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HomeMy WebLinkAboutAGENDApacket__10-17-23_0612_520       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, OCTOBER 17, 2023 WHERE:   FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.   Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.  REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting  https://www.fountainhillsaz.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting . These comments will be shared with the Town Council.         Town Council Regular Meeting of October 17, 2023 2     NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).        1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.INVOCATION - Reverend Dr. Cathy Northrup, Community Church of the Verdes     3.ROLL CALL – Mayor Dickey     4.STATEMENT OF PARTICIPATION     5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.Stellar Students for the Month of October.    B.PROCLAMATION: Designation of October as Polish American Heritage Month.    C.PROCLAMATION: Designation of October as German American Heritage Month.    D.PROCLAMATION: Designation of October 18, 2023, as Support Your Local Chamber of Commerce Day.     6.PRESENTATIONS     A.PRESENTATION: Update on Capital Improvement Projects     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.     Town Council Regular Meeting of October 17, 2023 3   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 normal sequence on the agenda.     A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Regular Meeting of September 19, 2023.     B.CONSIDERATION ANDPOSSIBLE ACTION: Resolution 2023-32, abandoning the 10' Public Utility and Drainage Easements along the south and east sides of 17315 E Zaharias Drive (Application A23-000010).     9.REGULAR AGENDA     A.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Resolution 2023-33 declaring as a public record a document entitled P2023 Sign Ordinance and Ordinance 23-04, amending Zoning Ordinance Chapter 6, Sign Regulations.      B.CONSIDERATION AND POSSIBLE ACTION: Resolution 2023-34 adopting the intergovernmental agreement with Maricopa County Sheriff's Office (MCSO) for law enforcement services until June 30, 2026.     C.CONSIDERATION AND POSSIBLE ACTION: Resolution 2023-35 Regarding Masking and Vaccinations as an individual personal responsibility.     D.DISCUSSION AND POSSIBLE DIRECTION: Staff will provide an update on the pavement analysis and pavement schedule and present the findings of a Roadway Geotechnical Engineering Report.     E.CONSIDERATION AND POSSIBLE ACTION: Approving the First Amendment to Cooperative Purchasing Agreement 2023-069.1 with Roadsafe Traffic Systems.     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   Town Council Regular Meeting of October 17, 2023 4     12.ADJOURNMENT         CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this ______ day of ____________________, 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 October 17, 2023 5   ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/17/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language):  Stellar Students for the Month of October. Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 09/13/2023 10:34 AM Finance Director David Pock 09/13/2023 11:13 AM Finance Director David Pock 09/13/2023 11:13 AM Town Attorney Aaron D. Arnson 09/13/2023 12:56 PM Interim Town Manager Rachael Goodwin 09/20/2023 02:32 PM Form Started By: Angela Padgett-Espiritu Started On: 09/13/2023 08:06 AM Final Approval Date: 09/20/2023  ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/17/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Designation of October as Polish American Heritage Month. Staff Summary (Background) Mayor Dickey will proclaim October as Polish American Heritage Month. Attachments Polish American Heritage Month Proclamation  Form Review Inbox Reviewed By Date Town Attorney Linda Mendenhall 10/10/2023 07:40 AM Town Manager Rachael Goodwin 10/10/2023 08:31 AM Form Started By: Angela Padgett-Espiritu Started On: 10/09/2023 03:52 PM Final Approval Date: 10/10/2023  ITEM 5. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/17/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Designation of October as German American Heritage Month. Staff Summary (Background) Mayor Dickey will proclaim October as German American Heritage Month. Attachments German American Heritage Month Proclamation  Form Review Inbox Reviewed By Date Town Attorney Linda Mendenhall 10/10/2023 07:41 AM Town Manager Rachael Goodwin 10/10/2023 08:31 AM Form Started By: Angela Padgett-Espiritu Started On: 10/09/2023 03:56 PM Final Approval Date: 10/10/2023  ITEM 5. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/17/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Designation of October 18, 2023, as Support Your Local Chamber of Commerce Day. Staff Summary (Background) Mayor Dickey will proclaim October 18, 2023, as Support Your Local Chamber of Commerce Day. Attachments Support Your Local Chamber of Commerce Day Proclamation  Form Review Inbox Reviewed By Date Town Attorney Linda Mendenhall 10/10/2023 07:41 AM Town Manager Rachael Goodwin 10/10/2023 08:31 AM Form Started By: Angela Padgett-Espiritu Started On: 10/09/2023 03:59 PM Final Approval Date: 10/10/2023  ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/17/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Regular Meeting of September 19, 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 September 19, 2023. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of September 19, 2023, as presented.   Attachments Verbatim Transcript  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 10/09/2023 02:49 PM Town Manager Rachael Goodwin 10/10/2023 08:31 AM Town Manager Rachael Goodwin 10/10/2023 08:31 AM Form Started By: Linda Mendenhall Started On: 10/09/2023 02:18 PM Final Approval Date: 10/10/2023  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 19, 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 5:35 p.m. Members Present: Mayor Ginny Dickey: Vice Mayor Sharron Grzybowski; Councilmember Gerry Friedel; Councilmember Peggy McMahon; 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 Fifty-one members of the public were present. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 1 of 119 Post-Production File Town of Fountain Hills Town Council Meeting September 19, 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 SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 2 of 119 MAYOR DICKEY: Good evening, everyone. Welcome. Please stand for the pledge, and if you'd like, please 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. Pastor Jeff Teeples, from the Shepherd of the Hills. Hello. How are you. TEEPLES: Well, good evening, everyone. And I just wanted to make kind of a plug before I start. We're having the Arizona or the Attorney General's Office from Arizona is coming to our church to give a presentation on human trafficking this Thursday night at 6:30. So if that's of interest, you're all invited to come. So I thank you for allowing me to be here tonight and give this invocation. And invocation is invoking or calling on God to give inspiration or wisdom. And that's a good thought as you begin your council meeting tonight as we meet as a community. I want you to -- I'm a faith person, and so we talk a lot about faith. Tonight I want you to think about faith as trust. And if you think about right now you all just stood up, and there was a chair that was holding you, and if you were to see that chair somewhere else, you'd probably likely say oh, that's a good chair. I could sit in that. It would hold me up. Well, that's trust. That's trust in that something beyond what you can see, because of experience, it will actually hold you up. But in order to really put your faith in that and your trust in that, you actually need to sit in the chair. Faith is described as trust and God invites us to trust Him. This is from Psalm 62: "Yes, my soul find rest in God. My hope comes from Him. Truly He is my rock and my salvation, He's my fortress. I will not be shaken. My salvation and my honor depend on God. He is my mighty rock, my refuge. Trust Him at all times, you people. Pour out your hearts to him for God is our refuge". The Psalm speaks about God being a place of rest, a source of hope, a solid foundation, a rock, a fortress, a refuge. And the psalm encourages you and me to trust God at all times. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 3 of 119 So for the invocation I call on God to be our place of rest, a source of hope, a solid foundation, a rock, a fortress, and a refuge. Would you please pray with me. Lord God, thank you for our community of Fountain Hills. Thank you for our town council. Thank you for their decisions and the decisions that will be made or need to be made to make our town be the best possible place to live. I thank you for our elected leaders. I thank you for our schools. I thank you for our community leaders and our firemen and police force as well. So Lord, we give you thanks tonight and thank you that we can depend on you as God of rest, refuge, of rock and fortress, a foundation for our lives and our community. In Jesus' name we pray. Amen. MAYOR DICKEY: Next we have our roll call? Linda? MENDENHALL: Mayor Dickey? MAYOR DICKEY: Here MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Councilmember Friedel? FRIEDEL: Present. MENDENHALL: Councilmember McMahon? MCMAHON: Present. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Here. MENDENHALL: Councilmember Toth? TOTH: Here. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Here. 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. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 4 of 119 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 a future council agenda. MAYOR DICKEY: Thank you. We're going to start off with some comments from our attorney regarding tonight's agenda and then we'll move on to activities. ARNSON: Thank you, Mayor and council. On the agenda tonight, you'll see what appears currently as agenda item 9A, on the regular agenda: "Consideration and possible action for a vote of support for the school district bond election". That item will not be considered tonight. We want to avoid any appearance, whether real or perceived, about use of town resources as part of an election. That being said, any comment cards that were received in support or opposition to this item, the names will be read during the call to the public portion. Thank you. MAYOR DICKEY: Thank you, Aaron. We'll start, as always, but I'm going to go in this direction first and ask Councilman Skillicorn for his report. SKILLICORN: Thank you, Madam Mayor. Actually, today I had an opportunity to go with the economic director Jacobs to check out the McDowell Adventures, which was a good time with also the Chamber of Commerce. And one thing I also want to point out, last week I had an opportunity to meet with legislators. I was able to sit down with Senator Hoffman and Senator Wadsack, Representative Heap and Representative Parker and talk about next year's legislative agenda and some strategy there. So that's all I have for tonight and thank you very much. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 5 of 119 MAYOR DICKEY: Thank you. Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Hi everybody. Good evening. Thank you, again, for coming and joining us for your town council meeting. It's very appreciated. And look at the size of this room, amazing. Also thank you to the people who are tuning in online and on YouTube and on Cox Channel 11. But before I give me report, I'd just like to address an item from two weeks ago which is when I put the invocation back on to a future agenda item, which would have been tonight. After I did that, I sent some case law to our town attorney and to our town manager and also some guidance from other municipalities throughout the country. Due to the complex nature of those correspondence, and due to the confusion last week, and to complicated matters of rules of procedure, I thought that it might be best for us to discuss that in executive session, which we did today. So this will not be appearing on the agenda tonight. And I just want to let everybody know that I was the one who is responsible for that. So if you like it, you can thank me and if you don't, you can blame me. But again, as far as our town council meetings are concerned, this seems like one of the questions I get from people is, well, it's all kind of complicated and confusing. How do we keep up that are at home or in the audience? And just so everybody knows there is an agenda packet that is listed on our town website. It's on the front page, you go to agendas and then go to today's date. Everything that we'll discuss tonight was on the agenda. Somebody addressed me and said you guys have all the inside stuff and the stuff that the public doesn't see and so we have an disadvantage. That is not true. Everything that we discuss here tonight is on the agenda package, and you have availability to take a look at. And so what we discuss here tonight in chambers is something that we've seen this week, it was agendized, we've read it, and we're here to discuss it tonight. And if you want to be as informed as we are, or as little informed as we are, that is available for you on our website. Okay? A couple of things that I've done in the past couple of weeks. Our streets and safety TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 6 of 119 committee had met again. The streets and safety committee is currently composed of the Mayor, our Councilwoman McMahon, and our town staff. And we address all the correspondence that we receive from the public, from you. As far as you think the stoplight should be there. There's too much speeding here. There's too much noise there. This doesn't go off into the ether and get ignored. We meet regularly. We discuss all this business. We do the traffic studies and which is to determine what is safe for Fountain Hills. And so I just want you to know that these things are looked at and addressed by the town council and the volunteers. We also had our Fountain Hills Cares planning meeting which is really important and that's next month we're going to have the meeting to protect our, basically, elderly from frauds, scams, and phishing. And so that's going to be on October 19th. I suggest everybody goes to know what the scammers are planning or if you have any family members or elderly, your parents or anybody else, have them come too. Because it's going to be really informative. We're going to have the Attorney General's Office there, somebody from the FBI, from Chase Bank, Maricopa County Sheriff's Office, and so it's going to be a very good meeting, very informational, and it might just save you a lot of money. And so I would encourage everybody to come to that. And lastly, this week on Thursday, as part of the Leadership Academy, I'm an alumni, we're conducting the know your government section. And we'll be here in this very chamber with this year's Leadership Academy to take our future leaders and teach them how to be more aware of what's going on in the town. And like I said, I appreciate out town staff, Rachael, for setting that up. And the Mayor, of course, the Mayor is going to be speaking and it's a wonderful thing. So that's going to be on our town agenda for Thursday. So anyway, that's all I have tonight. Thanks again for coming. MAYOR DICKEY: Councilman? FRIEDEL: Thanks, Mayor. Just a couple of quick things. I did attend the Leadership kickoff last week. So that was very good to see all the new participants and hear a little bit about each one of them. So that was very informative. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 7 of 119 And just a little public service announcement, Guardian First Responders is in the process of collecting donations for the blue tree down on the Avenue to go along with our Christmas decorations. So if you don't know how to get a hold of them and you're around here at the end of the meeting, I have a card that I can give you if you're interested. And otherwise you can look them up. They have a Facebook page as well. So that's Guardian First Responders and they're collecting for our blue tree for first responders. Thank you. GRZYBOWSKI: I'd like to remind you guys about two upcoming events next month. The first one is Move in the Park on October 14th, which is at the Four Peaks Park. And the second is Make a Difference Day, which is Saturday the 21st. We have plenty of clients, so we're not looking for any more houses to do work on. But we still looking for volunteers. If you'd like to sign up, all of our registration is online now. So you go out to the town's website, click residents, and then look for the Make a Difference Day under the volunteering area. Then, today is my favorite day of the month, it's Stellar Student Day. That is always exciting for me because it's a whole new group of people coming to visit us that don't generally come to visit. And I don't know if the Mayor has learned to just deal with the fact that I say this every month. But what I'm going to tell you is, mom and dad are going to want to leave after it's over. But it's okay to stay because in sort of a nerdy way it's kind of cool to sit down and watch your town in action and see the people come up and speak at call to public and see how we interact with each other. You never know, you may find yourself with blue hair on the council dais one day. Thank you. TOTH: I have no report. Thank you, Mayor. MAYOR DICKEY: Okay. GOODWIN: That's all right. I will bring it home. And I actually have a couple of quick updates. I wanted to mention we were all there for the Leadership academy reception. It was very welcoming. It was great to welcome TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 8 of 119 the seventh class. Then we are going to be hosting Get to Know your Government Day on Thursday, so we are looking forward to that. We're going to take a broad dive into our town, our roles, the operations, and our services that we provide. Quick reminder to a lot of our park users. Temperatures are finally beginning to simmer down a little bit. Yay. But what that means is we're going to be kicking off, or we actually already started our overseeding process. Both Fountain Park and the Avenue Linear Park are being prepped right now. Reminder that that can be a little bit dusty as they begin scalping the summer grass and as the winter grass is installed it takes quite a bit of daytime irrigation to get that seed to germinate. So just a reminder that if you are a walker in our parks, it may be a great time to discover one of our other parks where we have walking loops and that won't be impacted by the overseeding effort. Also a quick reminder that our town clerk is taking applications right now for all of our commissions. So if you're interested in serving in a volunteer role, our commissions are a great way to do that. She'll be happy to answer any questions and get you pointed in the right direction. And lastly, I think I have the right audience here to remind everybody that tomorrow on the Avenue of the Fountains is our homecoming parade. So everyone's invited out tomorrow afternoon. I believe start time is around 6. UNIDENTIFIED SPEAKER: 6:30. GOODWIN: 6:30, thank you. Avenue will be closed for that. But everyone is invited to come out and celebrate. So we will see you there. MAYOR DICKEY: All right. And we have our ballet coming too on the 28th, Ballet in the Park. I would miss if you didn't say that at every Stellar Student Month. GRZYBOWSKI: Thank you, ma'am. MAYOR DICKEY: East Valley Mayor's meeting that we have every quarter. This time it was at Salt River, Maricopa Pima -- Pima-Maricopa County Indian Community and it was at Wolf Lodge. I've never been there before, so that was great. We talked about public safety and water issues. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 9 of 119 Economic development, they have a lot of enterprises there. GPEC, which is Greater Phoenix Economic Council, mayors and supervisor quarterly. So it was a time for all the quarterly meetings. The kickoff there for the -- I got to speak to class 7 and they're very impressive and I can't wait to see what they come up with next time. And I see Dori here. So thank you. It was a really, really great kickoff. We had a tour of EVIT. I know I saw the superintendent here, Dr. J. There were principals there, parents, and others. It was organized by our dedicated residents Fred Bedell and Carl Ivarsson. We toured the incredible facilities they have there. If you haven't had a chance to see it, you'll be wowed. Our kids have access to it, of course, we're part of the 11 districts. They had a lunch at what they call Bistro 13, which is prepared and operated by all the students. And by the way, guys back there, they offer half-price on their already low prices for first responders. So go in there, they had great fries. And it's not that far. We are fortunate, like I say, to be part of those 11 districts because for a very small amount we're a part of this -- we used to call them JTEZ, which are joint technical education districts and now they're career and technical education. So it's very awesome. Last, before we go to the proclamations, I want to mention that MAG, the Maricopa Association of Government's executive director, Ed Zuercher, who used to be the city manager in the City of Phoenix, named our own Fountain Hills' Audra Koester Thomas as the chief of staff. And Audra started there in 2015 to facilitate long-range transportation planning. She works tirelessly. She's so smart. She helped us years ago here when we went -- when the town council was going through some issues that we needed her support and she has played a key role in working and passing Momentum 2050. So I just wanted to make sure I congratulated Audra and we'll be seeing her. She's made presentations here before. Now, Vice Mayor, we do our stellar students. So just let me explain a little bit. Because I do the Stellar Students, I read about each child up here, each student. And then TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 10 of 119 Angela will hand them their certificates. Then I'll come down and we'll take a picture. And while I'm down there, I'm going to stay because we're doing constitution Week proclamation to Viree over there and then we're going to do the Hispanic Heritage Month with my friend down there. So I'll take those with me and bear with me while we go through this. We're going to start with the Stellar Students and we always start with McDowell Mountain. The first is Peyton Jochens. I'm sorry. I want to say that right. Peyton, did I say that right? JOCHENS: Jochens. MAYOR DICKEY: All right. Jochen. Yay Peyton. Come on up. Go right over there to Angela and then please stay up here. So let me tell you about Peyton. Peyton is a perfect example of a Stellar Student. Not only does he always do his very best on his academic school work but he's extremely polite and considerate of others. Peyton is the first one to step in and help whenever and wherever he can. Peyton takes on and conquers every challenge in STEM class and has an amazing attitude. He's very capable And excels at whatever we're working on. But what impresses me, this is the teacher, the most is the way he looks out for others and demonstrates the Falcon way. So hurray for Peyton. Our next student from McDowell is Szebasztian Labbancz -- Oh, you got to stay up here. You don't get away that easy. Szebasztian is -- is Szebasztian here? Hey, here he comes. Szebasztian Labbancz. Szebasztian is always a stellar student in my STEM classroom and in his regular classroom and in the whole school for that matter. He's such an incredibly hard worker and does his best at all times. He's an amazing friend to others and is the first one to offer help to a friend or a classmate whenever it's needed. Szebasztian is so bright and creative that no matter how hard I try to stump him or challenge him in class, he always has one more thing to add that I never even thought of. I can't wait to watch and see how his future unfolds and amazing things he will accomplish. That's Szebasztian from McDowell Mountain. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 11 of 119 Now we get to move on to the middle school and we have Marliana Hernandez. Is Marliana here? Oh. Well, I will read about Marliana. Marliana comes into the math classroom quietly and ready to work every day. She's the first one in, gets ready immediately to start the class period. We're currently working on taking notes and her notebook is one that other students should model. She's neat, organized, and extremely detailed. Marliana's work ethic contributes to making her a Stellar Student. So that's Marliana from the middle school. Hopefully they're watching. I see. Do we only have one for the middle school? No. Let me just make sure before I go on here. Ah, here we go. Caden Plumb. Is Caden here? Hey, hi Caden. Sorry. Caden is a very hard working student. He comes into class daily, ready to work. He helps others if needed and is always ready with a smile. In math, Caden takes beautiful notes and keeps his work organized. Caden's hard work and dedication makes him stand out as a Stellar Student. Another middle school kid, Caden. Now, high school. So Kaitlin Wathogoma, she couldn't be here tonight, but I'm going to read about her from the high school. Kaitlin is a young lady who exemplifies what it means to be a great student. She arrives with a smile on her face, ready to work each and every day. Kaitlin always participates, does her best and never with a complaint. She's a kind, caring person who treats everyone around her with respect. Her love of all things -- and this one gets to me -- Disney and Dan Fogelberg, which I thought was really interesting are infectious. Kaitlin has the ability to brighten the day of everyone she encounters. For those reasons I believe she is the perfect candidate for Stellar Student award. So give it for Kaitlin. And our last student from the high school is Grayson Pavia. Is Grayson here? Hey, there you go. This is from the teacher of course. I am choosing Grayson Pavia for this award because he always exemplifies kindness. He's an uplifting presence in our classroom and encourages others to do their best. His positivity is infectious and he truly embodies the Falcon way. And that's Grayson right there. Are you ready? All right, there they are. Stellar Students. Hey. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 12 of 119 Okay. Our first proclamation is for Constitution Week and the reason it came up -- you know what? Yes. You're going to come up from the DAR right? So come on up and let me give this to you and you hold it and I'll read the words. And then you can say a few words, okay? Is that good? BYRNE: Thank you. MAYOR DICKEY: All right. "Whereas, the Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a republic dedicated to rule by law; and "Whereas, September 17, 2023, marks the 2036th anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and "Whereas, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate it; and "Whereas, public law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17th through the 23rd, as Constitution Week. "So, therefore, I Ginny Dickey by virtue of the authority vested in me as Mayor, do proclaim the week of September 17 through 23rd as Constitution Week and ask our citizens to reaffirm the ideals of the framers of the Constitution that they had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties." Thank you so much. And would you like to say a few words? There you go. BYRNE: I just want to thank you Mayor Dickie, for once again helping us to honor Constitution Week by reading the proclamation. And I also wanted to make a quick shoutout to Dr. Jay, because he wanted a copy of the Constitution for every classroom and I'm proud to say that our Four Peaks chapter helped make that happen this year. MAYOR DICKEY: Thank you. Thank you so much. Appreciate it. And she's a Regent from the Four Peaks chapter, I forgot to say that earlier. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 13 of 119 Our next proclamation is the National Hispanic Heritage Month. So come on up here, Mr. Melendez. Former council person, council to El Salvador. All kinds of accolades and honor. So I will read this and ask you if you'd like to say a few words, okay? MELENDEZ: Thank you. MAYOR DICKEY: So "Whereas, each year, the United States observes National Hispanic Heritage Month by celebrating the culture, heritage, and countless contributions of those whose ancestors were indigenous to North America, as well as those who came from Spain, Mexico, the Caribbean, Central America, and South America". I'm going to have you do that because I have it in big writing here. "Whereas, what began in 1968 as Hispanic Heritage Week under President Johnson was expanded by President Reagan in 1988 to cover a 30-day period starting on September 15th and ending on October 15th; and "Whereas, this year's theme: 'Latinos: Driving Prosperity, Power, and Progress in America', invites us to celebrate Hispanic Heritage by recognizing the significant strides of Hispanics in the economical, political, and social growth of the United States and encourages us to reflect on all the contributions Hispanics have made in the past and will continue to make in the future; and "Whereas, many Hispanics serve as government employees/public servants, civil rights leaders, and community organizers, politicians, soldiers, educators, journalists, first responders, pioneers in art and science, health care professionals, athletes, inventors, entertainers, and so much more; and "Whereas, Hispanics continue their rich history of significant and diverse contributions to the cultural, educational, economic, and political vitality of our town, our county, and our state". So now, therefore, the Town of Fountain Hills Arizona proclaims September 15th through October 15th, 2023, Hispanic Heritage Month and encourages all residents to honor the rich diversity of the Hispanic community and celebrate the many ways they contribute to our nation and society. Let's give him a hand. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 14 of 119 MELENDEZ: Thank you, Mayor Dickie, Vice Mayor Grzybowski, councilmembers, town manager, and staff. I sure I've met some of you. I'm here as a 34 year resident of Fountain Hills, who served in this town council from 20 years ago; 23 years ago. And I'm acting tonight as the ambassador of the Diplomatic Corps of Arizona, an organization comprised of 40 nations and I'd like to take this moment of diplomatic privilege to introduce two of our consuls. Consul of the Netherlands, Mr. Siva Benkersee (ph.). And the consul of Norway, there he is. Thank you, Mayor. You know, I accept this with great humility and pride because I represent 2.7 million Hispanics who live in the State of Arizona, and 19 percent in the country of the United States of America, the greatest country in the world. I want to talk about a specific person who was a Mexican immigrant who came here, became a citizen, fought for our country, as a great boxer. He went to NAU, got his degree. Then he came down to University of Arizona where he earned his law degree. He was the only Hispanic governor that the State of Arizona has had. I met him. I worked with him in my home country of El Salvador. He was a real deal. He performed gallantly. He was appointed by President Lyndon Johnson to be the ambassador of my home country of El Salvador and I want to salute him. He dedicated his life to Arizona. He took no prisoners. He was burned and he brought civility to this state. So with that, I accept this and I'd like to tell the story of why I'm here today. Today, 40 years ago, I was in my office in Los Angeles and my secretary said to me, sir, the White House is on the line. And I said to her, Michelle (ph.), please I'm in a big meeting, don't bother me. So she closed the door and she knocked again about two minutes afterwards. And she said, sir, the White House insists they talk to you. So I picked up the phone and a voice came, by the name Ed Meese who was called Chief of Staff for President Reagan and he said, you've been selected in honor to be decorated at the Oval Office with 19 other Hispanic leaders. And I said, why me? And he said because of what you've done through their foundation, the ARCO Foundation. He was very generous with me. I worked with the Speaker of the House, in those days Willie TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 15 of 119 Brown and then, the assembly member of that L. A. District, Maxine Waters, who's in Congress now and we put together the Martin Luther King Museum, Chicanos por la Causa and we worked very, very diligently with the support of Oracle, my company, to build the Hispanic community and the indigenous people of the State of California and Arizona. So I feel today is a privilege to accept, as this day as you can see in the picture there is a day that I got decorated in the Oval Office by President Reagan. I was the last one, including Cesar Chavez, who was an activist and a great leader for the Hispanic community in California. So I was the last one and then the President said, oh, the secret service says you got four minutes. And there were two of them and sit down don't extend your hand to the President unless he does it. So I was very nervous. I was 44 years old. And here comes President Reagan. He not only extended his hand, but he grabbed my arm and told me sit down. Well, I spent nine minutes with him and the secret service were going like this. And the last fellow on the right is -- out of the 20 of us, only three of us are alive. Col. Zapanta was a Green Beret colonel, silver star hero in Vietnam. And he just left as mayor of the City of Irving, Texas. So I always kidded him. I said, you know, Al, the reason you didn't get killed in Vietnam is because you were too small and the bullets flew over you. But anyway, that's what I like to do. And then I like to take a personal privilege to address the council. Councilmembers, I served in the dais behind you. I don't come often to speak. I served with four mayors, great people. I did the eulogies for all four of them and I was very proud to do that because their families asked me. However, I want to say something to you that may be a little harsh. You may not like it. But nevertheless, I'm known for telling it the way it is. The way that the council has acted in the past is disrespectful to the community, disrespectful to the council. I don't come to your meetings, but I heard there's a lack of civility. And then you have the audience who stand up and scream and yell. You know, all we did when I was in the council member, I called the sheriff and we escorted those people TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 16 of 119 out. So I'm asking you politely and respectfully, show some leadership. Show some word that ends with the word respect and keep doing what you're doing. Serve us. Thank you, Mayor. MAYOR DICKEY: Thank you. We do. We definitely do that. Thank you very much. Our next item is our presentation and we are going to start with the presentation from the school district superintendent, Dr. Cain Jagodzinski. And then we'll do one on water management and conservation efforts. So welcome Superintendent and thank you for coming. JAGODZINSKI: Well, Mayor and members of the council and guests. Thanks for having me. Tonight I'm here. I was asked to come speak a little bit about just where we're at as a district. A little kind of a state of where the district's at and I'm here to do so. So I'll take any questions you have afterward. As you can see first off, we've had a lot of change and it started with our logo. So we've had a lot of change and we're very excited about our new Falcon. It graces our new field which I'll talk about here in a little bit. But it's kind of a new branding for us and the kids and the community have been very excited about that. So thank you for having me. For those of you who don't know me, I'm Dr. J, superintendent of the district. I've lived in town here for 20 years. Served as the basketball coach, teacher, principal, and I have three kids in the district myself. All three are in high school. And time flies. So it goes fast. First of all, what I want to kind of talk about first of all is just how proud I am of my staff. One of the things that was really important when I came onboard a year ago was retention of staff. We had great retention when I was principal, when we did our A-Plus school of excellence application in 2019/2020 school year, we were at about 97 percent retention rate at the high school. And we're really proud of that because that's where you get growth. Is you have to have the same people coming back and building upon, being one percent better every day and continuing that growth. And the couple of years I was gone, I was gone for two years from '20 to '22 we did TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 17 of 119 have a lot of turnover. And it was something that needed to be addressed right away and I'm happy to share that this past year we had 90 percent of our employees come back for this school year and that's great. Because that is where we get out growth. I also want to share that we have 118 of our employees live in our community. Which is amazing. And I was thinking about like that number seems high. And I started walking around, I'm like lives here, lives here, lives here. And I've been here for a long time and I know the people. So we're proud of that. And we have 12 alumni who now work for the school district as well, coming back to serve their community. Which is awesome. We've worked really hard on retention and this is our staff picnic we did earlier in the year. The Rotary and the Kiwanis group came together to make this happen, with other sponsors in town that came forward. So it cost us nothing but it's now an annual tradition. And it was kind of to cap off just a really good year of bringing things, old traditions back the way we do things. We had a volleyball tournament, we had great food prepared for us, which was awesome. We had shirts donated and it capped off with a volleyball tournament which was really too. We had six teams and next year we're thinking it will grow even further. So I think that's a lot of the reason why we've had some retention is we've tried to really work hard on making this the best place to work. Also, we are starting a senior internship program this year. This is something that I've wanted to do for a while and who better than to go to the person who gets more things done in town than Betsy LaVoie. I sit with her on the Chamber of Commerce Board and I called her up and said what do you think? And she just ran with it. Which is awesome. And we got the Verne C. Johnson Foundation, long time donor, Dwight Johnson's family decided to put some money towards this and we're able to hire somebody through the Chamber to help Principal Hardman and the team do that. So this year, we have roughly 145 seniors that are going to be out in our community doing an internship. Some are doing it through EVIT and some are doing it through the Chamber of Commerce. So we're really excited. This is our first year. But the hope is that we're planting seeds for the future for more of our students to come back and live TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 18 of 119 here, raise a family, and hopefully work in our community, start a business. Which is great. You can see our partnerships that we work really hard with. These are the groups that really come together and make things happen for us. So we're very proud of our relationship with our community. Working hard on that every day. So as a district, as you know, we consolidated over the summer and it was a lot of work. But in the end we now have our four campuses basically. We have Little Falcons Preschool. McDowell Mountain has moved over to the old middle school. Fountain Hills Middle School returned to the old old middle school and Fountain Hills High School has remained in the same spot. So the feedback I received from my student advisory board, from students that I speak to, I walk the campuses daily, and the feedback I've got from the kids is they really like the changes. They're really excited about what we're doing with, especially, the middle school. They like having a six to eight middle school and not being kind of elementary/middle school. They really like the six/eight model. We created a portrait of a graduate this year doing lots of feedback from our parents, our students, our staff and we basically are saying to our families that coming through Fountain Hills School District, you're going to walk out with these six skills that we believe are 21st century skills. They're going to help you to be successful in whatever career you want to go in, whether it's starting your own business, working for a corporation, and even just in your own life as a family; these are things that you need to have. So we narrowed this down from a list, down to leadership, critical thinking, communication, responsibility, being self- and goal-directed, and problem-solving. But then weaved through this are some of the other ones that are really important that just didn't, maybe, make the top six and you can see some of those in there and one of them in there that was real close to the top was fiscal responsibility. And that was great. And so we put that in there as well. And this culminates now, after years and years of working on these skills, this will culminate with that senior internship where they go out and actually use these skills to make connections and be successful in their internship. So I'm going to run through some of the changes in each school. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 19 of 119 Little Falcons Preschool, had tremendous growth over the summer. We continue to get new students as they become of age. So right now a lot of what we're getting are three- year-olds that are two turning three. We have a list of kids that are waiting for their birthday to get started and we have one of the most experienced veteran caring staff in the state and I'm very proud of their work. One of our teachers has been there for 32 years, working in our school. Which is amazing. This is a partnership with the PTO. This is kind of the messy room area of the preschool and they made it into a town square and you can see they have little covering over the windows. They have little street signs. A little park type of thing. They even have clouds up in their to imagine a little bit and this is done through, again, our really strong partnership with our community. Throughout this past year, between donations, we're getting about 600,000 on donations, plus you throw in a couple of grants that we were able to get this year and we're getting close to about a million dollars in the past year that we're able to save by working through those different partnerships. And I also want to thank our town manager because she shared one with me, the tourism grant. Which ended up leading to us getting a new gym floor at the middle school. So we're always looking for help and we're always looking for opportunities to help our community. So Little Falcons, this is Ms. Matus' room and like I said, she's been there for 32 years. It's such an awesome place. If you ever need a little pick me up, go to our Little Falcons Preschool, it will make your life a lot better I promise. They have a new playground coming here next month and we're going to be revising the grass area out there as well. So some additional features coming to Little Falcons. McDowell Mountain has moved to the old middle school campus which was built in 2002. And it is -- we put most of our savings money into this site. And we believe it's turned out really, really well. We still have some things that are coming in. But this is our outdoor classroom space and you can see the kids, they love the chairs. They love being outside. This is earlier in the year with a little break at recess. But now that the weather's getting better, teachers will be able to take their kids outside and white TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 20 of 119 boards and things like that they have available to them that they can go outside and do that. You can see how clean and pristine it looks after a lot of paint. That's how it turned out, but it turned out great. Now, all these bulletin boards are filled, all the hallways just look amazing. It still has a lot of potential, the school, and the work we did this summer has really helped. The elementary classrooms are bright. The teachers are extremely happy. They were a little nervous about moving because they don't throw anything away. But now that they went through years and years of stored materials they are happy. And if you're a teacher in the room you're probably laughing because you know that's true. I was the same way as a teacher. I never threw anything away. But the classrooms are bright. They have lots of desert landscapes they can see out from and the skylights make it even brighter and make it beautiful. So we're very happy. This is our new library that's coming. They'll be starting, I believe, next week with preliminary construction. And I just want to point out there's been some confusion on the planetarium. The planetarium was donated completely by two donors. The Peter and Theresa Conti Foundation donated $75,000 to the project and the PTO donated another 30, which covers the $105,000 for that project. So again, these donors in town, a lot of them I've known for a long time and they really believe in what we're trying to do and they want to see our kids have some things that really set us apart. So the library will be when it's all completed, I believe it will be the nicest library out there and it will attract a lot of families and students to it. And we'll have lots of family engagement nights as we get that completed. Next month we'll have the start of our playgrounds coming in and you can see this aerial shot of where they're going in the courtyard. We'll have two originally that will be installed to start with and then we will build from there. But this will be the safest location on campus for our kids to play and it's right next to the cafeteria, right next to the gym, and right next to the outdoor classroom space. So there are four bathrooms right there in the area for the kids when they're outside playing. