended, and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Sourcewell Contract will be subject to rejection and may be returned.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books,
3
records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors’
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply
with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Israel. Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel. 8. China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees and certifies that it does not currently, and agrees for the duration of this Agreement that Vendor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China;
(2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Vendor also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents from any claims or causes of action relating to the Town’s action based
upon reliance upon this representation, including the payment of all costs and attorney fees incurred by the Town in defending such as action. 9. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511.
10. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County, Arizona. 11. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and
4
budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section.
12. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Sourcewell Contract, the Proposal, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in
conflict with the terms of this Agreement or the Sourcewell Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Sourcewell Contract shall not
alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement.
13. Rights and Privileges. To the extent provided under the Sourcewell Contract, the Town shall be afforded all of the rights and privileges afforded to Sourcewell and shall be the “Sourcewell” (as defined in the Sourcewell Contract) for the purposes of the portions of the Sourcewell Contract that are incorporated herein by reference.
14. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to the Sourcewell to the extent provided under the Sourcewell Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof
(the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are
caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.
5
If to Contractor: SHI. International Corp. 290 Davidson Ave Somerset, N.J. 08873 Attn: Danny Mirsky
15. Laws and Regulations. Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Consultant is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the
following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards.
16. Notices and Requests. Any notice or other communication required or permitted t0 be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268 Attn: Rachael Goodwin, Interim Town Manager With Copy to: Town of Fountain Hills 16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney
or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
EXHIBIT A TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHI International Corp.
[Sourcewell Contract] See following pages.
081419-SHI
1
Rev. 4/2019
Solicitation Number: RFP#081419
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and SHI International Corp., 290 Davidson Ave., Somerset, NJ 08873
(Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to its members. Participation is open to all levels of
governmental entity, higher education, K-12 education, nonprofit, tribal government, and other
public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and its Members (Members).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires October 30, 2023, unless it is
cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional
one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this
Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract. “Equipment” and “Products” shall mean the third party software, computer
peripherals, computer hardware, and associated IT services resold by Vendor and provided by
third parties. “Services” shall mean all professional services provided by Vendor under a Scope
of Work. “Scope of Work” or “SOW” shall mean a document mutually agreed upon between the
Vendor and the Member that references these terms and conditions and describes the Services
DocuSign Envelope ID: 9572A8C3-61C7-4821-BB68-037BDD3C3793
081419-SHI
2
Rev. 4/2019
to be provided the associated schedule and price and any special conditions applicable to that
SOW.
All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out or refurbished Equipment or Products if they are clearly indicated in
Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or
Products must be delivered as operational to the Member’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with
applicable federal laws and regulations, and with the laws of the state or province in which the
Equipment, Products, or Services are sold.
C. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances. Vendor warrants that the Services are free from material defects
for ninety (90) days commencing with final acceptance of the Services unless otherwise
specified in a SOW (the “Warranty Period”). Member agrees to look solely to the manufacturer
to reach a resolution in any dispute over warranty terms with the manufacturer. Any
manufacturer’s warranty that is provided to Vendor from the manufacturer of the Product will
be passed on to the Member. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND/OR
ANY ORDER ISSUED, HEREUNDER VENDOR HEREBY DISCLAIMS ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF
NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES OR PRODUCTS.
THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY
WARRANTY PROVIDED BY A MANUFACTURER.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s
Proposal.
Regardless of the payment method chosen by the Member, the total cost associated with any
purchase option of the Equipment, Products, or Services must always be disclosed in the pricing
quote to the applicable Member at the time of purchase.
When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total
cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and
Services, and includes all costs to the Member’s requested delivery location.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
DocuSign Envelope ID: 9572A8C3-61C7-4821-BB68-037BDD3C3793
081419-SHI
3
Rev. 4/2019
apparent at the time of delivery, Vendor may permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Members, in accordance with
Vendor’s Return Policy at www.shi.com/returnpolicy. Members reserve the right to inspect the
Equipment and Products within 3 business days after delivery where circumstances or
conditions prevent effective inspection of the Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition subject to Vendor’s Return Policy.
In the event of the delivery of nonconforming Equipment and Products, the Member will notify
the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and
Products with conforming Equipment and Products that are acceptable to the Member subject
to Vendor’s Return Policy.
B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption
certification(s). When ordering, Members must indicate if it is a tax-exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Members.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator. This form is available
from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number
x Clearly specify the requested change
x Provide sufficient detail to justify the requested change
x Individually list all Equipment, Products, or Services affected by the requested
change, along with the requested change (e.g., addition, deletion, price change)
x Include a complete restatement of pricing documentation in Microsoft Excel
with the effective date of the modified pricing, or product addition or deletion. The
DocuSign Envelope ID: 9572A8C3-61C7-4821-BB68-037BDD3C3793
081419-SHI
4
Rev. 4/2019
new pricing restatement must include all Equipment, Products, and Services offered,
even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will be become an
amendment to this Contract and be incorporated by reference.
5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS
A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the
United States and Canada; such as municipal, state/province, K-12 and higher education, tribal
government, and other public entities.
The benefits of this Contract should be available to all Members that can legally access the
Equipment, Products, or Services under this Contract. A Member’s authority to access this
Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any
entity accessing benefits of this Contract will be considered a Service Member of Sourcewell
during such time of access. Vendor understands that a Member’s use of this Contract is at the
Member’s sole convenience and Members reserve the right to obtain like Equipment, Products,
or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership
requirements and documentation and will encourage potential members to join Sourcewell.
Sourcewell reserves the right to add and remove Members to its roster during the term of this
Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government-
owned facilities, including schools. Vendor’s employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Member policies and
procedures, and all applicable laws.
6. MEMBER ORDERING AND PURCHASE ORDERS
A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or
Services under this Contract, Member must clearly indicate to Vendor that it intends to access
this Contract; however, order flow and procedure will be developed jointly between Sourcewell
and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may
use their own forms for purchase orders, but it should clearly note the applicable Sourcewell
contract number. Members will be solely responsible for payment and Sourcewell will have no
liability for any unpaid invoice of any Member.
B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order
may be negotiated between a Member and Vendor, such as job or industry-specific
requirements, legal requirements (such as affirmative action or immigration status
requirements), or specific local policy requirements. Any negotiated additional terms and
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conditions must never be less favorable to the Member than what is contained in Vendor’s
Proposal.
C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond
that meets the requirements set forth in the Member’s purchase order.
D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or
specialized performance requirements (such as e-commerce specifications, specialized delivery
requirements, or other specifications and requirements) not addressed in this Contract, the
Member and the Vendor may enter into a separate, standalone agreement, apart from this
Contract. Sourcewell, including its agents and employees, will not be made a party to a claim
for breach of such agreement.
E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in
whole or in part, immediately upon notice to Vendor in the event of any of the following
events:
1. The Member fails to receive funding or appropriation from its governing body at
levels sufficient to pay for the goods to be purchased;
2. Federal or state laws or regulations prohibit the purchase or change the
Member’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms
agreed to between the Vendor and a Member.
F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Member’s purchase order will be determined by the Member making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Member inquiries; and
x Business reviews to Sourcewell and Members, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to members, pricing and
contract terms, administrative fees, supply issues, customer issues, and any other necessary
information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
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A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract
sales activity report (Report) to the Sourcewell Contract Administrator assigned to this
Contract. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department);
x Customer Physical Street Address;
x Customer City;
x Customer State;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Member Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Members. The Vendor will submit a check payable to Sourcewell for the
percentage of administrative fee stated in the Proposal multiplied by the total sales of all
Equipment, Products, and Services purchased by Members under this Contract during each
calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo
and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be
received no later than forty-five (45) calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract’s expiration date, the administrative fee payment will be due no more than thirty (30)
days from the cancellation date.
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9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s
Authorized Representative changes at any time during this Contract, Vendor must promptly
notify Sourcewell in writing.
10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not
waive the provision or the right to enforce it.
D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract, whether written or
oral, may be used to bind either party.
E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, master-
servant, principal-agent, or any other relationship.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and
employees, harmless from any third party claims or causes of action, including attorneys’ fees,
arising out of the Vendor’s negligence, willful misconduct, or violation of law, in the course of
the performance of this Contract by the Vendor or its agents or employees; this indemnification
includes injury or death to person(s) or property alleged to have been caused by Vendor under
this Contract.
NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF OR DAMAGE TO DATA,
LOSS OF ANTICIPATED REVENUE OR PROFITS, WORK STOPPAGE OR IMPAIRMENT OF OTHER
ASSETS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT A PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
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NEITHER PARTY’S TOTAL CUMULATIVE LIABILITY TO THE OTHER IN CONNECTION WITH THIS
AGREEMENT WHETHER IN CONTRACT TORT OR OTHER THEORY WILL EXCEED THE TOTAL
AMOUNT OF FEES ACTUALLY PAID OR PAYABLE BY SOURCEWELL TO VENDOR UNDER THIS
AGREEMENT FOR THE YEAR PREVIOUS TO THE INCIDENT WHICH GAVE CAUSE FOR SUCH
LIABILITY.
12. AUDITS
Sourcewell reserves the right to review the financial books, records, documents, and
accounting procedures and practices of the Vendor relevant to this Contract for a minimum of
six (6) years from the end of this Contract upon thirty (30) days’ advance notice to Vendor.
Audits may not take place more than once during a twelve (12) month period. This clause
extends to Members as it relates to business conducted by that Member under this Contract.
13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
14. INTELLECTUAL PROPERTY
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members
against any and all suits, claims, judgments, and costs instituted or recovered against
Sourcewell or Members by any person on account of the use of any Services by Sourcewell or
its Members performed by Vendor in violation of applicable patent or copyright laws.
15. PUBLICITY, MARKETING, AND ENDORSEMENT
A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved
by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to
this Contract.
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C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party’s reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1.Notification. The parties must promptly notify each other of any known dispute
and work in good faith to resolve such dispute within a reasonable period of time. If
necessary, Sourcewell and the Vendor will jointly develop a short briefing document
that describes the issue(s), relevant impact, and positions of both parties.
2.Escalation. If parties are unable to resolve the issue in a timely manner, as
specified above, either Sourcewell or Vendor may escalate the resolution of the issue to
a higher level of management. The Vendor will have thirty (30) calendar days to cure an
outstanding issue.
3.Performance while Dispute is Pending. Notwithstanding the existence of a
dispute, the Vendor must continue without delay to carry out all of its responsibilities
under the Contract that are not affected by the dispute. If the Vendor fails to continue
without delay to perform its responsibilities under the Contract, in the accomplishment
of all undisputed work, Sourcewell may terminate this Contract as stated herein.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Member order under this Contract, in default:
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1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming default. If the default remains after the opportunity for cure, the non-defaulting party
may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued
against the Contract.
20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better,
with coverage and limits of insurance not less than the following:
1.Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2.Commercial General Liability Insurance. Vendor will maintain insurance covering
its operations, with coverage on an occurrence basis, and must be subject to terms no
less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form
CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising
from premises, operations, bodily injury and property damage, independent
contractors, products-completed operations including construction defect, contractual
liability, blanket contractual liability, and personal injury and advertising injury. All
required limits, terms and conditions of coverage must be maintained during the term
of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3.Commercial Automobile Liability Insurance. During the term of this Contract,
Vendor will maintain insurance covering all owned, hired, and non-owned automobiles
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in limits of liability not less than indicated below. The coverage must be subject to terms
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer).
Minimum Limits:
$1,000,000 each accident, combined single limit
4.Umbrella Insurance. During the term of this Contract, Vendor will maintain
umbrella coverage over Workers’ Compensation, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5.Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability.
During the term of this Contract, Vendor will maintain coverage for all claims the Vendor
may become legally obligated to pay resulting from any actual or alleged negligent act,
error, or omission related to Vendor’s professional services required under this
Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
6.Network Security and Privacy Liability Insurance. During the term of this
Contract, Vendor will maintain coverage for network security and privacy liability. The
coverage may be endorsed on another form of liability coverage or written on a
standalone policy. The insurance must cover claims which may arise from failure of
Vendor’s security resulting in, but not limited to, computer attacks, unauthorized
access, disclosure of not public data – including but not limited to, confidential or
private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by
a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include
there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty
(30) days’ prior written notice to the Vendor.
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Upon request, Vendor must provide to Sourcewell copies of applicable policies and
endorsements, within ten (10) days of a request. Failure to request certificates of insurance by
Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves
Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their
officers, agents, and employees, as an additional insured under the Vendor’s commercial
general liability insurance policy with respect to liability arising out of activities, “operations,” or
“work” performed by or on behalf of Vendor, and products and completed operations of
Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Vendor or its subcontractors. The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either
providing a primary policy or in combination with umbrella/excess liability policy(ies).
F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to
Sourcewell’s approval.
21. COMPLIANCE
A. LAWS AND REGULATIONS. All Services provided under this Contract must comply fully with
applicable federal laws and regulations, and with the laws in the states and provinces in which
the Services are sold.
B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local
licenses, bonds, and permits required for the operation of the business that the Vendor
conducts with Sourcewell and Members.
22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
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this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota, the United States federal government, or any Member.
Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal
offense related to the subject matter of this Contract. Vendor further warrants that it will
provide immediate written notice to Sourcewell if this certification changes at any time.
23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Members that use United States federal grant or FEMA funds to purchase goods or services
from this Contract may be subject to additional requirements including the procurement
standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements
for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based
on specific funding specifications. Within this Article, all references to “federal” should be
interpreted to mean the United States federal government. The following list only applies when
a Member accesses Vendor’s Equipment, Products, or Services with United States federal
funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing
regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
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the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency. Vendor
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor
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certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file
any required certifications. Vendors must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. §
1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years
after grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this
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Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
also includes timely and reasonable access to Vendor’s personnel for the purpose of interview
and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty
(60) days’ written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Termination of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to termination.
Sourcewell SHI International Corp.
By: __________________________ By: __________________________
Jeremy Schwartz Aimee Ballenger
Title: Director of Operations &
Procurement/CPO
Title: Public Program Manager
Date: ________________________ Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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1
AMENDMENT #1
TO
SOURCEWELL CONTRACT #081419-SHI
This Amendment is by and between Sourcewell, 202 12th Street Northeast, P.O. Box 219,
Staples, MN 56479 (Sourcewell) and SHI International Corp., 290 Davidson Avenue, Somerset,
NJ 08873 (Vendor).
Sourcewell awarded a contract for Technology Catalog Solutions to Vendor (#081429-SHI)
effective November 12, 2019, until October 30, 2023, relating to the provision of services by
Vendor and to Sourcewell and its Members (Original Contract).
Vendor has requested to amended the Original Contract to expand the interpretation of the
term “Vendor.”