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 21 of 119 Fountain Hills Middle School has moved back to its original location and we're very happy with the outcome of that. All this painting was done in combination. The hallways originally, we had some original work done on those and then we had our big community paint day and a lot of you were here and we appreciate that. And that helped us a lot by getting those classrooms done. And then we had a local parent, Heather Atkins, come in and paint here and here to give these accent walls. Plus she did all the trim down the hallways. And it is absolutely amazing what she was able to do. Todd Harris, who was the president of the Rotary at the time and is now still giving lot of ideas although he's no longer president. But he's still out there. He's been painting nonstop since the summer. He's still there painting. I'm not kidding you. He's still there. He did every trim of every door. He did all the handles. He has been non-stop on this project and has been fantastic. All the volunteer work that we've had to get this done. So the new middle school, the kids love it. We added a new honors and gifted program. I thought that was something that was missing from our curriculum and I think that's one of the reasons we lost students in the past is not having that high-level program. So we have Innovate 21 and we took amazing teachers we had in the district and we put them in a -- it's a self-contained class for three periods a day. So they have the same teachers for English, social studies, and science. And they work collaboratively doing project-based work and at a high, high level to connect history and English and science in their projects and what they're learning. They go out for math but because a lot of them are really high level students, they're all the same kids in their math class again. But then they go out for two electives. And those electives now change every trimester so that they get a lot of different opportunities for electives. We also have virtual reality at the high school and middle school. And this is something I did as principal back in 2019, and we're rebooting that system, those programs and getting them back up and running and it's one of the few schools in the country that has a full Occulus Rift lab. Not just the portable ones. We have the full technology here to be able to do field trips, to be able to do science, to be able to do all kinds of STEM and TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 22 of 119 different types of opportunity. So this will be -- half of them will be at the middle school library and the other will be in the high school library. So they'll have both schools will hve an opportunity to do that. Our PTO also donated a multi-ball interactive -- this one's a little bit more of a play. There is some educational benefits to it. But this is to give our kids something to do at lunch and some of the downtime. And this was donated by our PTO and it is up and running. These are not our kids. This is from their website. But it works just like this. They have a lot of fun with this and we did something similar at the elementary school. But the elementary school one, and I've only played the multi-ball a few times but really the idea behind this was to give the kids really something to do at lunch and in those down times. At the elementary school, the one we put in their has some play stuff like that as well, but it also has math facts and spelling and different types of educational games. So both of them can do education and some fun. And then lastly, high school. Probably one of the things I'm most proud of ever in my educational career is finding a way to get this done and we got it done and I'm so thankful to our community for coming together to do this. We ended up getting about 400 -- and again, im just giving estimates. About $470,000 in donations between the field and the scoreboard. And you can see the new scoreboard that's now up. Digital four-foot falcon at the top. It's pretty awesome what we've been able to do and the district's contribution was originally around 100,000 but then, because they were late and I went all the way to the senior vice president of the company, I got another $45,000 discount for them being late. So yeah. Thank you. Lastly, with the high school. We have some signature programs there that I believe helped drive our enrolment, help keep our kids. So we have AVID, which is a career -- sorry, a college prep program to help students who maybe have never had that opportunity. Never thought that college was an option for them, to get those extra skills and those -- all the things that they need to be prepared to on to college, then be successful. There's a high, high number of students who fail out their first year or TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 23 of 119 college and AVID is put into place to help kids be prepared so that they can meet those demands and meet those needs and be prepared for them. I was the first in my family to ever go to college. Knowing my family it was not important. It was not something you were supposed to do. I chose to go a different path and it was hard. My parents didn't understand how hard college can be and didn't think I'd make it and ended up with a nine-year degree. So you just never know. But this program is really, I think, it's an important one. Our football coach, Pete Schermerhorn is now teaching that. He has 30 years of experience and from what I know of the program, what I've seen, he's done a great job building that back up. AP Capstone is one of our signature programs. It's the highest level of academic programing that we have. Seniors and juniors who take this program, it's a two-year study over those two years. They will go through a lot of college writing. They have to be able to cite at a high level, they have to defend their arguments, they have to do a full year research project, a thesis paper and they have to have that approved by the school. It goes through the IRB process, just like a doctorate dissertation does. We had partnered with ASU when I brought this program in. The kids who have finished that have had amazing results. And are off doing amazing things. AP Capstone culminates with -- you have to have six AP classes, you have to pass all six exams, and then you have to write the paper, defend it to faculty, and if you do all that, you get our highest distinction diploma and you get one from the college board which looks great on a application or resume for university. And then lastly, EVIT. I'm an EVIT parent. My son's in the fire signs program, year 2. And he is one that has never liked school and it's been hard for my wife, being a principal and me being a superintendent, but EVIT has changed his life and saved his life. I can honestly say that. He loves going to school. He has learned respect. He's learned the way of the firefighter. He has learned that he better have one good meal he can cook or he's out. That was really important to them. I'm joking. But they did say that at the parent night. But he's learning about seniority and respect and those types of things that are so TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 24 of 119 important and there's nothing I can be more proud of as a parent if he becomes a first responder. So I'm very hopeful he does that. He says he is. He loves it and that's going to be his future. So EVIT, as the Mayor shared, we did a tour. I was blown away. Just again, I see it every year but even in the last year they added a million dollar manikin in their health room that actually talks, tells you what's wrong, and actually gives birth. So that -- I was blown away by this. To help for the maternity ward students. And gets them ready for real-world life stuff. I was completely born away by it. It was next level. So with our projects at the high school, we've shifted all of our attention to the high school now. And we have our new gym hallway bathrooms are coming so if you come to a game you're going to see an upgraded bathroom there very soon. Long, long, long overdue. But those are coming in the next week or so. We're going to be doing hallway paint. We're going to be starting that over October break. We have the weight room. We had a donor here in town who's been working to help with the weight room. So we have the weight room being revised again. Small gym floor replacement is coming. And we're finalizing the library as we speak right now. And it is going to serve as a media center and our new Esports arena because we joined the AIA Sports. So now you can win a state title for being really good at video games and we will have that team this year and Coach Keating, former student and used to come to my basketball camps when he was in first grade. He is now running the Esports program. So with that, that's where we're at and I'll take cany questions you have. MAYOR DICKEY: Thank you, Dr. J. Any comments or questions from the council? Yes, ma'am? MCMAHON: Thank you, Dr. J. That was really a great presentation. And I was at the ribbon cutting for the Falcon Field and it was amazing. It was an amazing achievement raised with private funds. And it really is nice to know that our student athletes are playing on a safe field. JAGODZINSKI: Well, I'm going to tell you. I went down for the first practice and they were literally rolling on the grass and jumping on it. And they were like in elementary TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 25 of 119 school. It brought tears to my eyes. And having a senior on the team, it was awesome to see. So thank you. MCMAHON: Thank you. Also with your history with the town, and as superintendent, I have a couple of comments or questions to make that you can address. JAGODZINSKI: Sure. MCMAHON: Do you think or believe that our excellent schools are one of the most important factors in a successful community? JAGODZINSKI: I do. And I want to say that up until really the pandemic, we had two of the highest rated schools in the state. Fountain Hills High School was 2018 of all comprehensive public high schools, and I'm talking about the high schools that take everybody who walks in the door. We were number two in the state, number four in 19. We got our letter grades, we got our A-plus. Our elementary school is getting results based funding from Governor Ducey's program that rewarded the highest ranked schools in the state. And so those things were going well. And now, we've had a setback with the pandemic. We've had a setback with turnover. We've had a little setback with leadership. And we're trying to build that back. And I think that the numbers that I saw out of our high school last year, they grew in every category of the ACT last year. Ninth graders had 17 percent growth on the ACT Spire. So I'm pretty confident that we will get it back where it was. And I believe that that leads to a thriving community. I always said the school should be the center of our community for sure. MCMAHON: Thank you. JAGODZINSKI: Yep. MCMAHON: And in that regard, do you think Fountain Hills Unified School District plays an integral role in the strength and vitality of the town and its families and enhances the business community, especially since it's the largest employer in town? JAGODZINSKI: I do. And I started with that just showing how many -- how proud we are of being able to offer employment to so many people in our community. And when you work in your community, there's also a sense of pride right? When you hire back TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 26 of 119 alumni, there are people who want their community to be successful, it helps. I can tell you I love being close to home. It's nice. The commute is great. It's like 30 seconds. But I can tell you that overall, yes, I believe that having our presence as employer in town is -- with 118 people in town, I think makes an impact on our community. I think the internship, you're going to see -- MCMAHON: Yeah. JAGODZINSKI: -- I want our community to see our high school seniors. See how nice and kind and awesome they are to our community. So yes. MCMAHON: And your presentation to me also demonstrated that the district supports and improves the welfare of our families and children with their education and our schools of excellence. And I do think that what you're doing is attracting more families with school children to move into our communities. So thank you. And also, with the Stellar Students, I enjoyed that partnership. And I always sit up here and watch the kids come up and they're so excited with their parents. And I wanted to ask you what positive impact do you receive from the families of the kids who serve on the Mayor's teen council and also the parents of the Stellar Students that are recognized? JAGODZINSKI: Well, I try to get here as much as I can for Stellar Students. MCMAHON: Right. JAGODZINSKI: I was a part of it when the Mayor brought it and I thought it was a great idea. I usually meet them out in the lobby and talk to them and they're so proud, the parents, obviously. I mean, it's great when you get a positive phone call home and I try to tell our teachers that all the time, call home with positive things. There's nothing better a parent gets than your kid did something awesome. Because we tend to only call when it's bad, right? MCMAHON: Right. JAGODZINSKI: And so we're trying to change that idea -- MCMAHON: Right. JAGODZINSKI: -- of let's get a call when we're home. Yes, but I think the kids do feel TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 27 of 119 supported and like I said, I have an advisory board myself. Student voice is really important to me and we take their feedback and we really run with it. That's why we have a swim team. I'll tell you that came out of advisory board. MCMAHON: Wow. JAGODZINSKI: And I made them present to the board. The board approved it and now we have a thriving swim team. So that's just one of many examples of their ability to make change as students. Yes. MCMAHON: Well, thank you. And I appreciate that this particular recognition shows that we, as a town, are interconnected with the Fountain Hills Unified School District. And have a strong interest in the support of our children's welfare and excellent education. So again, I would like to thank you and thank you for reaching out to the Chamber to cement that partnership. And for your input in showing that the school district and the Town of Fountain Hills is intertwined for the betterment of our community and serves all the same constituents in accord with our town current and future objectives for our community. And again, thank you very much for all of your contributions. JAGODZINSKI: Thank you. MAYOR DICKEY: Thank you. JAGODZINSKI: Any other questions? MAYOR DICKEY: I'm sorry? JAGODZINSKI: Any other questions? GRZYBOWSKI: I actually don't have questions. MAYOR DICKEY: Go head, vice mayor. GRZYBOWSKI: First of all, how do I get the Stellar Students to stay? Every month I try. These people are tired of hearing me try every month. JAGODZINSKI: I brought the ice cream truck afterward. GRZYBOWSKI: All right. We'll work on that. I did want to say that I talk to a lot of parents that are so excited that you're here. The comments that I get about the system, about the classes, just all comments are so TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 28 of 119 positive in the past couple of years since you've been back, I just -- I cannot tell you how much we appreciate having you being here because everybody loves it. Also I kind of feel like my parents looked at my school and went well, you've got a really cool school. So I know I'm going to sound really old when I say this, but wow, you have a really cool school. And I just challenged a Councilwoman Toth to come to the school and play the ballgame and do you like hit the fish or something? JAGODZINSKI: I heard she's a good softball player, though. GRZYBOWSKI: Yeah, I know. She is. JAGODZINSKI: She might -- yeah. GRZYBOWSKI: So I'm just taken back how cool it is now and the projects that you're looking at doing and I kind of feel like I want to call my parents and go, you don't know anything about a cool school. JAGODZINSKI: Well, I appreciate it. It's my team. My team has done a great job. I'm very blessed to have such a great team. And they all came back, which helps a lot because I didn't have to go find anybody this summer for administration. So it's a work in progress and we do appreciate that. You know last year I invited all of you to come visit and I'm going to do that. That's a annual thing, so you'll be getting an invite soon to come back. And we had a good visit when you guys came last time and I'll show you around the campus and I'll probably wait until at least the playgrounds are in because I think you're going to want to see how great that is for the kids. But thank you. Yep. MAYOR DICKEY: Thank you very much. So I have a kind of -- well, first of all, this is homecoming week, right? JAGODZINSKI: Yeah. The parade's tomorrow. Football game is Gilbert Christian this Friday. MAYOR DICKEY: The home game? JAGODZINSKI: Thursday. Sorry, yes. I've been hearing about that from my son all week. I should know that. Thursday. And then we have the dance on Saturday. MAYOR DICKEY: Nice. Well, you know I have a 1998 graduate, a 2002 graduate, and a 2007 graduate who you taught -- TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 29 of 119 JAGODZINSKI: Yeah. MAYOR DICKEY: -- social studies to. JAGODZINSKI: Yeah. MAYOR DICKEY: And just an interesting benefit to my family from this school district is that the one that graduated in '98, so he's 42. The other one is going to be 40 this month. And then, Frank just turned 35. JAGODZINSKI: That's impossible because I'm only 30. So -- I'm kidding. MAYOR DICKEY: Wow. JAGODZINSKI: I'm kidding. I'm getting old. MAYOR DICKEY: But when they were all at Four Peaks School -- JAGODZINSKI: Yeah. MAYOR DICKEY: And Joanne Meehan was the principal and Michael skipped second grade which put him in Jessie's (ph.) class. And now he teaches at Syracuse. He's a professor. He has his Ph.D. from Wharton and I have three grandchildren because she let him skip second grade, so I'm very, very -- a big fan of Fountain Hills district. JAGODZINSKI: Thank you. MAYOR DICKEY: So we talked about what the town has to do with the schools and I'm actually a member of the statewide Mayor's educational roundtable which is exactly devoted to that concept. And again, I'm a 40-year resident and former school board member and volunteering for decades. And so I understand how schools and communities are inextricably linked as Peggy had said. I had a resident say when we were talking about the role of the schools and say it's really impossible to articulate the many ways that we are connected in our community and with the school. So I decided to take that on as a challenge. So I'm going to mention some of the ways that we are very linked, not only just the whole community but the town council and the more mundane things about what we share. So first of all, we share the same -- this is not mundane --same constituency, same families, same taxpayers. We have our Maricopa County Service Department contract with the town, which include school resource officers which had for years. So when I was on the school TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 30 of 119 board we would ask the town to fund them and now in this way it's a pleasure to do that. Security and fire protection, the way the buildings are, they affect our officers that are there and all, obviously, who enter. Fountain Hills District is the largest single employer, we talked about that and now 118 of those live in Fountain Hills. Education is a major economic driver, we talk about that at GPEC all the time. Not only because we have daily transactional impacts but obviously it affects our property values and an attractor, as you said, for residents, particularly new families with school-aged kids. This districts maintains and operates a large fleet of vehicles. So there's busses, vans, cars, all housed in Fountain Hills, generating economic activity. Student success is measured in many ways. You talked about having A-plus schools. We have graduates that go on to two- and four-year universities. We have graduates that achieve military status and gain technical skills through EVIT as we talked about that and then they can enter the workforce and make very healthy salaries right off the bat. The district is one of the largest property owners in the community with eight locations. Nearly 500,000 square feet of buildings under roof and nearly as much with fields and playgrounds. And we have intergovernmental agreements with the school district that benefit all of our taxpayers because we share these resources and the facilities inside and out. If you think about it, schools are the largest gathering places, probably by far of our Fountain Hills residents and neighbors five days a week, 40 weeks a year, 1,200 kids but that doesn't even count extracurricular activities. You talked about the football games and all of those activities are entrusted to our police, our fire, our park staff. So again, a lot of interactivity. The schools partner with Fountain Hills sister cities. We have our sister cities commission. The student exchanges that enrich the lives and experiences for a lot of our nonprofits, our churches and our families in the community. My sister's there, she's had a lot of exchange students over the years. The town secured funding with ADOT and MAG for sidewalk infill and more and there's a program called Safe Routes to School. So obviously, the schools allow us to get those TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 31 of 119 grants and put that infrastructure in. We don't have a decision yet but we've been talking to the district about putting signage at the entrance to towns. You probably see that in other cities where they have like student athletes and such. The town partnered with the district to provide crosswalks. So we have crosswalks on Palisades Boulevard and on Fountain Hills Boulevard that was more recent. And when we did that, the schools went and distributed pamphlets that we had requested that regard bike safety, we noticed and the pedestrian and traffic safety committee, we talked about what side of the streets the bikes were supposed to be on and helmets and all that. And where you should drive and where you should walk. Town council meets jointly with the school board. Several of our council members attend school board meetings. I meet quarterly with Cain. I keep in touch with President Joe Reed, as I've done with her for many years. The town council serves as a conduit for Prop 202 funding that comes from Indian communities and goes to the schools and of course Fort McDowell kids come to our schools. And Stellar Students, no less than six leadership projects have to do with education. And again the internship which is an awesome program. So Stellar Students did come from class 2 of leadership. Tom, thank you. And partnering with and promoting excellent schools is a written part of our economic development plans, our strategic plan and our voter approved general plan. Clearly, we rely on each other for the community at large. Our students have gone on to contribute to the community, to the state, and to the county. Maybe one saved your life. Maybe a firefighter like someone I know. A police officer or a doctor. Every student in our public schools, whether there's 200, 1,200, or 12,000 deserves the opportunity to learn in a secure maintained environment with the tools and the instruction that's needed to succeed and thrive. So I want to thank you, Dr. J, and staff for supplying students with those opportunities and for preparing this informative presentation for us tonight. I really appreciate that. JAGODZINSKI: And we have alumni who set all this up for me tonight. I just want to throw that out to you. So -- MAYOR DICKEY: Well, thank you for that. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 32 of 119 JAGODZINSKI: -- he's in the back somewhere. MAYOR DICKEY: And I do see some teachers here. JAGODZINSKI: And I just want to close with, I'm just trying to fix our schools, make them the best they can be. And when I got the call to come back that was what it was about. We definitely had some rough times there and we're fixing it and we've come a long way. And I mean, a long way in a year and I think the only reason we really get so much done in so much time is because of just the connection with the people that I know and the teachers, the staff, the community. It's helped us to accelerate what we're doing and I would just say to anyone who has a question or concern or feels like something's not right, just come talk with me. My office is literally -- I have an open-door policy. I take people in all the time. I'll call you. I'll meet with you. I'll take you on a tour. All we're trying to do is make this the best place we can make for our kids and that's what we're here for. So with that, thank you. MAYOR DICKEY: One second. Do you -- SKILLICORN: Yeah, Madam Mayor. Superintendent, I actually do want to applaud you. In the past couple of years I've seen such an improvement in morale and it's very obvious and just thank you very much for that. Couple of quick questions. What's the current enrollment? JAGODZINSKI: Last time I checked, 1,175. SKILLICORN: Okay. So it's gone up in the last couple of weeks? JAGODZINSKI: We had 11 new enrollments in the last two weeks. We typically will get -- I think we'll finish above last year, personally. I can't promise that but just looking at how things went last year, and the fact that we have kids coming into preschool still, and typically we pick up kids throughout the year; that's pretty normal for us. In fact, I'll give you a quick example. When the seniors were in sixth grade they had a 112 kids. Over the time from 6th grade to 12th grade we lost like, 70 of them through whatever reason. But we finished at 150 or 145. We're like at 145 right now. So we get a lot of kids throughout the year. The key to enrolment is keeping the ones we have. So TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 33 of 119 that's why, if someone is left and they haven't moved to another state, I call them, I talk to them, and I ask them, hey, what's going on? What can we do to be better? But we started the year at 1,205 last year. I think we'll -- I, personally believe we'll surpass that by the end of the year. SKILLICORN: And what was enrollment this time last year? JAGODZINSKI: 1,205 to start. So I don't know on this exact date what it was but 1,205 to start. Yeah. SKILLICORN: Okay. Because when I look it up it was about five percent higher last year. JAGODZINSKI: It was -- the first day of school was 1,205. I've looked at -- I've used that number a million times and like I said, when we started the year, we had what is called ten-day drops. Kids who move and they don't tell us. And then after ten days they have to drop. So when that all occurred, then we hit about 1,175 and I, like I said, we're down -- we had 128 seniors leave. We had 55 kindergarteners come in, which is the same as last year. And we made up, of those 70, we made up around 45 of them already. So I think we'll make up the other 25 or 30 by the end of the year. SKILLICORN: Okay. Thank you. JAGODZINSKI: Yeah. No guarantees. I'm working hard. I mean, we'll see. But last year we started 1,205 and we had gains throughout the year. I think we ended at like 1,228 or something like that. So we'll keep working hard, okay. Any other questions? FRIEDEL: Just a couple of comments. JAGODZINSKI: Yeah. FRIEDEL: I was also at the ribbon cutting for the football field and it turned out fantastic. JAGODZINSKI: Thank you. FRIEDEL: So that's a great testimony to the district and the volunteers working together to get that done. And I've been to EVIT, that's fantastic too. But I do have one question. Todd Harris, does he paint homes too? JAGODZINSKI: He was afraid of putting people up that high. I mean, some of those halls TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 34 of 119 are like 18 feet. But I will tell him he needs to get on that next. He can do the high school ones himself. I'm kidding. all right. Thank you all and thank you for all your work you do for our community. MAYOR DICKEY: Thank you very much. JAGODZINSKI: If you need anything, just always reach out. Thank you. MAYOR DICKEY: Thank you. Thanks for that very important question. We have another presentation and I've been asking for this for a while. So I really appreciate this. Rachael, did you want to intro it? GOODWIN: Sure. That would be great. Yes, absolutely. We've been talking about this for a while. It was a kind of a hot topic over the summer. Obviously, water is a concern and an ongoing concern for those us here in Arizona. It's a big topic. But this specifically is about our efforts on a day-to-day level, what we do to make sure we're using our water responsibly and making choices moving forward to continue that. So Bo is going to lead us through some of these efforts. LARSEN: Thank you, Ms. Goodwin. Mayor and council, thank you very much. I want to give you a nice brief overview of how we conserve water. Which I believe we are one of the first in the country to go through, start this recycling program but I'd also like to challenge that we're one of the best in how we do it because of our partnerships and our ability -- good start, though. There we go. So anyway, to give you an idea. Fountain Hills started with recycled water. That was our lake. It holds about a million gallons of water, recycled water, and each night 330,000 gallons are used for recycling throughout the town. To give you an example. Some of the areas that use recycled water are some of our golf courses; not all of them, but some of them. Including Sunridge, Fire Rock, and Eagle Mountain as well. But it started with the Fountain Hills sanitary district back in 1969. And now you can see that there's kind of an original shot of what the fountain was like when it launched back in the day. And sure water wasn't being recycled on the dirt yet at that point. But you can tell we were living in a desert and CBS News even came out in 1972 to ask why is a town like Fountain Hills with a fountain in the middle of the desert? Well, I'll show you TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 35 of 119 some pictures to show that it was all worth it. But the Fountain Hills sanitary district covers approximately 12,000 acres and you can see they have a large expansive area that they cover and they're prepared for. The Fountain Hills sanitary district recycles 100 percent of all the wastewater that we use in this town. And that's amazing. And that is totally due to the technology that they use. They started out with a pretty simple plant but as the town grew and as technology advanced, they kept up with it. And the residents wanted that and that's what they were saving. In fact, on the right hand -- maybe the left hand picture that you're seeing, the right hand picture that I'm seeing. That is one of the most state of the art filtering systems in the country and we're really fortunate to have that here in town. The town itself, and this blows me away. 700 million gallons of wastewater we generate each year. I'm not sure what that means, I'm not going to read into that. But it means that we have a lot of water that we capture and it's highly treated and it is treated at such a level that's considered A-plus. Which, I'm not going to say drink it, but you could if you had to. So if you're out in the desert some place and you need water, you'll live for a while. All right? To give you an idea of some of the areas again that we recycle. We obviously recycle Fountain Park, Golden Eagle Park is classic example, including Desert Vista Park. I want to point out that Kevin snipes, that's his modeling finger; he's available after work. But one of the things that allows us to use water and manage it so smartly is the technology that the town's using. Besides the Fountain Hills sanitary district and all the technology they have, we also are bringing in incredible technology so we're not wasting water or overwatering as much as possible. One example is Kevin there is just programing in to turn on the fountain for that picture. Or turn on the sprinkler for that picture. That sprinkler as well is, if you notice, is not your typical back and forth like the old lawn type. It goers out in a circular motion so it hits the areas that need water and it hits it efficiently. So no water's being wasted. This is Joe down at the park. One of the things that allows us also to have a really strong watering system is the regular maintenance and replacement of irrigation. Some of TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 36 of 119 those irrigation systems have been around for a long time; since kind of the beginning of that park. They're getting rotated out and being updated. So that helps save water, help prevent leaks, and it's one of the things that is what Kevin and his team has worked diligently on and why our parks and ballfields are looking so much better all the time because of the work they're putting into it. To give you an idea also, we are in the process -- and maybe you've heard this of like Scottsdale, getting rid of front yards and stuff like that. We're in the process of removing grass in a few areas. And one of the reasons we do this because we may not have as much -- the ability to use recycled water in those areas, so it doesn't make sense to talk about our recycled water program when we're watering with potable water. The Fountain Hills Boulevard and Shea Boulevard isn't going to happen yet. It's waiting for a grant, according to Justin. But it is in the process and that's one of the goal is to replace that. And at Fountain Park, that big -- that dirt right there by the Splash Pad has always been an eyesore. But that is one of the areas designated through a CIP to build a patio and a better use area. But it also means removing about 8,000 square feet of irrigated grass. To give you an idea of some of the savings that this will create when it's all said and done just in these two areas: 1.9 million gallons of potable water will get down to about 167,000 gallons. And that's for the trees. We're not getting rid of all the trees. Some of the palm trees we may. But all the other trees are staying. The same as by the Splash Pad there. It saves almost a half million gallons of water, which is amazing. Also in our parks. The smart application of plants and how we plant things and irrigate things. You can see, making sure that we're targeting or using the best plants to meet the needs of the desert. I was talking to Justin about trees, and he's like, we water basically for the first two years, three years to make sure the trees are established. But after that, they may go down to nothing or they may go down to minimal because the trees is adapted to the desert and it's going to grow well. And so that's one of the things that the town is always looking out for: To make sure we have the right tree, in the right place, at the right time. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 37 of 119 You can see where we do some of our watering and what I just mentioned about trees are not watered once established. But shrubs and plants are obviously irrigated to keep beautiful. We also encourage, and it's actually through one of our ordinances, encourage residents to the type of plants they use. Low water use plants as well as other plants to conserve water the best as possible and encourage people not to do things that would waste water in our town. Now the Rotary Splash Pad uses an awful lot of water. However, it's water that we capture and reuse. Now, this is not recycled water. I want mothers to know this out there. This is actually potable water that's recycled through the chlorination system. So it's perfectly good to use. It's probably cleaner than my pool, I'd say that. And I found this really kind of neat. If you know the Panorama storm drain project, it was just completed this past year. And one of the things that I found interesting is that we're able now to capture all the spring water that seeps into the pipes as well as other that just come up through the groundwater that the pipe is gathering. We're closing in on a billion gallons of water collected already to being pumped back into Fountain Lake, and that's good spring water. As well as the water that is -- you can see the pump there, the new pump. And that's going to be improved, so that number is going to go up substantially over the next year. I think, as I understand it, we're only about half of what it could do right now. But that's nearly 80 million gallons of water collected and put back into the Fountain Lake. That's a lot. And I did the math, 150 gallons a minute, so it adds up. What's also very cool that Justin set up, it's estimated that 200 / 300,000 gallons from that pump is put into those big water tanks for construction jobs and stuff. Construction teams have to, or we request, they use this water for mitigation of the dust. And I found that really cool and so we're using the water for many, many purposes and making sure that it gets the most value out of that water. The recycled as well as what we're reclaiming out of the stream. Other areas where we do it. This is over the community center project that was just completed last year. Low water or no water uses as well. Which is modern technology TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 38 of 119 that's being used everywhere in new construction projects. I just want to thank our partners and the town wants to thank our partners, Fountain Hills sanitary district and EPCOR for all the work that they're doing. EPCOR has presented here before and they'll probably be back soon to talk about all the water that we have available for Fountain Hills. We're very fortunate that we have such a smart company we work with in EPCOR to give us that water. But we're also really blessed to have a Fountain Hills sanitary district who gets us, gets the needs of this town, and is achieving it. So again, I want to thank the Fountain Hills sanitary district for -- and Dana for all the content input and that's all I have. MAYOR DICKEY: Thank you. FRIEDEL: I don't know who this question will be better directed to. So we have all that water that we're pumping -- that spring water we're dumping that into the lake and then we're watering our trees and grass with that mixture of sodium water that is actually killing some of our vegetation around the lake. Why don't we take that water from that spring and pump that into a storage facility that we can take and water our trees with potable water? LARSEN: I know that's been -- Mayor and Councilmember Friedel, I know that's been discussed in previous conversations. And I'd like to invite Justin up if he wants, as I get the eye. But I think it's just a matter of the funding for that type of storage. WELDY: Thank you. Madam Mayor, Councilmember. That spring water pump or surface water pump that we use, simply does not generate enough water on a daily average to provide what is needed for Fountain Park. By putting it into Fountain Lake we are certainly offsetting and improving the quality of water there. And as we make improvements to it and we increase the volume by twice as much, we can certainly look at that. Kevin and I have discussed tying it into the system. It's a little bit challenging and requires some additional pumps, but we are certainly looking into it. FRIEDEL: Thank you. Thanks, Justin. MAYOR DICKEY: Councilwoman? TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 39 of 119 TOTH: Speaking of the quality of water at Fountain Park, this seems like a really good moment for a PSA; if you don't mind, Mayor? The water softeners that a lot of us use, if you're using a sodium one, we don't have desal and the sanitary district, as wonderful as their facilities are, that is extremely expensive. And so if you're using the salt kind, please, please, please consider using the extra couple of dollars to switch to potassium to help the quality of water at our Fountain Park. That bald spot that we're covering up with the new project, that's from all the salt buildup at Fountain Park. So that brown spots you see in grass, any of that is coming from salt. So just a PSA. If you're using a water softener, please switch to potassium, it's good for our fountain, it's good for our town, it's good for our grass. You'll get me off your back too. LARSEN: Thank you. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Thank you for your presentation, Bo. Very thoughtful and really appreciate it. I'd like to support what Hannah just said because I was going to say the very same thing. Again, this is kind of a PSA but the soft water machines that we're using to soften our water in our homes, is slowly killing our lake. And that lake has got a lot of fish and wildlife that drinks out of there and we're literally poisoning one of our greatest assets and resources. And so I just want people to know that that the sodium, peroxide, or whatever, and the Kinetico's got nonsalt-based systems too, so I would recommend people use that. And then the other thing, in speaking of EPCOR, fortunately we hear a lot about water conservation and water problems throughout the state but Fountain Hills is in the capital of our state, we've got 1:00year water supply and we don't have any anticipated shortcomings in the future. I just want to let people know. LARSEN: Thank you, Madam Mayor and councilmember. Both councilmembers. That is the number one story I generally generate working with the Fountain Hills sanitary district that I put out in the Insider; talking about that issue specifically. Because my TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 40 of 119 numbers are going to be wrong here but I'll be close. What should be about 250 parts per million are over 600 parts per million of the salts, and it is slowly killing the lake, and it's just one of the issues. And that's one of the wonderful things about being able to pump so much water back into the lake as well. It helps stir it up a little bit more, get a little fresher water in there. It takes time. I mean, that's not a large firehose that's going in there, but it does make a difference. MAYOR DICKEY: Thank you. I want to thank you for putting this together and doing the article in the Insider because again, we do hear about it so much and with Rio Verde and all that was going on. So thank you for mentioning the SRP and the cap water and EPCOR, has really done a good job keeping us informed and they will come again. We have water that's stored. We have pay-per-storage, we have real water, we have wells; which is great for us. We don't ever want to stop being diligent though about being aware of what we use and I really think that we all keep that in mind. I think, vice mayor, you were, for a while on a subcommittee that was kind of looking at, with the sanitary district, with some of that sodium. Was there any progress? GRZYBOWSKI: I think the hope was that we could somehow magically afford to help people switch from the sodium to the potassium. But the money that would be involved to do it, the sanitary district doesn't have it and we don't have that kind of thing in our budget. So the big thing that we came up with was do everything we can -- sorry, Bo -- to communicate it as much as possible between the sanitary district and their I think, it's quarterly newsletters, and then our Insiders, and Bo's really good about putting it on social media. But unfortunately, and till, unless we have the funds behind helping -- whether it be Ace purchased in a bigger bulk kind of things, so it would be less expensive or helping our residents get some sort of certificate so that it's less expensive, it is hard to get the message out there. One of the things that wasn't mentioned by the two previous councilwomen is when we switch from salt to potassium, after I did my Leadership Academy and also went through the same thing you guys went through, you do actually change it -- or not change it. You TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 41 of 119 do actually, add to it less often than we did when it was salt. The sodium actually does dissipate faster than the potassium does. So it was less frequent. It cost you a little bit more money but it's less frequent and it truly is better for the environment. And I got to say, Kevin kicked butt when he came in and he spent a lot of time studying how can I overcome the salt that's in the water that I'm using to water the parks. I won't bore you with what he did. Let's just say he waters more to help push the salt to the side so that he can actually get it to hit the plants. But yeah, until we have funding for it, it's just begging people to try to switch. MAYOR DICKEY: Well, thank you. Maybe at some point we can do that. Know how many are out there and if it's like some sort of a voucher or something. But yeah, it's a toughie. One thing I just want to mention because Rachael had said this to me and we do want to remove turf and to conserve water. At the same time I know people think about heat islands and wanting shade. So I think we're well-aware of that addition going to be moving ahead in ways that will take all of that into account, right? Okay? Any other comments or questions? Thank you, Bo. Really appreciate it. GRZYBOWSKI: Thank you, Bo. SKILLICORN: Madam Mayor? MAYOR DICKEY: Everybody okay? So I was just going to ask if you -- sorry. For those that are waiting, we're going to take a little break. So everybody can get a drink and do what they need to do. And just so that you know we're going to switch two of the items. Well, when we get there I'll let you know, they're on the regular agenda. But we'll do the consent agenda first. Thank you. CLERK’S NOTE: Town Council recessed at 7:08 pm. And reconvened the meeting at 7:18 p.m. MAYOR DICKEY: Thank you all for indulging our break. Our next item is our call to the public. And I'm sure we have some speaker cards over there, Linda? MENDENHALL: Yes, we do. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 42 of 119 MAYOR DICKEY: Okay. Thank you. MENDENHALL: Yes, we do. What we're going to do is, you have a packet. We'll go through them first. And first one is Sherri James and she is for item 6A. Then she also had one in for 9A, but she has her actual comments on the first comment card for 9A. So I thought it was good to point both them out. Don Scott -- MAYOR DICKEY: Sorry. So you'll just say the name and the position? MENDENHALL: Yes. MAYOR DICKEY: Okay. MENDENHALL: And then Don Scott is for 6A and 9A. Mike Scharnow is for 9A. Vanessa Davisson is for 9A. Kathy Schanus-Gohl is for 9A. KALIVIANAKIS: Ms. Mayor, may I make a point of order? Why are we taking public comment on something that was removed from the agenda? MAYOR DICKEY: We decided that it was in the interest of transparency that -- this item was removed so quickly. I mean, so short before the meeting that we're not reading comments but they deserve to have their names and their positions known. KALIVIANAKIS: But it has been withdrawn, correct? MAYOR DICKEY: Pardon me? KALIVIANAKIS: That item was withdrawn, correct? MAYOR DICKEY: Yes. But we feel that we -- they deserve the right to be heard. KALIVIANAKIS: On an item that's not on our agenda? I don't think that's logical but whatever. Point made. MAYOR DICKEY: Thank you. MENDENHALL: Richard Gohl is for 9A. Kathleen Butler was for -- I'll just say for the bond. Nancy Rymer is for the bond. Rory Wilson is for the bond. SKILLICORN: Point of order. Aaron, is it legal to do this? ARNSON: So with respect to the agenda item that's been removed, the Mayor made the determination that we're going to move these into the record, considering the last- minute nature of the item. For the council's understanding, if we want to follow the rules of procedure for a point of order, the presiding officer determines the point of TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 43 of 119 order and then, of course, subject to appeal such determination to the entire council. So that's -- SKILLICORN: Motion to appeal. ARNSON: It says the Mayor ruled on the point of order. I mean, I assume -- MAYOR DICKEY: I heard the point of order but I believe that the public deserves to be heard since we removed it so suddenly. ARNSON: And now we have a motion to appeal. We would need a second. KALIVIANAKIS: I'll second. MAYOR DICKEY: So is there discussion? I don't know that we've ever done this before. MCMAHON: I think that we should go on with it because the agenda item was published and it was removed so quickly. And the public comment is the public comment and they have a right to be heard. And to not, even though it was so quickly removed, I don't think that it's fair to remove their comments. MAYOR DICKEY: Just for a point of precedent. Last meeting we allowed a comment to be read that was actually from the agenda from the two weeks before. So if you want to take a vote on not allowing us to go forward, what would that be? ARNSON: It would be, the question is substantially the following: Shall the decision of the presiding officer be sustained? MAYOR DICKEY: Okay. So is that a -- that's not a motion? ARNSON: That's the question -- that's the motion that's pending on the floor. MAYOR DICKEY: Motion on the table is shall the -- say that again? ARNSON: Decision of the presiding officer be sustained? MAYOR DICKEY: Shall the decision of -- that I just said, be sustained? ARNSON: Right. That you're going to -- MAYOR DICKEY: And there's already a motion and a second? ARNSON: The point of order is not well taken. MAYOR DICKEY: Hannah, did you have a question? I'm sorry. TOTH: I don't know if I have a question. MAYOR DICKEY: So if they vote yes, they want -- they'll let us continue with the TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 44 of 119 comments or the reading? Because they sustained my motion -- my ruling? MENDENHALL: And Mayor? ARNSON: Yes. MENDENHALL: Mayor, I have a question. Would that apply to possibly anyone who might have filled out a comment card as well, but didn't put down what they're speaking on? ARNSON: I don't know. I don't know. MAYOR DICKEY: Well, the comment cards are different. So those are people that said they wanted to speak on it. So they're here, right? So they could speak at call to the public. MENDENHALL: They could be here? MAYOR DICKEY: Yeah. They can speak at call to the public. But since we generally don't take online -- and that's what these are right now. We don't take those for call to the public. But we're allowing it. So I think -- hold on one sec. ARNSON: Yeah. The town manager made a good suggestion. Yes, vote means continue reading. No vote means stop reading. MAYOR DICKEY: Yeah. So all in favor to continue listening to these comments -- it's not going to be the comments, just their names and positions. All in favor? We'll take a rollcall? MENDENHALL: Councilmember Toth? TOTH: Can you go back to me? Because honestly -- okay. Here's the thing. I want to just hear these and get it done with. I don't see why we're spending more time on this. ARNSON: So yes? Okay. You're a yes. TOTH: So I'm a yes vote. GRZYBOWSKI: I'm also a yes vote. MENDENHALL: Councilmember Friedel? FRIEDEL: I'm a no. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Explain my vote? I believe that it puts the town at legal risk to listen to TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 45 of 119 these. So I'm a no. MAYOR DICKEY: It's not a legal risk. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: I can concur with Councilmember Skillicorn. That the reason that we're not hearing this tonight is because there was a chance that we were going to be put in legal jeopardy and by even allowing these resources, okay, to be used to tonight to promote or not, this issue, I think opens this town to legal jeopardy. And I don't even know why we're voting on this. I thought that this was removed and this was nothing that we should be discussing tonight based on legal counsel of yourself, Aaron. So I would be a no. MENDENHALL: Councilmember McMahon? MCMAHON: Yes. MENDENHALL: Vice Mayor already voted yes. Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: Michael Maroon is for the bond. Dianne Price is for the bond. Liz Gildersleeve is against. Caroline Morelli is against the bond. Paul Qieean is for. Elizabeth Rymer is for. Mary Ann and Chuck Bosnos are against. David Long is for. John McNeill is for. Faryl Palles is for. Now we'll go to -- we have people who are here who wish to comment in writing. Fred James is for 6A. Theresa Crain is for the school bond. Robert Daniels and Joann Daniels are for the school bond. And Lillian Acker is for the bond. Now we'll go to public comment who are here. First is Crystal Cavanaugh and on deck is Gene Slechta. CAVANAUGH: Good evening. So with no disrespect to the superintendent's presentation why did we need this at a town council meeting? By scheduling this tonight, it appears to be an obvious push for this $25 million school bond plus interest, within the walls of this council chamber, without a balanced opposition presentation. There are specific reasons to vote no. Such as, the deficiencies from the Arizona Auditor General report that still need correction. Fiscal management, excess vacant properties, TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 46 of 119 declining enrollment, and academic program concerns that could all impact a voter's decision if your goal was simply to inform the public. In addition, I was shocked when I saw the agenda item 9A, in quote, to discus and take a vote of support for the school bond. My first reaction was it had to be a violation of some rule and clearly it was since it was removed. How did it even get there to begin with? To pressure any councilmember to support or to reveal their vote in this council setting while on the dais for an issue not related to town business is outrageous. This is not the school board. This is an inappropriate setting, using taxpayer resources, and it has the appearance of an organized effort to promote the bond. The timing of all this is suspicious. The presentation tonight, the original agenda item 9A, paired with the upcoming public school's rally in the park with Say Yes speakers under the nonprofit number of our Chamber of Commerce who had also issued a letter of support for the bond as well as the Mayor's support and planned attendance. All of which is occurring within days of ballots being mailed out. And this follows the weekend where the spirit of the sign ordinance was violated by allowing excessive cluttering of repetitive yes-signs paired with lax code enforcement for signs too close to hydrants, stop signs, and curbs in the right-of-ways. More than one sign on private property and signs sandwiching their oppositions. The reason some of you had given for reinstating enforcement was to avoid a trashed up Scottsdale look, with people littering the town with signs. Well, that's exactly what you got. At the same time that you restricted others, such as myself, from putting up just five signs in town because the size was not acceptable during this loophole year of a nonprimary. When in other years the state statute would override the town ordinance for size. The numerous say yes signs squeezed through the loophole while the five larger signs were deemed too large. Which of course, was unknown to us and even code enforcement until after the second weekend that they'd been allowed. The town had the power to waive enforcement of the sign restriction during the bond period, but they TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 47 of 119 did not. Thank you. SLECHTA: Mayor, thank you. Council. My name is Gene Slechta. I'm a 28-year resident in Fountain Hills. First I was excited to be able to be here tonight to hear Dr. J speak on all that is happening within our school district. It was eye-opening and heartening. I wholeheartedly support the approval of the upcoming school bond vote. And I supported the prior one that failed because of so much misinformation. The bond should be approved if for no other reason than student safety measures. There are provisions for security enhancements, fire protection, building infrastructure needs. We have a 30-year-old high school building needing care. We have fallen behind surrounding communities in our school infrastructure. Just one look at school tax rates, like Scottsdale, Gilbert, Mesa, and others tells a story. When I moved here 28 years ago, my property taxes were 50 percent higher than they are today. But yet, we chose to move here for three reasons. It's incredibly beautiful. The investment in the schools -- yes, the investment. And good roads in town and access to town. We brought a family, including a school-aged child, a family under 50 years of age. A family that statistically spends twice as much in the community per capita as those individuals over the town's median age of 59. 59. Scottsdale's median age is in the 40s, Mesa's the 30s. So I think Sun City is a nice place, but I don't want us heading towards being Sun City East. Roads, schools, our two biggest issues must be addressed. You can't attract vibrant young families here without those two things. And we must show them the community's commitment to improve them. And why are we even debating this? The median priced homeowner will be paying nine bucks a month. The median priced homeowner will be paying nine -- and on a per capita basis the price of one Burger King Whopper minus cheese. Or a loaf of bread. Or half of a carwash. In our 28 years here, our home was appreciated over 400 percent and my taxes are a lot less. Others here will speak against the bonds with homes that appreciated 50 percent TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 48 of 119 in the last five years and their taxes have dropped 10 to 20 percent. If now is not the time to help our youth, then when is the right time? Families get it. The business community and the Chamber gets it. Even fossils like me, I get it. Let's support our youth, pass the bond. Thank you. MENDENHALL: Next we have Kim Wolborsky and Barry Wolborsky on deck. KIM WOLBORSKY: Madam Mayor, council. Oops I'm taller than this. I am a resident of Fountain Hills and very glad to be here and I have a couple of things to comment on tonight. First of all, is the bond. I am against the bond and I'm a person who, for most of my voting life has just been like, oh, money for schools, vote yes. This bond, I think there have just been too many issues with the school board and how they've spent money and the latest one; I have an article from the Fountain Hills Times here in my hand about the library renovation project. And I actually really enjoyed Dr. J's presentation. It gave me a lot of hope about what he's doing for the schools. I was excited that he's been able to get a lot of local money for it -- excuse me, donated money. But if we look at the renovation they're calling it, changing the library into a planetarium. The total cost is almost $600,000. That's after taking out the donation for the dome itself. It's not a free project. And it says here in the -- now this is only as accurate as the Fountain Hills Times, because this is where it came from. So if you're here, hopefully this is right. But Member Settle (ph.) said she would vote no because there's significant repairs that need to be done elsewhere. There are other places to spend our money on the schools than this. And I just feel like this kind of put me over the edge. We need fiscal responsibility. If our schools need money, do we need it for this? I also wanted to say a couple of other things. First of all, cost savings for the town, if we wanted to keep this room a little warmer in the summertime, that would be a great way to save some money. I'm always freezing in here. I don't know what it is like up there. Back here, I'm like, eh. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 49 of 119 And I wanted to thank Councilmember Kalivianakis for talking about the online agenda. I learned about that not too long ago and it's really made a difference to be able to look at that ahead of time. There are links to more detailed information and it's really helped me to know more and to be able to appreciate the meeting more. So thank you for bringing that up. I think that's everything. Oh, Hispanic Heritage Month, I just wanted to say my husband and I have been here in Fountain Hills for almost four years now, and we started studying Spanish almost immediately and we're still terrible at it. But we're working at it. Thank you. Okay, I'm still terrible at it. BARRY WOLBORSKY: I'm Kim's husband and I'm a resident of Fountain Hills. And Rachael, I want to start off by saying thank you for putting the flag back up in Golden Eagle Park. I appreciate that. I'm going to talk about the Arizona Attorney Auditor General's report on the school district which was dated May 24th, 2023. Not very long ago. And I'm just going to hit a few high points because there's eight pages of deficiencies. There is no conflict of interest policy. No support for journal entries. They actually have interest fees and late fees on their credit cards. That blows me away. No documentation for student activity receipts. They studied assets. They only picked ten assets. Out of the ten assets, five were missing and they were $50,000 and they couldn't find them on the premises. So your guess is as good as mine where they are. They don't have contract -- there was a $50,000 contract with no bidding, given by an employee of the school district who had major interest in the company it was given to. These are not little deficiencies, okay. They had two employees on student activities fund and there was never a vote of the students to have those employees, which is mandatory. The district does not obtain written bids for purchases. Go that? Did not keep track of employee absences. Did not keep track of enrollment. And now, they have a specific way you have to keep track of enrollment. It's not how many students are in school today. It's how many students finish at the end of the year, according to the auditor. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 50 of 119 I had an opportunity to speak with an auditor about a different project this week. And I asked them, well, if they say it's been -- it's a new administration now and it's been corrected, what do you think? And what she said to me was, she said we hear that a lot. We can't validate anything until a next audit is performed. So as of right now, they are deficient and would you give the people who are managing your money $25 million? I wouldn't give them $25. MENDENHALL: Next we have Kimberly Bartman and on deck, Tom Lindsey. BARTMAN: Hello Mayor and council. So I was going to have a really sweet, feel-good kind of thing I was going to offer, but since I got to hear some other folks speak, I would just like to say and encourage everyone on YouTube and everything to go to one -- that's O-N-E-F-H.org because you can find more accurate information about the bond. You can also attend a town hall and I didn't see any of the people that oppose the bond at Dr. J's town hall last week. Because you could ask questions and you had a whole presentation about the funding for the bond. And really great information. So there's a town hall coming up on Wednesday, September 27th at 6:30 p.m. at the McDowell Mountain elementary school gym. There's also a town hall on Monday, October 2nd, at 6:30 p.m. at the Fountain Hills High School cafeteria. Everyone in our town is able to come listen to the presentation which talks all about the finance parts. Tonight you didn't get to hear any of that. But that is -- I went to the town hall last week and it was awesome. Great information. And again, One, ONEFH.org. is the website where you can find out more information. Now, back to my nice part of the presentation here. I moved here in 2001 and it was because of the beauty, the smalltown feel, the access to the big city and airport, and also reports in a parent magazine about Fountain Hills being a great place to raise kids. In 2006 my husband and I had a daughter and she went to the Fountain Hills kindergarten, all the way till now she's a Fountain Hills High School senior. In our community there's been older folks that took us under their wing because we didn't have family in town and it was incredible the support the people gave to us. From the gym I met this older couple and they had a baby shower for us. We had all kinds of TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 51 of 119 people come together to support us all over these years. And I also -- sorry, I'm nervous. So the community's come together and tomorrow, having the Fountain Hills homecoming parade down on the Avenue again, when my little daughter, who's a senior, was itty-bitty, she used to go out there and cheer on those high school seniors and it was a great community event. And I just want to say that. Okay, I'm going to back to reading. Okay. So I'm grateful to the teachers, volunteers, school bus drivers, school staff, coaches, PTO parents, community supporting our kids, an awesome town, amazing place to live. My daughter will graduate in May and go off to college. Even though I will no longer have a student in the Fountain Hills district, I will continue to support our schools. MAYOR DICKEY: Kim, we ran out of time. Sorry. BARTMAN: And I will retire here and continue to support the schools. Thanks. MAYOR DICKEY: Thank you. LINDSEY: Good evening Mayor, fellow councilmembers. Thank you for still being awake. These are the things I don't miss as a former superintendent. I was an educator for 40-plus years and I want to give you some perspectives of the bond from a former superintendent educator and from what I've seen, read, and heard. First of all, Dr. J has to work on his enthusiasm and positive attitude. Had to get a laugh in here. How many of you think that you, as a municipality, get enough money from the State of Arizona? Same thing with the school districts across the state. There's insufficient funding. And the school districts have to do what you have to do. How am I going to fix the roads? How am I going to fix the fountain? How am I going to fix the leaks in the community center? They have to figure out how I'm going to maintain those 20- and 30-year-old buildings just like your house and your house and my house. Where I've had to put on roofs and new windows and new doors. But on top of that, the school districts are responsible for maybe 1,100, maybe 1,200, maybe another school district has 12,000. But we have to give them, no matter if it's only 1,100 students or 11,000 students the best buildings, the most secure and safe buildings that we can possibly give TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 52 of 119 them. This concerns about taxes, you don't think that Dr. J and the governing board were concerned about having to come out and try to convince everybody that they want to pay more taxes? Of course not. But to me the gauge of whether we should pay more taxes or not, is does it fulfill needs of the community or wants of the community? And it is my opinion that security, better buildings, better curriculum, improving learning conditions for staff and students is critical. Just like better roads is critical. And when you squeeze the budget as much as you can and you put Band-Aids as many places as you possibly can, what's the option? Right now, 23 out of the 58 school districts in Maricopa County are either going for a bond and override or a lease sale of property. This is not just a Fountain Hills challenge. This is a universal challenge, not just in Arizona but across the country. And as citizens, at some point, it is our civil responsibility to close the gap. Now there's -- oh, is that the time? So thank you for listening. Thank you for giving Dr. J an opportunity and please go to the town hall to find out more about testing and the audit. MENDENHALL: Next we have Linda Somo. On deck -- I don't' see him any longer, Art Tolles, are you out there? UNIDENTIFIED SPEAKER: No, he had to leave. MENDENHALL: He did leave? Okay. So then on deck is Michael Scott. SOMO: Good evening Mayor and council. My name's Linda Somo. I'm a retiree, living on a fixed income. But I'm here tonight to encourage you as individuals, even if you can't do it as a council to support the Fountain Hills School District bond election. I do this for two reasons. One is very selfish, and that is as a homeowner, I'm concerned about my property values. Ask any realtor and they will tell you one of the most important factors in attracting new businesses and new families to a community, is the quality of the school district. Our schools are terribly underfunded, as you just heard. And yet, do a great job as we heard from Dr. J tonight. The funds that would be in this bond are desperately needed to keep our schools improving and to keep them on the TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 53 of 119 road to being superior schools again. The value of my home has increased over 50 percent since I moved here and I want those values to stay there and not be hurt by a faltering school district that is underfunded. Reason number two. Some of the funds from this bond will help to make our schools safer and more secure for our students. Two important facts to keep in mind. There have been over 500 mass shootings already this year, and we're only in September. A mass shooting is defined as four or more people being shot or killed. That's a horrifying statistic, especially when it happens in our schools. The number one cause of deaths for children in this country is from gun violence. That to me is just amazing that that's why our children are dying. If we truly love our children and want to protect them, then let's give them schools that are safe and secure and they have the ability to reach their full potential in that school. For these reasons I'm very willing to spend the extra nine dollars or more per month to fund our schools, to keep our children safe and to keep my property values up. Please, as individuals -- MAYOR DICKEY: Time's up. SOMO: -- support the bond election. Thank you. MAYOR DICKEY: Thank you. SCOTT: Mayor, council, I'm Michael Scott. I've been here for 30 years. I'd like to discuss something that happened two weeks ago. There was a last-minute discussion before -- MAYOR DICKEY: Could you use the mic? I'm sorry, I don't want to interrupt. But I can't hear you that well. Thanks. SCOTT: Okay. At the last meeting amendments to the ethics policy were distributed by a member of the council and were not made available to the public. That way what occurred next, was we weren't able to follow some of the information that they had in their possession. If that had been brought to our attention we would have been able to follow it better. I think you can do better than that. Get the information out to us. I'd like to discuss bonds. Just take a look at our roads and schools. The bonds we have, TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 54 of 119 some of the numbers for the cost are exorbitant and I don't know what kind of fuzzy math they're using. But these bonds are going to cost what? $25 million bond, less than $150 per year per residency. You have to look at a bond as a line of credit, just like a bank would issue a line of credit. You only owe up to what you spend. You don't have $25 million and then -- it's not owed to up until that point. It is simply a line of credit. And it is affordable by this community. I'd also like to say on your Roads First program, I heard less in the last three months about this program than anything else. It was brought forward as a ten-year program, $8 million a year for roads, but where did you get the money from? Out of a hat? No idea. That's impossible to do. Thank you for your time. MENDENHALL: Okay. Next -- I can't read your last name, but your first name is Joseph and I want to say -- GRECO: Greco. MENDENHALL: Greco. Okay. And then on deck, Gary Zain have you -- you didn't? Okay. So after Joseph will be Mathew Corrigan. GRECO: Hi everybody. Thank you for your time today. I'm new on mics so please excuse me for any errors I may make. Has anybody fought for you in your history? Anybody? Anybody fought for you? Do you think anybody's fought for you in your history? I believe they have. I can start with my grandfather in World War II, he fought for all of you. My father fought for you in Vietnam. And my nephew fought for you in Afghanistan. They were all injured at war. They all have Purple Hearts. Every one of them fought for you. I need you to fight for us, for our schools, for our purpose, for our future. I know they sound like cliches, but they're all true. They should ring bells with you because they're facts. Without our schools we have nothing. It's the biggest heartbeat in this community, is our school. I heard a lot today about maintenance for other aspects of our community; it's no different with the schools. I heard about some fish in our lake that we want to save. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 55 of 119 And I'm fine with that. I'm fine with conserving water and all of that. Why you don't support the schools, I have no idea. Because that is the biggest heartbeat we have. And without it we're just a desert with an oasis but no schools. I don't see how that makes sense to anybody. You know I didn't write something down for us today, wasn't really sure what I wanted to share. I'm not really sure what will convince other people that it's important; I don't' know. But I can tell you that I got approval from my wife today to sell my house and move because I'm not going to live in a community with this much anger and frustration. It's not what I bought into for. Because I can't do without an approval; it's just the way it rolls in my house. In addition to my father, my grandfather, and my nephew, my brothers save lives every day and they're part of this community. One of them went through our programs. So I came here to grow roots and they're now sour. And if that's the community that we're going to prosper in, I'm not going to be part of it. I will leave. Others will leave and you will not attract the lives you need to make this a prosperous community. Thank you. CORRIGAN: Madam Mayor, councilmembers. Matthew Corrigan, homeowner, resident of Fountain Hills. Building financial trust in people and institutions is usually based on how well they perform fiduciary responsibilities. Are they transparent? Do they follow the rules, laws, and guidelines? Do they honestly report financial matters to the proper authorities? When it comes time to ask residents to pay more taxes by voting for a 15- year, $25 million bond amounting to about 48 million after interest is paid, the Fountain Hills School District would probably what to build trust. But have they built trust? Some of you are aware and have read the May 24th letter from the Arizona Auditor General informing Fountain Hills Unified School District that it is not in compliance with the uniform system of financial records for Arizona school districts. The district was given 90 days to respond from May 24th of this year. Have they responded? Spoke with Megan Smith with the Arizona Auditor General office on Wednesday, September 23rd and she confirmed at the time that Fountain Hills Unified School District remains TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 56 of 119 noncompliant until a final written reply is received. She said they are working with them. Not only that, but the Auditor General cited eight pages of noncompliance. Let me list just a few. One, the district did not annually provide employees guidance on what constitutes conflicts of interest. Two, governing board members did not report any conflicts and employees did not complete annual conflict of interest forms. Three, the district did not post the notice of public hearing for the December revised budget ten days prior to the meeting. Four, the district recorded bond payments of $1 million to long-term debt rather than bond principal payments and 11 more coding errors. Five, the district used the maintenance and operations account rather than miscellaneous clearing account to pay multiple payments and thousands of dollars. Six, 3 of 26 disbursements a purchase order was prepared after the goods and services were ordered. Seven, for all ten vendors reviewed with purchases between 10,000 and $100,000 the district did not, not obtain written quotes. Eight, the district spent $48,000 with a vendor with which an employee -- an employee, has substantial interest in the business. Nine, the district did not provide employees annual security training nor did it provide disaster recovery planning documents. I could go on and on but there are 65 such noncompliant issues. If this were a report card, how would I grade Fountain Hills school district? Transparency, D-minus. Follow the rules, laws, and guidelines, F. Honesty in reporting finances, D-minus. Would I vote for a $25 million bond? No. Would you? ALL: Yes. Yes. Definitely. MENDENHALL: Next we have Betsy LaVoie and then Stephen Gay on deck. LAVOIE: Good evening council, Mayor. Betsy LaVoie, 44 year resident. I was thankful for Fountain Hills Unified School District K through eight. It was our only school. I went there. And I am thankful as a mom to have the school district and have many options too for our kids. But I'm here not as a parent and not as a resident. I wanted to share the Fountain Hills Chamber of Commerce launched in March of this year an app called Visit Fountain Hills. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 57 of 119 Visit Fountain Hills is to support, celebrate, inform all that is Fountain Hills; all of our businesses, all of our nonprofits. And you might know the Fountain Hills Chamber of Commerce to shop local, to celebrate and encourage dine local. But what you might not realize is we also encourage to worship local, to do everything local. To educate local. You can find everything Fountain Hills, including our parks, including our trails, everything Fountain Hills right within that app. And I'm very confused why it would be perceived as a negative thing that the Fountain Hills Chamber of Commerce would support a rally for positivity for our public schools? Why is that a negative thing? When you ask why parents don't stay with their kids, my daughter's only here because she had to get dropped off here because I'm still here and I didn't get to leave to go pick her up. I would not want my kids to sit through the town council meetings with the vitriol that we hear. That's not something that I would want my children to regularly hear. So just to share why that doesn't happen and why it happened today. But I do want to share quickly -- I'm probably almost out of time. The Fountain Hills Chamber of Commerce did endorse the school bond and we did so -- and I'm going to read and I have one for each of you. The Fountain Hills Chamber of Commerce proudly supports the bond for the Fountain Hills Unified School District. We understand that a thriving school district is a cornerstone of a vibrant community. When families consider relocating the strength of a local school district is one of their primary criteria. An excellent school district not only benefits our students' education but also fortifies the entire community. A strong school district enhances our business community as well. It attracts skilled professionals and their families, boosting the local workforce and talent pool. As property values rise due to the appeal of excellent schools, both residential and commercial properties benefit. This positive impact resonates throughout our town, fostering a sense of community pride and unity. The Fountain Hills Chamber of Commerce recognizes that supporting the school district is an investment in our collective future. By endorsing this bond we are fostering growth, prosperity, and an enduring small town community spirit. Let us rally together to ensure that our schools continue to excel and that our TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 58 of 119 community remains a desirable place to not only live and work, but also thrive. And I have a letter for each of you for later consideration. I also want to share that when you a thriving school district and you encourage that workforce, that resonates through every single part of our community. And for those are you who are against the bond go to one of the town halls. If you're a parent you'd be for this bond. I'm telling you. We have seen, as a parent, we have seen the changes that our current superintendent has made and using last audit information is like my board of directors not approving my budget because my predecessor's actions. It's unfair and it's not right. And so thank you very much. GAY: [Spanish language]. Good evening. And I'll keep this brief. I'm in favor of the school bond. Good schools keep property values up. Resale value should be important to all homeowners here in our beloved corner of the Sonoran Desert. At some point, having bake sales and relying on our wealthier citizens and volunteer painting crews to keep our schools at minimum standards will stop working. Plus, the next time a millionaire may not come forward. Accountability and conflicts of interest has been brought up tonight. It's my understanding that in Arizona schools funded by vouchers, for instance, the school can buy books from the principals wife in a no-bid contract. I'm just curious what the level of concern is with these people who have brought up accountability and conflict of interest issues with our school, I'm wondering what their level of concern is, how their tax dollars are being spent at schools paid for by vouchers? And that expenses is going to balloon to $1 billion for the State of Arizona. There are many in this country who are fundamentally opposed to the very concept of public education. In their view, an angel in school voucher heaven gets its wings every time a no-vote is cast on this bond issue. Thank you. MENDENHALL: Next we have Lori Troller. And then the next two cards, it looks like they wanted to comment in writing in support of 9A. One is Al Ronca and the other is Rick TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 59 of 119 Brown. If I'm incorrect let me know. TROLLER: Guess what I'm going to talk about? It's not the school bond. Mayor, council, Linda, Rachael, Aaron. Lori Troller, resident. My topic tonight is 5G broadband and the timeline to complete the ordinance. As you know we're sitting in the middle of September and the broadband moratorium ends at the end of January, basically four and a half months from now. Being that the planning and zoning meets once a month, they're going to need at least four months to start and complete their work on the ordinance and the council's going to need, optimistically, two months to start and stop -- or start and complete their work. That takes us to the end of March and that's if Aaron's able to give the ordinance to planning and zoning in the next eight business days, if everything were to go perfectly. His schedule's already been completely blown by finishing in March and not the end of the moratorium in January. The 5G ordinance needs to become a topic assigned with precedence over other town issues. The very real issue is the tower industry doesn't have to wait any longer for us to get an ordinance done. All the other issues we prioritize for ourselves are of no concern to them. There is no excuse -- no acceptable excuse to them that we aren't ready with a new ordinance after six months' grace period of the moratorium. If we don't get this done the old ordinance will stand which provides no protection to the proliferation. So this is urgent and it needs to be treated as such. I'm asking that the council and planning and zoning be placed on emergency meeting schedule to expediate the work to meet the end of January moratorium deadline or until the ordinance is done. MENDENHALL: That's it for public comment. MAYOR DICKEY: Thank you. I really appreciate it. Thank you all for coming. COUTURE: I have a comment. Mine was the first one in. MAYOR DICKEY: Uh-oh. MENDENHALL: Why don't you come up and speak for the record? State your name for the record, for sure. COUTURE: Did you find it? TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 60 of 119 MENDENHALL: It's down here. Oh. COUTURE: Flew through the wind. Okay. My name is Cindy Couture and I am a long- time resident of Fountain Hills. I'm really glad I came here tonight because as a teacher, 40 years and counting-plus. I've been mystified why people are against this bond. I taught at our high school for 12 years. I loved our school and our school district and I couldn't figure out what -- you know, where is all tis negativity coming from? It's a miniscule drop in the bucket as far as a tax raise. But now that I'm hearing all these people talk about the audit, I finally am understanding. Okay, if that's what you're going by, I agree with you. It's terrible. I can't believe that they made decisions without bids. I can't believe that they spent money that unwisely. But it's like Betsy LaVoie said, that was then. This is now. That's why the old superintendent is gone and that's why we have Dr. J in here. And he's been working himself to death trying to move the schools together, trying to get good employees, trying to make sure the money is spent well. And I'm sure that when the next audit is in, we'll see a really good result from all his work. But give him a chance for God's sake, you guys. On some of your social medias you're just crucifying the school district and that's not fair. You don't know of what you speak. I do. I've been there. As town leaders you should know that the school district is interwoven into our town. And as many people have said, it's a big deal and we need to support it. I taught many of our kids and they've gone into the community. I taught Viree's son, who was one of my smartest AP English students. He's now in the military, in an upper rank and he's in Afghanistan serving our country. And I could go on with a huge list. Our kids from Fountain Hills are amazing and they've gone to universities all over the country because our schools have given them a good start. My feeling is we need to know that education comes with a price tag and we need to pay that price tag. Somebody educated everybody in this room. Somebody paid taxes for all of us to get an education and we need to pay for our kids to have the same kind of education. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 61 of 119 And if you need one more reason, I just got this from a mortgage broker who said that right now, in some lenders, there's a little box that you have to check. And I won't even tell you about it, but you can ask me later. Vote yes. MENDENHALL: Now that's the end of public comment. MAYOR DICKEY: Thank you. Thank you all. Our next item is our consent agenda. Can I get a motion or -- Councilwoman? KALIVIANAKIS: I would actually -- thank you, Ms. Mayor. I would actually like to remove from the consent agenda items number C through G. SKILLICORN: Actually, I'd recommend let's go through them all. Let's go through them all individually. MAYOR DICKEY: Wait what? You want to remove all the consent agenda? SKILLICORN: Yeah. MAYOR DICKEY: Including the minutes? SKILLICORN: Yeah. MAYOR DICKEY: Okay. So these will become our regular agenda items and we'll discuss them as such. The first item on the agenda is our approval of minutes. GRZYBOWSKI: Move to approve. TOTH: Second. MAYOR DICKEY: Discussion? Any discussions? You wanted it removed and there's no discussion? All in favor? Please take a roll call vote? MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 62 of 119 MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Next item, approving special event liquor license application for Fountain Hills Theatre for a beer garden in conjunction with the Fountain Hills Theater opening night celebration on November 3rd, 2023. GRZYBOWSKI: Move to approve as written? MCMAHON: Second. MAYOR DICKEY: Any discussion? Councilmember Skillicorn? SKILLICORN: Yeah. Thank you, Mayor. One thing I had a question about . I see that there's a series of these together. And I see November, December, January, February, March. These are multiple months in a row. This is not a special event. This is a regular occurrence. And frankly, it looks to me like they're just trying to skirt the fee of actually having a liquor license. So I would recommend that the theatre go through the process of seeking a liquor license instead of having regular special events, basically skirting the liquor laws and trying to also get it at a lower cost. MAYOR DICKEY: Councilwoman? TOTH: If you don't mind I'd like make a note on that just coming from the role of an event planner. I believe the amount is 12 in a year and they have you check when you apply for a special event liquor license. Which, with each one you have to put this is how many this site has had in a year. That rule is something that the county is very strict on. I've been to the county to get liquor licenses approved, they check on that. I have to disagree that this is trying to skirt anything. It's one night in a month. A few months in a row, yes. But they're not breaking the rule that's currently in place. I TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 63 of 119 believe it's 12 in a year. It might even be more than that. But I believe it's at least the 12. But you do have to place how many special event days have been issued to this organization -- thank you, Councilmember Grzybowski -- during the calendar year. And with each application you have to write that and the county checks that. MAYOR DICKEY: Councilwoman? MCMAHON: Also these are separate events and they're separate, basically, celebrations. They might be classified as opening night celebrations, et cetera. But they are all individual in their own merit and therefore -- that's my understanding of why they are separate liquor licenses being applied for. It's not inconsistent. It's consistent with the past. They're not trying to pull anything as far as I know. The theatre has a stellar reputation. It's very transparent. I would be shocked if they were trying to circumvent anything in this town. They bring in a lot of revenue for the town and therefore I'm going to make a motion to approve -- MAYOR DICKEY: I think we already do. MCMAHON: Pardon? MAYOR DICKEY: I think we already have a motion. ARNSON: Yeah. MCMAHON: Okay. Then I'll second the motion for every single one of them to be approved. MAYOR DICKEY: Right. Rachael? GOODWIN: I just wanted to offer a point of clarification. The dates listed generally correspond with their opening night of whatever show they are producing. So each one is a different show, it's a different cast and I imagine it's a different audience that they're appealing to. So those correlate. Which is why you would see the different dates requested. MAYOR DICKEY: Thank you. So there's a motion and a second on the table to approve this one for -- which one are we on? GRZYBOWSKI: We're technically on B, but if I may move to approve B through G, which is all Fountain Hills Theatre thing; can we do it that way? TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 64 of 119 MAYOR DICKEY: Like an amendment? GRZYBOWSKI: Oh, sorry. Can we do it that way? ARNSON: Well, my recommendation would be approve B, and then if you want to approve -- GRZYBOWSKI: Okay. ARNSON: -- the rest as a slate, let's just get this one done. GRZYBOWSKI: Okay. All right, I'll do that next then. ARNSON: And then we can talk about the rest of them. Because I assume they were removed for a reason. MAYOR DICKEY: Thank you. Roll call, please. MENDENHALL: Councilmember Skillicorn? SKILLICORN: No. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dicke? MAYOR DICKEY: Aye. The next item, I'll take a motion. GRZYBOWSKI: Move to approve items number C through G. MCMAHON: Second. KALIVIANAKIS: I'd like discussion please, if I could? MAYOR DICKEY: Yes, ma'am. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 65 of 119 KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, I initially did want to pull these off just for discussion. I was going to vote for B and that's why I didn't try to pull B off of there. On the other hand, I think that applying for a liquor license it's kind of a big deal and that's why we have to approve it as a matter of town council business. Because with alcohol and events, again, it could lead to mischief. It could lead to drunken driving. As a former prosecutor that prosecuted DUIs, that set up victim impact panels and dealt with this first-hand. I've seen the consequences of drinking and driving. On the other hand, I can appreciate that they want to have a beer garden at their grand openings. And I'd like to discuss this not in terms of Fountain Hills Theater because I think that's a beloved theater in our town and I think that we all fully support the theater. So my argument, so to speak, is not with this particular theater and these particular applications. It's just to open up the general discussion to, is it a good -- is it a matter of good public policy to approve liquor licenses a year in advance? And that's what I'm wondering tonight. Again, taking Fountain Hills Theater off the table. But if it was a Fountain Hills X, Y, Z, I wonder if they had their first party and there was a fatality and it was found because of they were drinking at Fountain Hills X, Y, Z would we want to give them another liquor license and two months later? Probably not. But they would have already been issued. And so -- and unless there's a state agency that could cancel their liquor license in the future, I just think it would be more responsible to just do every two months do the application. We can summarily approve it on the consent agenda and just be done with it. So like I said, to me I just want to bring this up as just a matter of discussion. MAYOR DICKEY: Councilwoman? TOTH: Thank you, Councilwoman and thank you, Mayor. Again, event planner, I have turned in liquor licenses. The county would be able to -- if I had submitted something for December 2024 and January of 2024. And at the January 2024 even something horrible happens and my name was on that liquor license and I'm responsible for this person being overserved, they would say that they're pulling -- that TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 66 of 119 that liquor license is now null and void for December. So that is already the case. That's why this goes through the town municipality and then the county. Is that it's not just the county, the bureaucratic side overseeing it. It's not just the government overseeing it. There's two levels of approval and even at that point I could have the liquor license in my hand and they could say, you can't have one anymore. MAYOR DICKEY: Councilwoman? Vice mayor? GRZYBOWSKI: I appreciate the conversation and thank you very much for your points as an event planner. I think also planning events, I'm going to use the theater as the example because they are the ones that are on the list today. They need to be able to plan and they want to be able to print it in their program and they need to know -- they need to budget, they need -- if we tell them you can only do two at a time or three at a time, it doesn't go with the flow of their season and they may need to print new programs. Something may need to happen that will cost them money. Like Councilmember Toth said, there are already things built into the system and we can just pull up easy-peasy the application to see how many there are during the course of the year. So I don't have a problem with this. I appreciate the comments. I just don't see that we need to nitpick beyond what we've already nitpicked them for. MAYOR DICKEY: Councilman? SKILLICORN: Madam Mayor, Town Manager Goodwin, what is the cost of a liquor license? GOODWIN: Each liquor license is a $25 permit process for the town. SKILLICORN: A full on liquor license? GOODWIN: Oh, a business based liquor license? SKILLICORN: Yes. UNIDENTIFIED SPEAKER: (Indiscernible). GOODWIN: I was going to say, it is. And they are generally difficult to obtain. They transfer generally with property. So it's not something as easy as just going down and submitting an application. SKILLICORN: Thank you very much. That just confirms my objection of them doing this TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 67 of 119 month after month after month. They should apply for a real liquor license. MAYOR DICKEY: This is not about councilwoman event for A, B, C, whatever. It's for a 37-year entity in this town that there has never been any issues with at all. This is the way they do it. To accuse them of skirting anything or doing something they shouldn't be doing is entirely inappropriate and I would like to call for the question, if I'm allowed to do that. ARNSON: Mayor and council, if we're calling for the question we need a motion, a second. MAYOR DICKEY: Let's just take a vote. ARNSON: Okay. MAYOR DICKEY: Could we get a roll call? GRZYBOWSKI: So wait. I'm now confused. We're voting on the motion that I've already made? MAYOR DICKEY: Yeah. GRZYBOWSKI: Or -- ARNSON: We're voting on your motion. MAYOR DICKEY: Yeah. GRZYBOWSKI: Okay. MAYOR DICKEY: For everything. SKILLICORN: And if it's not unanimous, it doesn't pass correct? ARNSON: No, it's a simple majority. SKILLICORN: How can you do a consent agenda that's not unanimous? MAYOR DICKEY: It doesn't have to be. ARNSON: It's not on the consent agenda. They're regular items. MAYOR DICKEY: It does not -- SKILLICORN: But how can you group them together? Her motion was to group them all together. MAYOR DICKEY: Right. KARNSON: Well, if you don't want to approve them all together, vote against it. I guess. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 68 of 119 MAYOR DICKEY: We have a motion on the table to approve items C through G. Can I please have a roll call? MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Nay. MENDENHALL: Councilmember McMahon? FRIEDEL: Aye. KMENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: No. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Move on to our next consent -- I mean, our regular agenda item and discuss budge transfers for a vehicle. Who's going to do this? GOODWIN: I'm going to ask Director Pock to step up, please. MAYOR DICKEY: Oh, thank you. POCK: Hello. I don't have a presentation for this. But I'll answer any questions. MAYOR DICKEY: Who has questions? SKILLICORN: Madam Mayor? MAYOR DICKEY: There. Okay. SKILLICORN: Director Pock, what is the -- so correct me if I'm wrong here. It's a couple of pickup trucks? What's the mileage on the ones that we're replacing? POCK: That's a different agenda item. SKILLICORN: Oh, I'm sorry. POCK: These are just budget transfers for fiscal year '23. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 69 of 119 SKILLICORN: Oh. POCK: I can say these are fairly routine at the end of the fiscal year. We're undergoing our audit. Just cleaning up different -- MCMAHON: I make a motion to approve -- SKILLICORN: And Madam Mayor? MCMAHON: -- H. SKILLICORN: Director Pock, what fund is it coming from and going to? POCK: So the three that you see there for capital projects is going from the capital projects fund to the capital projects fund. Just specifically between projects. SKILLICORN: Okay. POCK: And then the one for the vehicle is going from general fund to the vehicle replacement fund. SKILLICORN: Okay. Motion to approve. MCMAHON: Already made a motion. MAYOR DICKEY: We have a motion on the table already. We had a motion on the table from -- SKILLICORN: Second. MAYOR DICKEY: Thank you. Roll call, please. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Vice Mayor Grzybowski? TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 70 of 119 GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Now we're going to discuss approving a map of dedication for Serenity Estates. Who does something like that? GOODWIN: That will be John. MAYOR DICKEY: Thank you. Hi John. WESLEY: Good evening Mayor and council. This is a plat. Serenity Estates was actually platted back in 2008 and was never actually developed. A new owner purchased it a couple of years ago and has been working on getting all the plans approved to move it forward and actually begin construction there. During that process, we recognized a need to make a slight enlargement to the size of the cul de sac at the end of the road to handle turning movements for particularly firetrucks. They found a different avenue to bring water in from the west. And they needed to dedicate an easement for that water line. And there's some walls along the street and there's a wall easement for those. That easement needed to be extended. So this map of dedication continues the same plat with the same lots but makes some of those changes to the easements. MAYOR DICKEY: Can I get a motion? MCMAHON: I have a motion to approve -- what is it? I. SKILLICORN: Madam Mayor? May I ask Director Wesley? So you mentioned a cul de sac change? WESLEY: Yes. SKILLICORN: Is that something the town is funding or the owner of the property? WESLEY: So the owner of the property will fund all the construction. This map of dedication adds five foot extra easement around the cul de sac to handle the width of the cul de sac. SKILLICORN: So the cul de sac is unchanged, it's just the easement? WESLEY: The easement around it, yes. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 71 of 119 SKILLICORN: Okay. Thank you. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. Roll call, please. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. On our regular agenda we're going to start with 9C because I believe we have an applicant here who has patiently been at this meeting. WESLEY: Mayor and council. Yes, this is a request for a special use permit. As we've gone over a few times before but just as a reminder. Zoning ordinance sets up various uses permitted by right in each zoning district. Residential uses are allowed in our commercial zoning districts only through consideration and approval of a special use permit. An application has been made for three lots at the northwest corner of Pueblo and Ivory Drive. This shows the overall plat 106 area in the red outline. It's located in the northeast portion of the town, just south of some of the state trust land. And the hatched area shows the area of the request for the special use permit. This platted area began development back in the early '70s. There's been no development activity in this area since 2004. As you compare the two areas from 2004 to 2022, you see TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 72 of 119 there's really nothing that changed in the area. Recently, however, there have been some proposals for some modifications and the use permits approved. Let's see if this is -- I pushed the right button. In this location, it's a two-story structure, four years ago or so. A special use permit was approved for a second story residential in that building. It was occupied with that use for a period of time but this, as I understand the business in there currently is not using it for residential. A little over a year ago you approved a mixed-use building at the corner of Ivory and El Pueblo, office and parking on the ground floor and four residential units on the upper level. The building permit is basically ready to be issued for that particular development to move forward. Back, I believe in May or June, you approved at the corner of Glenbrook and Fountain Hills Boulevard a ten-unit residential development through a special use permit and this evening we're looking at the area in green on the north side of the parking lot there along Ivory. The applicant is proposing seven three-bedroom dwelling units. Most of them two-car garages, the one on the east end just has a one-car garage. These are the floor plans for the units. The ground floor has the kitchen, dining, living area and the garage. Upstairs has the three bedrooms and two bathrooms. These are anticipated elevations. These are preliminary at this point. If the special use permit is approved, the applicant would come back through with their formal site plan and provide additional detail and possible minor modifications. Staff reviewed this. As we typically do, we start by looking at the general plan; what is it recommending for the area. The neighborhood element talks about the importance of a broad range of housing types and densities. It does direct highest densities towards the town center along the Shea corridor. This is in the mixed neighborhood character area, which anticipates smaller lots with a mix of residential, nonresidential uses. Encourages redevelopment and infill consistent with the neighborhood. Section 2.02 F 1d of the zoning ordinance sets for the criteria for review and consideration of special use permits and basically says the approval should be based on the use not being TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 73 of 119 detrimental to public health, safety, welfare, and not detrimental or injurious to the property or improvements in the area. So again, as we look at this and look at the area and the nature of the proposal, we broke this down into three questions. Will allowing residential use be detrimental to desired commercial activity in the area. We've seen no new building of commercial nature in this area since 2003/2004. Generally, we feel like we're over zoned for commercial development and residential development in the area would add residents to frequent the businesses and maybe help stimulate other commercial activity in the area. And on the flipside of that, new development could discourage nonresidential development. So you get too much residents and the commercial developers may feel like it's no longer a commercial area, it might not be viable. So it could potentially impede commercial development. Will allowing residential use be detrimental to surrounding residential neighborhood? This zoning district allows a 25-foot tall building. The adjacent residential allows for 30 foot tall. So these buildings would be smaller in that regard. That is one 78 long building. It will be a little bit bigger in terms of scale and mass to the other buildings in the area. Will allowing residential use be detrimental to surrounding residential neighborhood? Gives a little bit higher density than what's adjacent to the north and east, but it does help provide that transition to the commercial that's to the west. Will residential use create a desirable living environment? It's across the street from other residential areas. It has access to shopping, schools, churches, parks, other typical amenities you would want in a residential area. The units themselves won't have much private space, small courtyards in the front and right adjacent to a commercial parking lot so that might not be quite as desirable as other residential living environments. Citizen participation was carried out through this property and notices were mailed to property owners in the area. Staff received no comments and the applicant didn't really receive any either through that process. But when we were at the planning and zoning commission meeting we did have two citizens come to speak. One was one of the residents to the east who spoke in favor of the request. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 74 of 119 And one was a representative of the plat 106 development who also came and spoke in favor of the request. As the P&Z commission looked at this the particularly put weight on the market. This commercial area does not front on the main street and they feel like, given the overall commercial zoning we have available that it's just very unlikely for this to develop with a commercial use in the future and felt that the residential use was much more viable and would help stimulate other commercial development and fit with the neighborhood. They had two concerns that they want staff to look at and address through the site plan review process. One was to ensure that the alley gets paved. That will provide the access to the garages. And that there be at least an 18-foot deep driveway on the lots between the alley and the garages. So that is something that we can address through that site plan process. So the planning commission has recommended approval of the special use permit request. MAYOR DICKEY: I'm going to open the public hearing and ask if we have any speaker cards? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Okay. Did you want to ask John some questions? FRIEDEL: John, I was at the planning and zoning meeting. And did the applicant agree to the stipulations of planning and zoning? WESLEY: Yes. FRIEDEL: Okay. We also approved another project for him up there, didn't we? Similar -- in the same area, earlier this year? WESLEY: Yes. So his project is the one here on this corner. FRIEDEL: Yeah. WESLEY: And architecture will be similar in both buildings. FRIEDEL: So my question -- can I ask the applicant a question? Mr. Gurczak? GURCZAK: Can I come up? FRIEDEL: Yeah, please. Is your goal to do both of these at the same time or -- GURCZAK: That's what it kind of looks like it's going to be. I have the other one for an extension. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 75 of 119 FRIEDEL: Right. GURCZAK: Next week, just because we're having issues with engineers that were engineering it. And they're trying to -- well, they're trying to require a three-phase electrical for the building which is just unnecessary. So three-phase require a new transformer at a cost of over 100,000. So I'm actually having new engineers re-engineer it so that we don't have to do all that. FRIEDEL: Okay. GURCZAK: And that's really what the delay has been right now. FRIEDEL: So it looks like you'll be doing both of them at the same time? That was my question. GURCZAK: Oh, yeah. It's going to be about the same timing. FRIEDEL: All right. Thank you. MAYOR DICKEY: Councilwoman? GURCZAK: Is there any other questions? MCMAHON: Yes, I do. If you don't mind I'm going to ask John., GURCZAK: Okay. MCMAHON: But thank you. WESLEY: I'm a little bit confused by the -- not the recommendation. But it sounds to me like you have density issues, you have parking issues, you have the driveway issues, the alley issues; it looks like he's going to have to combine three lots together before he can build, et cetera. We have the requirement that the change be for the health, safety, and welfare of the community but yet under the staff recommendation it says they have concerns about that? Unless I'm reading it wrong. For these reasons the staff believes the establishment, maintenance, and operation of the proposed use applied for will be detrimental to the public health and safety. So to me that's a contradiction. And if this is going to be too high, too dense, et cetera, for that particular area and it seems to me like you've also said that would prefer to have commercial there, unless I'm reading it wrong then I don't know that it's a really good idea to move forward with this. Also, it sounds to me like the town, if it's going to eventually move forward, if not now, later, TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 76 of 119 that you want it to be rezoned versus a special use permit. I know I said a mouthful in all that stuff, so if you need me to say it again, I will. But if you can address those concerns I have, I would very much appreciate it. WESLEY: Sure. MCMAHON: Thank you. WESLEY: Yes. Mayor and councilmember, I'll try to keep track of all those and if I miss any I'll let you know. So going into the planning and zoning commission meeting and the staff report written at that time, staff was a little bit more concerned about the proposal. And did recommend denial to the P&Z for some of the things that you talked about. We learned some things through the discussion at the P&Z meeting and along the way preparing finally for that, that has brought staff along. So we're not as concerned about it as we were. With regard to the overall density. In writing the report and coming up with the number that's on the screen currently, that's taking a very strict approach. And just looking exactly at this land, in actuality some of the parking area adjacent to it probably should be included in the land area going to this because that's what happened in the other commercial. When you do that, you bring it to a more reasonable number, I've forgotten what those numbers were now. I looked at them back before P&Z but it brings it more in line with what you'd expect in the area. Some of the parking concerns that were raised in the previous staff report were addressed by the plat 106 representative who was at the P&Z commission and spoke to some of those concerns and these other plats were better addressed. With regard to the alley, getting that paved, that would be a requirement regardless. That's how they're going to provide access to the driveways. And so that was always something we knew had to be addressed. If he can't do that then the project couldn't happen. Combining the lots is pretty standard. It's an administrative replat process that can be easily done while the building permit is being reviewed and shouldn't hold up the project. That's most of what you said, but maybe not all. I think there may be one or two I missed. MCMAHON: Yes, thank you very much. Are you concerned about the density? Because I think on his last project, and I did vote against it because I was concerned that he was putting TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 77 of 119 so many apartment buildings on such a -- like restaurant slab versus a larger lot and that there wasn't enough community space with apartments for living, et cetera. So also what about the high density of this? Do you have any concerns about that? Do the neighbors have any concerns about that? Do you think this fits in the area where it is? WESLEY: Mayor, councilmember, the neighbors are very excited to see this go residential versus commercial and they hope the rest of it goes residential. Just not seeing more commercial happen here. That reminds me of one of the other things you brought up, that was in the staff's earlier comments. If we could really do it like we would want, we'd take a step back, get these multitude of property owners together addition see if we could have a cohesive plan for how this continues to move forward and see where the uses really fit. Very challenging to do with a number of different property owners that are in the area. So while that would be a desire, it's probably not realistic to hang too much -- or put too much weight on that. MCMAHON: Thank you. I understand that. So the staff is comfortable with moving forward with this? WESLEY: Yes. MCMAHON: Okay. Thank you very much. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. Director Wesley, could you go back to a screen that shows like the facia what these units look like. Okay. Thank you. So just a few questions I'll kind of banter with you over. Is this what? 25 feet in height? WESLEY: Yes. SKILLICORN: And how does that compare to the couple of buildings that are to the west? All the same? WESLEY: They are shorter. SKILLICORN: Okay. WESLEY: The two-story one just north of the restaurant would probably be close to 25 feet. The others are single stories, so I would imagine they're more 18 to 20 feet. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 78 of 119 SKILLICORN: Okay. So the one that's basically directly last, that one's single story? I'm looking at an overhead. I can't see -- WESLEY: Right. SKILLICORN: -- how tall that is. WESLEY: So let me go back to here then. So single story. Single story. This one's a two- story. This one will be a two-story. SKILLICORN: Okay. So typically this is too high density that I'd like. And I know I've mentioned I've got a test with a special lot or a special project. I don't think this is a special project. It's not like a big sales tax generator or this very -- something that we really want in town. It's not bad. There's nothing wrong with it. But the lot is a little bit special because there hasn't been a lot of activity there. And we probably do have a little too much commercial. But the density gives me pause. And I would personally be willing to accept that that test, that this is a special lot and it needs a SUP or something to make something happen if the density in this project was lower. And I know that the density matters to make it profitable and I completely get that. But I don't think the idea -- and what is the square footage on these units? GURCZAK: About 1,650. SKILLICORN: Okay. And it's a two-car garage per person, or we're talking two people for most of them? WESLEY: Right. The one exception is the end unit is a one-car. But they will have basically the parking right in front. SKILLICORN: Okay. So if this was a little less dense I would be inclined to approve. But because of density -- and density is significantly higher than even -- I think there's even duplexes across the street. It's just too dense for me and again, I like open spaces and stuff. This is not desirable open space though. But I'd like to see something developed here, I just want it to look a little less dense. Thank you so much. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: Oh. Sorry. Just making sure it was me. MAYOR DICKEY: Vice mayor? TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 79 of 119 GRZYBOWSKI: I don't have a problem with the density. We have a housing problem in Fountain Hills. We have a housing problem at practically every dollar value area. Something like this, because we've got the higher density means, hopefully, the cost will be down further than it would be say, if it was only three. Our restaurants, our shops, cannot hire local employees because they can't afford to live here. We need this kind of housing. We need to be able to accommodate people that want to work and live in town. I am totally for this and I appreciate that yes, this lot's been there forever and we've never been able to coordinate all of the land owners together to try to get something cohesive. So I hate to say this is better than nothing, but that's kind of what I'm saying. But I'm happy with the density. Definitely. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. I agree with what the vice mayor said. I think this is -- I'm a big fan of this project. Talking with the neighbors in your reportage, that said that they didn't really want a commercial building there and they would prefer just a nice seven-unit housing unit. We do desperately need this kind of building in Fountain Hills. And particularly, I'm very familiar with that area. Its use will be perfect. It would fit right in like a glove. And I just -- it's a very good project and I'm a hard yes. MAYOR DICKEY: Councilwoman? TOTH: I echo the words from both my fellow Councilwomen here. The project looks nice and it's a development project that's supported by residents in the area which is super exciting. 7's better than 14 as far as density goes. I know I'm oversimplifying the topic here but my point being what was the P&Z recommendation for this? WESLEY: For approval. TOTH: And was that unanimous or -- yeah? With that, I motion to approve? FRIEDEL: Second. MAYOR DICKEY: Hold on. Let me close the hearing. We have a motion and a second to approve. Any further discussion? Thank you. Roll call, please? TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 80 of 119 MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: No. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Thank you so much for hanging in there. So we're going to go up now to 9B. I'll open this hearing and this is another zoning. Ah, there we go. WESLEY: B or D? I'm sorry? MAYOR DICKEY: B. WESLEY: Mayor and council. Yes, we're here this evening to talk about chapter 7 of the zoning ordinance. It's not quite as exciting as maybe chapter 6 or 9, but 7's a pretty good chapter. It's about parking. So as staffs been taking the opportunity to look at and see where we get some challenges in the administrative applying the ordinance for recognizing problems with the current chapter 7. So we've got a project over a year ago to review it and update it. So we worked with the planning and zoning commission through several meetings to get their input and come to you now with a recommendation from them. So when we started this process we were mostly looking to remove some errors and inconsistencies that were in the current code, to improve the readability and the flow, update some of the standards. If you took the time to read through the current TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 81 of 119 ordinance, you'd see some regulations repeated in different places which caused confusion. Some things that applied generally that were put in specific sections and so forth. So there were a little bit of challenge from that that we wanted to clean up. As we took the opportunity to review other town ordinances to see how they handled some of their parking situations and then discussed it with the planning and zoning commission, we also recognized that there were some areas that weren't covered by our current ordinance that may be beneficial to the town to include and so we reviewed some of those things with the P&Z commission and they did end up including some of those items that were new or different. So here, just overall, is a outline, present ordinance versus revised ordinance. A slightly changed organizational structure to the code. I'm going to go through each of the sections, review kind of on a high level what the changes are. If there's something specific that we really need to delve into I've got below the formal presentation the actual detailed cross through pieces that we can look at if we need to, but won't go there if there's not a need to. But at any point, as we go through, if you have questions it's probably better to stop and discuss them then rather than try to come back and remember them all at the end. At least that's my opinion. Mayor, if you want to do it differently I guess, let us know. In section 7.01, establishes the purpose for the code. This basically, is kind of like the plan for the section of the code, what are we trying to accomplish with this. So this sets out, again, those basic purpose statements. Mostly, this is just a repeat of what's in the current code, but some things came up again as we were reviewing the code that we then came back and added some wording here in the purpose area. As we came -- as we look at some of the requires paving, wanted to provide a little more flexibility there so added a purpose statement with regard to some of the paving options. But in particular wanted to just make sure we have a safe, efficient, and attractive parking areas. Section 7.02 -- KALIVIANAKIS: Thank you, Ms. Mayor. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 82 of 119 Just very briefly, under the purpose 7.01 you struck alleviate congestion of the public streets. You redlined that? I'm just curious why that redline was included? It seems like a pretty good goal. WESLEY: Yeah. I think it got -- Mayor and councilmember, I think it got moved. I hadn't pulled up the code itself here. Let me do that real quick. I have it in front of me. ARNSON: John, I think it went from the purpose statement to 7.01c. WESLEY: Yeah, it went down to item c in the list. So it just got moved. KALIVIANAKIS: Okay. WESLEY: Is there anything else on -- I'll move on to 7.02, applicability. So this was buried in previous section 7.02 C. We pulled it up and gave it its own full section just about applicability. Basic wording is the same. But we did expand upon some of the wording with regard to how we look at and treat new development versus existing development. So that would be clear moving forward. Obviously, any new development's going to have to meet the requirements of the code but with existing development we'll try to separate it out based on some levels. If you are existing building, you change your use from a retail store to a restaurant. They have completely different parking standards. So that restaurant needs to have enough parking. Buildings have enough parking with it to be the restaurant, so the restaurant go there. If you are expanding your building, we're only going to apply the parking requirements to the expanded portion. We're not going to apply it to the whole building. But if you substantially change a building or have to rebuild it then we would apply the code. So that basically kind of lays out those standards for how we do that in the different scenarios. Questions there? Section 7.03 lays out some general regulations for parking standards. And again, a lot of this was the same. There were some things in here that were duplicates that we removed. Particularly stating what the size of parking spaces would be. We didn't actually change the actual sizes of the parking spaces. We added some flexibility for the town engineer to consider some alternative paving types instead of just concrete or TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 83 of 119 asphalt. And then added a section with regard to maintenance. While the codes -- the ordinance generally talks about maintenance it didn't have anything specific for parking and as we've seen some parking lots in town become deteriorated with potholes or whatever and we didn't have any tools to address that, so putting the standard in here for maintenance allows us to address that. MAYOR DICKEY: Councilwoman McMahon? MCMAHON: John, I have a question. I think it's after surfacing and then it goes to B. Then you hve D and then you have the old C too. It said it's unlawful to reduce the amount of existing parking below the minimum amount of type parking and spaces required by this section. Is that in another section? WESLEY: Yep. That got moved up into applicability and rewritten. MCMAHON: Okay. So it's still applicable then? WESLEY: Yes. MCMAHON: It's just in a different section? WESLEY: Right. So this 7.02C got moved into its own 7.02. MCMAHON: Oh, okay. All right. Oh, okay. Thank you. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. I'll be going that same section, section B. It calls for, I guess, by right, asphalted concrete, concrete pavers, bricks or cement. I guess all of the material to be determined by the town engineer. And I guess, I was just thinking, could we add stone and cobblestones to that section right there? That that would be also an acceptable material to build these driveways with? WESLEY: I see the town engineer nodding yes. KALIVIANAKIS: Yeah, those are pretty common materials. And instead of having to go to the town engineer we could just approve them right now in the code. I think that would be a better version. Thank you. WESLEY: Thank you. Going on. At 7.03. Submittal requirements. This is moved from section 7.02, with just TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 84 of 119 some minor changes. Kept the same standards in for parking garages and access. Requirements for location of driveways. So there's a long list of standards for where a driveway can be placed in relationship to other types of streets and intersections and so forth. This was tucked in the residential driving piece, residential standards before. It wouldn't really apply to all types of driveway, so we moved it to this location. And added a provision in here that gives the town engineer again, a little bit of flexibility. We have the specific standards which generally work but sometimes may not, so we added, again, some flexibility for town engineer to review a specific situation and make adjustments if necessary. MAYOR DICKEY: Councilwoman? MCMAHON: Question. 7.04 C, covered parking. I hope this isn't a stupid question. WESLEY: I'm still in 7.03. MCMAHON: Oh, I'm sorry. I thought you were in 7.04. I apologize. WESLEY: Okay. Yeah. Okay. And here is just a general comparison of some of the changes. We went through all the graphics and updated them. You can see the one on the left it was out of the code. It's been copied so many times it's kind of hard to read. So we had them all redone and upgraded. Now, we're in 7.04. So again we kept -- so before we had a section that covered all design standards, with A for residential and a B for everything else. We divided then now into two sections. So it's a little bit cleaner and clearer about the different standards. So 7.04 now just deals with the residential up to four units on an acre or four units on a lot. And so most of the standards are the same in here. We did make a few changes. One of which is to require a minimum of two covered parking spaces per unit. And so most houses do get built with a two-car garage and that's your two covered parking spaces. It doesn't mean you have to park in the garage, but an impact of putting the standard in here is if you decided to convert your two-car garage into a living space or close it off so it's no longer providing you two covered parking spaces you'd have to provide two covered parking spaces someplace else on your lot which sometimes a lot of situations would be a challenge. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 85 of 119 MAYOR DICKEY: Vice mayor? GRZYBOWSKI: I appreciate that concept that we'd like to limit garage conversions. I appreciate that. However, again, with our price of housing -- while I would never buy a house that didn't have covered parking, there may be people out there that would like to build a house without covered parking. I kind of don't have a problem with it. So I feel it's kind of snooty of us to require covered parking whether it be a garage or carport or whatever. Again, I understand the concept and I watch the median and I've read the notes and I just think it's very snooty of us to say you got to have a garage. KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. I had redlined your redline on that one. I agree 100 percent with the vice mayor. I don't see why we have to mandate this. If they want to have a covered garage, let them. If they don't, they don't. I don't know why we're getting involved in this. And yeah, if I were going to do an amendment, which I would right now on 7.03 as far as the materials, I'd like to include this requirement to be stricken. MAYOR DICKEY: Councilman? SKILLICORN: Madam Mayor, Director Wesley, give us the background of this particular role. I'm not saying I'm against it. But I want to honor their request and see what your thoughts are and I'm sure it's not -- your grandfathered in if you already have a property without. And I have a feeling then intent's more about people not converting garages into living space but share with us the intent behind it. WESLEY: Mayor, councilmember, so the main intent is maintaining or establishing a certain level of quality. Homes with garages typically are higher value, higher quality. And oftentimes when you enclose that garage, it's not necessarily the most attractive streetscape appearance at that point. And so that's the basic reasons for it. SKILLICORN: And a carport is covered also. So it's not necessarily a garage. WESLEY: Right. SKILLICORN: Other municipalities, do they require this nowadays? WESLEY: A few do. It's been long enough now, councilmember that I've looked at that. I don't remember what numbers, I looked at half a dozen or so different ordinances and TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 86 of 119 I can't remember how many had it, but at least one did that we pulled that idea from. SKILLICORN: Okay. I'm thinking about a new construction permit has that. This is not a hill I would die on but I don't mind keeping it in. So I don't know if there's four votes that want to remove it. FRIEDEL: Question for you. Most HOA's I think require covered parking. Not all, but I think a lot of them do, at least up in our area. WESLEY: Food for thought. GRZYBOWSKI: Well, and that's an HOA thing. If you have a garage, you're expected to park in your garage. You're not allowed to park on a street in a couple of our areas. Which is fine. But again, I feel like it's very snooty of us, whether you're talking carport or you're talking a garage, it is snooty. I don't know what other word to use other than snooty. MCMAHON: I think it's fine, the requirement. I understand why you want it to aesthetic purposes and all the other reasons you stated. And here's my -- basically, might be an ignorant question. Number C, it says covered parking. A minimum of two covered parking spaces shall be provided per unit. So is that in the development, in the planning stage? There's no maximum number for that? I mean that's the normal amount per unit, right? WESLEY: Yes. Mayor, councilmember, the zoning ordinance requires two parking spaces per residential unit for a single family. For multi-residence, studios and one- bedrooms requires 1.75 and above that requires 2 but they also require a quarter of a space for guest parking. So basically everything works out to at least two. And so those two spaces would need to be covered. MCMAHON: Okay. So -- WESLEY: That's what I'm going to say, you can have more above that, there wouldn't be -- MCMAHON: Okay. Thank you. So if it's required and you're being consistent in the code about having covered spaces. WESLEY: So later when we get down to 7.06 and talking about the required spaces, it's TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 87 of 119 going to tell you have to have two. There it doesn't tell you if they're covered or not. This is what establishes them being covered. MCMAHON: Okay. Thank you very much. So how do we adjust the -- when we vote on this, do we need to -- how do we address this? Whether for or against the covered spaces. MAYOR DICKEY: Well, at this point, so I'd like to leave it the way it is. So I don't think, I'm not sure, but in looking and I'm not sure that there's support for changing this. But I think the surface one, I think that's just something that's understood. Would that be -- unless we start getting in any more nitty-gritty. ARNSON: No, we don't want to do that. It looks, we got general consensus to add the cobblestone, 7.03B. I'm not getting consensus for eliminating 7.04C. So if that's -- I'm getting a bunch of head nods. MAYOR DICKEY: Okay. ARNSON: Okay. So we just -- MAYOR DICKEY: And was it cobblestone? Was there something else, Brenda? KALIVIANAKIS: Stone and cobblestone. MAYOR DICKEY: Just stone and cobblestone. ARNSON: Stone and cobblestone. MAYOR DICKEY: Okay. Yeah, I don't think we need amendments for that. WESLEY: Okay. The other item in 7.04 that we have is, adding a provision that would allow for tandem parking, which is a car parked behind another car. When you've met your parking requirement, if you have excess and you want to do tandem, then that would be allowed in the situation. And that's it for basically the single family, up to four-plex. So moving into multiresidence and nonresidential uses. Again, most of the provisions are the same. We did again add a requirement for covered parking for multiresidence and then also for offices if you have got ten or more office suites in a building then provide one covered space per office. Again, to provide a little bit higher level of quality for residents and occupants of these buildings. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 88 of 119 We also added a provision that when you've got a larger parking field, so that you have kind of a main drive to not have parking spaces that would back out right in that area close to the curb or have another main drive aisle that connects too close. Establish a minimum 30 foot distance. That's for traffic safety as cars are making those different turning movements so they can clearly see each other and make those movements safely. And one other change here too is, it's not clear on the current ordinance but we want to make it clear that when you have drive aisle with no parking spaces on either side that that can be as narrow as 20 feet. Otherwise, in section 7.05 we consolidated all the landscape standards that were spread in two different places. The width and number of driveways was not changed substantially. Screening, lighting, handicapped parking spaces. Tandem parking was already provided but we clarified it just a little bit. So those were the changes that occurred in 7.05. In the we get into 7.06 which is the schedule of required off-street parking spaces. We have a provision in our TCCD zoning district, town center development, that allows for calculations of shared parking for mixed use. We thought that that could be beneficial. In other mixed uses we start to see it around the town. So we made reference to those shared parking calculations could be used for other mixed use developments. We clarified some language regarding parking in the common commercial zoning district. Clarified that if you got a business that has a lot of vehicles that are part of your business that those spaces that are for your commercial vehicles are different than the spaces you need by code for customers and employees. Added to provision 4, a maximum number of paved parking space. So the table that follows sets the minimum number and historically, some commercial establishments have said I've got all this land, I'm just going to pave everything that's not got a building on it, and made these big parking lots that mostly don't get used. And so this establishes that a maximum amount of parking so that we don't get too much of that overbuilt parking area. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 89 of 119 The parking tables themselves were totally revised. Mostly looking at the standards in terms of something that was more workable or enforceable. We had a number of the standards, for example, were based on number of employees. And that can fluctuate so much, we got rid of all those and tried to put in standards that were a lot more measurable, easier to use. We looked at both national standards and what other Valley cities were using and compared them to our own code. So for most of them it's hard to draw a direct comparison of what the standard was and what it will be. But certainly any existing businesses is fine where it's at. We think the standards are pretty much the same as you would work them out. But it would be very difficult to go through and say exactly what the difference would be. So I have the full table here. I don't plan on talking about any of them. I will just kind of click the button here slowly. If somebody has something that they notice as they look at it that they want to talk about what the standards would be, we can certainly stop and look at them. We tried to come together with some classifications of uses that we think will serve the town well going into the future as we try to look at maybe redoing the zoning ordinance in terms of use categories versus individual list of uses. This section also includes off-street loading provisions. We talked about some amendments here that would provide a little bit more of a guest loading spaces for drop-offs and different types of uses. As you see maybe more Ubers and Lyfts or more rideshare kind of things. There was a need for more of those kind of loading provisions. The commission determined that what we have covered that adequately so there weren't any changes there. We did add a provision to require some minimal bicycle parking spaces. If you've got more than 20 vehicle spaces then we start looking at need for 1 bicycle parking space per 10 vehicle spaces up to a maximum of 20 bicycle spaces. And then we also added a provision to begin getting people to think about electric vehicle parking. Simply requires that in their construction process they look at what capacity would be needed in their electrical service so that if they were to add some electrical vehicle spaces that would already be sized for that use because it would be TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 90 of 119 very expensive to come back and do it later. And in their construction to show where they had the raceway and where they would anticipate putting those electric vehicle spaces. And get that basic infrastructure understood upfront. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, when I found this one in our agenda packet I wasn't too impressed. I would like to get rid of both, sections I and sections J. We're not talking about municipal parking lots. We're talking about private parking lots, correct? WESLEY: Yes. KALIVIANAKIS: And so we're adding a burden to anybody what wants to open up a business, a mall, a strip mall, whatever, of making them the private sector accommodate bicycles. Which they might want to do because they might want to attract that have bikes and then, again, when we invented the internal combustion engine they built gas stations to service the electrical and power needs and I don't see why adding this burden onto a private developer to start putting infrastructure for electric cars is any of our business. I just think that should just come out. That's wrong. I think that the private sector is going to have to deal with electric cars in the future and I don't think it's our job to mandate them building charging stations on private property. It's ridiculous on its face. MAYOR DICKEY: Councilwoman? TOTH: Thank you, Madam Mayor. I do echo what Councilwoman Kalivianakis mentioned. My only hesitation would be taking out the I.2 which would be the design requirements for the bicycle parking facility is what we're calling it, bicycle parking facility. Only because I would want to leave in there that if you are building a bicycle parking facility that it should be in a high activity area, highly visible, active, well-lit, without interfering with pedestrian movements. I hesitate to remove that part of the language. The requirement itself, I would agree with removing the requirement and I would echo that same idea when it comes to J. Of removing J1 and the exception, since there doesn't need to be an exception to a rule if TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 91 of 119 we don't pass it. But to keep, I believe, keep J2, to keep a standard for if that were to be built. Now, with that I'm not making a motion or anything yet, I do want to hear, John, your input on that if that would provide clarity. If that is making it more confusing because I'm keeping part and not the whole. WESLEY: Let me read just as little bit here and think and I'll give you a response in a second. TOTH: That's all right. Thank you. WESLEY: So with regard to the first one on the bicycle parking, I think we could do that fairly easily by just getting rid of that first one and then simply saying if you are providing bicycle parking here are some basic standards to deal with that. I think that would be very doable if that was the direction of the council. On the other one, it was very complicated. The commission looked at several different options for how we might handle this particular item. And I guess my feeling there is 2 by itself in this case really doesn't really do that much for us. If you're not doing 1, you might as well just get rid of the whole thing. TOTH: Okay. Thank you, John. My personal opinion would be to agree with Councilwoman Kalivianakis that requiring it, I feel a little iffy about that. If it's best that we not leave in part of that language to give guidance for when they do build it then in that case I believe that I would -- I'd be voting to approve the parking and loading requirements with the removal of -- what are we at? 7.06 I 1 and 7.06 J. WESLEY: In addition of cobble and stone? TOTH: In addition of the previous direction, yes. Thank you. MCMAHON: Can I talk? MAYOR DICKEY: Yes. MCMAHON: John, I hear what you're saying Brenda and Hannah. However, being on the board of the Valley Metro. Valley Metro Transit is going all electric for clean air purposes. In fact, there will be a luncheon with awards given out about the success of their clean air. The fact of the matter is many car dealers are going to electric vehicles. In fact, we're not in California but I think by the year 2035 or something, they're not TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 92 of 119 going to -- right now they're saying they're not going to have gas. I think it's very much a convenience and convenient for, and a simple thing, for new developments to have access to provide their customers with electric charging stations. We're pretty far out here and when people come out they are going to need to have more than the two spaces up here at the community center to charge their vehicles especially when we have the art show, et cetera. As far as cycling, I would like to keep that in. We are a community where there's a lot of cyclists, there's a lot of hikers, et cetera. I don't think it's an inconvenience to require that. I think it says a lot about our community and forward thinking about the environment, air quality, et cetera. So I am more inclined to keep those in versus taking them out. Thank you. MAYOR DICKEY: Councilman? FRIEDEL: I would agree that they be removed and let me tell you why. I think the private sector and competitive market forces dictate what happens on private property. And if a developer wants to put them in, he can make arrangements to do that at his own option. We don't need to be telling him what to do. And secondly as far as biking, I do a lot of biking in this community. I've never seen anybody take a bike up to Safeway or Fry's or Bashers or any other store in this town. Or even any of the strip malls. I see competitive cyclists on the weekends, they'll stop at the Circle K and they'll refuel and then they'll go on about their way. We don't have people that ride bikes to the grocery stores and other things. So I would be for removing that too. And again, if they want to design it, they have the option to do it, that's up to them. MAYOR DICKEY: Councilman? SKILLICORN: Madam Mayor. Director Wesley, I've been waiting all night to tell people I rode my electric scooter here. No, I want the record to reflect that. I have to concur. We'll take this out and let the private sector -- they want to have that, more power to them. That's fine. And they probably will be building with it but we don't need to require it. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 93 of 119 MAYOR DICKEY: Councilwoman? Vice mayor? GRZYBOWSKI: It's okay. Regarding bikes. The reason why nobody rides their bike to the store or wherever now is because there's no place to lock your bike up. I'm pretty sure that I have the only official bike -- no, there's a couple of bike racks on the Avenue now. There's minimal number of bike racks in this town. I have had a number of people ask me where they can find them and why don't we have them. But I can assure you if you build it -- God, I hated that movie. But if you build it, they may ride their bike. Regarding the EV charging. I appreciate the comments and I don't care if we remove it. But I feel like if it's -- I feel like most areas are going to that in their ordinances now. You can correct me if you looked into that. But the reason why I think it's beneficial on the front end is because there's less disruption when they want to add them later. Went to my doctor's office and this massive area is closed because they decided they needed to added two or three EV chargings upfront and that disrupts the handicapped parking. That disrupts all sorts of stuff. So I feel like if we ask them to install it for future use, we're not telling them that they have to hook it up now. We're just asking them to run the electric for it. But the bike spaces, I feel like that is a solid. We have to put it in there. We want to be a walkable community and our walking paths don't connect anywhere. So let's be a biking community where they can bike. Our biking lanes are getting so much better and so much more well marked and then they can get somewhere and park their bike and go to the store or maybe go have a beer and then go home or whatever. But I feel like we cannot remove the bike parking spaces at all. I feel like that needs to stay in. MAYOR DICKEY: I have a question about providing electrical capacity. What does that actually mean and do you know what it would mean in cost or what is it? WESLEY: So Mayor, I can only speak briefly about it because it gets beyond my technical expertise. But as you design and build any building and you plan for that electrical load that's going to go on, you put in your electrical panels, there's a lot of cost involved there. And so if later, you're going to add electric vehicle charging, it's quite an expense to upgrade that panel to that larger load. So that is, if you consider that load upfront, so TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 94 of 119 it reduces the overall cost to provide it earlier. It's just getting that capacity built into the electric panel. MAYOR DICKEY: Okay. So then you're not putting -- WESLEY: But the cost, I cannot tell you anything about that exact cost. MAYOR DICKEY: You're not doing anything external, whatever. You're just ready in case. So I mean, again, I think I would prefer keeping them both but I think it's -- we keep talking about the private sector although we're going through this one by one making requirements on everybody but also just because this is sort of environmental it's all about the private sector. So it's kind of -- anyway. I'd like to keep it but it sounds like most people don't; is that correct? Okay. We don't have to vote on that. ARNSON: Well, I guess the only point of clarification that remains is, we were talking about keeping in 7.06 I 1. Are we keeping -- MCMAHON: I 2. ARNSON: Or I 2, excuse me. Are we leaving that one in and striking everything else from I and J? Or are we just striking everything from I and everything from J? That's the only real point of clarification. MCMAHON: John, could you put that slide back up, please? WESLEY: Which -- let's see. The slide about the parking? What we're just now talking about? That's actually way down here. Went too far. Went too far. Yeah. So there is electric vehicle and there's the bicycle parking. MAYOR DICKEY: So Hannah, what you had said was to take which one of those two out? The 7 or the I 1 or the I 2? TOTH: It would be I 1 that's removed, because that's a requirement and then I 2 has that guidance on what to do if you do have one. MAYOR DICKEY: Okay. WESLEY: So Mayor, to implement that, there will probably be some other slight wording changes to make the statement flow. But we understand what the direction would be. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 95 of 119 KALIVIANAKIS: If I may? It's just a little confusing because under 2, if we keep that, it's referring to required bicycle parking facilities but there's no required bike. So you're going to-- WESLEY: That will be part of the minor wording changes. KALIVIANAKIS: You're going to clean that up? Okay. WESLEY: If bicycle parking is provided, here are the standards. KALIVIANAKIS: Okay. Perfect. Thank you. ARNSON: So it sounds like the consensus is remove 7.06 I 1. Remove 7.06 J. MAYOR DICKEY: Yes. ARNSON: Thank you. TOTH: Do we still need a motion to approve the rest of it? ARNSON: No. Unless he has more -- unless John has more. WESLEY: No. I'm at the end. But this is a public hearing so I'll -- KALIVIANAKIS: How about a motion to approve -- MAYOR DICKEY: Wait. We have to see if we have any cards because it's a hearing right now. MENDENHALL: No, Mayor, we don't have any cards. MAYOR DICKEY: Okay. SKILLICORN: And Mayor, I do have a question for Director Wesley. MAYOR DICKEY: That's okay. SKILLICORN: A while back we talked about -- so in our parking lots we have a little bit of urban camping going on in cars in our parking lots. And if we're going to go through this I kind of wonder about amending and adding it. But where would we stick something like that? A prohibition on residing in a vehicle in one of those lots? WESLEY: Mayor, councilmember, given some thought to that to try to figure out how to do that and so far I haven't come up with a very good solution to that. If a property owner is allowing it and it's not really getting hooked up to utilities or in a way really becoming a formal place somebody's residing, there's some challenges there. If it stays in one spot for too long, doesn't get moved, then we could call it storage and you'd have TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 96 of 119 to screen it. But then you just move it a couple of spaces every once in a while. So we're trying to think of a way to get -- SKILLICORN: I mean, I think like overnight and residing or habitating pretty clearly defines it. And it is a necessary to go on and I just -- I know we spoke about it but this is the opportunity to stick something like that in. Now, we can put something like that in and if we don't like the way it flows, then we can amend it later but I think it would be a good idea to put it in. MCMAHON: Can I talk? MAYOR DICKEY: Yes, Councilwoman? MCMAHON: We're talking about private property right? WESLEY: Yes. MCMAHON: So we really can't regulate that on private property. Also we've already addressed that with the camping and things like that. That's a completely different issue than what I believe what you're trying to accomplish here with this particular ordinance. So I'm not writing that in at all. GRZYBOWSKI: Track 208 does have a rule or whatever it's called at that level where there is no overnight parking. And because we, as a council have been approving the multi-use, what they're having the residents do is come and apply for what I'm calling a permit. I don't know what they call it. That way they can track the ones that are there overnight. And there's a lot of tattletales and my husband and Betsy all get the emails whenever somebody's there overnight. So I know track 208 has something that they work on and enforce regularly. MAYOR DICKEY: Yes, Councilman? SKILLICORN: And I understand there's certainly businesses that, the automotive business people drop off their cars or something like that. But that's not what we're talking about. We're talking about specifically residing and I think we've all heard the stories of one of the parking lots south of Shea that has a lot of this going on. I think it's a prime time to address it and I just don't know where we want to stick that in. I mean, we do have the ability to regulate that kind of parking. Obviously, we don't want to ban TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 97 of 119 all overnight because we want to be able -- someone needs to drop off their car to get their car worked on, we want that. But this is different. These are nonresidents. They're coming in, residing, and -- MAYOR DICKEY: We don't know that. This is -- you just finished saying that private people are smart enough to put electric in if they want or put bike lanes in if they want, but now they're not smart enough to decide what they want to do with their own parking lots because somebody is sleeping? If they're allowing it, they're allowing it. They don't have to allow it. SKILLICORN: But it doesn't have to be a detriment to the rest of the town. So that would be a requirement of mine to pass this and I'll need an amendment for that. MCMAHON: Again, I don't think that that has a place here in this particular parking ordinance. I think as far as town goes on our property, we already have no overnight parking and all of that. I just don't think it's applicable. I don't see how you're going to be able to enforce it. MAYOR DICKEY: And while we're at it, why don't we talk about cars that are parked with ads on them and such. This is not what this is for and I don't think anybody in the public would have expected us to be having this discussion about this at this time. So I don't know -- SKILLICORN: Madam Mayor, actually that's something that we could talk about but during the, like, the sign. I think it's appropriate. Are we looking for a motion before we close the meeting or close the hearing or no? MAYOR DICKEY: Well, at that -- no, it's fine that the hearing is closed. But that just means no more public comments. So it's -- I guess, if there was people who wanted to comment on this particular aspect of it, they wouldn't be able to now, because we have a motion. I guess, Aaron, we haven't been doing amendments or that kind of thing until now, but I guess if you want to see if you're getting some kind of a consensus? ARNSON: Right. Well, if there is support for it, let's talk about it. MAYOR DICKEY: Support for -- ARNSON: But I haven't heard any. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 98 of 119 SKILLICORN: Has there been a motion yet? ARNSON: No. KALIVIANAKIS: I think -- MAYOR DICKEY: I thought there was a motion on the -- and I stopped you real quick. There was a motion but I said wait, wait, wait. And then I closed the hearing. SKILLICORN: Has the motion been seconded? MAYOR DICKEY: Yes. For the -- GOODWIN: I only have that -- I have that Councilmember Toth made the motion. And then you mentioned there's no speaker cards and then Allen wanted his comment out before a second. GRZYBOWSKI: Yeah. MAYOR DICKEY: It never had a second? So is there a second for Hannah's motion? GRZYBOWSKI: So as I understand it, the motion was to approve as written, adding the stones and the cobblestones and removing 7.06 I 1 and 7.06 J. ARNSON: Yes. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. So now would be the time for an amendment. SKILLICORN: I'd like to make a motion to amend as to add a ban on habitating (sic) in a car overnight in a publicly accessible parking lot. ARNSON: Okay. So we would need a second. TOTH: Am I allowed to ask a question before I -- ARNSON: Yeah. TOTH: Okay. Aaron is that raising any red flags for you? ARNSON: My preference, I'll be honest with you. Since I don't know what the language would look like. My preference if it's the direction of council would be to continue to explore it because as I sit here today, I don't know what the language is going to say nor do I know what the repercussions are going to be. TOTH: Okay. TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 99 of 119 ARNSON: So I would prefer that we not do it. But if you want to make the -- if you want to second it and see where it goes, that's fine and we can tinker with it and see. TOTH: I would rather we explore it and vote on this part and then maybe bring it back later once we have more info. MAYOR DICKEY: Thank you. So we have a motion and a second. Roll call, please? MENDENHALL: Councilmember Skillicorn? SKILLICORN: Permission to explain my vote? So without some basic protections for our residents, and some prohibition of people camping in these lots, I've got to be a no. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: And just so I know what I'm voting on, this is going to be the motion with the amendments that the vice mayor added? Okay. GRZYBOWSKI: Yes. KALIVIANAKIS: Then I would be an aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Our next item is I think our chief is going to probably present. Is that correct? GOODWIN: Correct. MAYOR DICKEY: All right. It's about our IGA with the City of Mesa for the MRDC. OTT: Good evening. How's everybody? TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 100 of 119 MAYOR DICKEY: Hungry. OTT: All right. MAYOR DICKEY: Starving. OTT: We've got pizza coming. So the item we have is the intergovernmental agreement with the City of Mesa for being dispatched by Mesa Regional Dispatch Center. This is kind of part 1 of part 2 for the dispatch side of it. I did not bring my wagon wheel slides that I've showed you before that showed the relationship between the MRDC and the TRWC. So we applied for dispatch through the City of Mesa back in November and through a few working groups in getting it through the Mesa City Manager's office. Finally in August, we were approved for dispatch by the City of Mesa. So it's been kind of a long drawn out process to get to this point. Part of this is the IGA which will allow them to dispatch us. That will be the agreement between the town and the City of Mesa for that part of it. As I mentioned, the second part of that is the membership in the TRWC, which is the Topaz Regional Wireless Co-op in Phoenix. It's a consortium. So we went through, looked at what our options were. Our best option is being dispatched by Mesa. It puts us in the group that we kind of align with, with the East Valley cities. It puts us in alignment with the East Valley fire department on this side. We're right on the border of dispatch between the Phoenix Regional Dispatch center and the Mesa Regional Dispatch Center. Phoenix is a much better fit for us. It's a little bit less expensive as we do it. I imagine it's a -- we're looking at about roughly $190,000 a year. Part of that cost is the price per call that we pay, which is roughly 10 to 15 percent lower than what Phoenix would have been. There are also some other infrastructure cost in there. The price per call would be billed on a monthly basis. We've got some computer-aided dispatch terminals, some MDTs, mobile data terminals. There's a fee for that. That's a quarterly fee as we move into the TRWC membership. The TRWC actually manages the infrastructure for the dispatch side of things. So there'll be roughly a 65,000 to $70,000 TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 101 of 119 a year cost through the TRWC as well. But that brings us down to really state of the art dispatch, which we did not experience before. It has a better level of safety ingrained into it for everybody that's involved with it. This is one IGA with the City of Mesa. We'll be bringing by two more. One will be for vehicle maintenance. One will be for just a letter of agreement for radio maintenance. We'll have the TRWC IGA that we'll be bringing back and then we'll also be bringing an IGA with mutual aid agreement with the ?City of Scottsdale. So this is kind of the first one. We're trying to get it all lined up before you went on summer break so that we can kind of keep things moving on that. The way that the wheels moved to get there we did not have that prior to that, so if you've looked at any of the agendas it's kind of been moving. The TRWC, I was hoping to be able to bring tonight as well. It's up for the vote for the executive board and the executive board only meets every third month and they haven't been able to get a quorum. So we're on the agenda for November. So hopefully I'll have that for you. It's kind of cutting it close but there's no opposition for the membership in the TRWC. So with that, if there's any questions I'll be glad to -- GOODWIN: Chief, I just had one clarification. It's late and it's possible that I may have misheard you. I wanted you to clarify that the Mesa Regional Dispatch is less expensive and provides better service to us than the Phoenix one; is that correct? OTT: And if I finish that thought in my head, yes. GOODWIN: Okay. OTT: That is correct. GOODWIN: I just wanted to make -- I may have misheard you but I just wanted to clarify. Thank you. OTT: It's a better fit. It's less expensive, kind of all the way around on the Mesa side than the Phoenix side and Phoenix had a lower resistance to wanting to add to their dispatch center. And if you look at it, they have the bulk of the departments in the Valley. There's 23 or 24 departments that are dispatched by Phoenix, opposed to 7 that are dispatched by Mesa. So that's kind of -- again, it's a better fit for us. It's a better TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 102 of 119 price point for us on that side of the public safety aspect. MAYOR DICKEY: Councilman? SKILLICORN: Madam Mayor, Chief. One question about ambulance calls. Do we have an opportunity to bill our ambulance service for the calls or are we just going to pay for that just like it was a fire call? OTT: On the ambulance side of it, we've got a RFP for ambulance service. And those contract come in for review the 28th of this month. Typically with going with a private ambulance company opposed to a municipal department, the ambulance portion of that, we've got some language in there that we would be able to bill for things like having our fire department paramedic ride in with the ambulance company because they'll bill back the insurance company for that. SKILLICORN: Um-hum. OTT: We also have some liquidated damages in there if they can't meet our response time that we set up in the contract. But as far as billing for that call, with a private ambulance company that's not really an option for us. If we were to move forward with our own municipal ambulance department, our ambulance portion of the fire department, we would be in control of that. SKILLICORN: Okay. So that's an additional disadvantage because currently because the ambulance is a profit setter the call would be not a big deal but we're going to basically be subsidizing our ambulance provider in the future with these calls. So okay. You answered that. I will vote for this because we are basically stuck with this. We have to have it. But I do want to make a note that I still believe that prematurely leaving Rural Metro, is going to be more expensive than the alternative and probably in the long run it's a mistake, but we don't have a choice. That ship has sailed. So I will be approving this. MAYOR DICKEY: Dave would you like to talk a little bit more about that ambulance, please? I think it was misunderstanding. OTT: Yeah. Currently, the municipal department will not have the ambulance service. It will be -- when I say contracted it's not a dollar amount that we'll be paying the TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 103 of 119 ambulance company that gets awarded the bid. It's really a contract for the service that they'll provide us. We can outline some things in there and Rob Derman, our procurement officer wrote a very good RFP that went out to the ambulance companies. We're stuck in a little bit of a disadvantage in that there's really only two companies that have the certificate and necessity to provide ambulance service in this area. And when I say two, GMR owns four companies that have the CON capabilities and then Maricopa Ambulance is another private ambulance company as part of that. So our pool for getting ambulance companies to kind of pick up our bid is relatively small. And things that were in the bid or the RFP are some things that are typical and that would be condition of the ambulances so that we're not stuck with a 20-year old ambulance that's got a million miles on it. That we're getting newer equipment. That they have equipment that's compatible with the equipment that we have for our heart monitors, for our electronic patient care reporting forms and those types of things. We also wrote some things in there for liquidated damages if they can't meet the code 3 response time. If they can't meet the code 2 response time. They do have some flexibility to run their own business. There are some things that they would also subsidize us on. As I mentioned, if we have a paramedic that rides into the hospital on that call, they'll end up billing the insurance company. We would get that money back from them. So really when you have a private ambulance company providing your services, those are the money generators for you as a municipality, is liquidated damages for them not being able to meet their contractual response times. Also billing for any other services that we provide them that they would then in turn bill the insurance companies. So I don't know if that kind of gets us where we're going? Our option would be, as many other Valley departments have done, they've started their own ambulance service. It's going to be an increased cost but it might be a cost benefit in the future. There's something that we need to put in place to be able to do that. But that's always an option for us moving forward. And part of that is driven by the lack of response from the private ambulance companies and part of that might also be because there's such a TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 104 of 119 monopoly for one of the bigger players in the game. MAYOR DICKEY: All right. We're not subsidizing anything. We're just not -- it's not going to be an income generator for us unless, except if we bring paramedics in or they don't meet the contract. But we're not subsidizing anything. OTT: Right. MAYOR DICKEY: The only thing -- if the ambulances are staged at our stations will we get anything? OTT: Well, the overall thought was that we were not going to put the private ambulance company that was not tied to the fire contract into the fire stations. MAYOR DICKEY: That's what I thought. I was remembering. Do you know where you think they would stage? OTT: There's a little bit of retail space available -- MAYOR DICKEY: He's looking at Amanda. Okay. Well, just so it's clear that, you know, it's just -- and some of the cities that are just turning in to doing their own ambulances services it's a big deal, it's a big thing to take on but eventually it is a money maker. But we're not giving money to the ambulance companies? OTT: Correct. And as far as the calls go, if you called 911 and it generates a call for an ambulance that cost of dispatching that ambulance is billed into our call because it's really our responsibility to provide the level of service for our community. MAYOR DICKEY: Councilwoman Toth? TOTH: Councilmember Kalivianakis can go first. I was just going to move. KALIVIANAKIS: Thank you. Yeah, I just wanted to kind of state what Allen just stated. As a candidate for this job I was against departing from Rural Metro. I'm going to vote for this tonight and probably going to rubberstamp all the rest of what it's going to take to this Fountain Hills fire department going. But I concur with my colleague. I think for making the mistake that eventually years later might come back to haunt us. And so I just want people don't -- even though I'm voting for this, it's with great reservation. MAYOR DICKEY: Councilwoman? TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 105 of 119 TOTH: Chief Ott, I want to thank you for being wonderful. I mean, the amount of information that you're able to provide on this topic is absolutely astounding. And it's clear how much you care about this town. It's clear that we're in good hands with you. So I just wanted to start off by thanking you and then with that, motion to approve the IGA with the City of Mesa for fire dispatch services through MRDC. SKILLICORN: Second. MAYOR DICKEY: Thank you. And I just want to say that we went through obviously a assessment that was a professional assessment with a lot of information and between that and what Chief Ott has been able to do, and saying Chief Ott Fountain Hills Fire is what this is all about. And to say that you have a feeling it's going to end up being worse off when we have all the facts and figures, studies, modeling that it will not be is not a really good accurate thing to say because you're just -- you are imagining that will happen when you have no basis to say that at all. And he is our -- are you are first fire -- Fountain Hills fire staffer right now? OTT: I am. MAYOR DICKEY: Well, there you go. OTT: Department of one. MAYOR DICKEY: And he has one place that he's working for and that's the Town of Fountain Hills. So we have a motion and a second. Can we have a roll call? MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Councilmember Kalivianakis? TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 106 of 119 KALIVIANAKIS: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Thank you, Chief. OTT: Thank you. If I could add one thing? I know it's late and I don't want to draw this out anymore. However, one of the things that we looked at and one of the decisions that was a driving force in canceling the contract was the stability of Rural Metro and they are currently up for sale again. Which will -- in the last, I think 11 or 12 years will about the fifth time that they've been sold. And there's some concerns about that. They are also looking at eliminating ambulance services out of the fire portion of the contract or the services that they provide at this point. So that was a driving force was some of the stability behind the company. So I would like to think that it's my job to keep us within the boundaries of what you've kind of given me to take as the direction in a number of areas. I hope that you will think that maybe your thoughts tonight were a little premature and that we're really a strong municipal department. FRIEDEL: Chief Ott, I want to thank you for what you've done to spearhead this for the town and I think being proactive in this case is going to prove to be wisdom down the road. So thank you. OTT: Thank you. MAYOR DICKEY: Not to mention we wouldn't have had any mutual aid. Hi Justin. We're ready to talk about purchasing HVACs. Or maybe not purchasing them but -- yeah, it is. Purchasing agreement. Thank you. WELDY: Madam Mayor, councilmembers, I appreciate the opportunity to be tonight's last speaker. I'm going to take a minute here to give thanks where thanks is due. Oftentimes we don't have an opportunity to do that. I will say without doubt that the current facility staff we have, including the supervisor and the two plant mechanics are second to none and we are very lucky and fortunate to have them. As a result of these TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 107 of 119 talented individuals we have discovered an incredible amount of previously unknown information about our facilities and a lot of that is related to the heating ventilation and air conditioning. You'll note in my staff report that I never called anybody out but the previous vendor that had taken care of this, in these professionals' opinions that work for us, had become complacent and we had several issues that were simply not being addressed. Being a little bit concerned and working with the town manager as the selection process was moving forward to eventually replace the previous one, we entered into agreements for smaller dollar thresholds. You'll note that this is a fourth amendment to a contract in a short period of time. The primary reason behind that is we did not want to get locked in and create challenges, not only for the town manager but staff in this elected body should we not decide to proceed. We have gained incredible confidence in this organization through the due diligence of the staff. And we are now coming back to ask for a much larger amount of money. The basis maintenance just to care for what we have, keep it oiled and operating, is just about $50,000. The balance of the money that we're asking for is to cover some equipment that we feel is either likely going to need to be rebuilt or simply fail. This equipment not only cools the town hall but the community center and the library. I'll give you an example. We had a short outage for just a very short period of time during the hottest part of the year most recently that created very uncomfortable conditions not only for our visitors but our staff. So as you're considering this, keep in mind, we do not intend to spend any of the owner's allowances, how I'll refer to it, above the contract unless it absolutely necessary. But at the same time, when we have one of these failures we have very little time to react and supply chains are still quite challenging. I'm simply asking that you trust and allow the town manager and I to make that decision with this amount of money above and beyond this contract to do what's right for the town hall campus, the residents that utilize these facilities, and obviously the staff that's in it for a reasonable TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 108 of 119 amount of time day and night. With that, I'll answer any questions to the best of my ability. MCMAHON: I'd like to make a motion to approve amendment number four to co-op purchasing agreement 2022-062 with Mesa Energy System for HVAC maintenance and repair in the amount of $85,000 annually. TOTH: Second. MAYOR DICKEY: Thank you. Councilman? SKILLICORN: Madam Mayor, Director. What was the -- tell us about this outage. WELDY: Madam Mayor, councilmember. One of the three compressors that we have that operates the chiller went down due to some technical difficulties and quite honestly, its age. At that time the water temperature was allowed to creep up while we were working on a solution to try and bring one of the other two online and handle some of that balance. SKILLICORN: Are you going to need to replace that unit or -- WELDY: We rebuilt that unit, sir. SKILLICORN: Okay. So it's already been done? WELDY: Yes. It's rebuilding that one of three was approximately $16,000. And that came out of the operating fund. SKILLICORN: Okay. And then I don't see any bids on this? WELDY: This particular project is actually a cooperative use and the underlying agreement with this, I believe, is the State of Arizona. So the State of Arizona did the bidding process on this one. And we are just taking advantage of that process. SKILLICORN: Wouldn't it be our due diligence just to try someone else? WELDY: We certainly can. We have in the past and I think I explained earlier tonight the challenges that we faced with getting locked into that. But absolutely. There are several HVAC vendors out there that we can look at. Numerous cooperative agreements and/or release our own request for proposals. If that's the direction that the council would like to take, we can certainly explore it. SKILLICORN: Thank you very much. I don't feel comfortable with no-bid contracts. So TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 109 of 119 I'll be a no. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: Isn't that kind of the entire point of what I assume is an IGA? The state did that for us and we're getting the best deal based off of what the state was able to negotiate which prevents us from spending staff time sending -- trying to do this all ourselves. This is customary that towns and cities do, correct? WELDY: Mayor, vice mayor, the state conducted the competitive process. So the state released an invitation for bids and went through their entire process there. There was an elimination, a selection, and then obviously the board that represents the state elected this vendor through that process. So there was a bidding process that has already taken place. MAYOR DICKEY: And in general when we are able to piggyback on these huge other contracts, like we do with some larger cities that, in general, is a better deal for us overall than we could ever do on our own. Plus you mention in your background material that we had a vendor previously that was not satisfactory, correct? WELDY: Correct. MAYOR DICKEY: Okay. Any other comments? We have a motion and a second, I think. Right? Do we? Linda? Okay. Roll call, please? MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: No. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Vice Mayor Grzybowski? TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 110 of 119 GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Thanks Justin. You're still there. We're buying some cars. WELDY: Mayor, councilmembers. There are a few divisions underneath public works. One of those divisions is the street department. It is absolutely critical that the street department staff be able to respond around the clock regardless of whether it's nice out and a good day to go fishing, 115 degrees, or in the middle of a night during a rainstorm. **CLERK’S NOTE: Vice Mayor Grzybowski left the dais at 9:55 and returned at 9:57 p.m. WELDY: Part of that response requires that we have operable, reliable vehicles. There's been a considerable amount of discussion related to the vehicle replacement, including these two and several others. Rest assured I recognize this is a big dollar figure but I also recognize after having been here almost 17 years and oftentimes out in the middle of the night with these vehicles that it's critical. It's also important to note that we didn't just go out and select somebody for these vehicles. Utilizing the expertise of our procurement officer who is sitting right behind us here, we reviewed numerous state and county and city contracts. Based on that information we were not able to secure one from one of them but we found Peoria Ford had fleet pricing that was in alignment with what we are asking for, which is two street vehicles that are fleet body style. So they have the toolboxes and stuff already built into them. Having compared their pricing to other pricing in state and county contracts, this is a reasonable price with a reasonably short delivery time of six months or less. Which is a little bit unprecedented right now. There's other vehicles that we've waited over 12 months on. With that said, and I've had this discussion with the town manager, we know what we're asking for here. We know it's a big ask. But please note we've done our due diligence. We are aligned with the policy. We have certainly learned in the past when asked, and I TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 111 of 119 was uncomfortable with this, and if Mr. Miller were sitting there I would say this as well, we were asked to keep vehicles over so we could make some accommodations for things that we needed; we did. One of them was for parks. Shortly after agreeing to that, that vehicle broke down. The repair was $12,000 for obvious reasons. The town manager at that time, along with support from the director of that department, she's now the interim town manager, decided that it was best to take our loss on that, sell the vehicle. Another good example is the chief. And again, against my better judgment, we kept a vehicle for the fire department for them to simply have what they refer to as a snake call vehicle. This allows them to use something less than a pumper truck or an engine to report to the large number of snake calls and other nonemergency calls. This vehicle is incredible in regards to its condition. For those of you that don't know, when the studs are not working out or saving lives, they're polishing chrome. Take a look at their trucks and you can attest to that. However, when it came time to sell that vehicle we were barely able to recover $5,000. And it only had 80,000 miles on it and did I mention it was a bright red fire truck? And that took four tries at auction to even get to that dollar threshold. So I recognize the concerns and the challenges that we face. It should also be noted, and I know that we're getting late here. But I think this is important information. Staff met with several leasing agencies with Grady Miller and we listened to their pitch for different types of services. And I'm only going to relate to these two trucks right here. On average, the lease for this type of vehicle is between $1,000 per month along with a 5 to $7 ,000 signing agreement. And there's a little bit of a negotiation in there too, upfront. Then there are additional costs that are related to the maintenance. Either you have to provide maintenance for it that meets their schedule and it's critical. And then the last one, especially when it comes to commercial vehicles is the insurance. If our insurance carrier doesn't meet their requirements we have to pay for their insurance. Meeting all of those demand sand paying those monthly fees, at the end of your lease, which is either 12, 24, or 36 months, they usually don't go much further than that. You TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 112 of 119 have an option to purchase that vehicle. Which is also against our policy. We simply do not purchase vehicles that are used for obvious reasons. We don't know the history of that vehicle and whether or not it's going to cost a lot of money to keep it and maintain it at that time. I should note, and here comes the very uncomfortable part that of the, I believe, five we met with, three of them had done their due diligence and read our policy. And those three stated the following. You should eliminate your 10-year retention and move that back to seven years because your resale value will be substantially higher on a seven- year old vehicle with low mileage. With that said, each of the vehicles that are retired, we hve a state contract that we are part of that sells all of these vehicles at auction. And with the exception of the fire truck several of the other vehicles we have done surprisingly well simply because they have relatively low mileage, but they're still ten years old but they're a viable vehicle for somebody that needs a ten-year old used vehicle. A lot of information, I understand that. I'm certainly willing to answer any questions to the best of my ability. MAYOR DICKEY: Councilman? FRIEDEL: I have a couple of comments. First off, Justin, I'd like to recognize you for following our policy and our procedures because the policy, the way it's written is ten years or 100,000 miles on these vehicles. So I get that. I wonder though with the mileage on these vehicles, 60, 000 and 80,000, the 60,000 that's 6,000 miles a year over the ten-year period. I'd like to know if there would be consideration to bring this back in 12 months and keep these vehicles another year. That $125,000 is a lot of money. And I know you and the procurement officer did an excellent job getting pricing on these vehicles but I just feel that 60,000 and $80,000 on these pickups is not a lot of mileage especially around town. And I think it might be wise to consider bringing this back to us in 12 months or 18 months, whatever. Simply because I -- and also resale values right now of used vehicles are up as you mentioned before. The market's crazy right now for used vehicles. So again, I don't think it's a lot TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 113 of 119 of mileage on these two vehicles and they're around town. 6,000 miles a year I don't think is a lot on a vehicle. So my thought is bring this back to us. Let us digest this and bring it back to us in 12 or 18 months. That's just my thought on it. I don't know if anybody else wants to weigh in. MAYOR DICKEY: Thank you. Councilwoman? MCMAHON: You said that you've already had maintenance on the vehicles, right? WELDY: Madam Mayor, councilmember, can you repeat that question, please? MCMAHON: The maintenance on these cars? WELDY: The town does the maintenance on these two vehicles, on them. MCMAHON: Let me rephrase it. Have there been problems with the cars? WELDY: Nothing substantial. There's minor issues but nothing substantial. So written into our policy and if you haven't had an opportunity to read it. In that policy it provides clear guidelines in regard to repair. If the repair of a vehicle exceeds a certain amount of the appraised used value at that time, we do not repair. We take our loss and we sell the vehicle at auction. I'm not aware of any substantial issues with these vehicles. They're simply at the end of their life per our policy. MCMAHON: Okay. And also you said that it's going to be six months for delivery, right? So given that I think that and knowing who you are and knowing the care you take and your safety precautions are over the top, I trust your judgment on this. So personally, I'm for it. And it's going to take at least six months you said to get these. And so I think that we got to move forward with it. Thank you. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, I appreciate the thoroughness of your presentation and giving us a deep dive in the process which, it sounds like it's been wow. On the other hand, I kind of concur with Councilmember Friedel on this one. You know we've been hit with a lot of bills. Like we were talking about earlier tonight, roads first and -- at least from the call to the public. And just depending on what the council thinks. I'm kind of inclined to go with Councilmember Friedel and give this a 12-month TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 114 of 119 resting period and then revisit that at that time. I think that, again, given the low mileage and the great maintenance that I'm sure the town is doing on these things. I think giving it one more year of service isn't too big of an ask. MAYOR DICKEY: So if it takes six months to come, then obviously it will if we wait a year to order it, we -- and again, this is sort of a ballpark time to try to figure out how long it would take to get the vehicle even then. You said that Councilman that the resale value of used cars is good now, so it might be a good time to sell these vehicles and get something like, a good back -- I can't even talk anymore. But money back. So the other thing is that when we came up with ten years or whatever the mileage was that there's a reason we do those things. It's an average. It's a proven model. It's what we do. And there's a reason that that's what it. And so these fit the criteria. And I think we should try to get what we can for them. It's going to take six months to get them and obviously, in a year they'll probably cost -- the new ones will probably cost more. So I'd like to do it now. That's the recommendation of our professional staff. MCMAHON: So I'd like to make a motion to approve the purchase of the two fleet vehicles from Peoria Ford in the amount of 125,157.38 and any associated budget transfers therewith. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you, vice mayor. Did you have something to say too? GRZYBOWSKI: I was just going to ditto everything you said. That the cars are -- used car prices are better now. If we wait six more months then it's six more months of wear. And in town driving doesn't make it helpful for the vehicle. It's actually more wear and tear on a car than driving it longer distances. And the price of the vehicles will go up if we wait another year. So I'm all for doing it now, getting it over with. MAYOR DICKEY: Okay. I don't' think -- there weren't any speaker cards? I keep forgetting to ask that too. MENDENHALL: No. No, Mayor, there isn't. MAYOR DICKEY: You sure you guys don't want to talk? So we have a motion and a second. Could we get a roll call, please? TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 115 of 119 MENDENHALL: Councilmember Friedel? FRIEDEL: No. MENDENHALL: Councilmember Skillicorn? SKILLICORN: No. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: No. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? KALIVIANAKIS: No. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thanks, Justin. WELDY: You're welcome. MAYOR DICKEY: Let us know next time they need repairs or anything. Just keep us posted. MCMAHON: See you in six months, right. MAYOR DICKEY: Our last item is also Justin and it's the community center. Thank you. WELDY: Thank you, Madam Mayor. The next item is part of a multiyear repair to the community center. Obviously, we've been before this elected body numerous times and discussed the remediation and the issues that we have with water intrusion. In this particular instance to maintain some transparency and ensure that the town was getting what they wanted for the dollar threshold that they had, instead of selecting one of our job order contracts, which we have several. And at least one of them submitted on this. We opted to release a request for proposals. Part of that process comes back and it's reviewed by staff members, myself was one of them. There were three other ones. Going through that TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 116 of 119 process and looking at their proposals and their submittals, we make decisions based on what is best. In this particular case, and I can primarily only speak on my review of it. The lowest dollar threshold that was submitted for this work simply did not have enough information in the submittal. The page was basically blank and it included some exclusions that were clearly called out. Each and every other submittal we received had all of the line items that we had identified but also included separate sheets for exclusions. I think it's important to note that the highest number that was submitted as part of a proposal also included the largest number of exclusions. Which I found a little bit unusual. With that said, having done the reviews, and vetted it and looked at it, it is in my professional opinion and the opinion of the others that did the reviewing that Civil Elite is the most responsive submittal on this request for proposals for the community center improvements. Yes, they are a little bit higher but they included all of the necessary information and a very minimal amount of exclusions. As part of this I'm also asking for an owner's allowance. The reason for that is to be prepared for the unknown. If it's one thing that lessons and history has taught us, is when we begin to work on some of these buildings, the unknown could be a little big frightening and intimidating. With that, if you have any questions related to the submittal process or the selection process I will do my best to answer them. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Thank you. I also had a chance to review the four proposals that you did and I would just like to concur with your conclusion. The G-Con Incorporated's conclusion was shockingly sparse in its specificity and its exclusions were just standing out. And so I think it was a very wise thing to pass on what would, in a sense, have been the lower bid to go with somebody that we actually know what we're getting and it's all in writing. And if their proposal was this sloppy who knows how their work is going to be. So I TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 117 of 119 think that staff did an outstanding job. Thank you. WELDY: Thank you. Madam Mayor, councilmember. I think it's important to note that we have a job order contract with G-Con and they were primarily responsible for the renovations to the interior of the community center and have also been very responsive in the past to other projects within the town. This time it just -- they didn't hit it. GRZYBOWSKI: I move to approve as written. TOTH: Second. MAYOR DICKEY: Thank you. Can we get a roll call, please? MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Our next item is council discussion, direction to the town manager. You hear anything from call to the public or anything that you would like to bring back? Before we go to the future agenda items I wanted to mention some things that were asked to be on the future agenda item. So one was the follow up on emergency management. So we've had emergency response plans in place and some of the info is confidential as we had discussed but we will be having the presentation from Chief Ott on October 3rd. That's TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 118 of 119 what you had requested. The department of -- oh, this is for you Gerry. The department offers to do inspections. They go to the residents, and like, you had spoken about the kind of the fire safe -- FRIEDEL: Area? Yeah. MAYOR DICKEY: Yeah. So I think it's 30 feet but that will be all part of that too. So I believe anything that you have questions on will be on the 3rd. Any other items for future agendas? Councilman? FRIEDEL: I want to know if we have investigated somebody, another attorney or whoever, to help us negotiate the MCSO contract? ARNSON: So Rachael, if you want to speak to that, you can. But we have an executive session planned to discuss this item October 3rd. FRIEDEL: Okay. ARNSON: Next meeting. So that would certainly be one of the things that we can discuss during that time. If that's something you're interested in, I can certainly come prepared with some recommendations for that so that we're not starting from square one on October 3rd. But I think it would make a lot of sense to tie those two conversations together. FRIEDEL: I agree. MAYOR DICKEY: Councilmember Skillicorn? SKILLICORN: Thank you, Madam Mayor. I would like to make a motion to approve a 12- month extension to the Park Place building permit. MAYOR DICKEY: Well, you can't make a motion -- this is for future agenda items suggestions. SKILLICORN: That's -- MCMAHON: You can't make a motion on something that's not on the -- SKILLICORN: According to the rules I need two seconds to get something on the agenda. So that's my -- ARNSON: Oh, you're asking for that item to appear? TOWN OF FOUNTAIN HILLS SEPTEMBER 19, 2023 TOWN COUNCIL MEETING Page 119 of 119 SKILLICORN: Yes. ARNSON: Okay. I see. SKILLICORN: I'm sure there's two seconds. ARNSON: Yes. And we had intended to bring that on October 3rd. So yeah. SKILLICORN: Just wanted to make sure that it was public and -- ARNSON: Yes. SKILLICORN: -- yes. MAYOR DICKEY: Anything else? Thank you. We're adjourned. Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on September 19, 2023, at 10:15 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 19th day of September 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this 17th Day of October 2023. _____________________________ Linda G. Mendenhall, Town Clerk ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/17/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION ANDPOSSIBLE ACTION: Resolution 2023-32, abandoning the 10' Public Utility and Drainage Easements along the south and east sides of 17315 E Zaharias Drive (Application A23-000010). Staff Summary (Background) This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easements along the southern and eastern property lines of Plat 401-A, Block 6, Lot 24 (17315 E Zaharias Drive).  Alissa Hatfield and Grant Lum, the owners of the  property, are planning to install a masonry wall, which will encroach into the existing easement.  Staff have reviewed the site to determine the potential on-site drainage issues in addition to the Town's general interest in the easement.  There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owner of the lot is required to pass the developed flows generated by the upstream lots across their property.  All public utilities have approved the abandonment of this easement. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff Recommends adoption of Resolution 2023-32 SUGGESTED MOTION MOVE to adopt Resolution 2023-32 Attachments Vicinity Map  Aerial Photo Map  Res 2023-32  Exhibit A: Survey  Form Review Inbox Reviewed By Date Development Services Director John Wesley 09/25/2023 01:46 PM Town Attorney Aaron D. Arnson 09/25/2023 09:02 PM Interim Town Manager Linda Mendenhall 10/10/2023 07:39 AM Town Manager Rachael Goodwin 10/11/2023 12:49 PM Form Started By: David Janover Started On: 09/19/2023 03:24 PM Final Approval Date: 10/11/2023  BEELIN E H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAG U A R O B L V D PALIS A D E S B L V D PALISA D E S B L V D SA G U A R O B L V D FO U N T A I N H I L L S B L V D McDOWELL M O U N T A I N R D FO U N T A I N H I L L S B L V D SUNR I D G E D R EL L A G O B L V D AVEN U E O F T H E FOUN T A I N S PA N O R A M A D R FI R E R O C K C O U N T R Y CL U B D R CR E S T V I E W D R SIERRA M A D R E GRANDE BL V D G O L D E N E A G L E B L V D E A G L E R I D G E D R E A G L E R I D G E D R VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is Ar i z o n a F O U N TAIN HI L L S T OWN OF INC. 1989 TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 17315 E Zaharias Dr A23-0000010 DEVELOPMENT SERVICES A ll that is A r i z o n a F O U N T AIN HI L L S T OWN OF INC. 1989 ZONING: R1-8 LEGEND: PHOTO MAP 2022 AERIAL LOT 23 A23-0000010 LOT 24 E ZAHARIAS DR ABANDON 10' P.U.E. & D.E. LOT 22 FO R T M C D O W E L L Y A V A P A I N A T I O N RESOLUTION 2023-32 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE- INCORPORATION 10' PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE SOUTHERN AND EASTERN PROPERTY LINES OF PLAT 401-A, BLOCK 6, LOT 24 (17315 E ZAHARIAS DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 155 OF MAPS, PAGE 11 AND AS CORRECTED IN BOOK 156 OF MAPS, PAGE 2, AND IN BOOK 159 OF MAPS, PAGE 10 WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain public utility and drainage easements, located at the SOUTHERN and EASTERN property lines of Plat 401-A, Block 6, Lot 24 (17315 E Zaharias Drive) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 155 of Maps, Page 11 and as Corrected in Book 156 of Maps, Page 2, and in Book 159 of Maps, Page 19, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills October 17, 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 EXHIBIT "A" TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT LOT 24 A23-0000010 ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/17/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Resolution 2023-33 declaring as a public record a document entitled P2023 Sign Ordinance and Ordinance 23-04, amending Zoning Ordinance Chapter 6, Sign Regulations.  Staff Summary (Background) The Town Council directed staff to work with the Planning and Zoning Commission (P & Z) to consider revisions to Chapter 6, Sign Regulations, of the Zoning Ordinance.  At the February Council retreat the Council gave staff some initial suggestions for modifications they thought would benefit the Town.  The primary desire was to give businesses more opportunity to communicate about their business, particularly in terms of temporary signs.  The P & Z held public hearings and discussed possible revisions at four meetings.   Attached are a copy of the existing sign regulations, a strike through version of the ordinance showing the changes being recommended by the P & Z, and a clean version of the recommended new ordinance.  The report below provides discussion regarding each of the amendments.   Section 6.01  Introduction The P & Z noted that the ordinance uses the term permit and permitted to mean either something is allowed or the sign requires a permit.  To avoid confusion the ordinance was amended to change the word permitted to allowed any place this was the intent of the wording.  The first instance of this was in Sections 6.01 D and E.  This was the only change in this section. Section 6.02  Definitions It was noted that citizens and business owners who may look through the sign ordinance for information regarding what signs they can use may read the definitions for each sign type in Section 6.02 and think they have all the information they need regarding that type of sign.  Conversely, those looking at the details in Sec. 6.08 may not have a complete understanding of the different sign types if they do not look back to Sec. 6.02 for the definitions and pictures.  It was suggested that a reference be added to the location for additional, specific information on each sign type.  Through review and consideration, it was determined it would be even more helpful to move the definitions, or descriptions, of each sign type to Section 6.08 along with the further information regarding the sign allowances.  Each of the sign type definitions in this section now simply refer to the correct section of allowances.  Each of the sign type definitions in this section now simply refer to the correct section of 6.08 for the description, allowances, and standards. A definition was added for right-of-way.  Several times in the ordinance it describes sign allowances in terms of whether it can be in the right-of-way.  It was determined it would be helpful to have a definition of right-of-way in the ordinance to help citizens understand there is generally some distance between the edge of a roadway and the adjacent property line  which is in the right-of-way, not on private property. A definition line was added for sign walkers with a reference to the regulations in Sec. 6.08 A 14. The P & Z expressed concerns with seeing an increasing number of businesses placing traveling LED lights inside their windows.  It is unclear whether these would be considered signs under the current definition.  Therefore, some modifications were made to the definition of sign to help address this issue and prohibit this type of signage.  A companion amendment is also made in Sec. 6.07 F. Section 6.03  Building Permits - Fees Section 6.03 B provides some exemptions to the requirement for a building permit for some signs.  Included in this list is 5, Temporary signs, except banner signs.  