In consideration of the mutual covenants and agreements described in this Amendment, the
parties agree to amend the Original Contract as follows:
1. This Amendment is effective upon the date of the last signature below.
Remainder of page intentionally left blank.
2
2. As used within the Original Contract, any reference to “Vendor” will be interpreted to
also include SHI Government Solutions, Inc.
Except as amended by this Amendment, the Original Contract remains in full force and effect.
Sourcewell SHI International Corp.
By: By:
Authorized Signature Authorized Signature
Jeremy Schwartz Kristina Mann
Name – Printed Name – Printed
Title: Director of Operations & Procurement/CPO Title:
Date: Date:
Sourcewell–APPROVED:
By:
Authorized Signature
Chad Coauette
Name – Printed
Title: Executive Director/CEO
Date:
Rev. 7/2022 1
CONTRACT EXTENSION
Contract Number: #081419-SHI
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and SHI
International Corp. (Vendor), 290 Davidson Avenue, Somerset, NJ 08873 have entered into
Contract #081419-SHI for the procurement of Technology Catalog Solutions. The Contract has
an expiration date of October 30, 2023, but the parties may extend the Contract by mutual
consent.
Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor,
Sourcewell and Sourcewell’s Members. Vendor and Sourcewell agree to extend the Contract
listed above for an additional period, with a new Contract expiration date of October 30, 2024.
All other terms and conditions of the Contract remain in full force and effect.
Sourcewell SHI International Corp.
By: __________________________By: __________________________
Jeremy Schwartz Erin Rose
Title: Chief Procurement Officer Title: Sr. Contracts Specialist
Date: ________________________Date: ________________________
SHI Proposed Pricing - Sourcewell RFP # 081419 Technology Catalog Solutions
Product Groups SHI Discount off Advertised List Price
Desktops 4.50%
Notebooks 4.50%
Tablets 4.50%
Servers 4.50%
Group 2 Input Devices 4.50%
Group 3 Output Devices 4.50%
Group 4 Memory 4.50%
Group 5 -Storage Devices 4.50%
Group 6 Network Equipment 4.50%
Group 7 Software 4.50%
Group 8 - Media Supplies 4.50%
Group 9 - Collaboration & IP Telephony 4.50%
Group 10 - Other 4.50%
Services Rates*T&M Rate/Hour
Project Manager $125
Sr. Project Manager $175
Consultant - End User Solutions Group $175
Consultant - Security Solutions Group $225
Solutions Architect - End User Solutions $200
Solutions Architect - Data Center Solutions $225
Sr. Solution Architect - Security Solution Group $275
Sr. Solution Architect - Data Center Solutions $250
Cloud Developer $100
Senior Cloud Developer $240
Cloud Solutions Architect $250
* pricing is a sample and can vary on location, minimum billing requirements and
other relevant variables. These rates do not include travel expenses.
EXHIBIT B TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHI INTERNATIONAL CORP.
[Quote or Work Order] See following pages.
Pricing Proposal
Quotation #: 23757063
Created On: 7/28/2023
Valid Until: 10/1/2023
AZ-Town of Fountain Hills Inside Account
Executive
Mike Ciccarone
16705 E. Fountains Ave
Fountain Hills, AZ 85268
United States
Phone:
Fax:
Email:mciccarone@fountainhillsaz.gov
Danny Mirsky
300 Davidson Ave.
Somerset, NJ 08873
Phone: 732-317-6876
Fax:
Email:daniel_mirsky@shi.com
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 - I5-1240P, WINDOWS HELLO WEBCAM, WIN11+16GB RAM, 512GB PCIE SSD,
SUNLIGHT READA
Getac - Part#: BS3766BABCGX
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SHI
9 $3,762.43 $33,861.87
2 Getac Bumper to Bumper + Extended Warranty - Extended service agreement - parts
and labor - 2 years (4th/5th year) - pick-up and return
Getac - Part#: GE-SVTBNFX5Y
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SHI
9 $529.40 $4,764.60
3 TF1-STANDARD VEHICLE DOCKING;W/ LPS-208&LPS-211 POWER SUPPLY
MOUNTING BRACKET,W/
Getac - Part#: 543390100003
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SHI
9 $725.62 $6,530.58
4 S410G4 - I5-1135G7, WINDOWS HELLO WEBCAM, W 11 PRO X64 WITH 16GB RAM,
512GB PCIE
Getac - Part#: SP276CQASCXX
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SHI
1 $2,752.76 $2,752.76
5 ( BUMPER TO BUMPER )- SEMI-RUG LAPTOP (YEAR 1,2 and 3)
Getac - Part#: GE-SVSRNFW3Y
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SHI
1 $317.28 $317.28
6 BUMPER TO BUMPER W EXTENDED WARRANTY- SEMI-RUG LAPTOP
Getac - Part#: GE-SVSRNFX5Y
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SHI
1 $971.26 $971.26
7 Getac Office Dock - Docking station - 120 Watt - United States - for Getac S410 G4,
S410 G4 Basic, S410 G4 Performance
1 $261.75 $261.75
Getac - Part#: GDODU4
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SHI
8 Getac Vehicle Adapter - Car power adapter - 12 - 32 V - for Getac V110
Getac - Part#: GAD4L1
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SHI
1 $157.74 $157.74
9 Havis C-ADP-101 - Mounting component (adapter plate) - heavy gauge steel - black
Havis - Part#: C-ADP-101
9 $47.75 $429.75
Subtotal $50,047.59
*Tax $3,153.00
Total $53,200.59
*Tax is estimated. Invoice will include the full and final tax due.
Additional Comments
By accepting, using, or deploying the software, hardware or third party services resold under this ordering document (each, a
“Product”), as well as any related maintenance or support services, Customer will be bound by any OEM terms and conditions
applicable to such Product, including any current agreements between Customer and OEM, should they exist (the “OEM Terms”). If,
in order to procure such Product for or resell such Product to Customer, SHI is required by the OEM to agree to or otherwise
purports to accept any terms or conditions (the “Procured Terms”) and be bound thereby, SHI shall do so on behalf of Customer,
Customer shall be bound by such Procured Terms, and Customer shall indemnify, defend and hold harmless SHI from and against
any claims, actions, liabilities, losses and damages that SHI suffers under such Procured Terms that arise out of or in connection
with Customer’s use or deployment of such Product, including any costs associated with periodic payments for, or the
autorenewal of, a license to or subscription for such Product. For the avoidance of doubt, Customer is solely responsible for
compliance with any autorenewal provisions contained in the OEM Terms or the Procured Terms, including providing timely notice to
the OEM of Customer’s intent not to renew a license to or subscription for a Product.
All orders of products and services referenced on this quote are non-cancelable and non-refundable.
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
Please note, if Emergency Connectivity Funds (ECF) will be used to pay for all or part of this quote, please let us know as we will
need to ensure compliance with the funding program.
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date set
above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract
Number when submitting a Purchase Order.
SHI International Corp. is 100% Minority Owned, Woman Owned Business.
TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0
The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions,
unless a separate resale agreement exists between SHI and the Customer.
ITEM 9. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 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 OF POSSIBLE
ACTION: Approving Ordinance 23-11 - Pedestrians in the Roadway.
Staff Summary (background)
At the June 20, 2023 Council meeting, as part of Agenda Item 9(B), the Town Council discussed the
safety concerns inherent with individuals stopping or standing in medians, particularly along
high-traffic and high-speed streets and thoroughfares. The Council directed staff to bring back for
consideration, discussion, and possible action an ordinance that prohibits individuals from standing or
stopping in the roadway, medians, and similar areas where the speed limit is 35 mph or greater.
In response, staff has prepared proposed Ordinance 2023-11 for Council consideration, discussion,
and possible action. If adopted, this ordinance would amend Article 12-2 of the Town Code to prohibit
individuals from standing or stopping in the roadway, medians, or areas adjacent to roadways where
the speed limit is 35 mph or greater, subject to limited exceptions. Such exceptions include:
conducting approved/permitted activities related to maintenance, surveying, construction,
landscaping, and similar activities; and emergency personnel responding to accidents, safety hazards,
and other emergencies.
The Town Attorney has previously advised the Council in a privileged setting as to the possible
benefits and concerns of adopting an ordinance of this nature and has recommended how to proceed
should the Council wish to adopt such an ordinance.
Staff notes that the Maricopa County Sheriff’s Office has not yet received an opinion from its own
legal counsel regarding the enforcement of this ordinance. Therefore, staff is unable to advise the
Council as to whether or how the ordinance will be enforced.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff directs the Council to the legal advice and recommendations previously shared by the Town
Attorney. Staff recommends that the Council take this into consideration should it proceed with
adoption of the ordinance.
SUGGESTED MOTION
MOVE to adopt Ordinance 23-11.
Attachments
Ordinance
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 08/04/2023 02:55 PM
Finance Director David Pock 08/07/2023 07:56 AM
Interim Town Manager Linda Mendenhall 08/08/2023 08:14 AM
Town Attorney Aaron D. Arnson 08/08/2023 09:15 AM
Interim Town Manager Rachael Goodwin 08/08/2023 10:48 AM
Form Started By: Linda Mendenhall Started On: 08/03/2023 08:25 AM
Final Approval Date: 08/08/2023
ORDINANCE NO. 23-11
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 12 TRAFFIC, ARTICLE 12-2 TRAFFIC
CONTROL, BY ADDING SECTION 12-2-13 PEDESTRIANS IN THE
ROADWAY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR PENALTIES.
RECITALS:
WHEREAS, the Mayor and Town Council of the Fountain Hills (the “Town Council”) have
exclusive control over the streets, alleys, avenues, and sidewalks of the Town and are empowered
within the limits of the Town to regulate the use thereof; and
WHEREAS, the Town Council wishes to address and remediate the inherent safety concerns
caused by persons stopping in and around roadways and medians in close proximity to moving
vehicles, and that such safety concerns are an important governmental interest; and
WHEREAS, the Town Council has studied the issue and considered traffic and accident data and
determined that prohibiting stopping or remaining roadway and similar areas adjacent only to
higher speed roadways is an acceptably narrowly tailored method of regulation.
WHEREAS, the Town Council desires to amend the Town Code to prohibit such activities
throughout the Town.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. Chapter 12, Article 12-2, Section 12-2-13, Reserved; is amended, by adding Section
12-2-13 Pedestrians in Roadway or Median, as follows (new text in ALL CAPS); deletions in
strikeout):
SECTION 12-2-13 PEDESTRIANS IN ROADWAY OR MEDIAN Reserved
A. IT IS UNLAWFUL FOR ANY PEDESTRIAN TO STOP OR REMAIN IN
THE PORTION OF ANY ROADWAY DESIGNED FOR VEHICULAR
USE OR IN A PAINTED OR RAISED TRAFFIC ISLAND OR MEDIAN
THAT IS ADJACENT TO ANY ROAD ON WHICH THE MAXIMUM
SPEED LIMIT IS 35 MILES PER HOUR OR HIGHER AND WHICH
SAID TRAFFIC ISLAND OR MEDIAN IS NOT SPECIFICALLY
DESIGNATED FOR USE BY PEDESTRIANS EXCEPT TO WAIT TO
CROSS THE ROADWAY AT THE NEXT PEDESTRIAN SIGNAL OR,
ORDINANCE 23-11 PAGE 2
IN THE ABSENCE OF A PEDESTRIAN SIGNAL, WHEN TRAFFIC
HAS CLEARED OR YIELDED.
B. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
PERSONS OCCUPYING A MEDIAN OR ROADWAY WHILE
CONDUCTING ACTIVITIES RELATED TO MAINTENANCE,
SURVEYING, CONSTRUCTION, LANDSCAPE MAINTENANCE,
LANDSCAPE IMPROVEMENTS, OR OTHER SIMILAR ACTIVITY
NECESSARY FOR THE SAFE AND EFFICIENT OPERATION OF
TOWN STREETS; PROVIDED THAT ALL SUCH OPERATIONS
MUST BE CONDUCTED ONLY UPON APPROVAL OF THE PUBLIC
WORKS DIRECTOR OR DESIGNEE, AND UPON SUCH
CONDITIONS AS THE PUBLIC WORKS DIRECTOR SHALL
REQUIRE, SUCH AS ADJACENT LANE CLOSURES, USE OF
APPROPRIATE SAFETY VESTS OR GEAR, AND/OR OTHER
SAFETY PRECAUTIONS DESIGNED TO ENSURE THE SAFETY OF
MOTORISTS AND THOSE TEMPORARILY OCCUPYING THE
MEDIAN FOR THESE PURPOSES.
C. THE PROVISIONS OF SECTION SHALL NOT APPLY TO
EMERGENCY PERSONNEL OCCUPYING A MEDIAN OR
ROADWAY IN RESPONSE TO AN ACCIDENT, SAFETY HAZARD,
OR OTHER EMERGENCY SITUATION. EMERGENCY PERSONNEL
TEMPORARILY OCCUPYING A MEDIAN OR ROADWAY FOR
THESE PURPOSES SHOULD TAKE ADEQUATE PRECAUTIONS TO
HELP ENSURE PROPER NOTIFICATION OF THE EMERGENCY
SITUATION IF FEASIBLE AND TO PROVIDE SUCH SAFETY
MEASURES AS ARE APPROPRIATE AND REASONABLY
AVAILABLE IN LIGHT OF THE EMERGENCY SITUATION
PRESENTED.
D. NOTHING IN THIS SECTION SHALL PROHIBIT THE LAWFUL
EXERCISE OF ESTABLISHED RIGHTS UNDER THE UNITED
STATES OR ARIZONA CONSTITUTIONS.
SECTION 2. Providing for Repeal of Conflicting Ordinances. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein
by reference are hereby repealed.
SECTION 3. Providing for Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance or any part of the Code adopted herein by reference is, for any reason, held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions thereof.
ORDINANCE 23-11 PAGE 3
SECTION 4. Providing for Penalties. A person who violates this Ordinance or any part of the
Code adopted herein by reference shall be responsible, as stated in Chapter 1-8, Section 1-8-2:
A. Any person found guilty of violating any provisions of this code, when
classified as a Class 1 misdemeanor, and upon conviction thereof, shall be
punished by a fine not to exceed $2,500.00 or by imprisonment for a period
not to exceed six months, or by both such fine and imprisonment.
B. otherwise specified, any violation of or failure or refusal to do or perform
any act designated as a civil traffic violation is subject to A.R.S. Title 28,
Chapter 5, and amendments thereto.
C. Any person who is found or pleads guilty to a misdemeanor criminal offense
in the municipal court and who, as a consequence, is incarcerated in any jail
facility, may as a part of any sentence imposed by the municipal court, be
required to reimburse the Town for any costs of such incarceration charged
to the Town by the jail facility in which the person was incarcerated.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this ____
day of August, 2023.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Linda Mendenhall, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Rachael Goodwin, Interim Town Manager Aaron D. Arnson, Town Attorney
ITEM 9. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 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 OF POSSIBLE
ACTION: Approving Ordinance 23-12 - Prohibited Solicitation
Staff Summary (background)
At the June 20, 2023 Council meeting, as part of Agenda Item 9(B), the Town Council discussed a
variety of options to alleviate the negative secondary effects of homelessness, both for those
individuals who experience unsheltered homelessness and for businesses owners and residents. The
Council also discussed panhandling and its negative secondary effects. The Council directed staff to
bring back for consideration, discussion, and possible action an ordinance that is identical in form and
substance to the ordinance recently approved by the City of Glendale in October 2022.
Proposed Ordinance 2023-12 is identical to the City of Glendale Ordinance, except for replacing
references to Glendale with references to Fountain Hills. If adopted, this ordinance would amend
Article 11-1 of the Town Code to prohibit any person from soliciting money or other items of value, or
from soliciting the sale of goods or services in an aggressive manner in any public area;
In any public transportation vehicle, or bus station or stop;a.
Within fifty (50) feet of any entrance or exit of any financial institution or check cashing
business or within fifty (50) feet of any automated teller machine or check cashing business
without the consent of the owner or other person legally in possession of such facilities;
b.
On private property if the owner, tenant or lawful occupant has asked the person not to solicit
on the property, or has posted a sign clearly indicating that solicitations are not welcome on the
property;
c.
Within twenty-five (25) feet of the entrance and/or exit of any commercial business or privately
owned establishment.
d.
From any operator of a motor vehicle that is in traffic on a public street or stopped for a traffic
control device or stop sign on a public street.
e.
The Town Attorney has previously advised the Council in a privileged setting as to the possible
benefits and concerns of adopting an ordinance of this nature and has recommended how to proceed.
Staff notes that the Maricopa County Sheriff’s Office has not yet received an opinion from its own
legal counsel regarding the enforcement of this ordinance, Therefore, staff can make no
representation as to whether or how the ordinance will be enforced.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff directs the Council to the legal advice and recommendations previously shared by the Town
Attorney. Staff recommends that the Council take this into consideration should it proceed with
adoption of the ordinance.
SUGGESTED MOTION
MOVE to adopt Ordinance 23-12
Attachments
Ordinance
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 08/04/2023 02:58 PM
Finance Director David Pock 08/07/2023 07:59 AM
Interim Town Manager Linda Mendenhall 08/08/2023 08:14 AM
Town Attorney Aaron D. Arnson 08/08/2023 09:16 AM
Interim Town Manager Rachael Goodwin 08/08/2023 10:48 AM
Form Started By: Linda Mendenhall Started On: 08/03/2023 08:26 AM
Final Approval Date: 08/08/2023
ORDINANCE NO. 23-12
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 11 OFFENSES, ARTICLE 11-1
OFFENSES, BY ADDING SECTION 11-1-18 PROHIBITED
SOLICITATION; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR PENALTIES.
RECITALS:
WHEREAS, persons who approach and follow pedestrians, repeat solicitations despite refusals,
use obscene or abusive language or gestures to cause fear and intimidation, cause unwanted
physical contact, or intentionally block pedestrian and vehicular traffic engage in forms of
aggressive solicitation that are extremely disturbing and disruptive to residents and businesses;
and
WHEREAS, aggressive solicitation contributes not only to the loss of access to, and enjoyment
of, public places, but also to an increased sense of fear and intimidation; and
WHEREAS, the presence of individuals who solicit money from persons at or near banks,
automated teller machines, or in public transportation vehicles is especially troublesome because
of the enhanced fear of crime in those confined environments and such solicitation carries with it
an implicit threat to both persons and property; and
WHEREAS, the Town Council desire to protect citizens from fear and intimidation accompanying
aggressive solicitation in the Town; and
WHEREAS, the Town Council do not intend to limit any person from exercising the constitutional
right to solicit funds, picket, protest, or engage in other constitutional activity, but to impose
specific time, place, and manner restrictions on solicitation and associated conduct under
circumstances deemed particularly threatening or dangerous; and
WHEREAS, the Town Council desires to amend the Town Code to prohibit such activities
throughout the Town.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. Chapter 11 Offenses, Article 11-1 Offenses, by adding Section 11-1-18 Prohibited
Solicitation, as follows (new text in ALL CAPS):
SECTION 11-1-18 PROHIBITED SOLICITATION; DEFINITIONS.
ORDINANCE 23-12 PAGE 2
A. IT SHALL BE UNLAWFUL FOR ANY PERSON TO SOLICIT MONEY OR
OTHER ITEMS OF VALUE, OR TO SOLICIT THE SALE OF GOODS OR
SERVICES.
1. IN AN AGGRESSIVE MANNER IN ANY PUBLIC AREA;
2. IN ANY PUBLIC TRANSPORTATION VEHICLE, OR BUS STATION
OR STOP;
3. WITHIN FIFTY (50) FEET OF ANY ENTRANCE OR EXIT OF ANY
FINANCIAL INSTITUTION OR CHECK CASHING BUSINESS OR
WITHIN FIFTY (50) FEET OF ANY AUTOMATED TELLER
MACHINE OR CHECK CASHING BUSINESS WITHOUT THE
CONSENT OF THE OWNER OR OTHER PERSON LEGALLY IN
POSSESSION OF SUCH FACILITIES. PROVIDED, HOWEVER, THAT
WHEN AN AUTOMATED TELLER MACHINE IS LOCATED WITHIN
AN AUTOMATED TELLER MACHINE FACILITY, SUCH DISTANCE
SHALL BE MEASURED FROM THE ENTRANCE, EXIT OR OUTSIDE
BOUNDARY OF THE AUTOMATED TELLER MACHINE FACILITY;
4. ON PRIVATE PROPERTY IF THE OWNER, TENANT, OR LAWFUL
OCCUPANT HAS ASKED THE PERSON NOT TO SOLICIT ON THE
PROPERTY, OR HAS POSTED A SIGN CLEARLY INDICATING
THAT SOLICITATIONS ARE NOT WELCOME ON THE PROPERTY;
5. WITHIN TWENTY-FIVE (25) FEET OF THE ENTRANCE AND/OR
EXIT OF ANY COMMERCIAL BUSINESS OR PRIVATELY OWNED
ESTABLISHMENT; OR
6. FROM ANY OPERATOR OF A MOTOR VEHICLE THAT IS IN
TRAFFIC ON A PUBLIC STREET OR STOPPED FOR A TRAFFIC
CONTROL DEVICE OR STOP SIGN ON A PUBLIC STREET,
REGARDLESS OF WHETHER IN EXCHANGE FOR CLEANING THE
VEHICLE'S WINDOWS, OR FOR BLOCKING, OCCUPYING, OR
RESERVING A PUBLIC PARKING SPACE, OR DIRECTING THE
OCCUPANT TO A PUBLIC PARKING SPACE OR EVEN IF NO
SERVICES ARE RECEIVED IN EXCHANGE FOR RESPONDING TO
THE SOLICITATION; PROVIDED, HOWEVER, THAT THIS
PARAGRAPH SHALL NOT APPLY TO SERVICES RENDERED IN
CONNECTION WITH EMERGENCY REPAIRS REQUESTED BY THE
OPERATOR OR PASSENGER OF SUCH VEHICLE.
B. ANY VIOLATION OF THIS SECTION IS A CIVIL VIOLATION FOR A FIRST
OFFENSE AND A CLASS 1 MISDEMEANOR FOR ANY SUBSEQUENT
OFFENSE(S) IN A TWELVE (12) MONTH PERIOD.
C. DEFINITIONS.
AGGRESSIVE MANNER MEANS AND INCLUDES:
INTENTIONALLY OR RECKLESSLY MAKING ANY PHYSICAL
CONTACT WITH OR TOUCHING ANOTHER PERSON OR THE PERSON'S
ORDINANCE 23-12 PAGE 3
PROPERTY IN THE COURSE OF THE SOLICITATION WITHOUT THE
PERSON'S CONSENT,
FOLLOWING THE PERSON BEING SOLICITED, IF THAT CONDUCT
IS: (I) INTENDED TO OR IS LIKELY TO CAUSE A REASONABLE PERSON
TO FEAR IMMINENT BODILY HARM OR THE COMMISSION OF A
CRIMINAL ACT UPON PROPERTY IN THE PERSON'S POSSESSION; OR (II)
IS INTENDED TO OR IS REASONABLY LIKELY TO INTIMIDATE THE
PERSON BEING SOLICITED INTO RESPONDING AFFIRMATIVELY TO
THE SOLICITATION,
CONTINUING TO SOLICIT WITHIN FIVE (5) FEET OF THE PERSON
BEING SOLICITED AFTER THE PERSON HAS MADE A NEGATIVE
RESPONSE, IF CONTINUING THE SOLICITATION IS: (I) INTENDED TO OR
IS LIKELY TO CAUSE A REASONABLE PERSON TO FEAR IMMINENT
BODILY HARM OR THE COMMISSION OF A CRIMINAL ACT UPON
PROPERTY IN THE PERSON'S POSSESSION; OR (II) IS INTENDED TO OR
IS REASONABLY LIKELY TO INTIMIDATE THE PERSON BEING
SOLICITED INTO RESPONDING AFFIRMATIVELY TO THE
SOLICITATION,
INTENTIONALLY OR RECKLESSLY BLOCKING THE SAFE OR
FREE PASSAGE OF THE PERSON BEING SOLICITED OR REQUIRING THE
PERSON, OR THE DRIVER OF A VEHICLE, TO TAKE EVASIVE ACTION
TO AVOID PHYSICAL CONTACT WITH THE PERSON MAKING THE
SOLICITATION. THERE SHALL BE: (I) A REBUTTABLE PRESUMPTION
THAT PLACING ITEMS OF PERSONAL PROPERTY ON A SIDEWALK
RESULTING IN LESS THAN THREE FEET OF WALKING SPACE IS DONE
WITH THE INTENT TO BLOCK PASSAGE ON THE SIDEWALK; (II) A
REBUTTABLE PRESUMPTION THAT ENGAGING IN SOLICITATION IN
THE DESIGNATED TRAFFIC LANE OF A PUBLIC ROADWAY OR ON A
MEDIAN BETWEEN DESIGNATED TRAVEL LANES OF A PUBLIC
ROADWAY IS DONE WITH THE INTENT TO BLOCK PASSAGE ON THE
ROADWAY. ACTS AUTHORIZED AS AN EXERCISE OF ONE'S
CONSTITUTIONAL RIGHT TO PICKET OR LEGALLY PROTEST, SHALL
NOT CONSTITUTE OBSTRUCTION OF PEDESTRIAN OR VEHICULAR
TRAFFIC;
INTENTIONALLY OR RECKLESSLY USING OBSCENE OR
ABUSIVE LANGUAGE OR GESTURES: (I) INTENDED TO OR LIKELY TO
CAUSE A REASONABLE PERSON TO FEAR IMMINENT BODILY HARM
OR THE COMMISSION OF A CRIMINAL ACT UPON PROPERTY IN THE
PERSON'S POSSESSION; OR (II) WORDS INTENDED TO OR
REASONABLY LIKELY TO INTIMIDATE THE PERSON INTO
RESPONDING AFFIRMATIVELY TO THE SOLICITATION, OR
APPROACHING THE PERSON BEING SOLICITED IN A MANNER
THAT: (I) IS INTENDED TO OR IS LIKELY TO CAUSE A REASONABLE
PERSON TO FEAR IMMINENT BODILY HARM OR THE COMMISSION OF
ORDINANCE 23-12 PAGE 4
A CRIMINAL ACT UPON PROPERTY IN THE PERSON'S POSSESSION; OR
(II) IS INTENDED TO OR IS REASONABLY LIKELY TO INTIMIDATE THE
PERSON BEING SOLICITED INTO RESPONDING AFFIRMATIVELY TO
THE SOLICITED.
AUTOMATED TELLER MACHINE: A DEVICE, LINKED TO A FINANCIAL
INSTITUTION'S ACCOUNT RECORDS, WHICH IS ABLE TO CARRY OUT
TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO: ACCOUNT TRANSFERS,
DEPOSITS, CASH WITHDRAWALS, BALANCE INQUIRIES, AND MORTGAGE
AND LOAN PAYMENTS. AN AUTOMATED TELLER MACHINE REGARDLESS OF
WHETHER IT IS LOCATED AT A FINANCIAL INSTITUTION SHALL BE
INCLUDED WITHIN THIS DEFINITION.
AUTOMATED TELLER MACHINE FACILITY: THE AREA COMPRISED OF
ONE OR MORE AUTOMATIC TELLER MACHINES, AND ANY ADJACENT SPACE
WHICH IS MADE AVAILABLE TO FINANCIAL INSTITUTION CUSTOMERS
AFTER REGULAR INSIDE COUNTER HOURS. IT SHALL BE PRESUMED THAT
ANY AUTOMOBILE PARKING SPACE WITHIN FIFTY (50) FEET OF AN
AUTOMATED TELLER MACHINE IS PART OF THE AUTOMATED TELLER
MACHINE FACILITY TO PROVIDE ACCESS TO FINANCIAL INSTITUTION
CUSTOMERS.
CHECK CASHING BUSINESS: ANY PERSON DULY LICENSED BY THE
STATE OF ARIZONA TO ENGAGE IN THE BUSINESS OF CASHING CHECKS,
DRAFTS, OR MONEY ORDERS FOR CONSIDERATION PURSUANT TO THE
PROVISIONS OF THE LAWS PERTAINING TO FINANCIAL SERVICES.
FINANCIAL INSTITUTION: ANY PERSON, ENTITY OR CORPORATION
ENGAGED IN THE BANKING BUSINESS AS DEFINED IN A.R.S. § 6-201,
INCLUDING BUT NOT LIMITED TO NATIONAL BANK ASSOCIATIONS,
REGARDLESS OF WHETHER THEIR HOME OFFICE IS LOCATED IN THIS
STATE, BANKS HOLDING A BANKING PERMIT ISSUES BY THE STATE OF
ARIZONA, CREDIT UNIONS OR SAVINGS AND LOAN ASSOCIATIONS.
PUBLIC AREA: AN AREA TO WHICH THE PUBLIC OR A SUBSTANTIAL
GROUP OF PERSONS HAS ACCESS, AND INCLUDES, BUT IS NOT LIMITED TO,
ALLEYS, BRIDGES, BUILDINGS, DRIVEWAYS, PARKING LOTS, PARKS
PLAYGROUNDS, PLAZAS, SIDEWALKS, AND STREETS OPEN TO THE
GENERAL PUBLIC, AND THE DOORWAYS AND ENTRANCES TO BUILDINGS
AND DWELLINGS, AND THE GROUNDS ENCLOSING THEM.