This would indicate that banner signs require a building permit.  This is not correct, these signs require an administrative Temporary Use Permit.  To make the ordinance more clear, the "except banner signs" language is being deleted. Section 6.04  Violations and Penalty andSection 6.05  Enforcement and Remedies With the proposed changes to the ordinance that will allow more temporary signs in the right-o-way, a concern of P & Z has been how to enforce the amended temporary sign provisions to avoid sign clutter along Town streets.  In response, staff reviewed the current provisions in Sections 6.04 and 6.05.  The attached draft ordinance combines these two sections and divides the regulations into those for permanent signs and those for temporary signs in Sec. 6.04.  Sec. 6.05 is not being used and is reserved.  Section 6.04 A provides the enforcement for permanent signs.  The regulations for permanent signs remain mostly the same, just consolidated from the two sections.  The primary difference is the shift from having nominal fees listed in this section to referencing the fees provided in Section 1-8-3 of the Town Code.  Unless specifically listed as a misdemeanor violation, all other violations of the zoning ordinance are subject to the fines in 1-8-3, which start at $250.  Staff is not aware of a time when a citation has been issued for violation of the sign ordinance. Section 6.04 B provides the enforcement options for temporary signs.  Staff considered several options for enforcing the regulations regarding temporary signs.  The first consideration was to require permits for all signs placed in the right-of-way.  Upon evaluation, however, it appeared this approach would be difficult for both those wanting to place the signs and staff to carry out.  What is being recommended is that any A-frame or Yard sign placed in the right-of-way be removed by official sundown every day.  Signs not removed will be subject to a civil citation and/or confiscation of the sign. In practice to date, Town Code Enforcement staff have typically first tired to inform people about sign requirements and return or relocate signs to be consistent with the ordinance.  Education and assistance with compliance will continue to be the first course of action.  Staff typically confiscates a sign only after a first warning or if there is no contact information.  Staff has not issued any notice of violation letters or citations for temporary signs and that will continue to be a last resort. As part of adoption of the new ordinance, staff is proposing to also establish and publicize a separate operating policy regarding enforcement of temporary sign regulations for signs placed in the right-of-way.  The proposed policy is:  First offense:  When possible, assist those who have placed a sign inconsistent with ordinance requirements by educating and assisting with relocation and returning signs. a. When educating, relocating, and/or returning is not possible, if the sign is in the right-of-way it will be confiscated and, if possible, owner will be contacted to pick up the sign according to the established schedule.  If this sign is on private property, the property owner will be contacted and informed of the ordinance requirements and giving them an opportunity to bring the sign into conformance.  If not brought into conformance within allowed time, follow-up enforcement action as warranted. b. 1. Subsequent offenses within 180 days of first offense:  Second offense: If in the right-of-way, immediate confiscation and notification when the sign can be retrieved if in the right-of-way; if on private property, issuance of a Notice of Violation. a. Third and subsequent offenses: If in the right-of-way, immediate confiscation and notification when the sign can be retrieved and the issuance of a civil citation; if on private property, a civil citation as provided in Section 1-8-3. b. 2. Sign pick times will be the (two days a month, yet to be determined) of each month between the hours of (yet to be determined). (Note, goal is to make it a deterrent by not immediately returning the sign.) 3. Signs left more than 60 days may be discarded.4. Section 6.06  Sign Plans This section allows for the submission of sign plans.  By developing a sign plan for a property the owner can receive allowances for larger signs. The only proposed change is one "permitted" to "allowed." Section 6.07  General Regulations Section 6.07 B addresses locations where signs are and are not allowed. Section 6.07 B 1 primarily makes the requirement that all signs are to be on the property for which the business, activity, commodity, service, product, or event takes place; i.e. makes it a violation to place a sign off the property except as specifically allowed in the ordinance.  Except for specific exceptions allowed in the code, this provision prohibits off-site signs, which includes common areas in a condominium development and the adjacent right-of-way.  Proposed modifications to this section are for increased clarification on the exceptions as we make other changes allowing temporary signs in the right-of-way. Section 6.07 B 2 states locations where signs are prohibited.  The language in this section can seem overly complicated.  To address this, the types of prohibited areas have been placed in groups by common topic areas, e.g. town right-of-way or property, safety issues, architecture or design interference, and miscellaneous.  All the provisions are the same, just re-organized, except for the one addition described below. One of the challenges we have had with the current ordinance is the disconnect between our ordinance allowances and what state statutes allow in the rights-of-way for elections.  To reduce this conflict, staff has added Section 6.07 B 2 a i 3 to clarify that signs will be allowed in the right-of-way during elections as allowed by the state statutes.  At the final P & Z review of the ordinance they determined this allowance should be expanded to follow the state statute for any election, not just those which have a primary.  State statutes allow for political signs 71 days prior to a primary.  In the local exception regarding signs for other elections, staff has suggested the period for the non-primary elections start 60 days before the election.   It should be noted that the Town will not actually be enforcing "election" signs.  Even during an election period where the sign rules are modified to allow more and larger signs in the right-of-way because of the state statute preemption, staff will still be simply enforcing the size and location (not in a median or as an obstruction) standards in the Zoning Ordinance and state statute.  During these times, Town staff will not be able to enforce our sign regulations based on sign type, material, number, or the message contained on the sign. The Town has a Sign Free Zone as allowed by state statute.  The state sign preemption for political signs do not apply in these areas.  However, because the revised ordinance will allow A-frame, Yard Signs, and Post and Board signs in almost all rights-of-way (specific allowances and restrictions are described with each sign type), political signs of the same type and sizes otherwise allowed by code would be allowed in the Sign Free Zone consistent with the requirements and limitations of those sign types.  For example, Yard signs will be allowed from official sunrise to official sunset in all rights-of-way except Shea Blvd.  Therefore, a Yard sign with a political message will also be allowed.  Post and Board signs will be allowed any time.  A political sign of the same size and location allowances would be allowed without restriction.  The change to Section 6.07 B 2 e allows some temporary sign types to be placed in the Shea Blvd. right-of-way.   Section 6.07 C provides the regulations for nonconforming signs.  These are signs which may have been erected under earlier codes but have become nonconforming due to subsequent code changes.  They are allowed to continue and be maintained, but not structurally changed.  The recommended ordinance eliminates the allowance for future electronic message centers.  As discussed below, that modification has been made in this recommended draft ordinance.  When the allowance for future electronic message signs is removed, there is still a need to standards for and to regulate the existing signs.  To do this, the provisions regarding electronic message center contained previously contained in Section 6.08 C were moved to Section 6.07 C 4. Section 6.07 E lists prohibited signs.  Staff is proposing a couple of housekeeping modifications to items 8 and 9 for consistency with other parts of this chapter.  The phrase at the end of item 12 is being eliminated because there are no instances in the ordinance that allows someone to place a sign on someone else's property without their permission.  Item 13 was added with the elimination of electronic message centers. Section 6.07 F contains requirements and limitations on sign illumination.  As discussed above, P & Z had a concern with traveling LED lighting in windows.  To address this issue, Sec. 6.07 F 5 a was amended to include traveling lights as being prohibited. Section 6.08 Sign Requirements and Allowances With each subsection in 6.08 A, a new "a" has been added to provide the description of the sign type.  Except for the description and illustration for sign walkers, this information was moved from the definitions in Section 6.02. Section 6.08 A 1 provides the standards and allowances for A-frame and T-Frame signs.  These signs are currently allowed in commercial and industrial districts and for directional signs to residential activities.  Several amendments are proposed for this section and include:  Sections 6.08 A 1 c and d establish the size/height and number of A-frame signs allowed.  These sections have been amended to allow a business to use two signs when they have two or more public entries.  The maximum area of any one sign is 6 sq. ft. and the maximum aggregate area for two signs would be 9 sq. ft.  This will be enforceable when there is a clear connection between the sign and the business, it can be more challenging if there is not a clear connection.     Section 6.08 A 1 e provides the places A-frame signs may be located.  This section is being amended to allow them in the right-of-way in commercial and industrial zoned areas, including along Shea Boulevard.  In some cases, placing a sign immediately adjacent to the property containing the business may not provide the most effective location for the sign.  The P & Z discussed the proposal to allow A-frame and Yard signs in the right-of-way some distance from the property. After reviewing and discussing the options and legal aspects, it was determined that placing a distance limitation was not feasible.  Once it is determined a sign type is allowed in the right-of-way, and we cannot regulate the message on the sign, anyone could put a sign at that location.  For example, if the businesses along Shea Blvd. on each side of Technology are allowed to place an A-frame in the Shea right-of-way, then the ordinance is establishing this as a place were A-frames are allowed.  Because it is the public right-of-way and not private property, the public then has use of that right-of-way for A-frame signs.  Therefore, there is nothing to keep a business on Laser (or anyone else) from placing an A-frame sign there to direct them to their location, or conveying any message they desire.  Therefore, it was not necessary to place a distance limitation on how far from a business the sign could be.   Given the fact that anyone could place an A-frame in any of the allowed right-of-way locations, the P & Z expressed concern with the amount of sign clutter that could occur if citizens abused the allowance. After discussing a few options, it was determined the best approach would be to require any A-frame sign placed in the right-of-way to be removed by official sundown each day.  If the sign has to be removed every day, and there are penalties if it is not, only those people and businesses with legitimate needs will continue to use the right-of-way for their signs.  This should keep the number of signs to a reasonable level and keep the signs relatively close to the business they are intended to serve. This section is also amended to: Allow signs to be place on a sidewalk in the Town Center Pedestrian area; Reduce the minimum clearance around a sign from 6' to 4'; Reduce the distance from curb or edge of pavement from 3' to 2'; Clarify the allowance for attaching balloons; and, The requirement that landscaping cannot be modified or damaged to accommodate a sign was moved to Section 6.08 A 1 f. Section 6.08 A 3 provides standards and allowances for balloons.  During the review with the P & Z it was pointed out that the height regulation was not clear.  It simply stated the balloon could be no higher than six feet from the ground, it did not specify if this was the top or bottom of the balloon.  It was also pointed out that a balloon flown at this height could be a sight visibility issue along a street.  The wording has been adjusted to address these concerns.  The revised regulation allows the top of the balloon to be up to 10' from the ground and requires the bottom to be at least 7' from the ground in a sight triangle.   Section 6.08 A 4 provides the standards and allowances for banner signs. These signs are only allowed for nonresidential uses in residential zoning districts and in commercial and industrial zoning districts. Proposed amendments to this section are in 6.08 A 4 f iii regarding the length of time a banner sign can be displayed.  The previous discussion had been to increase the allowance from 30 to 90 days a calendar year with the ability for non-residential uses in residential districts to receive a "seasonal waiver" for additional time.  There was significant discussion regarding how this would be implemented.  Staff has also recognized that if the same nonresidential use was in a commercial zoning district (e.g. a church located in a C-1 zoned area), they would not be able to apply for the "seasonal waiver." To address the issues and achieve the desired outcome, the proposed ordinance changes are:  Increase the base allowance from 30 days per calendar year to 150 with a maximum of 30 days at one time. Retain the current ordinance allowance for a temporary use permit for an activity that needs more time. Allow new businesses, as documented through a business license, to have a permit for up to one year.  The sign would need to comply with maintenance provisions and could be changed out up to four times during the year. There was discussion by the P & Z on two issues regarding this section.  The first was the limitation that an apartment complex needed to have at least 20 dwellings to have a banner sign.  Some Commissioners thought the number should be lowered to 9 or 10.  They could not reach a consensus on a change, but wanted the Council to be aware of the issue and discussion in case the Council wanted to consider allowing them for smaller complexes. The other discussion was a concern that it might not be clear when the one-year time frame would start for the new business, there was concern that they might want a "Coming Soon" sign before getting a business license or before opening and that would cut into their one-year allowance.  Because the ordinance does not exclude a property from also using the 150 banner sign allowance, it would be possible under the code to have banner sign prior to receiving the permit for the one-year temporary sign when the business opens.  Per the wording in the ordinance as recommended, the time for the one-year allowance would start when the business opens (which would be the date the owner states in their application). Following the P & Z recommendation staff identified one additional aspect of this regulation that should be discussed.  It is staff's understanding that the purpose of allowing the longer banner sign was for a new business to be up and running before taking on the expense of a permanent sign.  The P & Z discussion focused on the length of time and some assurance the sign would not become tattered.  A topic that was not discussed is, what if the business goes ahead and puts up a permanent sign?  Can the business continue to have the extended time for a banner, or is this only when they do not have a permanent sign? Section 6.08 A 12 provides the standards for post and board signs.  While these signs could contain any message, they are usually associated with "For Sale" signs.  The current ordinance has limited the placement of these signs in the public right of way, allowing them in the right-of-way only in cases where an on-lot solution is not possible.  Because the goal of these signs is often to help a motorist find a property that is for sale or lease, it is helpful for them to be readily visible from the street.  Therefore, placement near the street is desirable.  The proposed change to this section is in 6.08 A 12 e ii which has been amended to allow post and board signs in all zoning districts within the right of way adjacent to the property as close as two feet from the edge of pavement. Another change made to this Section is in 6.08 A 12 d regarding the number of allowed Post and Board signs.  This addition was made to address concerns for multi-family developments, particularly condominiums.  When there are multiple units and possibly multiple owners on one property, there can be a need for more than one Post and Board sign.  For the smaller, two- and three-unit condominium developments, the ordinance allows one post and board sign per unit.  Section 6.08 A 14 provides the regulations for sign walkers.  As mentioned above, a description has been added into to the beginning of each of these sections.  The existing ordinance did not have a definition of sign walker, so one was added along with example pictures. Section 6.08 A 17 provides the standards and allowances for yard signs.  The current ordinance allows one such sign per lot in all zoning districts.  The proposed changes are in 6.08 A 17 d and e to allow more signs and more flexibility in the placement of this sign type.  The proposed language has been drafted to recognize issues that may arise in multi-family, particularly condominium, situations.  Change the number allowed from one per lot to:  i.   In single-residence districts or uses, two signs per property. ii.  In multiple-residence districts, two signs per property; if 2- or 3-unit condominium, 2 per condominium unit. iii.  In commercial or industrial districts, one sign per business.   Change the location allowances to:  Clarify allowance on a lot Not allowed in the right-of-way in residential areas, except as allowed for directional signs Allowed in the right-of-way adjacent to commercial and industrial zones, except on Shea Section 6.08 B provided the standards and allowances for electronic message centers.  The recommended ordinance from the P & Z removes this section so no future electronic message centers will be allowed.  The regulations for this type of sign has been moved to Section 6.07 C 4 to continue the current regulations for existing, legal non-conforming signs. Section 6.08 C has been renumbered 6.08 B.  This section originally provided some limitations on the total, aggregate amount of temporary signs that can be used at one time with an occupancy (former Sec. 6.08 C 1).  This was included in the sign ordinance due to concerns by staff that property owners and businesses may take advantage of each of the temporary sign types allowed and create too much clutter.  It was also envisioned that this would keep multiple signs in a group commercial center from becoming too clustered to be readable.  In practice, staff has not seen this issue develop and has determined that the chart as presented does not work as intended.  The remaining section was restructured to just provide signage limits for undeveloped property. Section 6.08 D has been renumbered to 6.08 C.  This section provides some regulations for additional signage in residential areas to allow for directional signage to events that may occur in these areas.  The proposed changes increase the number of signs that can be used off-site from three to six, allows use of the Town right-of-way every day of the week, and allows the signs to two feet from the edge of pavement rather than three feet.  These signs can be displayed between official sunrise and sunset. Related Ordinance, Policy or Guiding Principle Zoning Ordinance, Chapter 6, Sign Regulations Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission reviewed possible amendments to the sign ordinance at four meetings.  At their September 11, 2023 meeting they voted unanimously to recommend approval of the ordinance as attached to this report.   Staff Recommendation(s) Staff supports the Planning and Zoning Commission's recommendation for approval of the revised ordinance as submitted. SUGGESTED MOTION Move to adopt Resolution 2023-33 and Ordinance 23-04, amending the Zoning Ordinance, Chapter 6, Sign Regulations. Attachments Ordinance 23-04  Resolution 2023-33  Ordinance  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 09/26/2023 03:41 PM Finance Director David Pock 09/26/2023 04:59 PM Town Attorney Aaron D. Arnson 10/10/2023 10:42 AM Interim Town Manager Linda Mendenhall 10/10/2023 10:54 AM Town Manager Rachael Goodwin 10/11/2023 01:00 PM Form Started By: John Wesley Started On: 09/14/2023 04:50 PM Final Approval Date: 10/11/2023  ORDINANCE NO. 23-04 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE CHAPTER 6, SIGN REGULATIONS, BY ADOPTING THE “2023 SIGN ORDINANCE” BY REFERENCE ENACTMENTS: NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Chapter 6, SIGN REGULATIONS, of the Fountain Hills Zoning Ordinance is hereby amended and a revised Chapter 6, SIGN REGULATIONS, adopted as a Public Document entitled “2023 Sign Ordinance” by Resolution 2023-33, is adopted and made a part of hereof as if fully set out in this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 17th day of October, 2023. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney RESOLUTION NO. 2023-33 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED “2023 SIGN ORDINANCE” BY REFERENCE ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That certain document entitled “2023 SIGN ORDINANCE” of which one paper copy and one electronic copy maintained in compliance with ARS 44-7041 are on file in the office of the Town Clerk and open for public inspection during normal business hours, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 17th day of October, 2023. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney RESOLUTION 2023-03 EXHIBIT A 2023 Sign Ordinance Chapter 6 Sign Regulations Section 6.01 Introduction The regulations set forth in this Chapter are intended to encourage attractive signage for businesses and services, optimize the availability of information, and promote the general welfare by creating a more aesthetically appealing community. A. Findings and Purpose. 1. Findings. Signs can obstruct views, distract motorists, obstruct pedestrians or vehicular traffic flow, create safety hazards, create aesthetic blight and visual clutter, and pose other problems that legitimately call for regulation. 2. Purpose. The purpose of this Chapter is to regulate the size, illumination, movement or appearance of movement, materials, location, height, and condition of all signs, as defined herein, and to allow and promote sign communication in a manner that: a. Preserves and protects public health, safety, and welfare within the Town of Fountain Hills; b. Assures the use of a variety of sign forms designed to be sensitive to the context of the location, as a reasonable method of visual communication between groups and individuals; c. Enhances the flow of traffic and the convenience, ease, and enjoyment of travel within the Town of Fountain Hills; d. Restricts circumstances that otherwise may result in injury or damage because of distractions, or obstructions of vision attributable to sign placement or size, or to the illumination of signs that may become a source of undue glare, distraction, or light pollution; e. Avoids visual clutter that may contribute to traffic accidents or be harmful to vehicular traffic or pedestrian safety; f. Promotes the aesthetic and environmental values of the community by providing for signs that do not impair dark skies, property values, business opportunities, community appearance, or the attractiveness of the Town as a place to visit, live, work, and shop; g. Allows signs that are appropriate in scale to the zoning district in which they are located; RESOLUTION 2023-03 h. Provides for signs as an effective channel of communication, while ensuring that sign forms are aesthetically designed and proportioned in relation to adjacent structures on the same lot or development site, and that are compatible with their surroundings; i. Promotes the effectiveness of signs by preventing their overconcentration, improper placement, deterioration, and excessive size and number; and j. Supports and enhances commerce within the Town. B. Applicability. 1. Subject of This Chapter. All signs as defined in this Chapter are subject to the provisions of this Chapter as it pertains to: a. The allowance of signs (principally the number, form, material, size, and structure of signs); b. The review and consideration of sign plans and permits; c. The entitlement and issuance of permits; d. The location and placement of signs on all buildings, structures, and land; e. The integration of the design of signs with associated building architecture; and f. The maintenance of signs. 2. The provisions of this Chapter do not apply to the following: a. Address numbers as required by the Fire Code; b. Government signs; c. Traffic control signs, markings, devices; d. Signs authorized or required by Arizona Revised Statutes; e. Public transportation signs; and f. Signs specified as mandatory by any provision of the Fountain Hills Town Code. 3. Most Restrictive Provision Applies. Except when otherwise authorized by a Special Use Permit, Temporary Use Permit, or variance, the most restrictive provision shall prevail in cases in which two or more provisions of this Chapter appear to conflict. 4. Controlling Document. This Chapter is not intended to repeal, abrogate, annul, or in any way impair or interfere with other Town provisions, allowances, or ordinances, except those specifically repealed by the ordinance codified in this Chapter. Where this Chapter imposes a greater restriction on a sign than is RESOLUTION 2023-03 imposed or required by other Fountain Hills Town Codes, provisions, allowances, or ordinances, the provisions of this Chapter control. 5. Definitions Used. Definitions for specific terms used in this Chapter are principally found in Section 6.02. Additional definitions are also provided in Chapter 1 of the Zoning Ordinance and in the Fountain Hills Town Code. Definitions not included in this Chapter, the Zoning Ordinance, or the Town Code should be given their plain and ordinary meaning where possible. 6. Effect on Previously Approved Sign Permits and Comprehensive Sign Plans. All sign permits and comprehensive sign plans approved and in effect prior to the effective date of the ordinance codified in this Chapter shall remain in effect. Signs authorized by such comprehensive sign plans shall be developed in accordance with the standards specified by that sign plan and any applicable conditions or stipulations associated with the approval of that sign plan. The development standards and requirements of this Chapter apply if not specifically modified by the applicable adopted sign plan. The Zoning Administrator may approve minor modifications to approved plans regarding design, height, number, or sign area that do not exceed the maximum(s) allowed by this Chapter. C. Repeal and Severability. 1. If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter 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 of this Chapter. The Town of Fountain Hills hereby declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, sentence, clause, and phrase thereof, regardless of whether any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. 2. Effect on Previous Proceedings. Nothing contained in this Chapter affects rights and duties that matured, penalties that were incurred, and proceedings that began before its effective date, notwithstanding the provisions of subsection (C)(1) of this section. D. Consent of Property Owner Required. Unless otherwise permitted ALLOWED, no person shall construct, place, display, or maintain any sign without the written consent of the property owner, the property owner’s agent, or an authorized representative. E. Noncommercial Message Substitutions Allowed. Notwithstanding any other provisions of this Chapter to the contrary, any noncommercial message may be substituted for the message placed on any sign permitted ALLOWED by this Chapter. F. Responsible Party. 1. Posting Sign. The person, group, or organization directing the posting, installation, or erection of a sign is responsible for assuring the compliance of the sign with the requirements of this Chapter. This includes the placement, removal, maintenance, replacement, or alteration of the sign, as may be applicable. RESOLUTION 2023-03 2. Owner or Occupant. If the person directing the posting, installation, or erection of the sign does not remove, maintain, replace, or alter the sign in accordance with the requirements of this Chapter, then the property owner or occupant of the building where the sign is posted is responsible for either replacing the sign with a sign that complies with this Chapter or removing the sign. (21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.02 Definitions “A-frame” or “T-frame” SIGN, means a self-supporting, temporary, lightweight, portable sign made of durable, nonpliant material such as wood, sheet metal, or plastic that is designed to rest atop the ground without penetrating the ground SEE SEC. 6.08 A 1 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. “Awning” or “canopy” SIGN, means a permanent sign that is applied to, placed on, affixed to, or painted on an awning or canopy SEE SEC. 6.08 A 2 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. RESOLUTION 2023-03 “Balloon”, means a temporary sign professionally made from a bag or similar flexible, nonrigid enclosure that holds gas or air and is attached by a tether to a fixed place SEE SEC. 6.08 A 3 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. “Banner sign”, means a temporary sign made of canvas, plastic, vinyl, or other pliable material attached to a wall, frame, stakes, or other support structure by at least the four corners of the banner SEE SEC. 6.08 A 4 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. “Building wall sign”, means a permanent sign mounted flat against or painted on the wall of a building with the exposed face of the sign in a plane parallel to the face of the wall SEE SEC. 6.08 A 5 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. RESOLUTION 2023-03 “Drive-through sign”, means a permanent, freestanding sign adjacent to a drive-through, typically placed in or near an area where orders are taken from occupants of a vehicle SEE SEC. 6.08 A 6 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. “Electronic message centers” means a permanent sign that is capable of displaying alternating, variable, or changeable copy that is electronically changed by remote or automatic means SEE SEC. 6.07 C 4 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. RESOLUTION 2023-03 “Feather” or “flag banner” means a temporary sign made of fabric or vinyl attached to a pole on one side. THIS SIGN TYPE IS PROHIBITED, SEE SEC. 6.07 E 9. “Flag”, means a fabric sheet of square, rectangular, or triangular shape that is designed to be mounted by a cable or rope to a pole at one end SEE SEC. 6.08 A 7 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. “Freestanding wall/fence sign”, means a permanent sign that is applied to, placed on, affixed to, or painted on a wall or fence that is not part of the building(s) on the property SEE SEC. 6.08 A 8 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. RESOLUTION 2023-03 “Hanging” or “under-canopy” sign, means a permanent sign suspended from and located entirely under a covered porch, covered walkway, awning, or canopySEE SEC. 6.08 A 9 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. “Monument sign”, means a permanent sign mounted on or incorporated into a solid, self-supporting base that is not part of a building or wall SEE SEC. 6.08 A 10 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. RESOLUTION 2023-03 “Off-site sign” means a sign portraying information or directing attention to a business, activity, commodity, service, product, or event that is not conducted, sold, or offered on the premises upon which the sign is located. Includes signs commonly referred to as “billboards.” “On-site directional” sign, means a small permanent sign located adjacent to a driveway or drive aisle SEE SEC. 6.08 A 11 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. “Permanent sign” means a sign made of durable material that is intended to be and is constructed in a manner that is permanent. Such a sign may be either attached or anchored to a building or wall or have its own foundation and structural supports. When detached from a building, permanent sign structures are constructed of durable materials such as brick, stone, metal, concrete, or related materials. “Post and board” sign, means a temporary sign constructed of plywood, sheet metal, thick plastic, or similar material attached to one or two posts fixed in the ground SEE SEC. 6.08 A 12 FOR DESCRIPTION, ALLOWANCES AND STANDARDS. RESOLUTION 2023-03 “Projecting sign”, means a permanent sign attached to a building in a manner such that its face is not parallel to the building to which it is attached SEE SEC. 6.08 A 13 FOR DESCRIPTION, ALLOWANCES AND STANDARDS. “Residential directional sign” means A-frame, T-frame, or yard signs used to direct traffic to a home, SEE SEC. 6.08 C FOR ALLOWANCES AND STANDARDS. RESOLUTION 2023-03 “RIGHT-OF-WAY” MEANS THE AREA DEDICATED TO THE TOWN FOR ROADWAY, SIDEWALK, AND UTILITY PURPOSES. THE EDGE OF A RIGHT-OF-WAY IS THE SAME AS AN ADJACENT PROPERTY LINE AND IS GENERALLY FIVE (5) TO TEN (10) FEET BEHIND A CURB OR EDGE OF PAVING. “Roof sign” means a sign affixed on, above, or over the roof of a building so that it projects above the roofline. The top of a parapet wall shall be considered the roofline. The highest point of a mansard roof shall be considered the roofline. Where a parapet wall is combined with a mansard roof, the roofline shall be the top of the parapet. "SIGN WALKER”, SEE SEC. 6.08 A 14 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. “Sign” means any device placed to attract attention by providing identification, advertising or directional information for a business, service, product, person, organization, place, or building when the display of this device is visible beyond the boundaries of the public or private property upon which the display is made. Included in this definition are graphic devices such as logos and attention-attracting items such as banners, LIGHT DISPLAYS, or logo sculptures. “Sign copy” means the letters, numerals, figures, symbols, illustrations, logos, and graphic characters used to make up the sign message. “Temporary sign” means a sign constructed of fabric, canvas, vinyl, foam-core, plywood, sheet metal, or plastic that is neither permanently installed in the ground nor permanently affixed to a building or structure and that is intended to serve a short-term or temporary condition. Temporary signs include signs resting atop the ground, or affixed to the ground by a temporary anchoring system, including, but not limited to, stakes, ballasts, or by being embedded in the ground (for large temporary signs). “Town Center pedestrian area” is designated as shown in the figure below. TOWN CENTER PEDESTRIAN AREA RESOLUTION 2023-03 “Vehicle sign”, means a sign painted, attached, or affixed to a trailer, watercraft, truck, automobile, or other form of motor vehicle SEE SEC. 6.08 A 15 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. RESOLUTION 2023-03 “Window sign”, means any poster, cut-out letters, painted text or graphics, or other text or visual presentation affixed to, or located within six (6) feet behind, a window pane and placed to be read from the exterior of a building. Such signs may be permanent or temporary SEE SEC. 6.08 A 16 FOR ALLOWANCES AND STANDARDS. “Yard sign”, means an easily portable temporary sign up to six (6) square feet in size that can be implanted in the ground without use of tools SEE SEC. 6.08 A 17 FOR DESCRIPTION, ALLOWANCES, AND STANDARDS. RESOLUTION 2023-03 Section 6.03 Building Permits – Fees A. Except as provided herein, it shall be unlawful to erect, install and/or modify any permanent sign within the Town without first applying for and obtaining a building permit from the Development Services Department. “Modify,” as it is used herein, shall mean any change to: 1. The size or shape of an existing sign; 2. Electrical components; 3. Design; and/or 4. Supporting structures. B. A building permit shall not be required for the following activities or types of signs; provided, however, that such signs shall be subject to any and all applicable provisions of this Chapter, including Zoning Administrator approval when required: 1. Street address numbers. 2. Any sign four (4) square feet or less in area not otherwise prohibited by this Chapter. 3. Repainting. 4. Minor, nonstructural repairs to signs or sign supports. 5. Temporary signs, except banner signs. 6. Window signs. 7. Changes to a sign panel or copy on an existing sign. RESOLUTION 2023-03 C. Failure to conform to the conditions of a building permit, including any conditions and/or stipulations attached thereto by the Town Council and/or Board of Adjustment, shall render such permit void. D. Fees for building permits shall be required and payable in such sums as the Town Council may from time to time establish as part of the Town’s annual budget or by separate resolution. E. A building permit for a sign does not include electrical work (a separate building permit application is needed for electrical work); however, this exemption shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Fountain Hills Town Code or any other laws or ordinances. F. Building permit applications for signs shall include sufficient information regarding the size of the property, the building, and the tenant occupancy; the dimensions and size of each sign; sign height and location; lighting, including information needed to determine compliance with Chapter 8, Outdoor Lighting Control, of the Zoning Ordinance; materials used; and other pertinent information as needed to evaluate the proposed sign for compliance with this Chapter. (21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.04 Violations, ENFORCEMENT, and Penalty A. PERMANENT SIGNS. 1. Any of the following shall be a violation of this Chapter and shall be subject to the enforcement remedies and penalties provided by the Town of Fountain Hills Zoning Ordinance, FOUNTAIN HILLS TOWN CODE, and by state law, as applicable: 1A. To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone within which the sign is located. 2B. To install, create, erect or maintain any sign requiring a permit without such a permit. 3C. To fail to remove any sign that is installed, created, erected or maintained in violation of this Chapter, or for which the building permit has lapsed. D. TO FAIL TO REMOVE ANY SIGN IDENTIFYING OR ADVERTISING A BUSINESS OR ANY PRODUCT SOLD THEREBY IN THE EVENT THE BUSINESS CEASES OPERATION FOR MORE THAN A NINETY (90) DAY PERIOD OR HAS NO ACTIVE BUSINESS LICENSE. B2. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty provisions set forth below. IN THE CASE OF OUTDOOR ADVERTISING USES OR STRUCTURES, THE VIOLATION MUST CONSTITUTE AN IMMEDIATE THREAT TO THE HEALTH AND SAFETY OF THE GENERAL PUBLIC BEFORE EACH DAY OF A CONTINUED VIOLATION MAY BE CONSIDERED A SEPARATE VIOLATION FOR PENALTY PURPOSES. RESOLUTION 2023-03 C3. The violations set forth in this section are declared to be civil in nature. The responsible parties for enforcement purposes are: 1A. The owner or operator of the business identified on the sign; and 2B. The owner of the property to which the sign is directing pedestrian or vehicular traffic. C. THE OWNER OF THE PROPERTY WHERE THE SIGN IS PHYSICALLY LOCATED. D4. Enforcement of violations of this Chapter PERMANENT SIGN REGULATIONS MAY shall be made through the use of the civil citation process set forth in Section 1-8-3 of the Town Code. AND/OR THROUGH ONE OF THE ACTIONS LISTED BELOW: Fines may be assessed according to the following schedule: 1. First offense, fine not to exceed $50.00 and confiscation of sign(s). 2. Second offense within twelve (12) calendar months of first offense, fine not to exceed $100.00 and confiscation of sign(s). 3. All subsequent violations within twelve (12) calendar months of the first offense, fine not to exceed $250.00 and confiscation of sign(s). A. ISSUING A STOP-WORK ORDER FOR ANY AND ALL WORK ON ANY SIGNS ON THE SAME LOT; B. SEEKING AN INJUNCTION OR OTHER ORDER OF RESTRAINT OR ABATEMENT THAT REQUIRES THE REMOVAL OF THE SIGN(S) OR THE CORRECTION OF THE NONCONFORMITY; OR, C. IN THE CASE OF A SIGN THAT POSES AN IMMEDIATE DANGER TO THE PUBLIC HEALTH OR SAFETY, THE TOWN MAY TAKE SUCH MEASURES AS ARE AVAILABLE UNDER THE APPLICABLE PROVISIONS OF THE ZONING ORDINANCE AND BUILDING CODE FOR SUCH CIRCUMSTANCES. D. THE TOWN SHALL HAVE SUCH OTHER REMEDIES AS ARE AND AS MAY FROM TIME TO TIME BE PROVIDED FOR OR ALLOWED BY STATE LAW FOR THE VIOLATION OF THE ZONING ORDINANCE. Section 6.05 Enforcement and Remedies AB. TEMPORARY SIGNS. RESOLUTION 2023-03 1. IT SHALL BE A VIOLATION OF THIS CHAPTER TO INSTALL, ERECT OR MAINTAIN ANY TEMPORARY SIGN IN A WAY THAT IS INCONSISTENT WITH THE PROVISIONS OF THIS CHAPTER. 2. IF ANY SUCH VIOLATION IS CONTINUED, THEN EACH DAY OF A CONTINUED VIOLATION SHALL BE CONSIDERED A SEPARATE VIOLATION WHEN APPLYING THE PENALTY PROVISIONS SET FORTH BELOW. IN THE CASE OF OUTDOOR ADVERTISING USES OR STRUCTURES, THE VIOLATION MUST CONSTITUTE AN IMMEDIATE THREAT TO THE HEALTH AND SAFETY OF THE GENERAL PUBLIC BEFORE EACH DAY OF A CONTINUED VIOLATION MAY BE CONSIDERED A SEPARATE VIOLATION FOR PENALTY PURPOSES. 3. Any violation or attempted violation of this Chapter or of any condition or requirement adopted pursuant hereto may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this Chapter shall be considered a violation of the Zoning Ordinance. The remedies of the Town shall ENFORCEMENT OF TEMPORARY SIGN REGULATIONS include, but are not limited to, the following: 1A. Issuing a civil citation for the violation AS SET FORTH IN SECTION 1-8-3 OF THE TOWN CODE; 2. Issuing a stop-work order for any and all work on any signs on the same lot; 3B. Confiscation of sign(s); AND/OR, C. ANY OF THE ENFORCEMENT METHODS PROVIDED FOR PERMANENT SIGNS, AS APPLICABLE. 4. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; 5. Imposing any penalties that can be imposed directly by the Town under the Zoning Ordinance; 6. Seeking in court the imposition of any penalties that can be imposed by such court under the Zoning Ordinance; and 7. In the case of a sign that poses an immediate danger to the public health or safety, the Town may take such measures as are available under the applicable provisions of the Zoning Ordinance and Building Code for such circumstances. 8. The Town shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the Zoning Ordinance. RESOLUTION 2023-03 BC. All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. SECTION 6.05 – RESERVED Section 6.06 Sign Plans Sign plans may be used to establish unique signage criteria to a given property or for a combination of properties that function as an integrated commercial complex. A. Purpose. The purpose of a sign plan is to: 1. Allow for unique sign design based on the unique or unusual physical characteristics of a given property; 2. Provide the opportunity to adjust the balance of attached and detached sign allowances; 3. Encourage unified signage in commercial and industrial complexes; and 4. Encourage creative design of signs. B. Application Requirements. 1. A written request signed by the property owner(s) and payment of the required fee. 2. A written project narrative describing the proposed sign plan with any deviations from current code requirements being requested. 3. Graphic illustrations depicting, at a minimum: a. Proposed sign locations and sizes; b. The proposed signs including sign base/structure for detached signs; c. Type of illumination; and d. Color and material boards for signs and sign structures. C. Review Criteria and Sign Design. 1. Review Criteria. The Zoning Administrator may approve a sign plan containing elements that exceed by up to ten (10) percent the permitted ALLOWED height and area of signs as specified in this Chapter if the sign plan conforms with at least one of the following criteria: RESOLUTION 2023-03 a. The development contains unique or unusual physical conditions, such as topography, proportion, size, or relation to a public street that would limit or restrict normal sign visibility; or b. The proposed or existing development exhibits unique characteristics of land use, architectural style, site location, physical scale, historical interest, or other distinguishing feature(s) that represent a clear variation from conventional development; or c. The proposed signage incorporates special design features such as lighting, materials and craftsmanship, murals, or statuaries that reinforce or are integrated with the building architecture. 2. Creative Design. Applications for consideration of a sign plan should include creative design elements that incorporate the design of the sign into the architecture of the building. Signs which go beyond the minimum guidelines provided in Section 6.07(G) by meeting the criteria below can increase their allowed sign area by an additional ten (10) percent. To qualify for the additional sign area, the sign shall: a. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area; b. Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; c. Utilize or enhance the architectural elements of the building; and d. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion. D. Approval. The sign plan shall be reviewed and approved by the Zoning Administrator. (21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.07 General Regulations A. Maintenance. 1. Any sign hereafter erected or maintained shall maintain conformance to the provisions of this Chapter and the provisions of the Town Code. 2. Every sign permittedALLOWED by this Chapter must be kept in good condition and repair. 3. When any sign becomes in danger of falling, or is otherwise deemed unsafe by the Town’s Chief Building Official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this Chapter, the property owner, or the person or firm using the sign, shall, upon written notice by the Chief Building Official, or immediately in the case of immediate danger, and in any case within not more than ten (10) days after notice: RESOLUTION 2023-03 a. Make such sign conform to the provisions of this Chapter; or b. Remove the sign. 4. If, within ten (10) days, the order is not complied with, the Chief Building Official may remove the sign or cause the sign to be removed at the expense of the property owner and/or user of the sign. B. Sign Location, Prohibited Locations. 1. LOCATION REQUIREMENT. Except as specifically provided for in Section 6.08 for some temporary signs, signs SIGNS shall be placed on the property for which the business, activity, commodity, service, product, or event is conducted, sold, or offered. THE FOLLOWING EXCEPTIONS MAY BE ALLOWED: a. In the case of condominium developments, the common area can be used for signage for any occupancy within the condominium. b. As provided in Section 6.06 commercial and industrial developments that have multiple properties that utilize a common access and parking field may utilize a sign plan to allow for common street frontage monument signs that provide signage for individual businesses in the development but not on the same property as the sign. C. TEMPORARY SIGNS MAY BE ALLOWED OFF-SITE IN THE PUBLIC RIGHT-OF- WAY AS SPECIFIED IN FOR EACH SIGN TYPE IN SECTION 6.08. 2. Prohibited Locations. Signs are prohibited in the following locations: a. TOWN RIGHTS-OF-WAY AND PUBLIC PROPERTY. MORE SPECIFICALLY: I. Within, on, or projecting over the right-of-way, except as: 1. sSpecifically provided for in this Chapter FOR A-FRAME, T-FRAME, POST AND BOARD, AND YARD SIGNS;, or as 2. aAllowed through Town approval of a special event permit; OR 3. ALLOWED BY ARS 16-1019, WHETHER OR NOT A PRIMARY ELECTION IS SCHEDULED TO OCCUR DURING THE ELECTION CYCLE. FOR NON- PRIMARY ELECTIONS THE SIGNS MAY BE PLACED UP TO 60 DAYS PRIOR TO THE ELECTION. BII. WITHIN A MEDIAN OR OOn public property, unless otherwise permitted ALLOWED by this Chapter. CB. IN A MANNER THAT CREATES SAFETY, VISIBILITY, OR ACCESS HAZARDS. MORE SPECIFICALLY: RESOLUTION 2023-03 dI. Placed in a manner that obstructs the visibility of any authorized traffic sign, traffic signal, or another traffic control device. EII. Placed in a manner that blocks the vehicular line of sight at a street intersection, or the intersection of a street and driveway. III. PLACED IN A MANNER THAT OBSTRUCTS ADA ACCESS OR PREVENTS INGRESS OR EGRESS FROM ANY WINDOW OR DOOR, OR OTHER ACCESS-WAY REQUIRED BY THE BUILDING CODE OR FIRE CODE AS ADOPTED BY THE TOWN OF FOUNTAIN HILLS. IV. LOCATED CONTRARY TO THE STANDARDS OF HORIZONTAL AND VERTICAL CLEARANCE FROM ELECTRICAL WIRES AND CONDUCTORS AS SPECIFIED IN THE BUILDING CODE AS ADOPTED BY THE TOWN OF FOUNTAIN HILLS. FC. IN A MANNER THAT INTERFERES WITH OR OBSTRUCTS THE ARCHITECTURAL DESIGN OF THE BUILDING. MORE SPECIFICALLY: I. COVERS THE ARCHITECTURAL FEATURES OF A BUILDING SUCH AS DORMERS, INSIGNIAS, PILASTERS, SOFFITS, TRANSOMS, TRIMS, OR SIMILAR ARCHITECTURAL ELEMENTS OR DEVICES. II. PLACED ON THE ROOF OF A BUILDING OR EXTENDS HIGHER THAN THE HIGHEST POINT OF THE PORTION OF THE BUILDING TO WHICH THE SIGN IS ATTACHED. D. MISCELLANEOUS PROHIBITED LOCATIONS. I. Affixed to fuel tanks, storage containers, or solid waste receptacles, except signs related to the manufacturer’s or installer’s identification, warning signs, and placards, and information otherwise required by law. GII. Tacked, painted, burned, cut, pasted, or otherwise affixed to trees, shrubs, posts, ladders, benches, or similar supports if visible from across a property boundary or from the right-of-way.h. Placed in a manner that obstructs ADA access or prevents ingress or egress from any window or door, or other access-way required by the Building Code or Fire Code as adopted by the Town of Fountain Hills. i. Covers the architectural features of a building such as dormers, insignias, pilasters, soffits, transoms, trims, or similar architectural elements or devices. j. Placed on the roof of a building or extends higher than the highest point of the portion of the building to which the sign is attached. RESOLUTION 2023-03 KIII. Attached to a standpipe, gutter, drain, or fire escape, or placed in a manner that impairs roof access.l. Located contrary to the standards of horizontal and vertical clearance from electrical wires and conductors as specified in the Building Code as adopted by the Town of Fountain Hills. ME. Temporary signs within the Shea Boulevard right-of-way, except as specifically provided in this Chapter. C. Nonconforming Signs. 