SOLICIT: TO REQUEST AN IMMEDIATE DONATION OR TRANSFER OF
MONEY OR OTHER THING OF VALUE FROM ANOTHER PERSON, REGARDLESS
OF THE SOLICITOR'S PURPOSE OR INTENDED USE OF THE MONEY OR OTHER
THING OF VALUE. THE SOLICITATION MAY BE, WITHOUT LIMITATION, BY
SPOKEN, WRITTEN, OR PRINTED WORD, OR BY OTHER MEANS OF
COMMUNICATION.
ORDINANCE 23-12 PAGE 5
SECTION 2. Providing for Repeal of Conflicting Ordinances. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein
by reference are hereby repealed.
SECTION 3. Providing for Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance or any part of the Code adopted herein by reference is, for any reason, held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions thereof.
SECTION 4. Providing for Penalties. Unless otherwise provided, any violation of this ordinance
is a civil violation for a first offense and a Class 1 misdemeanor for any subsequent offense(s) in a
twelve (12) month period.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this ____
day of August, 2023.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Linda Mendenhall, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Rachael Goodwin, Interim Town Manager Aaron D. Arnson, Town Attorney
ITEM 9. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 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 OF POSSIBLE
ACTION: Approving Ordinance 23-13 - Urban Camping.
Staff Summary (background)
At the June 20, 2023 Council meeting, as part of Agenda Item 9(B), the Town Council discussed a
variety of options to alleviate the negative secondary effects of homelessness, both for those
individuals who experience unsheltered homelessness and for businesses owners and residents. The
Council also discussed urban camping (i.e., street and other public camping). Staff represented to the
Council that it would bring back for consideration, discussion, and possible action an ordinance that
addresses this issue.
Staff has prepared proposed Ordinance 2023-13 for Council consideration, discussion, and possible
action. If approved, Ordinance 2023-13 would prohibit any person from:
Using a public street, alley, lane, parkway, or other right-of-way, whether such right-of-way has
been dedicated to the public, in fee or by easement, for lying, sleeping, remaining in a sitting
position thereon, or camping, except in the case of a physical emergency or the administration
of medical assistance; and
Camping in any public park or place, except where specifically authorized by the Town.
Consistent with federal law, Ordinance 2023-13 may be enforced where an involuntarily homeless
person has access to a shelter space or an alternative location to go to upon being ordered to vacate
the area.
Staff notes that the Maricopa County Sheriff’s Office has not yet received an opinion from its own
legal counsel regarding the enforcement of this ordinance. Therefore, staff can make no
representation as to whether or how the ordinance will be enforced.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to adopt Ordinance 23-13
Attachments
Ordinance
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 08/04/2023 03:01 PM
Finance Director David Pock 08/07/2023 08:02 AM
Interim Town Manager Linda Mendenhall 08/08/2023 08:15 AM
Town Attorney Aaron D. Arnson 08/08/2023 09:17 AM
Interim Town Manager Rachael Goodwin 08/08/2023 10:40 AM
Form Started By: Linda Mendenhall Started On: 08/03/2023 08:27 AM
Final Approval Date: 08/08/2023
ORDINANCE NO. 23-13
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 11 OFFENSES, BY ADDING ARTICLE
11-3 URBAN CAMPING; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR PENALTIES.
RECITALS:
WHEREAS, the Town Council of the Town of Fountain Hills desires to amend Title 11 Offenses
to adopt certain urban camping regulations to protect the health, safety, and welfare of the Town
of Fountain Hills and its residents; and
WHEREAS, public places in the Town of Fountain Hills provide common areas for residents of
the community and non-residents to meet, relax, and take part in recreational, cultural, social, and
other activities; and
WHEREAS, it is the responsibility of the Town and, in the best interests of residents of the
community and nonresidents, to ensure that public streets, sidewalks, parks, and other public
places are made readily accessible to the public; and
WHEREAS, the Town desires to adopt urban camping regulations to prohibit the use of certain
public areas for urban camping and the storage of personal property to ensure that public streets,
sidewalks, parks, and other public places are accessible to the public and maintained in a clean and
sanitary manner; and
WHEREAS, the Ninth Circuit Court of Appeals held in Martin v. Town of Boise and Johnson v.
Town of Grants Pass that the Eighth Amendment prohibits the imposition of criminal penalties for
camping on outdoor public property for homeless individuals who cannot obtain shelter without
first providing an individualized assessment to determine if there is shelter space or other public
space available.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. Chapter 11 Offenses, by adding Article 11-3 Urban Camping, as follows (new text
in ALL CAPS):
ARTICLE 11-3 URBAN CAMPING
SECTION 11-3-1 DEFINITIONS.
ORDINANCE 23-13 PAGE 2
THE FOLLOWING WORDS, TERMS, AND PHRASES, WHEN USED IN
THIS CHAPTER, SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN
THIS SECTION, EXCEPT WHERE THE CONTEXT CLEARLY INDICATES
A DIFFERENT MEANING:
"CAMP" MEANS TO RESIDE IN OR USE A PUBLIC PARK, STREET,
OR OTHER PUBLIC PLACE FOR TEMPORARY OR PERMANENT
LIVING ACCOMMODATION PURPOSES INCLUDING, BUT NOT
LIMITED TO, ACTIVITIES SUCH AS ERECTING TENTS OR ANY
OTHER STRUCTURE PROVIDING SHELTER, DIGGING OR
BREAKING EARTH, LAYING DOWN BEDDING FOR THE
PURPOSES OF SLEEPING, USING CAMP PARAPHERNALIA,
STORING PERSONAL BELONGINGS, STARTING A FIRE,
REGULARLY COOKING OR PREPARING MEALS, OR LIVING IN A
PARKED VEHICLE.
"CAMP PARAPHERNALIA" INCLUDES, BUT IS NOT LIMITED TO,
TARPAULINS OR TARPS, COTS, BEDS, SLEEPING BAGS,
HAMMOCKS, BLANKETS, OR NON-TOWN DESIGNATED
COOKING FACILITIES AND SIMILAR EQUIPMENT.
"PUBLIC PARK" MEANS ALL TOWN PARKS AND PLAYGROUNDS.
"PUBLIC PLACE" MEANS PUBLIC PLAZAS, TRANSPORTATION
FACILITIES, BUS STOPS, SCHOOLS, ATTRACTIONS,
MONUMENTS, AND IMPROVED AND UNIMPROVED PUBLIC
AREAS.
"PUBLIC STREET" MEANS ALL TOWN-OWNED PUBLIC STREETS
AND HIGHWAYS, PUBLIC SIDEWALKS, PUBLIC BENCHES,
PUBLIC PARKING LOTS, AND PUBLIC PARKING STRUCTURES.
SECTION 11-3-2 PROHIBITED USE OF PUBLIC RIGHT-OF-WAY.
IT SHALL BE UNLAWFUL FOR ANY PERSON TO USE A PUBLIC STREET,
ALLEY, LANE, PARKWAY, OR OTHER RIGHT-OF-WAY, WHETHER SUCH
RIGHT-OF-WAY HAS BEEN DEDICATED TO THE PUBLIC, IN FEE OR BY
EASEMENT, FOR LYING, SLEEPING, REMAINING IN A SITTING
POSITION THEREON, OR CAMPING, EXCEPT IN THE CASE OF A
PHYSICAL EMERGENCY OR THE ADMINISTRATION OF MEDICAL
ASSISTANCE.
SECTION 11-3-3 CAMPING IN PUBLIC PLACES.
A. CAMPING PROHIBITED. NO PERSON SHALL CAMP IN ANY
PUBLIC PARK OR PLACE, EXCEPT WHERE SPECIFICALLY
AUTHORIZED BY THE TOWN.
B. YOUTH ORGANIZATION EXCEPTION. THE TOWN MAY, IN
ACCORDANCE WITH THE TOWN'S ESTABLISHED PROCEDURES,
ISSUE SPECIAL USE PERMITS OR RESERVATION PERMITS TO
ORDINANCE 23-13 PAGE 3
AUTHORIZE YOUTH ORGANIZATIONS TO CAMP OR PARK
VEHICLES OVERNIGHT IN A PARK. NOTHING IN THIS SECTION
SHALL BE INTERPRETED TO PROHIBIT CAMPING OR
OVERNIGHT PARKING SPONSORED OR APPROVED BY THE
TOWN OF FOUNTAIN HILLS.
C. DESIGNATED CAMPING ZONES. THE TOWN COUNCIL MAY
DESIGNATE CERTAIN PUBLIC PROPERTY FOR CAMPING AND IF
SUCH DESIGNATION HAS BEEN MADE AND SPACE IS
AVAILABLE, THEN INDIVIDUALS DESIRING TO CAMP ON
PUBLIC PROPERTY SHALL BE REQUIRED TO CAMP IN THE
DESIGNATED AREA.
SECTION 11-3-4 VIOLATION—PENALTY.
A. VIOLATION OF THIS CHAPTER IS A CIVIL PENALTY
PUNISHABLE IN ACCORDANCE WITH TOWN CODE, SECTION
1.8, EXCEPT THAT CRIMINAL SANCTIONS SHALL APPLY FOR
HABITUAL OFFENDERS.
B. AN INDIVIDUAL CHARGED WITH VIOLATION OF THIS CHAPTER,
WITH THE CONSENT OF THE INDIVIDUAL, MAY BE TAKEN TO A
FACILITY PROVIDING SOCIAL SERVICES RELATED TO MENTAL
HEALTH, HOUSING, AND/OR SUBSTANCE ABUSE TREATMENT
IN LIEU OF CITATION.
SECTION 2. Providing for Repeal of Conflicting Ordinances. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein
by reference are hereby repealed.
SECTION 3. Providing for Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance or any part of the Code adopted herein by reference is, for any reason, held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions thereof.
SECTION 4. Providing for Penalties. A person who violates this Ordinance or any part of the
Code adopted herein by reference shall be responsible, as follows:
A. Violation of this chapter is a civil penalty punishable in accordance with Town
Code, Section 1.8, except that criminal sanctions shall apply for habitual
offenders.
B. An individual charged with violation of this chapter, with the consent of the
individual, may be taken to a facility providing social services related to mental
health, housing, and/or substance abuse treatment in lieu of citation.
ORDINANCE 23-13 PAGE 4
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this ____
day of August, 2023.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Linda Mendenhall, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Rachael Goodwin, Interim Town Manager Aaron D. Arnson, Town Attorney
ITEM 9. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 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 Professional Services Agreement 2023-088 with Kimley Horn & Associates for a
Town Center Parking Analysis
Staff Summary (Background)
Planning for the Town’s Future.
Arizona Revised Statutes (ARS) 9-461.06 requires that all municipalities in Arizona update their
existing General Plan every ten years. Such updates ensure that the General Plan complies with all
applicable requirements included in Arizona Revised Statutes 9-461.05. The Voter approved and
Council Adopted Fountain Hills 2020 General Plan complies with all applicable Arizona Revised
Statutes.
The 2020 General Plan has also incorporated other Town of Fountain Hills efforts such as Vision
Fountain Hills and the 2022 Strategic Plan, to ensure that such efforts are integrated with Town needs
and community aspirations. The Town of Fountain Hills 2020 General Plan is intended, in all respects,
to assist the elected and appointed officials and staff in guiding future growth, development,
redevelopment and infill.
The Town of Fountain Hills Citizens’ vision for their community is detailed in the 2022 Strategic Plan as
Elements, Goals and Strategies. The 2020 General Plan translates the 2022 Strategic Plans, Vision,
Goals and Strategies into Goals, Objectives, and Policies for each of the Plan Elements. These
statements of principle now need to be carried out in practice.
Goal 4, Policy 5, of the 2020 General Plan provides the following direction to the Public Works
Department:
Conduct a Parking Study that:
Assesses the required capacity and use of existing parking facilities; and,
Recommends parking standards based on current best parking practices.
The 2020 General Plan identifies the Town Center as the primary focus point for the parking
assessment. The 2020 General Plan defines the Town Center as an area East of La Montana, West of
Panorama, North of El Lago, South of the East section of La Montana and includes Fountain Park. Staff
have attached an exhibit to this staff report for reference.
During the planning process, staff contacted several engineering firms to discuss the parking
assessment scope. The following firms declined to provide a proposal due to lack of staffing or
expertise, J2 Engineering and Environmental Design, Sunrise Engineering, Inc., and Wood Patel and
Associates. Kimley Horn & Associates submitted a proposal in the form of a scope and fee in the
amount of $48,000 for the services listed below.
The Parking Management Study will include the following:
a review of current and past relevant studies,
a review of policies and programs,
a parking inventory,
parking occupancy,
special event parking occupancy,
projected future parking needs,
stakeholder engagement, and
the development of parking policy and management recommendations.
Related Ordinance, Policy or Guiding Principle
2020 General Plan
Risk Analysis
Not approving the Professional Services Agreement 2023-088 with Kimley Horn & Associates for a
Town Center Parking Analysis may require an amendment to the 2020 General Plan.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of Professional Services Agreement 2023-088 with Kimley Horn &
Associates for a Town Center Parking Analysis
SUGGESTED MOTION
MOVE to approve Professional Services Agreement 2023-088 with Kimley Horn & Associates for a
Town Center Parking Analysis in the amount of $48,000
Fiscal Impact
Fiscal Impact:$48,000
Budget Reference:N/A
Funding Source:Engineering Department
If Multiple Funds utilized, list here:N/A
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Attachments
Professional Services Agreement
Scope and Fee
Map
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 06/05/2023 04:53 PM
Finance Director David Pock 06/06/2023 08:36 AM
Town Attorney Aaron D. Arnson 06/06/2023 06:08 PM
Interim Town Manager Rachael Goodwin 08/08/2023 10:14 AM
Form Started By: Justin Weldy Started On: 05/23/2023 06:47 AM
Final Approval Date: 08/08/2023
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Contract No. 2023-088
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
KIMLEY-HORN & ASSOCIATES, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into
upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”) and Kimley-Horn & Associates, Inc., a(n) North Carolina corporation (the “Vendor”).
RECITALS
A. The Town conducted a search for firms to conduct a Parking Management Study.
B. The Town desires to engage this Vendor to provide Parking Management
Study/Analysis (the “Services”).
C. The Town desires to enter into an Agreement with the Vendor to perform the
Services, more particularly set forth in Section 2 below.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Vendor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and attested by the Town Clerk pursuant to Section 3-3-31 of the Town Code, and shall
remain in full force and effect until June 30, 2024.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement
for Services as previously set forth herein. Services shall only be provided when the Town
identifies a need and proper authorization and documentation have been approved. For project(s)
determined by the Town to be appropriate for this Agreement, the Vendor shall provide the
Services to the Town on an as-required basis relating to the specific Services as may be agreed
upon between the parties in writing, in the form of a written acknowledgment between the parties
describing the Services to be provided (each, a “Work Order”). Each Work Order issued for
Services pursuant to this Agreement shall be (i) in the form provided and approved by the Town
for the Services, (ii) contain a reference to this Agreement and (iii) be attached to hereto as Exhibit
B and incorporated herein by reference. By signing this Agreement, Vendor acknowledges and
agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or
provisions in conflict with the terms of this Agreement, other than Town's project-specific
requirements, are hereby expressly declared void and shall be of no force and effect. The Town
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does not guarantee any minimum or maximum amount of Services will be requested under this
Agreement.
3. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed
$48,000 at the rates set forth in the Scope/Fee Schedule attached hereto as Exhibit A and
incorporated herein by reference.
4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice
the Town monthly), based upon work performed and completed to date, and upon submission and
approval of invoices. All invoices shall document and itemize all work completed to date. Each
invoice statement shall include a record of time expended and work performed in sufficient detail
to justify payment. This Agreement must be referenced on all invoices.
5. Documents. All documents, including any intellectual property rights thereto,
prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town.
6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable
of and devoted to the successful performance of the Services under this Agreement. Vendor agrees
to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to
hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement
of the Services to be performed under this Agreement, key personnel shall not be removed or
replaced without prior written notice to the Town. If key personnel are not available to perform
the Services for a continuous period exceeding 30 calendar days, or are expected to devote
substantially less effort to the Services than initially anticipated, Vendor shall immediately notify
the Town of same and shall, subject to the concurrence of the Town, replace such personnel with
personnel possessing substantially equal ability and qualifications.
7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by
the Town at reasonable times during Vendor’s performance. The Vendor shall provide and
maintain a self-inspection system that is acceptable to the Town.
8. Licenses; Materials. Vendor shall maintain in current status all federal, state and
local licenses and permits required for the operation of the business conducted by the Vendor. The
Town has no obligation to provide Vendor, its employees or subcontractors any business
registrations or licenses required to perform the specific services set forth in this Agreement. The
Town has no obligation to provide tools, equipment or material to Vendor.
9. Performance Warranty. Vendor warrants that the Services rendered will conform
to the requirements of this Agreement and with the care and skill ordinarily used by members of
the same profession practicing under similar circumstances at the same time and in the same
locality.
10. Indemnification. To the fullest extent permitted by law, the Vendor shall
indemnify, defend and hold harmless the Town and each council member, officer, employee or
agent thereof (the Town and any such person being herein called an “Indemnified Party”), for,
from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but
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not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to
which any such Indemnified Party may become subject, under any theory of liability whatsoever
(“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are
caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions,
breach of contract, in connection with the work or services of the Vendor, its officers, employees,
agents, or any tier of subcontractor in the performance of this Agreement. The amount and type
of insurance coverage requirements set forth below will in no way be construed as limiting the
scope of the indemnity in this Section.
11. Insurance.
11.1 General.
A. Insurer Qualifications. Without limiting any obligations or
liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter
stipulated minimum insurance with insurance companies authorized to do business in the
State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best,
Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to
maintain insurance as specified herein may result in termination of this Agreement at the
Town’s option.
B. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Vendor. The Town reserves the right to review any and all of the insurance policies and/or
endorsements cited in this Agreement but has no obligation to do so. Failure to demand
such evidence of full compliance with the insurance requirements set forth in this
Agreement or failure to identify any insurance deficiency shall not relieve Vendor from,
nor be construed or deemed a waiver of, its obligation to maintain the required insurance
at all times during the performance of this Agreement.
C. Additional Insured. All insurance coverage, except Workers’
Compensation insurance and Professional Liability insurance, if applicable, shall name, to
the fullest extent permitted by law for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, directors, officials and
employees as Additional Insured as specified under the respective coverage sections of this
Agreement.
D. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms
of this Agreement are satisfactorily performed, completed and formally accepted by the
Town, unless specified otherwise in this Agreement.
E. Primary Insurance. Vendor’s insurance shall be primary insurance
with respect to performance of this Agreement and in the protection of the Town as an
Additional Insured.
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F. Claims Made. In the event any insurance policies required by this
Agreement are written on a “claims made” basis, coverage shall extend, either by keeping
coverage in force or purchasing an extended reporting option, for three years past
completion and acceptance of the services. Such continuing coverage shall be evidenced
by submission of annual Certificates of Insurance citing applicable coverage is in force and
contains the provisions as required herein for the three-year period.
G. Waiver. All policies, except for Professional Liability, including
Workers’ Compensation insurance, shall contain a waiver of rights of recovery
(subrogation) against the Town, its agents, representatives, officials, officers and
employees for any claims arising out of the work or services of Vendor. Vendor shall
arrange to have such subrogation waivers incorporated into each policy via formal written
endorsement thereto.
H. Policy Deductibles and/or Self-Insured Retentions. The policies set
forth in these requirements may provide coverage that contains deductibles or self-insured
retention amounts. Such deductibles or self-insured retention shall not be applicable with
respect to the policy limits provided to the Town. Vendor shall be solely responsible for
any such deductible or self-insured retention amount.
I. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Vendor shall execute written agreements with its subcontractors
containing the indemnification provisions set forth in this Agreement and insurance
requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible
for executing any agreements with its subcontractors and obtaining certificates of insurance
verifying the insurance requirements.
J. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Vendor will provide the Town with suitable evidence of insurance
in the form of certificates of insurance and a copy of the declaration page(s) of the insurance
policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence
that policies are placed with acceptable insurers as specified herein and provide the
required coverages, conditions and limits of coverage specified in this Agreement and that
such coverage and provisions are in full force and effect. Confidential information such as
the policy premium may be redacted from the declaration page(s) of each insurance policy,
provided that such redactions do not alter any of the information required by this
Agreement. The Town shall reasonably rely upon the certificates of insurance and
declaration page(s) of the insurance policies as evidence of coverage but such acceptance
and reliance shall not waive or alter in any way the insurance requirements or obligations
of this Agreement. If any of the policies required by this Agreement expire during the life
of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and
declaration page(s) to the Town 30 days prior to the expiration date. All certificates of
insurance and declarations required by this Agreement shall be identified by referencing
the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed
for all certificates or declarations received without the appropriate RFP number and title or
a reference to this Agreement, as applicable. Additionally, certificates of insurance and
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declaration page(s) of the insurance policies submitted without referencing the appropriate
RFP number and title or a reference to this Agreement, as applicable, will be subject to
rejection and may be returned or discarded. Certificates of insurance and declaration
page(s) shall specifically include the following provisions:
(1) The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
(a) Commercial General Liability – Under Insurance
Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.
(b) Auto Liability – Under ISO Form CA 20 48 or
equivalent.
(c) Excess Liability – Follow Form to underlying
insurance.
(2) Vendor’s insurance shall be primary insurance with respect
to performance of this Agreement.
(3) All policies, except for Professional Liability, including
Workers’ Compensation, waive rights of recovery (subrogation) against Town, its
agents, representatives, officers, officials and employees for any claims arising out
of work or services performed by Vendor under this Agreement.
(4) ACORD certificate of insurance form 25 (2014/01) is
preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the
phrases in the cancellation provision “endeavor to” and “but failure to mail such
notice shall impose no obligation or liability of any kind upon the company, its
agents or representatives” shall be deleted. Certificate forms other than ACORD
form shall have similar restrictive language deleted.
11.2 Required Insurance Coverage.
A. Commercial General Liability. Vendor shall maintain “occurrence”
form Commercial General Liability insurance with an unimpaired limit of not less than
$1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual
Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability
arising from premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury. Coverage under the policy will be at
least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not
limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims
arising out of the performance of this Agreement, the Town, its agents, representatives,
officers, officials and employees shall be cited as an Additional Insured under ISO,
Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or
equivalent, which shall read “Who is an Insured (Section II) is amended to include as an
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insured the person or organization shown in the Schedule, but only with respect to liability
arising out of “your work” for that insured by or for you.” If any Excess insurance is
utilized to fulfill the requirements of this subsection, such Excess insurance shall be
“follow form” equal or broader in coverage scope than underlying insurance.
B. Vehicle Liability. Vendor shall maintain Business Automobile
Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired
and non-owned vehicles assigned to or used in the performance of the Vendor’s work or
services under this Agreement. Coverage will be at least as broad as ISO coverage code
“1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent
allowed by law, for claims arising out of the performance of this Agreement, the Town, its
agents, representatives, officers, directors, officials and employees shall be cited as an
Additional Insured under ISO Business Auto policy Designated Insured Endorsement form
CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of
this subsection, such Excess insurance shall be “follow form” equal or broader in coverage
scope than underlying insurance.
C. Professional Liability. If this Agreement is the subject of any
professional services or work, or if the Vendor engages in any professional services or
work in any way related to performing the work under this Agreement, the Vendor shall
maintain Professional Liability insurance covering negligent errors and omissions arising
out of the Services performed by the Vendor, or anyone employed by the Vendor, or
anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally
liable, with an unimpaired liability insurance limit of $2,000,000 each claim and
$2,000,000 annual aggregate.
D. Workers’ Compensation Insurance. Vendor shall maintain
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over Vendor’s employees engaged in the performance of work
or services under this Agreement and shall also maintain Employers Liability Insurance of
not less than $500,000 for each accident, $500,000 disease for each employee and
$1,000,000 disease policy limit.
11.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town.
12. Termination; Cancellation.
12.1 For Town’s Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause after receipt by Vendor of written notice by
the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services
performed to the termination date.
12.2 For Cause. If either party fails to perform any obligation pursuant to this
Agreement and such party fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the non-defaulting party, such party will be in default. In the event of
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such default, the non-defaulting party may terminate this Agreement immediately for cause and
will have all remedies that are available to it at law or in equity including, without limitation, the
remedy of specific performance. If the nature of the defaulting party’s nonperformance is such
that it cannot reasonably be cured within 30 days, then the defaulting party will have such
additional periods of time as may be reasonably necessary under the circumstances, provided the
defaulting party immediately (A) provides written notice to the non-defaulting party and (B)
commences to cure its nonperformance and thereafter diligently continues to completion the cure
of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of
such termination for cause, payment shall be made by the Town to the Vendor for the undisputed
portion of its fee due as of the termination date.
12.3 Due to Work Stoppage. This Agreement may be terminated by the Town
upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned.
In the event of such termination due to work stoppage, payment shall be made by the Town to the
Vendor for the undisputed portion of its fee due as of the termination date.
12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ.
REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations
by the Town or any of its departments or agencies if any person significantly involved in initiating,
negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its
departments or agencies is, at any time while this Agreement or any extension of this Agreement
is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any
other party of this Agreement with respect to the subject matter of this Agreement.
12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this
Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent
or representative of the Vendor to any officer, agent or employee of the Town for the purpose of
securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this
provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and
withhold from the Vendor an amount equal to 150% of the gratuity.
12.6 Agreement Subject to Appropriation. This Agreement is subject to the
provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of
this Agreement for payment of funds by the Town shall be effective when funds are appropriated
for purposes of this Agreement and are actually available for payment. The Town shall be the sole
judge and authority in determining the availability of funds under this Agreement and the Town
shall keep the Vendor fully informed as to the availability of funds for this Agreement. The
obligation of the Town to make any payment pursuant to this Agreement is a current expense of
the Town, payable exclusively from such annual appropriations, and is not a general obligation or
indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the
amounts as set forth in this Agreement during any immediately succeeding fiscal year, this
Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall
be relieved of any subsequent obligation under this Agreement.
13. Miscellaneous.
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13.1 Independent Contractor. It is clearly understood that each party will act in
its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the
other. An employee or agent of one party shall not be deemed or construed to be the employee or
agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the
Services provided under this Agreement are being provided as an independent contractor, not as
an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to
workers’ compensation benefits from the Town. The Town does not have the authority to
supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and
not the Town, shall determine the time of its performance of the services provided under this
Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit
A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing
its profession elsewhere. Town and Vendor do not intend to nor will they combine business
operations under this Agreement.
13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of
the State of Arizona and suit pertaining to this Agreement may be brought only in courts in
Maricopa County, Arizona.
13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all
times during the performance of its duties under this Agreement ensure that it and any person for
whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations,
ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A)
existing and future Town and County ordinances and regulations; (B) existing and future State and
Federal laws; and (C) existing and future Occupational Safety and Health Administration
standards.
13.4 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Vendor.
13.5 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in this Agreement will be read and enforced as though it were included
herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party, this Agreement will promptly be physically
amended to make such insertion or correction.
13.6 Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid by a Court of competent jurisdiction shall not
affect any other provision or application of this Agreement which may remain in effect without
the invalid provision or application.
13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter, and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
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contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain meaning,
and no presumption shall be deemed to apply in favor of, or against the party drafting this
Agreement. The parties acknowledge and agree that each has had the opportunity to seek and
utilize legal counsel in the drafting of, review of, and entry into this Agreement.
13.8 Assignment; Delegation. No right or interest in this Agreement shall be
assigned or delegated by Vendor without prior, written permission of the Town, signed by the
Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision
shall be a breach of this Agreement by Vendor.
13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any
other party to furnish any of the material or services specified herein without the prior written
approval of the Town. The Vendor is responsible for performance under this Agreement whether
or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any
subcontract shall be a material breach of this Agreement by Vendor.
13.10 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the
Town’s acceptance of and payment for services, shall not release the Vendor from any
responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
13.11 Attorneys’ Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’
fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall
be deemed to have accrued on the commencement of such action and shall be enforced whether or
not such action is prosecuted through judgment.
13.12 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
13.13 Offset.
A. Offset for Damages. In addition to all other remedies at law or
equity, the Town may offset from any money due to the Vendor any amounts Vendor owes
to the Town for damages resulting from breach or deficiencies in performance or breach of
any obligation under this Agreement.
B. Offset for Delinquent Fees or Taxes. The Town may offset from
any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees,
transaction privilege taxes and property taxes, including any interest or penalties.
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13.14 Notices and Requests. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S.
Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to
a recognized and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Attn: Rachael Goodwin, Interim Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Vendor: Kimley-Horn & Associates, Inc.
7740 N. 16th St., Suite 300
Phoenix, Az. 85020
Attn: Robert Ferrin
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
13.15 Confidentiality of Records. The Vendor shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
employees, except as required to perform Vendor’s duties under this Agreement. Persons
requesting such information should be referred to the Town. Vendor also agrees that any
information pertaining to individual persons shall not be divulged other than to employees or
officers of Vendor as needed for the performance of duties under this Agreement.
13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors
are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s
books, records, correspondence, accounting procedures and practices, and any other supporting
evidence relating to this Agreement, including the papers of any Vendor and its subcontractors’
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employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit (A) evaluation and verification of any invoices, payments or claims based on Vendor’s and
its subcontractors’ actual costs (including direct and indirect costs and overhead allocations)
incurred, or units expended directly in the performance of work under this Agreement and (B)
evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer
sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to
audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors’ facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Vendor pursuant to this
Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate
workspace so that the Town can conduct audits in compliance with the provisions of this
subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of
intended audits. Vendor shall require its subcontractors to comply with the provisions of this
subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. §
41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIZ. REV. STAT. § 23-214(A). Vendor’s or its subcontractors’ failure to comply with such
warranty shall be deemed a material breach of this Agreement and may result in the termination
of this Agreement by the Town.