1. Any sign legally existing at the time of the passage of the ordinance codified in this Chapter that, due to changes in this Chapter, no longer conforms in use, location, height or size with the regulations of this Chapter shall be considered a legal nonconforming use and may continue in use until such time as it is removed or abandoned for a period of six or more continuous months. Except as otherwise set forth in subsections (C)(2) and (C)(3) of this section, any change in the sign, including a 50% or more change of sign copy, shall be considered an abandonment and the legal nonconforming status of the sign shall become void. 2. Whenever the name of a business or other sign text changes, any legal nonconforming signs associated with the business shall be modified to bring them into conformance with this Chapter, even though the change is a change of sign copy only. This subsection shall not apply to signs designed with interchangeable letters or panels or to the text area of a monument sign. 3. Legal nonconforming freestanding signs, sign structures, poles and other related equipment that have been abandoned or not in use for more than six months shall be removed and the building, land or site restored to its original state. 4. ELECTRONIC MESSAGE CENTER SIGNS APPROVED PRIOR TO THE ADOPTION OF THIS ORDINANCE ARE LEGAL, NONCONFORMING SIGNS WHICH CAN CONTINUE TO OPERATE ACCORDING TO THE REGULATIONS STATED BELOW PROVIDED, IF THEY ARE ABANDONED AS PROVIDED IN C. 1. OR C. 3, THEY SHALL NO LONGER BE ALLOWED AND MUST BE REMOVED. A. THERE SHALL BE NO MOVING OR FLASHING GREEN OR RED FEATURES THAT CAN BE MISTAKEN AS TRAFFIC CONTROL DEVICES. B. EACH MESSAGE ON THE SIGN MUST BE DISPLAYED A MINIMUM OF EIGHT (8) SECONDS. C. EMC SHALL CONTAIN STATIC MESSAGES ONLY AND SHALL NOT HAVE MOVEMENT, OR THE APPEARANCE OR OPTICAL ILLUSION OF MOVEMENT, OF ANY PART OF THE SIGN STRUCTURE, DESIGN OR PICTORIAL SEGMENT OF THE SIGN, INCLUDING MOVEMENT OR APPEARANCE OF MOVEMENT OR ANY ILLUMINATION OF THE FLASHING, SCINTILLATING OR VARYING OF LIGHT INTENSITY. RESOLUTION 2023-03 D. MESSAGE CHANGE IS ALLOWED THROUGH FADE, DISSOLVE, TRAVEL, OR SCROLLING MODES NOT TO EXCEED TWO (2) SECONDS IN TRANSITION. E. WHEN A BUSINESS IS CLOSED, THE SIGN MAY CONTINUE TO BE LIT, BUT MAY ONLY DISPLAY A STATIC MESSAGE. F. NIGHTTIME ALLOWANCES. FROM ONE (1) HOUR AFTER OFFICIAL SUNSET UNTIL ONE (1) HOUR BEFORE OFFICIAL SUNRISE, THE MAXIMUM LUMINANCE LEVEL OF ANY EMC SHALL BE 100 NITS. G. MEASUREMENT CRITERIA. THE LUMINANCE OF AN ELECTRONIC MESSAGE CENTER SHALL BE MEASURED WITH A LUMINANCE METER SET TO MEASURE CANDELAS PER SQUARE METER (NITS) TRACEABLE TO A NATIONAL INSTITUTE FOR STANDARDS AND TECHNOLOGY (NIST) STANDARD AND USING ACCEPTED PROFESSIONAL PRACTICES FOR MEASUREMENT AS ESTABLISHED BY THE DEVELOPMENT SERVICES DIRECTOR. H. ALL PERMITTED ELECTRONIC MESSAGE CENTERS SHALL BE EQUIPPED WITH A SENSOR OR OTHER DEVICE THAT AUTOMATICALLY DETERMINES THE AMBIENT ILLUMINATION AND PROGRAMMED TO AUTOMATICALLY DIM ACCORDING TO AMBIENT LIGHT CONDITIONS, OR THAT CAN BE ADJUSTED TO COMPLY WITH THE 100 NITS MAXIMUM NIGHTTIME LUMINANCE REQUIREMENT. I. IN THE EVENT A SIGN IS FOUND TO BE OUT OF COMPLIANCE WITH THE LUMINANCE LEVELS REQUIRED BY THIS CHAPTER, THE SIGN SHALL REMAIN OFF UNTIL THE SIGN IS BROUGHT INTO COMPLIANCE. D. Standards of Measurement. 1. Sign Area Measurement. Sign area for all sign types is measured as follows: a. For sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed, the sign area is the area within the outside dimensions of the background panel or surface. Example Sign Copy Area RESOLUTION 2023-03 b. For sign copy consisting of individual letters and/or graphics affixed to a wall or portion of a building that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, the sign area is the area within the sum of the one (1) or two (2) smallest tangent rectangle(s) or other standard geometric shapes (e.g., circle, triangle, regular ellipse, regular rhombus, or regular parallelogram), or combination of rectangles and standard regular geometric shapes that will enclose both the sign copy and background. When two (2) shapes are used, the shapes must include at least one (1) point of common tangency between the two (2) shapes. Example Sign Area c. For sign copy mounted or painted on an internally illuminated sign or internally illuminated element of a building, the entire internally illuminated surface or architectural element that contains sign copy will be counted as sign area. Example Illuminated Sign Area RESOLUTION 2023-03 d. Multifaced signs: i. One face: the sign area is the area of the single face only. ii. Two faces: if the interior angle between the two sign faces is forty-five (45) degrees or less, the sign area is the area of one face only; if the angle between the sign faces exceeds forty-five (45) degrees, the sign area is the sum of the areas of the two faces. iii. Three or more faces: the sign area is the sum of areas of all the sign faces. Example Sign Face Area iv. Three dimensional, sculptural or other nonplanar signs: the sign area will be the sum of the areas of the vertical faces of the smallest polyhedron that will encompass the sign structure. Example Dimensional Sign Area RESOLUTION 2023-03 2. Sign Height Measurement. Sign height is measured as follows: a. Freestanding Sign. Sign height is the distance from the top of the sign face or structure (except for architectural embellishment as provided below), whichever is taller, to the top of curb of the public road nearest the sign, or to the crown of public road nearest the sign if no curb exists. Example Freestanding Sign Height b. Wall or Fascia Mounted Signs. Sign height is the distance measured from a point perpendicular to the top of the midpoint of the sign structure, to the top of the finished floor of the ground floor level directly below the midpoint of the sign. Example Midpoint of Sign RESOLUTION 2023-03 E. Prohibited Signs. Signs not specifically authorized herein are prohibited, including, but not limited to, the following: 1. Neon signs, except as permitted ALLOWED in Section 6.08(A)(16). 2. Any sign emitting sound. 3. Any animated or moving sign, including televisions or signs with streaming video. 4. Mobile signs, except for sign walkers or as otherwise specifically permitted ALLOWED. 5. Billboards. 6. Non-electrically illuminated signs. 7. Any nonpublic signs in public right-of-way or on public property, except as otherwise specifically permitted ALLOWED. 8. All off-site signs, except as specifically permitted ALLOWED IN THIS CHAPTER. 9. All banners, pennants, streamers, feather signs, balloons, flags, searchlights, strobe lights, beacons, and inflatable signs, except as specifically defined and permitted ALLOWED IN THIS CHAPTER. 10. Any sign imitating an official traffic control sign and any sign or device obscuring one or more traffic control signs or devices. 11. Any sign which is structurally unsafe, unsafely installed, or otherwise hazardous to physical safety. 12. Signs not authorized by the property owner, except as specifically permitted. 13. ELECTRONIC MESSAGE CENTERS. F. Illumination. RESOLUTION 2023-03 1. Temporary signs shall not be illuminated. 2. Sign illumination, where allowed, shall be in conformance with provisions of Chapter 8, Outdoor Lighting Control, of the Zoning Ordinance. 3. When externally illuminated, the source of a sign’s illumination shall not be visible from any adjacent residential streets or neighborhoods. 4. No illuminated sign shall be placed or constructed on a vacant or undeveloped lot or parcel. 5. The following types of illumination are prohibited: a. Flashing, blinking, TRAVELING, or rotating lights; b. Metal halide lighting; c. High- or low-pressure sodium light bulbs; and d. Mercury vapor light sources. 6. See Section 6.08(B)6.07 C. 4. for luminance standards for electronic message centers. G. Design Guidelines and Standards for Signs and Sign Structures. 1. Permanent signs and sign structures should: a. Be designed to be attractive and artistic; b. Incorporate design features associated with the buildings or structures, and should constitute an architectural component of the overall development that is compatible with, and not incongruous to, the architectural style and character of the development of the property associated with the sign; and c. Utilize materials and design themes consistent with the architectural design theme of the development, as expressed by the building architecture, landscaping, and overall site development. 2. Permanent signs and sign structures: a. Shall be mounted so that the attachment device is not visible. b. Letters attached or anchored to the face of an exposed standard raceway should be architecturally designed and integrated into the building. c. Raceways shall either: i. Be finished to match the color of the building adjacent to the raceway and design elements of the building, or RESOLUTION 2023-03 ii. When a raceway is provided as an architectural enhancement to the building elevation, the raceway must be in a contrasting color and material. 3. Temporary signs shall be made of durable materials and properly maintained in good repair. Section 6.08 Sign Requirements and Allowances A. Sign Types. The following sign types are allowed in Fountain Hills: 1. A-Frame and T-Frame Signs. a. DESCRIPTION. A SELF-SUPPORTING, TEMPORARY, LIGHTWEIGHT, PORTABLE SIGN MADE OF DURABLE, NONPLIANT MATERIAL SUCH AS WOOD, SHEET METAL, OR PLASTIC THAT IS DESIGNED TO REST ATOP THE GROUND WITHOUT PENETRATING THE GROUND. B. Zoning/Use. i. Single-family and multifamily residential zoning districts, PAD ZONING WITH A RESIDENTIAL LAND USE, AND RESIDENTIAL DEVELOPMENTS IN COMMERCIAL ZONING DISTRICTS only when in compliance with subsection D C of this section; ii. Commercial or industrial zoning districts; and iii. PADs with commercial or industrial uses. bC. Size/Height. I. Maximum sign area FOR ANY SIGN is six (6) square feet. RESOLUTION 2023-03 II. WHEN MULTIPLE SIGNS ARE USED, THE MAXIMUM AGGREGATE AREA IS NINE (9) SQUARE FEET. III. Maximum sign height is three (3) feet. cD. Number. i. In single-family and multifamily districts, as allowed by subsection D C of this section. ii. One per business PER PUBLIC ENTRY in commercial or industrial districts WITH A MAXIMUM OF TWO PER BUSINESS. dE. Location. Shall not be used as an off-site sign, except as provided below: i. On property held in common by members of a property owner’s association or on property owned by the business owner’s landlord, but not within any designated parking or loading area. Ii. As provided in subsection D C of this section FOR RESIDENTIAL ZONING AND LAND USES. iii. IN THE PUBLIC RIGHT-OF-WAY, INCLUDING SHEA BOULEVARD, UNDER THE FOLLOWING CONDITIONS: 1. ALL COMMERCIAL AND INDUSTRIALLY ZONED AREAS AND IN THE RIGHT-OF-WAY ADJOINING THESE ZONING DISTRICTS. 2. SIGNS PLACED IN THE PUBLIC RIGHT-OF-WAY MUST ADHERE TO THE FOLLOWING REQUIREMENTS: 1A. Shall not be located on the paved portion of any public street or in any median; 2B. Shall not be located within a designated parking or loading area; 3C. Shall not be located in a manner that poses a traffic vision hazard; 4D. Shall not be located on a public sidewalk EXCEPT IN THE TOWN CENTER PEDESTRIAN AREA WHEN unless there is at least six FOUR (64) feet of clear passage around at least one side and the sign owner provides the town an indemnification agreement with regards to the sign; and 5E. Shall be at least three TWO (32) feet from any curb or edge of pavement;. AND, F. SHALL BE REMOVED BETWEEN THE HOURS OF OFFICIAL SUNSET AND OFFICIAL SUNRISE, EXCEPT IN THE TOWN CENTER PEDESTRIAN AREA iv. Landscaping cannot be modified or damaged to accommodate an A-frame sign. RESOLUTION 2023-03 eF. Miscellaneous Requirements. i. Attachments to A-frame signs are limited to not more than four (4) balloons or flags, no more than one (1) square foot in size, EACH AND flown WITH THE TOP OF THE BALLOON no higher than TEN (10) six (6) feet from the ground. II. LANDSCAPING CANNOT BE MODIFIED OR DAMAGED TO ACCOMMODATE AN A-FRAME SIGN. 2. Awning or Canopy Sign. a. DESCRIPTION: A PERMANENT SIGN THAT IS APPLIED TO, PLACED ON, AFFIXED TO, OR PAINTED ON AN AWNING OR CANOPY. b. Zoning/Use. i. Permitted nonresidential uses in a residential zoning district; ii. An apartment building in a multifamily zoning district; iii. Commercial or industrial zoning districts; and iv. PADs with similar uses. bC. Size/Height. i. A sign placed on the side or face of an awning or canopy may not exceed 25% of the area of the face of the awning or canopy on which the sign is placed. ii. A sign placed on top of a canopy may not exceed one (1) square foot of area for each linear foot of the length of the canopy on the side containing the sign for single occupancies and for the length of the occupancy for multiple occupancy buildings. RESOLUTION 2023-03 cD. Number. One (1) sign per occupancy. dE. Location. On an approved canopy. eF. Miscellaneous Requirements. i. When placed on top of a canopy, must consist of individual alphanumeric characters only. 3. Balloons. a. DESCRIPTION. A TEMPORARY SIGN PROFESSIONALLY MADE FROM A BAG OR SIMILAR FLEXIBLE, NONRIGID ENCLOSURE THAT HOLDS GAS OR AIR AND IS ATTACHED BY A TETHER TO A FIXED PLACE. B. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Commercial or industrial zoning districts; and iii. PADs with similar uses. bC. Size/Height. No balloon shall be bigger than twenty-four (24) inches in diameter and can be no higher than six (6) feet from the ground. cD. Number. N/A. dE. Location. i. When part of a business, within the area leased by the business. RESOLUTION 2023-03 ii. When adjacent to a building, not more than four (4) feet from the face of the building and within twenty (20) feet of the main building entrance. iii. When attached to an authorized temporary sign, in locations where the temporary signs are permittedALLOWED. iv. Shall not be displayed within the perimeter landscape area. v. Shall not encroach within on-site fire lanes. vi. Shall not be attached to or hung from a tree or shrub. vii. Shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, or at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic signal, sign or device. eF. Miscellaneous Requirements. i. Balloons must be tethered to a secure location that prevents high winds from removing the balloon or causing it to create an obstruction. ii. May be displayed for a maximum of thirty (30) days per calendar year. Additional days may be approved through approval of a Temporary Use Permit. 4. Banners. a. DESCRIPTION. A TEMPORARY SIGN MADE OF CANVAS, PLASTIC, VINYL, OR OTHER PLIABLE MATERIAL ATTACHED TO A WALL, FRAME, STAKES, OR OTHER SUPPORT STRUCTURE BY AT LEAST THE FOUR CORNERS OF THE BANNER. B. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; RESOLUTION 2023-03 ii. Apartment complexes MULTIFAMILY DEVELOPMENTS containing more than twenty (20) units in multifamily or commercial zoning districts; iii. Commercial or industrial zoning districts; and iv. PADs with similar uses. bC. Size/Height. Maximum sign area shall be thirty-two (32) square feet. cD. Number. One (1) per occupancy. dE. Location. i. Within the area owned or leased by the business or use. ii. Shall not be displayed in any parking space, drive aisle or the required perimeter landscape area. iii. Shall not encroach within on-site fire lanes. iv. Shall not be attached to or hung from a tree or shrub. v. Shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, or at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic signal, sign or device. eF. Miscellaneous Requirements. i. A Banner Permit must be obtained from the Development Services Department prior to display of a banner sign. EXCEPT FOR NEW BUSINESSES AS ALLOWED IN 6.08 A 4 F III. 2. BELOW, EACH PERMIT SHALL BE FOR A MAXIMUM OF 30 DAYS. ii. Banners must be affixed to a secure location that prevents high winds from removing the banner or causing it to create an obstruction. iii. May be dDisplayed OF BANNER SIGNS IS SUBJECT TO THE FOLLOWING TIME ALLOWANCES: 1. for aA maximum of thirty (30) DAYS AT A TIME FOR A TOTAL MAXIMUM OF ONE HUNDRED FIFTY (30150) days per calendar year. Additional days may be approved through approval of a Temporary Use Permit. 2. NEW BUSINESSES, AS DOCUMENTED THROUGH THE ISSUANCE OF A NEW BUSINESS LICENSE, MAY BE APPROVED FOR DISPLAY OF A BANNER SIGN FOR UP TO ONE CALENDAR (1) YEAR FROM THE DATE THE BUSINESS OPENS. SIGN MUST BE MAINTAINED IN GOOD REPAIR. RESOLUTION 2023-03 MESSAGE ON THE SIGN MAY BE CHANGED UP TO FOUR TIMES DURING THE YEAR. 5. Building Wall Sign. a. DESCRIPTION. A PERMANENT SIGN MOUNTED FLAT AGAINST OR PAINTED ON THE WALL OF A BUILDING WITH THE EXPOSED FACE OF THE SIGN IN A PLANE PARALLEL TO THE FACE OF THE WALL. B. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Apartment complexes containing more than twenty (20) units in multifamily or commercial zoning districts; iii. Commercial or industrial zoning districts; and iv. PADs with similar uses. bC. Size/Height. i. One and one-half (1.5) square feet of sign area is allowed for each lineal foot of occupancy frontage along a street. All occupancies with an exterior wall are allowed a minimum of twenty- four (24) square feet of signage. The maximum allowed sign area for an individual sign is one hundred (100) square feet. ii. Corner buildings may transfer up to 25% of the area from one building frontage to the other if the angle of the building at the corner is between forty-five degrees (45˚) and ninety degrees (90˚). Each side of corner buildings with building frontages less than forty-five degrees (45˚) and RESOLUTION 2023-03 between ninety degrees (90˚) and one hundred eighty degrees (180˚) shall be considered as one frontage and may not transfer sign area. iii. Sign area must allow a minimum of a two (2) foot border from the edge of the building or suite frontage, or a minimum two (2) foot separation between signs, whichever is greater. cD. Number. One sign for each fifty (50) feet of occupancy per street frontage, or portion thereof. dE. Location. Shall not be located in a manner that is prohibited in Section 6.07( B )(2)(hC) through (B)(2)(l). eF. Miscellaneous Requirements. i. Each wall sign may project no more than twelve (12) inches from the surface of the wall to which is it attached. ii. Reverse pan channel letters with halo illumination must not exceed a one and three-quarters (1.75) inch separation from the wall. iii. In the C-2, C-3, and TCCD zoning districts, a building wall sign may be added to a secondary entrance in addition to total aggregate sign area if the following criteria are met: 1. Sign area shall not exceed 25% of the primary total aggregate sign area. 2. The secondary entrance must not be visible from the main public entrance. 3. The secondary entrance must face a rear parking area, common area or public use frontage. 6. Drive-Through Sign. a. DESCRIPTION. A PERMANENT, FREESTANDING SIGN ADJACENT TO A DRIVE- THROUGH, TYPICALLY PLACED IN OR NEAR AN AREA WHERE ORDERS ARE TAKEN FROM OCCUPANTS OF A VEHICLE. RESOLUTION 2023-03 B. Zoning/Use. Commercial or industrial zoning districts or PAD with similar uses. bC. Size/Height. Maximum sign area shall be twenty (20) square feet. Maximum sign height is five (5) feet. cD. Number. Maximum of one (1) per drive-through lane. dE. Location. i. Within five (5) feet of a drive-through lane. ii. Cannot be readable from any public street or alley. iii. Must be at least one hundred fifty (150) feet from any residential zoning district or fully screened from residential view by a masonry wall. eF. Miscellaneous Requirements. i. Minimum of four (4) square feet of landscaping per one (1) square foot of sign area shall be provided at the base of the sign. 7. Flags. a. DESCRIPTION. A FABRIC SHEET OF SQUARE, RECTANGULAR, OR TRIANGULAR SHAPE THAT IS DESIGNED TO BE MOUNTED BY A CABLE OR ROPE TO A POLE AT ONE END. B. Zoning/Use. Allowed in all zoning districts. bC. Size/Height. i. The maximum size of a flag is twenty-four (24) square feet in residentially zoned property or property zoned PAD with residential uses and sixty (60) square feet in all other zoning districts. ii. The maximum flagpole height is the height allowed in the zoning district and Section 5.07(B). cD. Number. RESOLUTION 2023-03 i. If hung from the side of a building, one (1) per unit or tenant space. ii. Each flagpole may contain up to two (2) flags. dE. Location. Flagpoles must be located so that if the pole should fall, it will remain on the property containing the pole. eF. Miscellaneous Requirements. i. Developed single-family lots may contain one flagpole. ii. Model home complexes may have two (2) flagpoles on one (1) lot and one (1) flagpole on additional lots up to a maximum of five (5) flagpoles. iii. All other properties may have up to two (2) flagpoles. iv. The length of the flag, which is the longer side of the flag that is perpendicular to the flagpole, shall not exceed one-third (1/3) of the in-ground pole height. v. May be hung on the side of a building only on national or state holidays. 8. Freestanding Wall/Fence Sign. a. DESCRIPTION. A PERMANENT SIGN THAT IS APPLIED TO, PLACED ON, AFFIXED TO, OR PAINTED ON A WALL OR FENCE THAT IS NOT PART OF THE BUILDING(S) ON THE PROPERTY. B. Zoning/Use. RESOLUTION 2023-03 i. Subdivision entry feature for single-family and multifamily developments in all residential zoning districts; ii. Commercial or industrial zoning districts; and iii. PADs with similar uses. bC. Size/Height. Maximum sign area is twenty-four (24) square feet. Maximum sign height is six (6) feet. cD. Number. One per development entry. dE. Location. Part of or attached to a perimeter wall surrounding a development. eF. Miscellaneous Requirements. i. A minimum of two (2) square feet of landscape area per one (1) square foot of sign area shall be provided at the base of the sign. ii. Sign area may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, nonopaque panels are not permittedALLOWED. iii. The text area of the sign may be illuminated by fully shielded, ground mounted directional lighting. 9. Hanging or Under-Canopy Sign. a. DESCRIPTION. A PERMANENT SIGN SUSPENDED FROM AND LOCATED ENTIRELY UNDER A COVERED PORCH, COVERED WALKWAY, AWNING, OR CANOPY. RESOLUTION 2023-03 B. Zoning/Use. Any commercial or industrial zoning district and PADs with similar uses. bC. Size/Height. Maximum sign width is twenty-four (24) inches, maximum sign height is twelve (12) inches. Minimum clearance is at least eight (8) feet from the bottom of the sign to the sidewalk or surface beneath the sign. cD. Number. One (1) per occupancy. dE. Location. Under an awning or canopy associated with the business or activity. eF. Miscellaneous Requirements. i. If located over an abutting Town right-of-way, must obtain an encroachment permit from the Town. 10. Monument Sign. a. DESCRIPTION. A PERMANENT SIGN MOUNTED ON OR INCORPORATED INTO A SOLID, SELF-SUPPORTING BASE THAT IS NOT PART OF A BUILDING OR WALL. RESOLUTION 2023-03 B. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Entry feature into a subdivision in single-residence zoning districts; iii. Apartment or condominium complex containing more than twenty (20) dwellings in multifamily zoning districts; iv. Commercial or industrial zoning districts; and v. PADs with similar uses. bC. Size/Height. Table 6.08(B). Size and Height Allowances for Monument Signs Zoning District Maximum Size Maximum Height Single Residential 32 sq. ft. 6 feet Multi-residential 32 sq. ft. 8 feet Commercial/Industrial 50 sq. ft. for an individual sign 12 feet cD. Number. One monument sign per lot or parcel for each full three hundred (300) feet of street frontage. dE. Location. i. Along a street frontage, but not within a public right-of-way. ii. Must be separated from any other monument sign on the same property by at least one hundred fifty (150) feet. RESOLUTION 2023-03 eF. Miscellaneous Requirements. i. A minimum of two (2) square feet of landscaping per one (1) square foot of sign area provided at the base of the sign. ii. Sign may be internally illuminated. iii. Sign area may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, nonopaque panels are not permittedALLOWED. iv. The text area of the sign may be illuminated by fully shielded, ground mounted directional lighting. 11. On-Site Directional Sign. a. DESCRIPTION. A SMALL PERMANENT SIGN LOCATED ADJACENT TO A DRIVEWAY OR DRIVE AISLE. B. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. bC. Size/Height. Maximum sign area is four (4) square feet. Maximum sign height is five (5) feet. cD. Number. As needed. dE. Location. At least twenty (20) feet from a public street and within five (5) feet of a driveway or drive aisle. 12. Post and Board Sign. a. DESCRIPTION. A TEMPORARY SIGN CONSTRUCTED OF PLYWOOD, SHEET METAL, THICK PLASTIC, OR SIMILAR MATERIAL ATTACHED TO ONE OR TWO POSTS FIXED IN THE GROUND. RESOLUTION 2023-03 B. Zoning/Uses. Allowed in all zoning districts. bC. Size/Height. i. Developed properties and undeveloped properties five (5) acres or less in size, the maximum sign area is six (6) square feet. Maximum sign height is five (5) feet in residentially zoned property and eight (8) feet in non-residentially zoned property. ii. Undeveloped property more than five (5) acres in size, maximum sign area is thirty-two (32) square feet. Maximum height is eight (8) feet. cD. Number. One (1) sign PER LOT per street front. FOR TWO (2) AND THREE (3) UNIT CONDOMINIUM DEVELOPMENTS, MAY HAVE ONE PER UNIT. dE. Location. i. Shall not be used as an off-site sign, except on property held in common by members of a property owner’s association, A CONDOMINIUM ASSOCIATION, or on property owned by the business owner’s landlord, but not within any designated parking or loading area. ii. Shall not A PROPERTY OWNER MAY PLACE A SIGN be located within the public right-of-way. However, in commercial and industrial zoning districts where buildings are built to the property line or in any zoning district where topography limits visibility behind the right-of- way, an encroachment permit may be requested to allow sign placement within the right-of-way, but not within a median, provided all portions of the sign structure and sign face are at least threeTWO (32) feet from the curb or edge of pavement and do not overhang a sidewalk, AND THE SIGN IS NOT WITHIN A SIGHT VISIBILITY TRIANGLE FOR A STREET INTERSECTION OR DRIVEWAY. 13. Projecting Sign. RESOLUTION 2023-03 a. DESCRIPTION. A PERMANENT SIGN ATTACHED TO A BUILDING IN A MANNER SUCH THAT ITS FACE IS NOT PARALLEL TO THE BUILDING TO WHICH IT IS ATTACHED. B. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. bC. Size/Height. Maximum sign width is three and one-half (3.5) feet. Maximum sign height is six (6) feet. Minimum clearance is eight (8) feet from the bottom of the sign to the sidewalk or surface beneath the sign. cD. Number. One per building. dE. Location. On the building outside the tenant space for which the sign is located. eF. Miscellaneous Requirements. i. If encroaching over an abutting Town right-of-way line, must obtain an encroachment permit from the Town. 14. Sign Walkers. a. DESCRIPTION. A PERSON WHO WEARS, HOLDS, WAVES, OR BALANCES A SIGN IN ORDER TO CONVEY A COMMERCIAL MESSAGE. RESOLUTION 2023-03 B. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. bC. Size/Height. Maximum sign area is five (5) square feet. cD. Number. One sign per business. dE. Location. i. If located in the right-of-way, a sign walker shall be positioned behind the curb, or, if no curb is present, ten (10) feet behind the edge of pavement. ii. Sign walkers shall be positioned so as to not obstruct vehicle sight lines and road “clear zones” established by the Town Engineer in accordance with traffic engineering standards. iii. Sign walkers shall not obstruct the free movement of pedestrians on sidewalks. iv. Sign walkers are not allowed in the medians of public or private streets. eF. Miscellaneous Requirements. i. Sign walkers shall not erect or place tents, temporary structures, umbrellas, chairs or stools anywhere within the public right-of-way or on adjacent property. 15. Vehicle Sign. a. DESCRIPTION. A SIGN PAINTED, ATTACHED, OR AFFIXED TO A TRAILER, WATERCRAFT, TRUCK, AUTOMOBILE, OR OTHER FORM OF MOTOR VEHICLE. RESOLUTION 2023-03 B. Zoning/Uses. Commercial and industrial zoning districts and PADs with similar uses. bC. Size/Height. N/A. cD. Number. N/A. dE. Location. Vehicle must be parked in an authorized location and in a lawful manner that is not distinct or different from the predetermined parking area design. eF. Miscellaneous Requirements. i. The vehicle must be operable and currently registered per Town Code. The primary purpose of the vehicle shall be in the operation of the business, e.g., transporting goods or providing services, and not displaying a sign. ii. Business or commercial vehicles displaying signage or advertising as a normal part of business activity may be parked in an off-street parking space adjacent to the business to which the vehicle relates as far from the public right-of-way as possible. If the vehicle is visible from the public right-of-way it shall not remain in the same parking space for more than forty-eight (48) hours. iii. Unless otherwise permitted, signs mounted, attached or painted on trailers, boats, motor vehicles or any moveable object placed on premises specifically to serve as additional signage are prohibited; they shall not become additional, permanent freestanding signs. iv. No sign shall be erected or attached to any vehicle except for signs that are magnetically attached to or permanently painted or wrapped on the surface of a vehicle. RESOLUTION 2023-03 16. Window Sign. a. DESCRIPTION. ANY POSTER, CUT-OUT LETTERS, PAINTED TEXT OR GRAPHICS, OR OTHER TEXT OR VISUAL PRESENTATION AFFIXED TO, OR LOCATED WITHIN SIX (6) FEET BEHIND, A WINDOWPANE AND PLACED TO BE READ FROM THE EXTERIOR OF A BUILDING. SUCH SIGNS MAY BE PERMANENT OR TEMPORARY. B. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. bC. Size/Height. May not cover more than fifty (50) percent of any window. cD. Number. N/A. dE. Location. On a window or within six (6) feet behind a window when intended to be viewed from outside the building. eF. Miscellaneous. May use neon signs for interior window displays in commercial and industrial districts. The total amount of neon signage for any one business shall be six (6) square feet. No more than two (2) neon signs shall be allowed for any business. 17. Yard Signs. a. DESCRIPTION. AN EASILY PORTABLE TEMPORARY SIGN UP TO SIX (6) SQUARE FEET IN SIZE THAT CAN BE IMPLANTED IN THE GROUND WITHOUT USE OF TOOLS. RESOLUTION 2023-03 B. Zoning. Allowed in all zoning districts. bC. Size/Height. Maximum sign area is six (6) square feet in single-family zoning districts and eight (8) square feet in all other zoning districts. Maximum sign height is three (3) feet in single-family zoning districts and five (5) feet in all other zoning districts. cD. Number. I. In single-FAMILY DISTRICTS OR USES, One TWO (12) signS per lotPROPERTY. II. IN MULTIFAMILY DISTRICTS OR USES, TWO (2) SIGNS PER PROPERTY; IF TWO (2) OR THREE (3) UNIT CONDOMINIUM DEVELOPMENT, TWO (2) PER UNIT. III. IN COMMERCIAL OR INDUSTRIAL DISTRICTS, ONE SIGN PER BUSINESS. dE. Location. i. ON PRIVATE PROPERTY. II. On property held in common by members of a property owner’s association or on property owned by the business owner’s landlord, but not within any designated parking or loading area. iiI. Shall not be located within the public right-of-way IN RESIDENTIAL ZONED AREAS, except when used as provided in subsection D C of this section. IV. IN THE PUBLIC RIGHT-OF-WAY ADJOINING TO COMMERCIAL OR INDUSTRIAL ZONED PROPERTY, EXCEPT ON SHEA BOULEVARD. SHALL BE REMOVED BETWEEN THE HOURS OF OFFICIAL SUNSET AND OFFICIAL SUNRISE, EXCEPT IN THE TOWN CENTER PEDESTRIAN AREA. B. Electronic Message Centers. Electronic message centers (EMC) are permitted in commercial and industrial zoning districts, and for permitted nonresidential uses in residential zoning districts consistent with the following requirements: RESOLUTION 2023-03 1. There shall be no moving or flashing green or red features that can be mistaken as traffic control devices. 2. Each message on the sign must be displayed a minimum of eight (8) seconds. 3. EMC shall contain static messages only and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design or pictorial segment of the sign, including movement or appearance of movement or any illumination of the flashing, scintillating or varying of light intensity. 4. Message change is allowed through fade, dissolve, travel, or scrolling modes not to exceed two (2) seconds in transition. 5. When a business is closed, the sign may continue to be lit, but may only display a static message. 6. Nighttime Allowances. From one (1) hour after official sunset until one (1) hour before official sunrise, the maximum luminance level of any EMC shall be 100 nits. 7. Measurement Criteria. The luminance of an electronic message center shall be measured with a luminance meter set to measure candelas per square meter (nits) traceable to a National Institute for Standards and Technology (NIST) standard and using accepted professional practices for measurement as established by the Development Services Director. 8. All permitted electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 100 nits maximum nighttime luminance requirement. 9. In the event a sign is found to be out of compliance with the luminance levels required by this Chapter, the sign shall remain off until the sign is brought into compliance. CB. Temporary Sign Allowances FOR CONSTRUCTION ON UNDEVELOPED PROPERTY. 1. The aggregate temporary sign allowances per occupancy are as follows: Table 6.08(C). Aggregate Temporary Sign Allowance by Use per Occupancy Use Maximum Total Area for all Temporary Signs Maximum Number of Signs per Street Front Minimum Separation Single-Family, Attached or Detached 12 sq. ft. 2 N/A Multifamily, Office, Nonresidential in a Single- Family District 32 sq. ft. 2 50 feet Commercial 48 sq. ft. 3 75 feet RESOLUTION 2023-03 Use Maximum Total Area for all Temporary Signs Maximum Number of Signs per Street Front Minimum Separation Industrial 64 sq. ft. 2 N/A 2. Construction on Undeveloped Property. Undeveloped properties with valid building permits may display one (1) temporary sign PER STREET FRONT not to exceed eight (8) square feet in size and a maximum height of five (5) feet. The sign must be on the construction site. The sign must be removed no later than the date when the final inspection is completed. REQUIRED GOVERNMENT SIGNS FOR CONSTRUCTION PROJECTS ARE EXEMPT FROM THIS REQUIREMENT. DC. Other Signs inFOR Residential Zoning Districts and Residential PadsUSES. 1. Each single-family lot, condominium unit, or model home may place one (1) A-FRAME, T-FRAME, OR YARD sign anywhere on the property. Further, each single-family home, condominium complex, or model home cluster may place one (1) additional A-FRAME, T-FRAME, OR YARD sign OFF-SITE at each turning movement beginning at the subject property out to a major street with a maximum of three FIVE (35) additional signs. 2. SIGNS Shall not be located within the public right-of-way associated with Shea Boulevard at any time, but may be located within the public right-of-way of any other street between the hours of official sunrise and official sunset on Fridays, Saturdays, Sundays, and Federal holidays. When located in the right-of-way, shall be placed at least three TWO (32) feet from the curb or edge of pavement. 3. Miscellaneous Requirements. a. No sign may be attached to any utility pole or box, light pole, street sign, bus shelter, or any structure within the public right-of-way. b. Signs shall not damage any vegetation or rest against other objects or vegetation. Chapter 6 Sign Regulations Section 6.01 Introduction The regulations set forth in this Chapter are intended to encourage attractive signage for businesses and services, optimize the availability of information, and promote the general welfare by creating a more aesthetically appealing community. A.Findings and Purpose. 1.Findings. Signs can obstruct views, distract motorists, obstruct pedestrians or vehicular traffic flow, create safety hazards, create aesthetic blight and visual clutter, and pose other problems that legitimately call for regulation. 2.Purpose. The purpose of this Chapter is to regulate the size, illumination, movement or appearance of movement, materials, location, height, and condition of all signs, as defined herein, and to allow and promote sign communication in a manner that: a.Preserves and protects public health, safety, and welfare within the Town of Fountain Hills; b.Assures the use of a variety of sign forms designed to be sensitive to the context of the location, as a reasonable method of visual communication between groups and individuals; c.Enhances the flow of traffic and the convenience, ease, and enjoyment of travel within the Town of Fountain Hills; d.Restricts circumstances that otherwise may result in injury or damage because of distractions, or obstructions of vision attributable to sign placement or size, or to the illumination of signs that may become a source of undue glare, distraction, or light pollution; e.Avoids visual clutter that may contribute to traffic accidents or be harmful to vehicular traffic or pedestrian safety; RESOLUTION 2023-03 f. Promotes the aesthetic and environmental values of the community by providing for signs that do not impair dark skies, property values, business opportunities, community appearance, or the attractiveness of the Town as a place to visit, live, work, and shop; g. Allows signs that are appropriate in scale to the zoning district in which they are located; h. Provides for signs as an effective channel of communication, while ensuring that sign forms are aesthetically designed and proportioned in relation to adjacent structures on the same lot or development site, and that are compatible with their surroundings; i. Promotes the effectiveness of signs by preventing their overconcentration, improper placement, deterioration, and excessive size and number; and j. Supports and enhances commerce within the Town. B. Applicability. 1. Subject of This Chapter. All signs as defined in this Chapter are subject to the provisions of this Chapter as it pertains to: a. The allowance of signs (principally the number, form, material, size, and structure of signs); b. The review and consideration of sign plans and permits; c. The entitlement and issuance of permits; d. The location and placement of signs on all buildings, structures, and land; e. The integration of the design of signs with associated building architecture; and f. The maintenance of signs. 2. The provisions of this Chapter do not apply to the following: a. Address numbers as required by the Fire Code; b. Government signs; c. Traffic control signs, markings, devices; d. Signs authorized or required by Arizona Revised Statutes; e. Public transportation signs; and f. Signs specified as mandatory by any provision of the Fountain Hills Town Code. RESOLUTION 2023-03 3. Most Restrictive Provision Applies. Except when otherwise authorized by a Special Use Permit, Temporary Use Permit, or variance, the most restrictive provision shall prevail in cases in which two or more provisions of this Chapter appear to conflict. 4. Controlling Document. This Chapter is not intended to repeal, abrogate, annul, or in any way impair or interfere with other Town provisions, allowances, or ordinances, except those specifically repealed by the ordinance codified in this Chapter. Where this Chapter imposes a greater restriction on a sign than is imposed or required by other Fountain Hills Town Codes, provisions, allowances, or ordinances, the provisions of this Chapter control. 5. Definitions Used. Definitions for specific terms used in this Chapter are principally found in Section 6.02. Additional definitions are also provided in Chapter 1 of the Zoning Ordinance and in the Fountain Hills Town Code. Definitions not included in this Chapter, the Zoning Ordinance, or the Town Code should be given their plain and ordinary meaning where possible. 6. Effect on Previously Approved Sign Permits and Comprehensive Sign Plans. All sign permits and comprehensive sign plans approved and in effect prior to the effective date of the ordinance codified in this Chapter shall remain in effect. Signs authorized by such comprehensive sign plans shall be developed in accordance with the standards specified by that sign plan and any applicable conditions or stipulations associated with the approval of that sign plan. The development standards and requirements of this Chapter apply if not specifically modified by the applicable adopted sign plan. The Zoning Administrator may approve minor modifications to approved plans regarding design, height, number, or sign area that do not exceed the maximum(s) allowed by this Chapter. C. Repeal and Severability. 1. If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter 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 of this Chapter. The Town of Fountain Hills hereby declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, sentence, clause, and phrase thereof, regardless of whether any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. 2. Effect on Previous Proceedings. Nothing contained in this Chapter affects rights and duties that matured, penalties that were incurred, and proceedings that began before its effective date, notwithstanding the provisions of subsection (C)(1) of this section. D. Consent of Property Owner Required. Unless otherwise allowed, no person shall construct, place, display, or maintain any sign without the written consent of the property owner, the property owner’s agent, or an authorized representative. RESOLUTION 2023-03 E. Noncommercial Message Substitutions Allowed. Notwithstanding any other provisions of this Chapter to the contrary, any noncommercial message may be substituted for the message placed on any sign allowed by this Chapter. F. Responsible Party. 1. Posting Sign. The person, group, or organization directing the posting, installation, or erection of a sign is responsible for assuring the compliance of the sign with the requirements of this Chapter. This includes the placement, removal, maintenance, replacement, or alteration of the sign, as may be applicable. 2. Owner or Occupant. If the person directing the posting, installation, or erection of the sign does not remove, maintain, replace, or alter the sign in accordance with the requirements of this Chapter, then the property owner or occupant of the building where the sign is posted is responsible for either replacing the sign with a sign that complies with this Chapter or removing the sign. (21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.02 Definitions “A-frame” or “T-frame” sign, see Sec. 6.08 A 1 for description, allowances, and standards. “Awning” or “canopy” sign, see Sec. 6.08 A 2 for description, allowances, and standards. “Balloon”, see Sec. 6.08 A 3 for description, allowances, and standards. “Banner”, see Sec. 6.08 A 4 for description, allowances, and standards. “Building wall sign”, see Sec. 6.08 A 5 for description, allowances, and standards. “Drive-through sign”, see Sec. 6.08 A 6 for description, allowances, and standards. “Electronic message centers”, means a permanent sign that is capable of displaying alternating, variable, or changeable copy that is electronically changed by remote or automatic means (see Sec. 6.07 C 4 for description, allowances, and standards). RESOLUTION 2023-03 “Feather” or “flag banner” means a temporary sign made of fabric or vinyl attached to a pole on one side. This sign type is prohibited, see Sec. 6.07 E 9. “Flag”, see Sec. 6.08 A 7 for description, allowances, and standards. “Freestanding wall/fence sign”, see Sec. 6.08 A 8 for description, allowances, and standards. “Hanging” or “under-canopy” sign, see Sec. 6.08 A 9 for description, allowances, and standards. “Monument sign”, (see Sec. 6.08 A 10 for description, allowances, and standards. RESOLUTION 2023-03 “Off-site sign” means a sign portraying information or directing attention to a business, activity, commodity, service, product, or event that is not conducted, sold, or offered on the premises upon which the sign is located. Includes signs commonly referred to as “billboards.” “On-site directional” sign, see Sec. 6.08 A 11 for description, allowances, and standards. “Permanent sign” means a sign made of durable material that is intended to be and is constructed in a manner that is permanent. Such a sign may be either attached or anchored to a building or wall or have its own foundation and structural supports. When detached from a building, permanent sign structures are constructed of durable materials such as brick, stone, metal, concrete, or related materials. “Post and board” sign, see Sec. 6.08 A 12 for description, allowances and standards. “Projecting sign”, see Sec. 6.08 A 13 for description, allowances and standards. “Residential directional sign” means A-frame, T-frame, or yard signs used to direct traffic to a home, see Sec. 6.08 C for allowances and standards. “Right-of-way” means the area dedicated to the Town for roadway, sidewalk, and utility purposes. The edge of a right-of-way is the same as an adjacent property line and is generally five (5) to ten (10) feet behind a curb or edge of paving. “Roof sign” means a sign affixed on, above, or over the roof of a building so that it projects above the roofline. The top of a parapet wall shall be considered the roofline. The highest point of a mansard roof shall be considered the roofline. Where a parapet wall is combined with a mansard roof, the roofline shall be the top of the parapet. "Sign walker”, see Sec. 6.08 A 14 for description, allowances, and standards. “Sign” means any device placed to attract attention or provide advertising, directional information, or identification for a business, service, product, person, organization, place, or building when the display of this RESOLUTION 2023-03 device is visible beyond the boundaries of the public or private property upon which the display is made. Included in this definition are graphic devices such as logos and attention-attracting items such as banners, light displays, or logo sculptures. “Sign copy” means the letters, numerals, figures, symbols, illustrations, logos, and graphic characters used to make up the sign message. “Temporary sign” means a sign constructed of fabric, canvas, vinyl, foam-core, plywood, sheet metal, or plastic that is neither permanently installed in the ground nor permanently affixed to a building or structure and that is intended to serve a short-term or temporary condition. Temporary signs include signs resting atop the ground, or affixed to the ground by a temporary anchoring system, including, but not limited to, stakes, ballasts, or by being embedded in the ground (for large temporary signs). “Town Center pedestrian area” is designated as shown in the figure below. TOWN CENTER PEDESTRIAN AREA RESOLUTION 2023-03 “Vehicle sign”, see Sec. 6.08 A 15 for description, allowances, and standards. “Window sign”, see Sec. 6.08 A 16 for allowances and standards. “Yard sign”, see Sec. 6.08 A 17 for description, allowances, and standards. Section 6.03 Building Permits – Fees A. Except as provided herein, it shall be unlawful to erect, install and/or modify any permanent sign within the Town without first applying for and obtaining a building permit from the Development Services Department. “Modify,” as it is used herein, shall mean any change to: 1. The size or shape of an existing sign; RESOLUTION 2023-03 2. Electrical components; 3. Design; and/or 4. Supporting structures. B. A building permit shall not be required for the following activities or types of signs; provided, however, that such signs shall be subject to any and all applicable provisions of this Chapter, including Zoning Administrator approval when required: 1. Street address numbers. 2. Any sign four (4) square feet or less in area not otherwise prohibited by this Chapter. 3. Repainting. 4. Minor, nonstructural repairs to signs or sign supports. 5. Temporary signs. 6. Window signs. 