13.18 Israel. Vendor certifies that it is not currently engaged in, and agrees for
the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in
ARIZ. REV. STAT. § 35-393, of Israel.
13.19 China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby
agrees and certifies that it does not currently, and agrees for the duration of this Agreement that
Vendor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2)
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Vendor
also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents
from any claims or causes of action relating to the Town’s action based upon reliance upon this
representation, including the payment of all costs and attorney fees incurred by the Town in
defending such as action.
13.21 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity
among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the
documents shall govern in the order listed herein.
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13.22 Non-Exclusive Contract. This Agreement is entered into with the
understanding and agreement that it is for the sole convenience of the Town. The Town reserves
the right to obtain like goods and services from another source when necessary.
[SIGNATURES ON FOLLOWING PAGES]
EXHIBIT A TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE TOWN OF FOUNTAIN HILLS AND KIMLEY-HORN & ASSOCIATES, INC.
[Scope/Fee Schedule] See following pages.
kimley-horn.com 7965 North High Street, Suite 200, Columbus, OH 43235 614-454-6699
October 13, 2022
Justin Weldy
Public Works Director
Town of Fountain Hills
16705 East Avenue of Fountains
Fountain Hills, AZ 85268
RE: Fountain Hills Town Center Parking Management Study
Thank you for taking the time to discuss your parking management needs for the Town of Fountain
Hills. As your team described the Town is experiencing increased parking pressures in the Town
Center and Fountain Hills Lake Park area including during special events and programming. Along
with these current conditions there are several aspects of the recently approved Fountain Hills
General Plan 2020 that recommend the study of the parking and transportation system in Fountain
Hills. These recommendations include conducting an integrated parking study that comprehensively
assesses:
• Underutilized parking in the Town Center;
• Special event parking and traffic management plans and policies for the control of high-
volume traffic, short term localized traffic congestion and lack of available parking generated
by periodic special events;
• Feasibility of locating a public parking structure in the Town Center to support regular Town
Center parking needs and special event parking opening valuable land withing the Town
Center for additional development.
The General Plan 2020 also recommends a parking study in the Implementation Action matrix that:
• Assesses the required capacity and use of existing parking facilities;
• Recommends parking standards based on current best parking practices;
• Updates the Zoning Ordinance parking standards to reflect parking study recommendations.
Lastly, the General Plan 2020 recommends the preparation of an integrated Connectivity, Access,
and Mobility Plan that implements all the goals included in this Element and updates and
incorporates:
• All aspects of connectivity, access and mobility for all transportation modes;
• The Special Event Parking and Traffic Management Plan;
• The Town Center Circulation Plan;
• The Street Crossings and Drainage Analysis; and
• The parking recommendations included in the Parking Study.
The purpose of this high-level scope of work is to support implementing the recommendations of the
General Plan 2020 to mitigate existing parking pressures and be proactive as additional growth
occurs in the Town Center area.
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kimley-horn.com 7965 North High Street, Suite 200, Columbus, OH 43235 614-454-6699
Draft Scope of Services Outline
Task 1 Review Current & Past Relevant Studies ($2,000)
Review of relevant studies to gain an understanding of past work performed, particularly
recommendations. Key findings relative to parking will be documented.
Task 2 Review of Policies & Programs ($2,000)
Kimley-Horn will review the Town of Fountain Hills parking policies and programs that are either
approved or pending. The review will be cursory in nature to extract pertinent information relative to
how parking is operated, maintained, enforcement, applied to development, and required by code.
Task 3 Parking Inventory ($2,000)
An inventory of existing on and off-street parking facilities will be conducted within an approved study
area. For the purposes of this scope of services outline the study area is generally bounded by El
Lago Blvd (south), Fountain Hills Blvd (west), Palisades Blvd (north) and Saguaro Blvd (east)
including Fountain Park and the roadways adjacent to the east of the town center. The results of this
inventory will be mapped in GIS.
Task 4 Parking Occupancy ($10,000)
An occupancy count survey will be conducted for the parking facilities and on-street parking spaces
as agreed upon in Task 3. The occupancy survey will be conducted on an agreed upon
representative day or days. The occupancy counts will typically be performed on an hourly basis
from approximately 8:00 am to 6:00 pm. Specific times and days will be established in coordination
with Town staff. Kimley-Horn will utilize any available occupancy information from the Town of
Fountain Hills and will collect any missing data in the field. Kimley-Horn will utilize one of two
methods for data collection: collecting the information manually from ground observations for the
study area facilities or the use of drones to capture the on-street and surface lot data and on-ground
observations to collect the parking garage data.
Task 5 Special Event Parking Occupancy ($5,000)
An occupancy count survey will be conducted in and around Fountain Hills Lake Park during up to
two (2) special events agreed upon by Town staff. The occupancy counts will typically be performed
on an hourly basis starting 2 hours leading up to and through the event. Kimley-Horn will utilize one
of two methods for data collection: collecting the information manually from ground observations for
the study area facilities or the use of drones to capture the on-street and surface lot data and on-
ground observations to collect the parking garage data.
Task 6 Projected Future Parking Needs ($12,000)
Kimley-Horn will evaluate up to three future needs scenarios for the Town Center which can include a
combination of known/funded projects, projected Town Center growth, alternate parking supply
scenarios, and alternate redevelopment and/or growth scenarios. The three future needs scenarios will
be agreed upon by Kimley-Horn and the Town of Fountain Hills prior to beginning the evaluation.
Kimley-Horn will reference data provided in ULI’s Shared Parking, Third Edition manual to develop
hourly parking generation estimates for each of the three future scenarios. The projected future parking
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kimley-horn.com 7965 North High Street, Suite 200, Columbus, OH 43235 614-454-6699
demand will then be compared to the existing parking supply or projected future parking supply (if the
scenarios include redevelopment of an existing parking facility). Based on the results of this analysis,
Kimley-Horn will identify potential surpluses or deficits of available parking spaces for each scenario.
Task 7 Stakeholder Engagement ($4,000)
Kimley-Horn will attend and facilitate internal stakeholder meetings with Town staff, key stakeholder
meetings including with property owners, and community wide meetings. The purpose of these
meetings will be to collect feedback on existing parking conditions, educate the public on study
results and best practices, and present and solicit feedback on parking policy and management
recommendations. These meetings would be a mixture of virtual and in-person meetings and the
estimated budget could increase if meetings are required to be in-person.
Task 8 Parking Policy & Management Toolbox ($4,000)
Kimley-Horn will provide a parking policy and management toolbox glossary outlining important tools
and strategies used to mitigate parking pressures and increase access for residents. The toolbox
glossary will serve as an educational tool for internal and external stakeholders alike and be a
reference document for recommendations outlined in Task 9.
Task 9 Parking Policy & Management Recommendation ($7,000)
Based on the results of the parking occupancy and special event parking occupancy analysis,
projected future parking needs, and stakeholder engagement Kimley-Horn staff will develop a parking
policy and management recommendations matrix for the Town of Fountain Hills to implement to
improve parking and transportation access around the Town Center and Park. The matrix will rank
recommendations in priority order and by level of effort to implement. The matrix will serve as the
Town’s parking work program for the next several years and inform future budget decisions.
TOTAL FEE ESTIMATE ($48,000)
Once you and your team have had a chance to review this proposal outline and after we have
discussed further, we can provide a more detailed scope of services with defined deliverables for you
to review. At that time our team will also provide an hourly fee breakdown to complete this work.
The above outline can be modified to meet your needs and can be phased as appropriate.
Please feel free to contact me directly at 380 867 1280 or robert.ferrin@kimley-horn.com if you have
any questions. Kimley-Horn looks forward to partnering with the Town of Fountain Hills in your
parking management journey.
Sincerely,
Robert Ferrin
Senior Project Manager
PAUL NORDIN PKWY
PALISADES BLVD
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PARKVIEW AVE
AVENUE OF THE FOUNTAINS
EL LAGO BLVD
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Town Center
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Fountain Park
ITEM 9. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 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 Authorization to Proceed with Capital Project T6005, for final design of a traffic
signal at the intersection of Palisades Boulevard and Eagle Ridge and Palomino Drives.
Staff Summary (Background)
There are several traffic-related as well as physical and jurisdictional challenges at the Palisades and
Eagle Ridge/Palomino intersection. The Town signed this intersection as an All-Way Stop, due to the
line-of-sight issues, almost immediately after its opening in 1997. Since that time, traffic volume has
continued to increase as a result of the Adero Canyon development, expansion of the Adero Resort on
Eagle Ridge Drive, infill of Eagles Nest and the development of several other single-family lots north
and west of the intersection.
The Intersection analysis completed in 2021 provided a warrant and supplemental intersection
analysis for the intersection. Signal Warrants for eight hour volume, four hour volume and peak hour
volume (Warrants 1, 2 and 3) were met, as discussed below:
WARRANT 1, Condition B: EIGHT HOUR VOLUME: (MET) 1,073 VPH, on Palisades. 75 VPH, on
Palomino/ Eagle Ridge.
Eight-Hour Vehicular Volume - the Eight-Hour signal warrant is intended to be applied where there is a
large volume of intersecting traffic (Condition A: Minimum Vehicular Volume) or the traffic volume on
a major street is heavy such that the minor intersecting street suffers excessive delay or conflict
(Condition B: Interruption of Continuous Traffic).
WARRANT 2: 4 HOUR VOLUME: (MET) Warrant 2 is currently met with 10 hours exceeding the
required 4-hour threshold.
Four-Hour Vehicular Volume - the Four-Hour signal warrant is intended to be applied where the
volume of intersecting traffic is the principal reason to consider installing a traffic control signal.
WARRANT 3: PEAK HOUR VOLUME: (MET) Warrant 3 is currently met with 6 hours exceeding the
required 1-hour threshold.
The Peak Hour signal warrant is intended for use at a location where traffic conditions are such that
for a minimum of 1 hour of an average day, the minor street traffic suffers undue delay when
entering or crossing the major street.
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. Staff worked with Kimley Horn & Associates, Emergency Vehicle
Pre-emption and detection manufacturers and installers to test different products. This extensive
process was compounded by the fact that 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 and 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 and efficiently
service Emergency Vehicles is difficult to achieve. The result of this time-consuming task resulted in
an Emergency Vehicle Pre-emption and detection system that will provide unencumbered
(unobstructed) site-lines for Emergency Vehicle detection.
It is important to note that Kimley Horn & Associates has maintained their services and original cost
estimate throughout the duration of this three-year project. This final stage of design will advance the
project design from 90% to 100%. The funding for this final phase has been allocated, budgeted and
approved in the FY 23/24 CIP.
Related Ordinance, Policy or Guiding Principle
Capital Improvement Projects.
Risk Analysis
Not approving Authorization to Proceed with Capital Project T6005, for final design of a traffic signal at
the intersection of Palisades Boulevard and Eagle Ridge /Palomino Drives 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 Authorization to Proceed with Capital Project T6005, for final design of a traffic
signal at the intersection of Palisades Boulevard and Eagle Ridge and Palomino Drives
SUGGESTED MOTION
MOVE to approve authorization to Proceed with Capital Project T6005, for final design of a traffic
signal at the intersection of Palisades Boulevard and Eagle Ridge and Palomino Drives in the amount
of $34,910 and any associated budget transfers.
Fiscal Impact
Fiscal Impact
Fiscal Impact:$34,910.00
Budget Reference:N/A
Funding Source:Capital Projects
If Multiple Funds utilized, list here:N/A
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Scope and Fee
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 08/08/2023 12:07 PM
Finance Director David Pock 08/09/2023 01:10 PM
Town Attorney Aaron D. Arnson 08/09/2023 01:14 PM
Interim Town Manager Rachael Goodwin 08/10/2023 01:51 PM
Form Started By: Justin Weldy Started On: 06/06/2023 09:52 AM
Final Approval Date: 08/10/2023
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 9. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 08/22/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by:
Request to Town Council Regular Meeting (Agenda Language): DISCUSSION AND POSSIBLE ACTION:
Relating to the New Laws Report provided by the League of Arizona Cities and Towns of the enacted
bills that impact the operations of cities and towns.
Staff Summary (Background)
This is a regularly recurring agenda item on the Town Council agenda during the legislative session.
This agenda item aims to obtain consensus from the Mayor and Council on legislative bills and provide
direction, if any, to staff to communicate the town's position on the bills. For every Council meeting,
the Legislative Bulletin will be attached to the Town Council agenda, including legislative analysis of
the bills and their impacts on municipalities. The Mayor and Council will have an opportunity to
review the bills that are under consideration in the Arizona State Legislature and provide direction on
supporting or opposing the bills. The Mayor and Council may also bring up other bills of interest to the
Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin.
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 provide staff direction on one or more bills being considered by the State Legislature.
Attachments
Report
Form Review
Form Started By: Linda Mendenhall Started On: 08/14/2023 09:57 AM
Final Approval Date: 08/14/2023
2023 NEW LAWS REPORT
INTRODUCTION
The 2023 New Laws Report of the League of Arizona Citfes and Towns is designed to guide those
enactments of the first regular session of the 56th Arizona Legislature that have demonstrable impacts
on municipalitfes. During the last regular session, 1,675 bills were introduced in the House and Senate.
Of these, at least 52 enactments affect citfes and towns and are summarized in the Report.
Scope and Use
This Report is intended only to identffy and briefly summarize those new laws with significant impacts on
Arizona municipalitfes. It does not describe every new provision or law in detail, but it provides a
hyperlink to the informatfon and the chaptered version of the law. For a fuller understanding of new
laws, readers are encouraged to review the exact language of the new laws and their relevant legislatfve
histories.
Effectfve Dates
Unless otherwise noted in this Report, the effectfve date of the new laws described in the Report is Oct.
30, 2023. This date – 90 days after the legislatfve session’s conclusion – is the general effectfve date for
all enactments that are passed without an emergency clause or alternatfve effectfve date. This Report
identffies effectfve dates that vary from this general effectfve date. Where appropriate, it also includes
other statutory dates, such as repeal dates, implementatfon dates, and deadlines.
Disclaimers
This Report, published as a service to League members, does not necessarily identffy every law
impactfng municipalitfes. It is neither designed nor intended to provide legal advice or counsel. It should
be relied upon only as a reference tool and not as a comprehensive guidance document. While this
Report may highlight actfon items that citfes and towns should consider, it does not substftute the
independent judgments of your city or town manager, council, or attorney.
PART 1: COURTS, CIVIL AND CRIMINAL JUSTICE, AND LAW ENFORCEMENT
HB2168 Good Samaritan; medical assistance
(Chapter 26, emergency, signed 4/6/23)
Contfnues provisions enacted via Laws 2018, Chapter 1, 1st Special Session by five years from July 1,
2023 to July 1, 2028, including a provision allowing a person to not be charged or prosecuted for the
possession or use of a controlled substance or drug paraphernalia if that evidence was obtained as a
result of the person’s overdose and need for medical assistance. Contains an emergency clause.
HB2478 aggravated assault; law enforcement employees
(Chapter 159)
Expands the list of aggravated assault victfms to include an employee of a law enforcement agency
engaged in official dutfes.
HB2482 sexual assault kits; victfm notfficatfon
(Chapter 154)
Transfers the Automated Crime Victfm Notfficatfon System (System) and the associated Law Enforcement
Crime Victfm Notfficatfon Fund to the Arizona Criminal Justfce Commission (ACJC). Establishes a 10-
member Sexual Assault Kit Study Committee charged with examining the feasibility of providing crime
victfms with a tracking system for sexual assault forensic examinatfon kits. Committee members will
include one police chief (or the police chief’s appointee). Requires a report to the legislature by
December 1, 2023. Requires the ACJC to include a partnership between at least two vendors for the
purpose of expanding the System beginning in FY 2024 through FY 2026.
HB2485 ambush; police; sentencing enhancement
(Chapter 96)
States that if a person is convicted of committing aggravated assault on a peace officer, the person will
be sentenced to two additfonal years if the trier of fact determines there is any aggravatfng circumstance
pertaining to lying in wait for the victfm or ambushing the victfm during the commission of any felony.
This sentence is in additfon to any applicable enhanced punishment and cannot be suspended untfl the
underlying sentence is served. Outlines exceptfons to this provision for sentence commutatfon, earned
early release credits, and qualified personal leave.
SB1068 police dogs; emergency treatment
(Chapter 187)
Requires each ambulance service to allow properly trained emergency medical care technicians (EMCTs)
to provide emergency treatment to a police dog injured in the line of duty and to allow for the transport
of the police dog by ground ambulance or other emergency medical services vehicle to a veterinary clinic
or hospital equipped to provide emergency treatment to dogs.
SB1307 constables; salaries
(Chapter 196)
Requires a county Board of Supervisors to fix the salaries of constables to be elected for a period of four
years at the regular June meetfng preceding a general electfon. Increases the annual salary from $16,500
to $20,000 in precincts with an average of 100 or fewer documents served per year over the previous
four years as reported on the constable standardized daily actfvity logs. For precincts with an average
exceeding 100 documents, the salary is increased from $16,500 to $20,000 (5,000 or fewer registered
voters), from $26,000 to $30,000 (more than 5,000 but fewer than 10,000 registered voters), from
$29,437 to no more than $40,000 to $36,000 to no more than $45,000 (10,000 but fewer than 12,000
registered voters), from $36,100 to no more than $50,000 to $41,000 to no more than $56,000 (12,000
or more but fewer than 16,000 registered voters), and from $48,294 to no more than $67,000 to $55,000
to no more than $75,000 (16,000 or more registered voters).
SB1369 certffied peace officers; hiring reimbursement
(Chapter 73)
This law permits a law enforcement agency in this state or a city, town, county or politfcal subdivision
(Original Agency) that finances a peace officer’s certfficatfon and training to be reimbursed if the officer
is later hired by another agency (Hiring Agency). The reimbursement percentage is dependent on how
soon the officer leaves the Original Agency: 100% if within 12 months, 75% if after 12 but less than 24
months, and 50% if after 24 but less than 36 months. The Hiring Agency must cover all certfficatfon and
training costs, such as travel, housing, and salary during training. Hiring Agencies are barred from
considering potentfal reimbursement costs when hiring and cannot make officers pay these costs. The
Original Agency can enforce collectfon of the reimbursement through civil methods. However, if a peace
officer leaves the Original Agency and remains unemployed as an officer for a year or more before being
hired by the Hiring Agency, the Original Agency is not entftled to reimbursement.
PART 2: CAMPAIGNS, ELECTIONS AND RECORDKEEPING
SB1006 municipal notfces and ordinances; postfng
(Chapter 183)
Exempts a city or town from the requirement to publish the exhibits of an ordinance if the words
“exhibits on file” and the locatfon where the ordinance can be located are printed at the bottom of the
adoptfng ordinance.
SB1273 early ballot delivery; instructfon requirements
(Chapter 119)
Requires the countfes to include, in the official instructfons for voters on electfon day and the printed
instructfons to early voters, a specified statement concerning the unlawful handling and return of
ballots.
PART 3: TAXES, BUDGET, AND FINANCE
HB2446 smart and safe fund; distributfon
(Chapter 35)
Modifies the distributfon formula from the Smart and Safe Fund (Fund) by adding Joint Powers
Authoritfes to eligible entftfes receiving 31.4% of Fund monies in proportfon to the number of enrolled
members in the Public Safety Personnel Retfrement System. Contains a retroactfvity clause to January 1,
2021.
HB2809 public infrastructure improvements; reimbursement
(Chapter 181)
Specifies that transactfon privilege tax (TPT) revenues paid to a city, town, or county must not exceed the
TPT collected from constructfon contracts benefitfng manufacturing facilitfes. It amends the language to
clarify that the amount paid is the lesser of 80% of the total cost of public infrastructure improvements
or the total TPT collected from businesses. Additfonally, the aggregate cap on payments made to citfes,
towns, and countfes is raised from $100 million to $200 million.
SB1131 residentfal leases; municipal tax exemptfon
(Chapter 204)
Prohibits citfes and towns from taxing residentfal rental leases beginning Jan. 1, 2025. The measure will
reduce revenues for the 75 citfes and towns that tax residentfal rental propertfes by $230 million
annually. Landlords must also stop charging tenants the amount of the repealed residentfal rental
transactfon privilege tax (TPT) beginning Jan. 1, 2025. Landlords bear the burden of proof in any legal
disputes over charges, and this rent reductfon requirement will be repealed on January 1, 2027.
Simultaneously, the Arizona Department of Revenue (ADOR) is mandated to track revenues from remote
sellers separately when depositfng TPT revenues into the state General Fund. Municipalitfes are required
to prioritfze these revenues for public safety purposes before any other. By Sept. 30, 2024, ADOR must
inform every residentfal rental TPT licensee about the upcoming tax repeal, either electronically or by
first-class mail. The ADOR notfficatfon requirement will be repealed on Jan. 1, 2027.
SB1189 municipal tax code commission; contfnuatfon
(Chapter 192)
Extends the Municipal Tax Code Commission from July 1, 2023 untfl July 1, 2027.
SB1274 computer data centers; TPT; refund
(Chapter 68)
Directs a computer data center (CDC) to follow the standard tax refund process when claiming refunds
for transactfon privilege tax (TPT) or use tax. The measure comes into effect startfng from January 1,
2022. The new law also provides an exemptfon for CDCs, allowing their refund claims to bypass the
established aggregate refund cap.
SB1720 general appropriatfons act; 2023-2024.
(Chapter 133)
The following appropriatfons were included in SB1720:
$12.2M for Fire Incident Management Fund
$23.6M for Rural Broadband Accelerated Match Fund, details available in SB1723
$5.0M for senior housing assistance
$5.0M for fire district grants
$32M for wildfire mitfgatfon
$10M for statewide cybersecurity grants
$8.0M for human trafficking reductfon grants
$150M for Housing Trust Fund
$40M for Homeless Shelter & Services Fund, with an additfonal $20M supplemental appropriatfon for
FY23, details in SB1728
$5.0M for Mobile Home Relocatfon Fund
$84.6K for municipal firefighter reimbursement administratfon
$12.2M for local border support
$1.0M for law enforcement recruitment and retentfon matching grants
Multfple individual appropriatfons to citfes and towns for a variety of specified purposes
SB1722 capital outlay; appropriatfons; 2023-2024.
(Chapter 135)
In SB1722, a notable appropriatfon includes:
$12.5M for the SMART Fund. Please see SB1735 for additfonal details.
PART 4: GENERAL GOVERNMENT
HB2019 licensing; permitting; criteria; clarity
(Chapter 86)
Specifies that if a county or municipality requires a license or permit for a free speech, assembly actfvity,
or an actfvity changing the use, appearance, or density of a structure or land, then such county or
municipality shall specify the criteria for grantfng the license or permit, unless criteria are established by
existfng state or federal law. Provides a 60-day tfmeframe for municipalitfes and countfes to approve or
deny applicatfon submittals after they are deemed administratfvely complete unless another tfmeframe
is specified by a municipal or county ordinance or state or federal law.
HB2143 gray water; residentfal standards; rules
(Chapter 105)
Eliminates overriding language that restricted city, town, or county ordinances from limitfng gray water
use, if such use is authorized by the Arizona Department of Environmental Quality (ADEQ) for reclaimed
water reuse. It grants ADEQ the authority to establish regulatfons setting minimum requirements for
addressing public health and safety issues related to indoor use of residentfal gray water treatment
systems, partfcularly for toilet flushing. The indoor use of gray water for toilet flushing is allowed under
specific conditfons untfl ADEQ establishes its regulatfons. These conditfons include daily gray water usage
of less than 400 gallons, certfficatfon to meet Standard 350 for residentfal gray water recycling issued by
a Natfonal Sanitary Foundatfon and the American Natfonal Standards Instftute, reasonable preventfon of
human contact with gray water, dedicated piping systems for treated gray water only, and the provision
of gray water for toilet flushing only when the system is operatfng correctly.
HB2166 DHS; licensure; group homes
(Chapter 94)
Requires a behavioral-supported group home operated by a service provider and under contract with
the Arizona Department of Economic Security to be licensed by the Arizona Department of Health
Services (ADHS) beginning July 1, 2024. Requires ADHS to license behavioral-supported group homes,
valid for the period of accreditatfon, up to a maximum of three years. Authorizes inspectfons to verify
facilitfes meet health and safety standards. Accredited healthcare instftutfons may bypass compliance
inspectfons if the director receives their accreditatfon report, and the instftutfon is accredited by a
nonprofit organizatfon approved by the U.S. Department of Health and Human Services.
HB2223 liquor; licensing; processes; procedures
(Chapter 25)
Allows the Department of Liquor Licenses and Control (DLLC) to issue a temporary microbrewery festfval
license for product sampling and sales, contfngent on locatfon approval by the county or municipal body
unless the proposed physical locatfon is fully located within a licensed premise. Licensees with off-sale
privileges delivering spirituous liquor must document each delivery and acquire recipient’s identfficatfon
informatfon. Startfng in 2024, liquor licensees can pay luxury privilege taxes annually instead of monthly.
Allows the Director of the DLLC to expedite an applicatfon for an extension of premises before the
expiratfon of the 60-day period when the local governing body (or its designee) makes an advisory
recommendatfon. Licensed craft producers can consume and serve their products at off-sale retail
locatfons. Makes various other changes to liquor statutes.
HB2373 permits; automated permitting platiorm
(Chapter 33)
Authorizes countfes and municipalitfes to use a “qualified online automated permitting platiorm” to
verify code compliance in order to issue solar energy device permits. Modifies the requirement for
electrical diagrams to be either one-line or three-line, instead of both. Specifies that if a municipality or
county chooses to use such platiorm for code compliance verificatfon, a one-line or three-line electrical
diagram is not required.
HB2375 state land transfer; Bullhead City
(Chapter 63)
Transfers an estfmated 9.95 acres of state sovereign land from the State Land Department to Bullhead
City. The designated use of this land is for public parks and recreatfonal actfvitfes. Any sale, exchange, or
barter of this land is prohibited.
HB2381 mobile homes; recreatfonal vehicles; fund
(Chapter 16, emergency, 3/30/23)
Increases the maximum amount of assistance a mobile homeowner may receive from the Mobile Home
Relocatfon Fund (Fund) and increases the amount a landlord is required to pay into such Fund if there is
a change in use that causes mobile home relocatfons. The Arizona Department of Housing (ADOH) is
required, instead of allowed, to notffy the county assessors to reinstate the assessments if the amount in
the Fund is less than $6 million at the end of a fiscal year. Retroactfve to April 16, 2022. Contains an
emergency clause.
HB2484 failure to return vehicle
(Chapter 112)
Repeals a criminal code statute related to failure to return a motor vehicle under a security interest. It
establishes new conditfons for returning such a vehicle, including the lapse of lien payments for over 90
days, receipt of a 90-day overdue notfce from the second creditor, and failure to rectffy the default
within 30 days. An owner intentfonally failing to return the vehicle or allow the second creditor to take it
over will be in violatfon. Notfces must detail the loan agreement number, vehicle informatfon, business
address, operatfonal hours, and maximum penaltfes. The original contract must state the obligatfon to
return the vehicle within 30 days of a default notfce, with the owner keeping their address updated.
Exceptfons exist for physically incapacitated owners, unfit vehicles for return, or if the owner has a
security interest related to buyer remedies or rejected goods. Secured creditors are liable for all
expenses associated with law enforcement-led seizures. They can file an affidavit with the Arizona
Department of Transportatfon (ADOT) for failure of vehicle return, leading to immediate suspension of
the vehicle’s registratfon and license plate. ADOT is barred from transferring or re-registering the vehicle
untfl recovery confirmatfon is received from the secured creditor.
HB2547 zoning ordinances; property rights; costs
(Chapter 85)
Requires a municipal governing body to consider a housing impact statement prior to adoptfng any
zoning ordinance or amendment. Requires the statement to include an estfmated evaluatfon of the
probable effect on the average cost of constructfng housing for sale or rent within the zoning districts
where the proposed zoning ordinance or amendment applies, a detailed explanatfon of any data or
reference materials upon which the proposed zoning ordinance or amendment is predicated, and an
overview of any alternatfve methods that are less expensive or less restrictfve for achieving the
objectfves of the proposed zoning ordinance or amendment.
HB2669 prohibitfon; biosolids; land applicatfon
(Chapter 167)
Requires the Arizona Department of Environmental Quality (ADEQ) to require any land applicatfon of a
substance containing sewage or septage to comply with rules pertaining to the Clean Water Act including
pathogen reductfon requirements. States that a biosolid combined with a solid waste shall be regulated
as a solid waste by ADEQ.
HB2717 trauma counseling; 911 dispatchers
(Chapter 109)
Expands the traumatfc event counseling program available to public safety employees, peace officers,
and firefighters to include 911 dispatchers.
SB1010 personal flotatfon devices; rowing; exceptfon
(Chapter 168)
Exempts children ages 12 and under from a requirement to wear personal flotatfon devices while in
rowing shells that are underway if such rowing shells are used for practfce, training or rowing
competftfons. Requires specific conditfons to apply, including that the rowing event is supervised by a
coach certffied by a natfonally recognized rowing associatfon and is in a launch near the rowing shell, the
launch complies with the requirements of a natfonally recognized rowing associatfon and carries
lifesaving equipment on board and the operator of the rowing shell has successfully passed a swimming
test as certffied by a natfonally recognized rowing associatfon.
SB1051 census adjustment; populatfon threshold
(Chapter 4)
Permits countfes with a populatfon of less than 500,000 (up from 400,000) and multfjurisdictfonal areas
of 50,000 to 100,000 people to voluntarily establish rural planning zones. It also raises the populatfon
threshold to 500,000 for countfes transferring transportatfon excise tax revenues to the state treasurer.
Furthermore, it increases the same populatfon threshold in countfes for the Arizona Department of
Health Services to issue requests for proposal and proposed contracts for the Arizona Long-Term Care
System (ALTCS). Populatfon estfmates are based on the latest figures from the Office of Economic
Opportunity as opposed to data from the Arizona Department of Economic Security.
SB1061 public officials; home addresses; confidentfality
(Chapter 125)
Adds electfon officers and public officials to the list of individuals authorized to request that the general
public be prohibited from accessing public records containing a person’s personal identffying informatfon
that are maintained by the Arizona Department of Transportatfon (ADOT). Makes it a class 5 felony to
knowingly make available on the internet the personal informatfon of an electfon officer or public official
and designates the knowing release of a public official’s personal informatfon with malicious intent as a
class 6 felony. States that law enforcement agencies or state and local government entftfes are not
required to disclose a public official’s personal informatfon.
SB1103 administratfve review; approvals; developments
(Chapter 1)
Empowers the legislatfve body of a municipality or county, by ordinance, to authorize administratfve
personnel to review and approve site plans, development plans, preliminary plats, land divisions, lot line
adjustments, lot tfes, plat amendments or final plats and design review plans based on objectfve
standards without a public hearing.
SB1188 regulatfon; permissible consumer fireworks
(Chapter 161)
Allows municipalitfes to prohibit permissible consumer fireworks on days other than December 26
through January 4. Previously, this tfmeframe was December 24 through January 3.
SB1270 open meetfngs; capacity
(Chapter 23)
Requires schools, school boards, executfve boards, and municipalitfes to provide sufficient seatfng to
cater for the antfcipated attendance at deliberatfons and proceedings of a public body. However, these
entftfes are not forced to relocate a meetfng beyond the largest regular meetfng room available. Exempts
meetfngs held via technological devices from agenda postfng requirements. States that an agenda for
any public meetfng shall specify the tfme when the public will be allowed physical access to the meetfng
place.
SB1315 emergency response; students with disabilitfes
(Chapter 120)
Mandates that school boards and county school superintendents include provisions in their emergency
response plans on how schools and emergency responders will communicate and assist students with
disabilitfes during an emergency.
SB1432 assured water; small residentfal developments
(Chapter 182, emergency, signed 6/19/23)
Mandates that a city or town providing water via an intergovernmental agreement (IGA) with a
standpipe district (District) must do so for no more than three years, using a standpipe for water hauling
to residences outside the municipality’s water service area that lack sufficient water. Specific conditfons
include a maximum of 750 impacted residences, no other adequate water source within ten miles,
reimbursement to the city or town for the costs, and ensuring that water availability for other areas is
not reduced without consent. The District must enter into an IGA encompassing various aspects,
including cost reimbursement and conservatfon measures. Property owners can choose whether to join
a District, which must only provide water to its members. The District can levy a surcharge capped at
10% of a customer’s bill without unanimous board approval. By January 1, 2024, the director of the
Arizona Department of Water Resources must submit a report regarding building permits in Actfve
Management Areas and assured water supply certfficates. Contains a repeal date of December 31, 2025,
and includes an emergency clause.
SB1650 auditor general; dutfes; access
(Chapter 40)
Requires officers of a state agency, board, commission, department, instftutfon, program, advisory
council, committee, or politfcal subdivision to provide reasonable space for Auditor General staff and
furnish records in the form and tfme prescribed. Makes it a class 2 misdemeanor to knowingly obstruct
or mislead the Auditor General. Modifies the consideratfons for Committee of Reference (COR) during
agency sunset reviews and changes the final sunset review report by each COR.
PART 5: TRANSPORTATION AND TRAFFIC ENFORCEMENT
HB2288 roundabouts; right-of-way; large vehicles
(Chapter 107)
Specifies that the operator of a vehicle or combinatfon of vehicles with a total length of at least 40 feet
or a total width of at least 10 feet may deviate from the lane in which the driver is operatfng to the
extent necessary to approach and proceed through a roundabout. Allows an operator of a large vehicle
to navigate the roundabout and mandates that other drivers yield if they have already entered the
roundabout. Requires the Arizona Department of Transportatfon (ADOT) or a local jurisdictfon to post a
yield sign or a standard sign designed by ADOT conveying that large vehicles possess the right-of-way or
that vehicles shall yield to a large vehicle in the roundabout. States that if two large vehicles approach
simultaneously, then the one on the right shall yield to the one on the left.
HB2298 planned community authority; public roadways
(Chapter 84)
Clarifies that for any planned community established after December 31, 2014, the homeowners’
associatfon (HOA) loses the authority to regulate any roadway after the period of declarant control,
regardless of provisions in community documents. For communitfes whose declaratfons were recorded
before January 1, 2015, and which regulate roadways owned by a government entfty, they may contfnue
their existfng regulatfons untfl either a membership vote is held on the matter by June 30, 2025, or if
such vote fails or does not occur. If a vote fails or does not occur, the HOA will lose their authority to
regulate public roadways and existfng regulatfons will expire. One-way streets and privately owned
roadways are exempt.
SB1097 truck routes; designatfon
(Chapter 30)
The Arizona Department of Transportatfon (ADOT) or a local government may limit or ban the operatfon
of legally sized vehicles on major arterial streets connectfng multfple local jurisdictfons, provided a test
drive or vehicle template demonstrates a safety concern. This applies to ordinances and resolutfons
adopted post-January 1, 2020. If a highway lacked a “truck restrictfon” before annexatfon by a local
government, it cannot be included in a restrictfon post-January 1, 2020. Local governments must amend
or repeal any ordinances inconsistent with this act within 90 days after its effectfve date, otherwise they
will be invalidated.
SB1102 transportatfon excise tax; Maricopa County
(Chapter 203)
The Maricopa County Transportatfon Tax, otherwise known as Prop. 400, is a proposed levy that, if
approved by voters in a countywide electfon, will be implemented startfng January 1, 2026, for a term of
20 years. This tax would be up to 10% of the 1990 state TPT rate, 10% of the jet fuel excise tax rate, and
10% of the use tax rate for electricity or natural gas consumers. The revenues from this tax will be
allocated as follows: 40.5% for the state highway system, 22.5% for arterial streets and regional
transportatfon infrastructure, and 37% to the Public Transportatfon Fund. No more than 5% of the tax
revenues can be used for regional transportatfon infrastructure and these allocatfons cannot be reduced.
The funds cannot be used for any rail system extensions, influencing electfon outcomes, or projects that
reduce existfng lane miles unless certain conditfons are met, including approval from a third-party
engineering study, public input, and no increased vehicle congestfon or travel tfmes. The Maricopa
County Regional Public Transportatfon Authority will be reestablished if the tax is approved. A
countywide electfon for the tax’s contfnuatfon will occur between Jan. 1, 2022, and Jan. 1, 2024, and at
least one year before the existfng tax would be discontfnued, on Jan. 1, 2025. Publicity for this ballot will
include a summary of the tax, its uses, and arguments for and against the measure. Arguments can be
submitted to the Maricopa County Electfons Director.
SB1206 commercial vehicles; penalty; civil; criminal
(Chapter 126)
Establishes out-of-service (OOS) order violatfons for drivers, motor carriers, shippers, and manufacturers.
Outlines a penalty structure that makes it a class 2 misdemeanor for a first offense, class 1 misdemeanor
for a second offense, and a class 6 felony for any subsequent offenses. Adds shipper or manufacturer to
a prohibitfon requiring a driver to operate a commercial vehicle that is subject to an OOS order untfl all
repairs are completed or who is subject to an OOS order untfl the reason is remedied. Requires a court to
impose a civil penalty of at least $2,750 nor more than $25,000 on a shipper or manufacturer that
violates an OOS order or permits a driver to violate or fail to comply with an OOS order. Adds language
subjectfng shippers and manufacturers to disqualificatfon of a commercial driver’s license.
SB1340 toll roads; conversion; prohibitfon
(Chapter 129)
Prohibits county boards of supervisors from approving applicatfons to convert publicly funded or
maintained streets or highways into toll roads, except for public-interest airports. The Arizona
Department of Transportatfon (ADOT) is also prohibited from entering into any agreement to convert an
existfng publicly funded or maintained road into a toll road. This prohibitfon extends to implementfng
general purpose toll lanes, high occupancy toll lanes, variable rate tolling, or any combinatfon thereof, as
well as mechanisms informing drivers about upcoming toll facilitfes and payment optfons.
PART 6: LABOR, EMPLOYMENT, RETIREMENT AND BENEFITS
HB2008 ASRS; contributfon prepayment
(Chapter 46)
Permits employers to elect a short-term investment rate of return. Strikes a requirement for employers
that elect an amortfzatfon schedule for their prepaid contributfons if such employer enters into a
contributfon prepayment program with the Arizona State Retfrement System.
HB2009 ASRS; retfrement applicatfon; changes
(Chapter 47)
Permits members to modify informatfon in their retfrement applicatfon within a 60-day period following
their official retfrement date.
HB2015 retfrement plans; plan electfon; rehire
(Chapter 48)
Allows a Tier 3 Correctfons Officer Retfrement Plan (CORP) or Public Safety Personnel Retfrement System
(PSPRS) member, upon re-employment by a new or previous employer, to make a new benefit plan
electfon within a 90-day window. This applies to those who are either hired by a new employer or are
rehired by their former employer following a bona fide terminatfon of employment that lasted for at
least six months, provided there was no prearranged agreement for reemployment.
HB2028 PSPRS; contributfon rates
(Chapter 102, emergency, 5/1/23)
Reduces the contributfon rate for members of the Public Safety Personnel Retfrement System from
11.65% to 7.65% beginning in FY 2024. States that any amount of the member’s contributfon exceeding
7.65% and accumulated between July 1, 2011 through June 30, 2020 may be applied to the calculatfon of
employer contributfons. Retroactfve to July 1, 2023. Contains an emergency clause.
HB2029 ASRS; supplemental deferral plan; partfcipatfon
(Chapter 52)
Authorizes a politfcal subdivision or a politfcal subdivision entfty not partfcipatfng in the Arizona State
Retfrement System (ASRS) from electfng to allow its employees to partfcipate in a supplemental
employee deferral plan overseen by ASRS entering into an agreement with ASRS.
HB2431 workers’ compensatfon; firefighters; rate deviatfon
(Chapter 149)
Enacts session law limitfng commercial workers’ compensatfon insurers (Insurer) to collect additfonal
premiums only if a fire district can receive reimbursements under the federal American Rescue Plan Act
of 2021 before July 1, 2023. Sets the maximum amount at $800,000 for the additfonal premium each
Insurer can collect.
SB1164 workers’ compensatfon; fraud investfgatfons; adjudicatfons
(Chapter 191)
Requires the Industrial Commission of Arizona (Commission) to establish a Fraud Unit (Unit) to
investfgate fraudulent actfvitfes, statements or representatfons made in connectfon with workers’
compensatfon claims. Requires the Commission to adopt rules establishing a process for receiving
complaints and conductfng investfgatfons. Allows the Unit to investfgate allegatfons of fraud either based
on a complaint or the Unit’s own motfon. States that any allegatfon involving unfair claim processing
practfces or bad faith by an employer, insurance carrier or claims processing representatfve. Clarifies, as
enacted via HB2431, the aggregate amount of the additfonal premium each commercial workers’
compensatfon insurer may charge and collect from all fire districts insured at $800,000.
SB1173 public retfrement systems; plan electfon
(Chapter 6)
Modifies the Public Safety Personnel Retfrement System (PSPRS) and the Correctfons Officer Retfrement
Plan (CORP) by specifying that employees hired or rehired from July 1, 2017, their partfcipatfon in PSPRS
or CORP commences on their hiring or rehiring date. Additfonally, the penalty for late contributfons to
the PSPRS board by both employer and employee will now be compounded annually instead of daily.
Probatfon or surveillance officers hired on or after July 1, 2018, are granted the optfon to partfcipate
either in the CORP or the PSPRS defined contributfon plan. The tfmeline following a member’s
retfrement during which they must pay an alternate contributfon rate is reduced from 12 to 6 months.
Finally, the requirement for the PSPRS Board to use a total asset amount, composed of the sum of assets
in the prefunding plan and the defined benefit pension, in the calculatfon of the unfunded pension
liability and the annual actuarial required contributfon amount for the annual employer valuatfon report
was stricken.
PART 7: BALLOT REFERRALS
H.C.R. 2039 governor; emergency powers
(Transmitted to the Secretary of State, 06/13/2023)
Terminates any emergency powers given to the governor during a state of emergency 30 days post
proclamatfon. This requires consent from the voters at the next general electfon in order to become
effectfve. If a petftfon with signatures from a minimum of one-third of the House and Senate is
presented, it mandates the governor to convene a special session. This does not apply to powers given
during a state of war emergency or an emergency triggered by a flood or fire. Restricts, during a special
session meant for ending or modifying the emergency powers given to the governor, the topics the
legislature can consider to those related to the emergency powers bestowed upon the governor during a
state of emergency. If the legislature does not prolong the governor’s emergency powers, it prevents the
governor from declaring a new state of emergency based on the same circumstances that led to the
original proclamatfon of the state of emergency.
H.C.R. 2033 primary electfons; eligible candidates
(Transmitted to the Secretary of State, 03/28/2023)
Specifies the direct primary electfon law enacted by the legislature supersedes any contrary or
inconsistent provision of any charter, law, ordinance, rule, resolutfon or policy of any city. Provides that
the direct primary electfon for partfsan offices shall be conducted in a manner so that each politfcal party
has qualified for representatfon on the ballot shall be permitted to nominate for each office a number of
candidates equal to the number of positfons to be filled for that office in the ensuing general electfon.
Stfpulates that all otherwise eligible candidates who are so nominated shall be placed on the ballot in
the next ensuing general electfon. Directs the Secretary of State to submit the propositfon to the voters
at the next general electfon.
New Laws Report Is published annually by the League of Arizona Citfes and Towns, 1820 W. Washington
Street, Phoenix, AZ 85007
Phone: (602) 258-5786; Fax: (602) 253-3874; Email: league@azleague.org; Internet: www.azleague.org