7. Changes to a sign panel or copy on an existing sign. C. Failure to conform to the conditions of a building permit, including any conditions and/or stipulations attached thereto by the Town Council and/or Board of Adjustment, shall render such permit void. D. Fees for building permits shall be required and payable in such sums as the Town Council may from time to time establish as part of the Town’s annual budget or by separate resolution. E. A building permit for a sign does not include electrical work (a separate building permit application is needed for electrical work); however, this exemption shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Fountain Hills Town Code or any other laws or ordinances. F. Building permit applications for signs shall include sufficient, detailed, information regarding the size of the property, the building, and the tenant occupancy; the dimensions and size of each sign; sign height and location; lighting, including information needed to determine compliance with Chapter 8, Outdoor Lighting Control, of the Zoning Ordinance; materials used; and other pertinent information as needed to evaluate the proposed sign for compliance with this Chapter. RESOLUTION 2023-03 Section 6.04 Violations, Enforcement, and Penalty A. Permanent Signs. 1. Any of the following shall be a violation of this Chapter and shall be subject to the enforcement remedies and penalties provided by the Town of Fountain Hills Zoning Ordinance, Fountain Hills Town Code, and by state law, as applicable: a. To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone within which the sign is located. b. To install, create, erect or maintain any sign requiring a permit without such a permit. c. To fail to remove any sign that is installed, created, erected or maintained in violation of this Chapter, or for which the building permit has lapsed. d. To fail to remove any sign identifying or advertising a business or any product sold thereby in the event the business ceases operation for more than a ninety (90) day period or has no active business license. 2. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty provisions set forth below. In the case of outdoor advertising uses or structures, the violation must constitute an immediate threat to the health and safety of the general public before each day of a continued violation may be considered a separate violation for penalty purposes. 3. The violations set forth in this section are declared to be civil in nature. The responsible parties for enforcement purposes are: a. The owner or operator of the business identified on the sign; and b. The owner of the property to which the sign is directing pedestrian or vehicular traffic. c. The owner of the property where the sign is physically located. 4. Enforcement of permanent sign regulations may be made through the use of the civil citation process set forth in Section 1-8-3 of the Town Code and/or through one of the actions listed below: a. Issuing a stop-work order for any and all work on any signs on the same lot; b. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; or, RESOLUTION 2023-03 c. In the case of a sign that poses an immediate danger to the public health or safety, the Town may take such measures as are available under the applicable provisions of the Zoning Ordinance and Building Code for such circumstances. d. The Town shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the Zoning Ordinance. B. Temporary Signs. 1. It shall be a violation of this Chapter to install, erect or maintain any temporary sign in a way that is inconsistent with the provisions of this Chapter. 2. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty provisions set forth below. In the case of outdoor advertising uses or structures, the violation must constitute an immediate threat to the health and safety of the general public before each day of a continued violation may be considered a separate violation for penalty purposes. 3. Enforcement of temporary sign regulations include, but are not limited to, the following: a. Issuing a civil citation for the violation as set forth in Section 1-8-3 of the Town Code; b. Confiscation of sign(s); and/or, c. Any of the enforcement methods provided for permanent signs, as applicable. C. All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. Section 6.05 – Reserved Section 6.06 Sign Plans Sign plans may be used to establish unique signage criteria to a given property or for a combination of properties that function as an integrated commercial complex. A. Purpose. The purpose of a sign plan is to: 1. Allow for unique sign design based on the unique or unusual physical characteristics of a given property; 2. Provide the opportunity to adjust the balance of attached and detached sign allowances; RESOLUTION 2023-03 3. Encourage unified signage in commercial and industrial complexes; and 4. Encourage creative design of signs. B. Application Requirements. 1. A written request signed by the property owner(s) and payment of the required fee. 2. A written project narrative describing the proposed sign plan with any deviations from current code requirements being requested. 3. Graphic illustrations depicting, at a minimum: a. Proposed sign locations and sizes; b. The proposed signs including sign base/structure for detached signs; c. Type of illumination; and d. Color and material boards for signs and sign structures. C. Review Criteria and Sign Design. 1. Review Criteria. The Zoning Administrator may approve a sign plan containing elements that exceed by up to ten (10) percent the allowed height and area of signs as specified in this Chapter if the sign plan conforms with at least one of the following criteria: a. The development contains unique or unusual physical conditions, such as topography, proportion, size, or relation to a public street that would limit or restrict normal sign visibility; or b. The proposed or existing development exhibits unique characteristics of land use, architectural style, site location, physical scale, historical interest, or other distinguishing feature(s) that represent a clear variation from conventional development; or c. The proposed signage incorporates special design features such as lighting, materials and craftsmanship, murals, or statuaries that reinforce or are integrated with the building architecture. 2. Creative Design. Applications for consideration of a sign plan should include creative design elements that incorporate the design of the sign into the architecture of the building. Signs which go beyond the minimum guidelines provided in Section 6.07(G) by meeting the criteria below can increase their allowed sign area by an additional ten (10) percent. To qualify for the additional sign area, the sign shall: a. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area; RESOLUTION 2023-03 b. Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; c. Utilize or enhance the architectural elements of the building; and d. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion. D. Approval. The sign plan shall be reviewed and approved by the Zoning Administrator. Section 6.07 General Regulations A. Maintenance. 1. Any sign hereafter erected or maintained shall maintain conformance to the provisions of this Chapter and the provisions of the Town Code. 2. Every sign allowed by this Chapter must be kept in good condition and repair. 3. When any sign becomes in danger of falling, or is otherwise deemed unsafe by the Town’s Chief Building Official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this Chapter, the property owner, or the person or firm using the sign, shall, upon written notice by the Chief Building Official, or immediately in the case of immediate danger, and in any case within not more than ten (10) days after notice: a. Make such sign conform to the provisions of this Chapter; or b. Remove the sign. 4. If, within ten (10) days, the order is not complied with, the Chief Building Official may remove the sign or cause the sign to be removed at the expense of the property owner and/or user of the sign. B. Sign Location, Prohibited Locations. 1. Location Requirement. Signs shall be placed on the property for which the business, activity, commodity, service, product, or event is conducted, sold, or offered. The following exceptions may be allowed: a. In the case of condominium developments, the common area can be used for signage for any occupancy within the condominium. b. As provided in Section 6.06 commercial and industrial developments that have multiple properties that utilize a common access and parking field may utilize a sign plan to allow for RESOLUTION 2023-03 common street frontage monument signs that provide signage for individual businesses in the development but not on the same property as the sign. c. Temporary signs may be allowed off-site in the public right-of-way as specified for each sign type in Section 6.08. 2. Prohibited Locations. Signs are prohibited in the following locations: a. Town rights-of-way and public property. More specifically: i. Within, on, or projecting over the right-of-way, except as: 1. Specifically provided for in this Chapter for A-frame, T-frame, Post and Board, and Yard signs; 2. Allowed through Town approval of a special event permit; or 3. Allowed by ARS 16-1019, whether or not a primary election is scheduled to occur during the election cycle. For non-primary elections the signs may be placed up to 60 days prior to the election. ii. Within any median or on public property, unless otherwise allowed by this Chapter. b. In a manner that creates safety, visibility, or access hazards. More specifically: i. Placed in a manner that obstructs the visibility of any authorized traffic sign, traffic signal, or another traffic control device. ii. Placed in a manner that blocks the vehicular line of sight at a street intersection, or the intersection of a street and driveway. iii. Placed in a manner that obstructs ADA access or prevents ingress or egress from any window or door, or other access-way required by the Building Code or Fire Code as adopted by the Town of Fountain Hills. iv. Located contrary to the standards of horizontal and vertical clearance from electrical wires and conductors as specified in the Building Code as adopted by the Town of Fountain Hills. c. In a manner that interferes with or obstructs the architectural design of the building. More specifically: i. Covers the architectural features of a building such as dormers, insignias, pilasters, soffits, transoms, trims, or similar architectural elements or devices. RESOLUTION 2023-03 ii. Placed on the roof of a building or extends higher than the highest point of the portion of the building to which the sign is attached. d. Miscellaneous prohibited locations. i. Affixed to fuel tanks, storage containers, or solid waste receptacles, except signs related to the manufacturer’s or installer’s identification, warning signs, and placards; distributors or contractors as required by the Arizona Register of Contractors; and information otherwise required by law. ii. Tacked, painted, burned, cut, pasted, or otherwise affixed to trees, shrubs, posts, ladders, benches, or similar supports if visible from across a property boundary or from the right-of-way. iii. Attached to a standpipe, gutter, drain, or fire escape, or placed in a manner that impairs roof access. e. Temporary signs within the Shea Boulevard right-of-way, except as specifically provided in this Chapter. C. Nonconforming Signs. 1. Any sign legally existing at the time of the passage of the ordinance codified in this Chapter that, due to changes in this Chapter, no longer conforms in use, location, height or size with the regulations of this Chapter shall be considered a legal nonconforming use and may continue in use until such time as it is removed or abandoned for a period of six or more continuous months. Except as otherwise set forth in subsections (C)(2) and (C)(3) of this section, any change in the sign, including a 50% or more change of sign copy, shall be considered an abandonment and the legal nonconforming status of the sign shall become void. 2. Whenever the name of a business or other sign text changes, any legal nonconforming signs associated with the business shall be modified to bring them into conformance with this Chapter, even though the change is a change of sign copy only. This subsection shall not apply to signs designed with interchangeable letters or panels or to the text area of a monument sign. 3. Legal nonconforming freestanding signs, sign structures, poles and other related equipment that have been abandoned or not in use for more than six months shall be removed and the building, land or site restored to its original state. 4. Electronic Message Center Signs approved prior to the adoption of this ordinance are legal, nonconforming signs which can continue to operate according to the regulations stated below provided, if they are abandoned as provided in C. 1. or C. 3, they shall no longer be allowed and must be removed. RESOLUTION 2023-03 a. There shall be no moving or flashing green or red features that can be mistaken as traffic control devices. b. Each message on the sign must be displayed a minimum of eight (8) seconds. c. EMC shall contain static messages only and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design or pictorial segment of the sign, including movement or appearance of movement or any illumination of the flashing, scintillating or varying of light intensity. d. Message change is allowed through fade, dissolve, travel, or scrolling modes not to exceed two (2) seconds in transition. e. When a business is closed, the sign may continue to be lit, but may only display a static message. f. Nighttime Allowances. From one (1) hour after official sunset until one (1) hour before official sunrise, the maximum luminance level of any EMC shall be 100 nits. g. Measurement Criteria. The luminance of an electronic message center shall be measured with a luminance meter set to measure candelas per square meter (nits) traceable to a National Institute for Standards and Technology (NIST) standard and using accepted professional practices for measurement as established by the Development Services Director. h. All permitted electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 100 nits maximum nighttime luminance requirement. i. In the event a sign is found to be out of compliance with the luminance levels required by this Chapter, the sign shall remain off until the sign is brought into compliance. D. Standards of Measurement. 1. Sign Area Measurement. Sign area for all sign types is measured as follows: a. For sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed, the sign area is the area within the outside dimensions of the background panel or surface. Example Sign Copy Area RESOLUTION 2023-03 b. For sign copy consisting of individual letters and/or graphics affixed to a wall or portion of a building that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, the sign area is the area within the sum of the one (1) or two (2) smallest tangent rectangle(s) or other standard geometric shapes (e.g., circle, triangle, regular ellipse, regular rhombus, or regular parallelogram), or combination of rectangles and standard regular geometric shapes that will enclose both the sign copy and background. When two (2) shapes are used, the shapes must include at least one (1) point of common tangency between the two (2) shapes. Example Sign Area c. For sign copy mounted or painted on an internally illuminated sign or internally illuminated element of a building, the entire internally illuminated surface or architectural element that contains sign copy will be counted as sign area. Example Illuminated Sign Area RESOLUTION 2023-03 d. Multifaced signs: i. One face: the sign area is the area of the single face only. ii. Two faces: if the interior angle between the two sign faces is forty-five (45) degrees or less, the sign area is the area of one face only; if the angle between the sign faces exceeds forty-five (45) degrees, the sign area is the sum of the areas of the two faces. iii. Three or more faces: the sign area is the sum of areas of all the sign faces. Example Sign Face Area iv. Three dimensional, sculptural or other nonplanar signs: the sign area will be the sum of the areas of the vertical faces of the smallest polyhedron that will encompass the sign structure. RESOLUTION 2023-03 Example Dimensional Sign Area 2. Sign Height Measurement. Sign height is measured as follows: a. Freestanding Sign. Sign height is the distance from the top of the sign face or structure (except for architectural embellishment as provided below), whichever is taller, to the top of curb of the public road nearest the sign, or to the crown of public road nearest the sign if no curb exists. Example Freestanding Sign Height b. Wall or Fascia Mounted Signs. Sign height is the distance measured from a point perpendicular to the top of the midpoint of the sign structure, to the top of the finished floor of the ground floor level directly below the midpoint of the sign. Example Midpoint of Sign RESOLUTION 2023-03 E. Prohibited Signs. Signs not specifically authorized herein are prohibited, including, but not limited to, the following: 1. Neon signs, except as allowed in Section 6.08(A)(16). 2. Any sign emitting sound. 3. Any animated or moving sign, including televisions or signs with streaming video. 4. Mobile signs, except for sign walkers or as otherwise specifically allowed. 5. Billboards. 6. Non-electrically illuminated signs. 7. Any nonpublic signs in public right-of-way or on public property, except as otherwise specifically allowed. 8. All off-site signs, except as specifically allowed in this Chapter. 9. All banners, pennants, streamers, feather signs, balloons, flags, searchlights, strobe lights, beacons, and inflatable signs, except as specifically defined and allowed in this Chapter. 10. Any sign imitating an official traffic control sign and any sign or device obscuring one or more traffic control signs or devices. 11. Any sign which is structurally unsafe, unsafely installed, or otherwise hazardous to physical safety. 12. Signs not authorized by the property owner. 13. Electronic message centers RESOLUTION 2023-03 F. Illumination. 1. Temporary signs shall not be illuminated. 2. Sign illumination, where allowed, shall be in conformance with provisions of Chapter 8, Outdoor Lighting Control, of the Zoning Ordinance. 3. When externally illuminated, the source of a sign’s illumination shall not be visible from any adjacent residential streets or neighborhoods. 4. No illuminated sign shall be placed or constructed on a vacant or undeveloped lot or parcel. 5. The following types of illumination are prohibited: a. Flashing, blinking, traveling, or rotating lights; b. Metal halide lighting; c. High- or low-pressure sodium light bulbs; and d. Mercury vapor light sources. 6. See Section 6.07 C. 4. for luminance standards for electronic message centers. G. Design Guidelines and Standards for Signs and Sign Structures. 1. Permanent signs and sign structures should: a. Be designed to be attractive and artistic; b. Incorporate design features associated with the buildings or structures, and should constitute an architectural component of the overall development that is compatible with, and not incongruous to, the architectural style and character of the development of the property associated with the sign; and c. Utilize materials and design themes consistent with the architectural design theme of the development, as expressed by the building architecture, landscaping, and overall site development. 2. Permanent signs and sign structures: a. Shall be mounted so that the attachment device is not visible. b. Letters attached or anchored to the face of an exposed standard raceway should be architecturally designed and integrated into the building. c. Raceways shall either: RESOLUTION 2023-03 i. Be finished to match the color of the building adjacent to the raceway and design elements of the building, or ii. When a raceway is provided as an architectural enhancement to the building elevation, the raceway must be in a contrasting color and material. 3. Temporary signs shall be made of durable materials and properly maintained in good repair. Section 6.08 Sign Requirements and Allowances A. Sign Types. The following sign types are allowed in Fountain Hills: 1. A-Frame and T-Frame Signs. a. Description. A self-supporting, temporary, lightweight, portable sign made of durable, nonpliant material such as wood, sheet metal, or plastic that is designed to rest atop the ground without penetrating the ground. b. Zoning/Use. i. Single-family and multifamily residential zoning districts, PAD zoning with a residential land use, residential developments in commercial zoning districts, and nonresidential uses in residential zoning districts only when in compliance with subsection C of this section; ii. Commercial or industrial zoning districts; and iii. PADs with commercial or industrial uses. c. Size/Height. RESOLUTION 2023-03 i. Maximum sign area for any sign is six (6) square feet. ii. When multiple signs are used, the maximum aggregate area is nine (9) square feet. iii. Maximum sign height is three (3) feet. d. Number. i. In single-family and multifamily districts, as allowed by subsection C of this section. ii. One per business per public entry in commercial or industrial districts with a maximum of two per business. e. Location. Shall not be used as an off-site sign, except as provided below: i. On property held in common by members of a property owner’s association or on property owned by the business owner’s landlord, but not within any designated parking or loading area. ii. As provided in subsection C of this section for residential zoning and land uses. iii. In the public right-of-way, including Shea Boulevard, under the following conditions: 1. All commercial and industrially zoned areas and in the right-of-way adjoining these zoning districts. 2. Signs placed in the public right-of-way must adhere to the following requirements: a. Shall not be located on the paved portion of any public street or in any median; b. Shall not be located within a designated parking or loading area; c. Shall not be located in a manner that poses a traffic vision hazard; d. Shall not be located on a public sidewalk except in the Town Center Pedestrian area when there is at least four (4) feet of clear passage around at least one side; e. Shall be at least two (2) feet from any curb or edge of pavement; and, f. Shall be removed between the hours of official sunset and official sunrise, except in the Town Center Pedestrian area. f. Miscellaneous Requirements. RESOLUTION 2023-03 i. Attachments to A-frame signs are limited to not more than four (4) balloons or flags, no more than one (1) square foot in size, each and flown no higher than ten (10) feet from the ground. ii. Landscaping cannot be modified or damaged to accommodate an A-frame sign. 2. Awning or Canopy Sign. a. Description: A permanent sign that is applied to, placed on, affixed to, or painted on an awning or canopy. b. Zoning/Use. i. Permitted nonresidential uses in a residential zoning district; ii. An apartment building in a multifamily zoning district; iii. Commercial or industrial zoning districts; and iv. PADs with similar uses. c. Size/Height. i. A sign placed on the side or face of an awning or canopy may not exceed 25% of the area of the face of the awning or canopy on which the sign is placed. ii. A sign placed on top of a canopy may not exceed one (1) square foot of area for each linear foot of the length of the canopy on the side containing the sign for single occupancies and for the length of the occupancy for multiple occupancy buildings. d. Number. One (1) sign per occupancy. RESOLUTION 2023-03 e. Location. On an approved canopy. f. Miscellaneous Requirements. i. When placed on top of a canopy, must consist of individual alphanumeric characters only. 3. Balloons. a. Description. A temporary sign professionally made from a bag or similar flexible, nonrigid enclosure that holds gas or air and is attached by a tether to a fixed place. b. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Commercial or industrial zoning districts; and iii. PADs with similar uses. c. Size/Height. No balloon shall be bigger than twenty-four (24) inches in diameter. The top of the balloon shall not higher than ten (10) feet from ground and, if located in a sight triangle associated with a street or driveway intersection, the bottom of the balloon shall be at least seven (7) feet from the ground. d. Number. N/A. e. Location. i. When part of a business, within the area leased by the business. RESOLUTION 2023-03 ii. When adjacent to a building, not more than four (4) feet from the face of the building and within twenty (20) feet of the main building entrance. iii. When attached to an authorized temporary sign, in locations where the temporary signs are allowed. iv. Shall not be displayed within the perimeter landscape area. v. Shall not encroach within on-site fire lanes. vi. Shall not be attached to or hung from a tree or shrub. vii. Shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, or at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic signal, sign or device. f. Miscellaneous Requirements. i. Balloons must be tethered to a secure location that prevents high winds from removing the balloon or causing it to create an obstruction. ii. May be displayed for a maximum of thirty (30) days per calendar year. Additional days may be approved through approval of a Temporary Use Permit. 4. Banners. a. Description. A temporary sign made of canvas, plastic, vinyl, or other pliable material attached to a wall, frame, stakes, or other support structure by at least the four corners of the banner. b. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; RESOLUTION 2023-03 ii. Multifamily developments containing more than twenty (20) units in multifamily or commercial zoning districts; iii. Commercial or industrial zoning districts; and iv. PADs with similar uses. c. Size/Height. Maximum sign area shall be thirty-two (32) square feet. d. Number. One (1) per occupancy. e. Location. i. Within the area owned or leased by the business or use. ii. Shall not be displayed in any parking space, drive aisle or the required perimeter landscape area. iii. Shall not encroach within on-site fire lanes. iv. Shall not be attached to or hung from a tree or shrub. v. Shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, or at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic signal, sign or device. f. Miscellaneous Requirements. i. A Banner Permit must be obtained from the Development Services Department prior to display of a banner sign. Except for new businesses as allowed in 6.08 A 4 f iii. 2. below, each permit shall be for a maximum of 30 days. ii. Banners must be affixed to a secure location that prevents high winds from removing the banner or causing it to create an obstruction. iii. Display of banner signs is subject to the following time allowances: 1. A maximum of thirty (30) days at a time for a total maximum of one hundred fifty (150) days per calendar year. Additional days may be approved through approval of a Temporary Use Permit. 2. New businesses, as documented through the issuance of a new business license, may be approved for display of a banner sign for up to one calendar (1) year from the date RESOLUTION 2023-03 the business opens. Sign must be maintained in good repair. Message on the sign may be changed up to four times during the year. 5. Building Wall Sign. a. Description. A permanent sign mounted flat against or painted on the wall of a building with the exposed face of the sign in a plane parallel to the face of the wall. b. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Apartment complexes containing more than twenty (20) units in multifamily or commercial zoning districts; iii. Commercial or industrial zoning districts; and iv. PADs with similar uses. c. Size/Height. i. One and one-half (1.5) square feet of sign area is allowed for each lineal foot of occupancy frontage along a street. All occupancies with an exterior wall are allowed a minimum of twenty-four (24) square feet of signage. The maximum allowed sign area for an individual sign is one hundred (100) square feet. ii. Corner buildings may transfer up to 25% of the area from one building frontage to the other if the angle of the building at the corner is between forty-five degrees (45˚) and ninety degrees (90˚). Each side of corner buildings with building frontages less than forty-five degrees RESOLUTION 2023-03 (45˚) and between ninety degrees (90˚) and one hundred eighty degrees (180˚) shall be considered as one frontage and may not transfer sign area. iii. Sign area must allow a minimum of a two (2) foot border from the edge of the building or suite frontage, or a minimum two (2) foot separation between signs, whichever is greater. d. Number. One sign for each fifty (50) feet of occupancy per street frontage, or portion thereof. e. Location. Shall not be located in a manner that is prohibited in Section 6.07 B 2 c. f. Miscellaneous Requirements. i. Each wall sign may project no more than twelve (12) inches from the surface of the wall to which is it attached. ii. Reverse pan channel letters with halo illumination must not exceed a one and three- quarters (1.75) inch separation from the wall. iii. In the C-2, C-3, and TCCD zoning districts, a building wall sign may be added to a secondary entrance in addition to total aggregate sign area if the following criteria are met: 1. Sign area shall not exceed 25% of the primary total aggregate sign area. 2. The secondary entrance must not be visible from the main public entrance. 3. The secondary entrance must face a rear parking area, common area or public use frontage. 6. Drive-Through Sign. a. Description. A permanent, freestanding sign adjacent to a drive-through, typically placed in or near an area where orders are taken from occupants of a vehicle. RESOLUTION 2023-03 b. Zoning/Use. Commercial or industrial zoning districts or PAD with similar uses. c. Size/Height. Maximum sign area shall be twenty (20) square feet. Maximum sign height is five (5) feet. d. Number. Maximum of one (1) per drive-through lane. e. Location. i. Within five (5) feet of a drive-through lane. ii. Cannot be readable from any public street or alley. iii. Must be at least one hundred fifty (150) feet from any residential zoning district or fully screened from residential view by a masonry wall. f. Miscellaneous Requirements. i. Minimum of four (4) square feet of landscaping per one (1) square foot of sign area shall be provided at the base of the sign. 7. Flags. a. Description. A fabric sheet of square, rectangular, or triangular shape that is designed to be mounted by a cable or rope to a pole at one end. RESOLUTION 2023-03 b. Zoning/Use. Allowed in all zoning districts. c. Size/Height. i. The maximum size of a flag is twenty-four (24) square feet in residentially zoned property or property zoned PAD with residential uses and sixty (60) square feet in all other zoning districts. ii. The maximum flagpole height is the height allowed in the zoning district and Section 5.07(B). d. Number. i. If hung from the side of a building, one (1) per unit or tenant space. ii. Each flagpole may contain up to two (2) flags. e. Location. Flagpoles must be located so that if the pole should fall, it will remain on the property containing the pole. f. Miscellaneous Requirements. i. Developed single-family lots may contain one flagpole. ii. Model home complexes may have two (2) flagpoles on one (1) lot and one (1) flagpole on additional lots up to a maximum of five (5) flagpoles. iii. All other properties may have up to two (2) flagpoles. iv. The length of the flag, which is the longer side of the flag that is perpendicular to the flagpole, shall not exceed one-third (1/3) of the in-ground pole height. v. May be hung on the side of a building only on national or state holidays. 8. Freestanding Wall/Fence Sign. RESOLUTION 2023-03 a. Description. A permanent sign that is applied to, placed on, affixed to, or painted on a wall or fence that is not part of the building(s) on the property. b. Zoning/Use. i. Subdivision entry feature for single-family and multifamily developments in all residential zoning districts; ii. Commercial or industrial zoning districts; and iii. PADs with similar uses. c. Size/Height. Maximum sign area is twenty-four (24) square feet. Maximum sign height is six (6) feet. d. Number. One per development entry. e. Location. Part of or attached to a perimeter wall surrounding a development. f. Miscellaneous Requirements. i. A minimum of two (2) square feet of landscape area per one (1) square foot of sign area shall be provided at the base of the sign. ii. Sign area may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, nonopaque panels are not allowed. iii. The text area of the sign may be illuminated by fully shielded, ground mounted directional lighting. RESOLUTION 2023-03 9. Hanging or Under-Canopy Sign. a. Description. A permanent sign suspended from and located entirely under a covered porch, covered walkway, awning, or canopy. b. Zoning/Use. Any commercial or industrial zoning district and PADs with similar uses. c. Size/Height. Maximum sign width is twenty-four (24) inches, maximum sign height is twelve (12) inches. Minimum clearance is at least eight (8) feet from the bottom of the sign to the sidewalk or surface beneath the sign. d. Number. One (1) per occupancy. e. Location. Under an awning or canopy associated with the business or activity. f. Miscellaneous Requirements. i. If located over an abutting Town right-of-way, must obtain an encroachment permit from the Town. 10. Monument Sign. a. Description. A permanent sign mounted on or incorporated into a solid, self-supporting base that is not part of a building or wall. RESOLUTION 2023-03 b. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Entry feature into a subdivision in single-residence zoning districts; iii. Apartment or condominium complex containing more than twenty (20) dwellings in multifamily zoning districts; iv. Commercial or industrial zoning districts; and v. PADs with similar uses. c. Size/Height. Table 6.08(B). Size and Height Allowances for Monument Signs Zoning District Maximum Size Maximum Height Single Residential 32 sq. ft. 6 feet Multi-residential 32 sq. ft. 8 feet Commercial/Industrial 50 sq. ft. for an individual sign 12 feet d. Number. One monument sign per lot or parcel for each full three hundred (300) feet of street frontage. e. Location. i. Along a street frontage, but not within a public right-of-way. RESOLUTION 2023-03 ii. Must be separated from any other monument sign on the same property by at least one hundred fifty (150) feet. f. Miscellaneous Requirements. i. A minimum of two (2) square feet of landscaping per one (1) square foot of sign area provided at the base of the sign. ii. Sign may be internally illuminated. iii. Sign area may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, nonopaque panels are not allowed. iv. The text area of the sign may be illuminated by fully shielded, ground mounted directional lighting. 11. On-Site Directional Sign. a. Description. A small permanent sign located adjacent to a driveway or drive aisle. b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. c. Size/Height. Maximum sign area is four (4) square feet. Maximum sign height is five (5) feet. d. Number. As needed. e. Location. At least twenty (20) feet from a public street and within five (5) feet of a driveway or drive aisle. 12. Post and Board Sign. RESOLUTION 2023-03 a. Description. A temporary sign constructed of plywood, sheet metal, thick plastic, or similar material attached to one or two posts fixed in the ground. b. Zoning/Uses. Allowed in all zoning districts. c Size/Height. i. Developed properties and undeveloped properties five (5) acres or less in size, the maximum sign area is six (6) square feet. Maximum sign height is five (5) feet in residentially zoned property and eight (8) feet in non-residentially zoned property. ii. Undeveloped property more than five (5) acres in size, maximum sign area is thirty-two (32) square feet. Maximum height is eight (8) feet. d. Number. One (1) per lot per street front. For two (2) and three (3) unit condominium developments, may have one per unit. e. Location. i. Shall not be used as an off-site sign, except on property held in common by members of a property owner’s association, a condominium association, or on property owned by the business owner’s landlord, but not within any designated parking or loading area. ii. A property owner may place a sign within the public right-of-way provided all portions of the sign structure and sign face are at least two (2) feet from the curb or edge of pavement and do not overhang a sidewalk, and the sign is not within a sight visibility triangle for a street intersection or driveway. 13. Projecting Sign. RESOLUTION 2023-03 a. Description. A permanent sign attached to a building in a manner such that its face is not parallel to the building to which it is attached. b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. c. Size/Height. Maximum sign width is three and one-half (3.5) feet. Maximum sign height is six (6) feet. Minimum clearance is eight (8) feet from the bottom of the sign to the sidewalk or surface beneath the sign. d. Number. One per building. e. Location. On the building outside the tenant space for which the sign is located. f. Miscellaneous Requirements. i. If encroaching over an abutting Town right-of-way line, must obtain an encroachment permit from the Town. 14. Sign Walkers. a. Description. A person who wears, holds, waves, or balances a sign in order to convey a commercial message. RESOLUTION 2023-03 b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. c. Size/Height. Maximum sign area is five (5) square feet. d. Number. One sign per business. e. Location. i. If located in the right-of-way, a sign walker shall be positioned behind the curb, or, if no curb is present, ten (10) feet behind the edge of pavement. ii. Sign walkers shall be positioned so as to not obstruct vehicle sight lines and road “clear zones” established by the Town Engineer in accordance with traffic engineering standards. iii. Sign walkers shall not obstruct the free movement of pedestrians on sidewalks. iv. Sign walkers are not allowed in the medians of public or private streets. f. Miscellaneous Requirements. i. Sign walkers shall not erect or place tents, temporary structures, umbrellas, chairs or stools anywhere within the public right-of-way or on adjacent property. 15. Vehicle Sign. a. Description. A sign painted, attached, or affixed to a trailer, watercraft, truck, automobile, or other form of motor vehicle. RESOLUTION 2023-03 b. Zoning/Uses. Commercial and industrial zoning districts and PADs with similar uses. c. Size/Height. N/A. d. Number. N/A. e. Location. Vehicle must be parked in an authorized location and in a lawful manner that is not distinct or different from the predetermined parking area design. f. Miscellaneous Requirements. i. The vehicle must be operable and currently registered per Town Code. The primary purpose of the vehicle shall be in the operation of the business, e.g., transporting goods or providing services, and not displaying a sign. ii. Business or commercial vehicles displaying signage or advertising as a normal part of business activity may be parked in an off-street parking space adjacent to the business to which the vehicle relates as far from the public right-of-way as possible. If the vehicle is visible from the public right-of-way it shall not remain in the same parking space for more than seventy-two (72) hours. iii. Unless otherwise allowed, signs mounted, attached or painted on trailers, boats, motor vehicles or any moveable object placed on premises specifically to serve as additional signage are prohibited; they shall not become additional, permanent freestanding signs. iv. No sign shall be erected or attached to any vehicle except for signs that are magnetically attached to or permanently painted or wrapped on the surface of a vehicle. 16. Window Sign. a. Description. Any poster, cut-out letters, painted text or graphics, or other text or visual presentation affixed to, or located within six (6) feet behind, a window pane and placed to be read from the exterior of a building. Such signs may be permanent or temporary. RESOLUTION 2023-03 b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. c. Size/Height. May not cover more than fifty (50) percent of any window. d. Number. N/A. e. Location. On a window or within six (6) feet behind a window when intended to be viewed from outside the building. f. Miscellaneous. May use neon signs for interior window displays in commercial and industrial districts. The total amount of neon signage for any one business shall be six (6) square feet. No more than two (2) neon signs shall be allowed for any business. 17. Yard Signs. a. Description. An easily portable temporary sign up to six (6) square feet in size that can be implanted in the ground without use of tools. b. Zoning. Allowed in all zoning districts. RESOLUTION 2023-03 c. Size/Height. Maximum sign area is six (6) square feet in single-family zoning districts and eight (8) square feet in all other zoning districts. Maximum sign height is three (3) feet in single-family zoning districts and five (5) feet in all other zoning districts. d. Number. i. In single-family districts or uses, two (2) signs per property. ii. In multifamily districts or uses, two (2) signs per property; if two (2) or three (3) unit condominium development, two (2) per unit. iii. In commercial or industrial districts, one sign per business. e. Location. i. On private property. ii. On property held in common by members of a property owner’s association or on property owned by the business owner’s landlord, but not within any designated parking or loading area. iii. Shall not be located within the public right-of-way in residential zoned areas, except when used as provided in subsection C of this section. iv. In the public right-of-way adjoining to commercial or industrial zoned property, except on Shea Boulevard. Shall be removed between the hours of official sunset and official sunrise, except in the Town Center Pedestrian area. B. Temporary Sign Allowance for Construction on Undeveloped Property. Undeveloped properties with valid building permits may display one (1) temporary sign per street front not to exceed eight (8) square feet in size and a maximum height of five (5) feet. The sign must be on the construction site. The sign must be removed no later than the date when the final inspection is completed. Required government signs for construction projects are exempt from this requirement. C. Other Signs for Residential Uses. 1. Each single-family lot, condominium unit, or model home may place two (2) A-frame, T-frame, or yard sign anywhere on the property. Further, each single-family home, condominium complex, or model home cluster may place one (1) additional A-frame, T-frame, or yard sign off-site at each turning movement beginning at the subject property out to a major street with a maximum of six (6) additional signs. 2. Signs shall not be located within the public right-of-way associated with Shea Boulevard at any time but may be located within the public right-of-way of any other street between the hours of official RESOLUTION 2023-03 sunrise and official sunset. When located in the right-of-way, shall be placed at least two (2) feet from the curb or edge of pavement. 3. Miscellaneous Requirements. a. No sign may be attached to any utility pole or box, light pole, street sign, bus shelter, or any structure within the public right-of-way. b. Signs shall not damage any vegetation or rest against other objects or vegetation. ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/17/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2023-34 adopting the intergovernmental agreement with Maricopa County Sheriff's Office (MCSO) for law enforcement services until June 30, 2026. Staff Summary (background) The Town contracts with the Maricopa County Sheriff's Office (MCSO) for law enforcement services. The current intergovernmental agreement, #2013-105, was executed in June 2012 for an initial term of five years with five additional one-year renewals. Two amendments were executed in May 2022 and May 2023 to extend the agreement until December 31, 2023. In preparation for negotiations, the Town hired an independent auditing firm on September 8, 2020 to conduct a contract review to ensure that all terms of the current agreement were being fulfilled. The review included fiscal year 2016 through fiscal year 2020. The final report of that review was issued on July 14, 2022 and is attached to this staff report for reference. In addition, an independent consulting firm was engaged on November 16, 2021 to review the Town's current law enforcement services and provide an analysis of options available for those services in the future. The results of that analysis were presented to Council in a work session on September 6, 2022, and the final report from Matrix Consulting was issued on November 10, 2022. The final report is attached to this staff report for reference. As supported by the final reports of the contract review and law enforcement analysis, a major concern with the existing intergovernmental agreement was maintaining the staffing levels outlined in the agreement and receiving services equivalent to the contracted costs. To address this concern, language was added to the new agreement to credit the Town for any position that remained vacant for 60 days or more. For example, vacant positions can be caused by being unfilled, military leave, sick leave, or administrative leave. Staff believes this is a major improvement to the agreement. Other improvements noted in this contract include additional reporting as well as staffing support for areas served by District 7 that are outside of Fountain Hills boundaries.  The agreement being considered will provide law enforcement services through June 30, 2026, which is the initial term. Each year, by the end of February per contract terms, MCSO will provide a is the initial term. Each year, by the end of February per contract terms, MCSO will provide a Worksheet Exhibit A outlining the cost for law enforcement services for the next fiscal year. The agreement also includes one automatic three-year renewal for the period from July 1, 2026 to June 30, 2029. The Town may extend the agreement past the automatic renewal period by executing an amendment prior to June 30, 2029. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis If not approved, there are currently no public safety measures in place for 2024. The current agreement with MCSO expires on 12/31/2023. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Resolution 2023-34. SUGGESTED MOTION MOVE to adopt Resolution 2023-34. Fiscal Impact Fiscal Impact:$6,128,591.15 Budget Reference:LAD (p. 244) Funding Source:General Fund If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Resolution 2023-34  MCSO Intergovernmental Agreement FY24-FY26  Contract Review Final Report  Law Enforcement Analysis Final Report  Historical Costs FY12-FY24  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 10/05/2023 04:34 PM Finance Director David Pock 10/05/2023 04:55 PM Finance Director David Pock 10/05/2023 04:56 PM Town Attorney Aaron D. Arnson 10/09/2023 02:51 PM Town Manager Rachael Goodwin 10/10/2023 02:20 PM Form Started By: David Pock Started On: 10/05/2023 08:38 AM Final Approval Date: 10/10/2023  RESOLUTION 2023-34 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR LAW ENFORCEMENT SERVICES FOR FISCAL YEAR 2024-2026. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Intergovernmental Agreement between the Town of Fountain Hills and Maricopa County for law enforcement services for fiscal year 2024-2026 (“the Agreement”) is hereby approved substantially in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 17th day of October 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, Town Manager Aaron D. Arnson, Town Attorney AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY on behalf of the Sheriff’s Office C-50-24 -_____-___-__ October 1, 2023 through June 30, 2026 With One, Three-Year Automatic Renewal TABLE OF CONTENTS SECTION Page I. General Provisions 4 A. Definitions B. Legal Notices C. Term of the Agreement D. Automatic Renewal E. Amendments F. Termination G. Insurance H. Indemnification I. Record Keeping and Audits J. Construction of Agreement II. Services 12 A. Service Provision B. Performance Objectives C. Establishment of Service Priorities D. Maintenance of Sheriff’s Substation E. Community-Based Policing F. Chain of Command and Responsibility for Performance Standards G. Reports and Information III. Reimbursement Costs and Charges for Service 17 A. Reimbursement for Law Enforcement Services B. Annual Review of Costs C. Explanation of Charges D. Off Duty Assignments and Special Events E. Payment F. Cost of Incarceration V. Authorization and Signature 25 Exhibit A Worksheet - Cost Detail for FY 2024 26 Exhibit B – Special Events Charges 28 4 Agreement for Law Enforcement Services Between the Town of Fountain Hills and Maricopa County on behalf of the Sheriff’s Office C-50-24-____-X-00 THIS INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES (this “Agreement”) is made and entered into _____________________, 2023 between the Town of Fountain Hills, an Arizona municipal corporation (“Fountain Hills”) or ("Town") and Maricopa County, a political subdivision of the State of Arizona (the “County”) on behalf of the Maricopa County Sheriff’s Office (“MCSO”), together the Parties. RECITALS WHEREAS Fountain Hills has the jurisdiction and responsibility, pursuant to the laws of the State of Arizona, to provide for public health, safety, and the welfare of the people and property within its corporate boundaries, including, but not limited to police protection; and WHEREAS Fountain Hills has determined that it is more cost effective to continue contracting with the MCSO for Law Enforcement Services and desires to enter into this Agreement with the County whereby the MCSO will furnish Basic Law Enforcement Services to the Town. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the promises and covenants set forth below, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: I. GENERAL PROVISIONS A. Definitions As used throughout this Agreement, the following terms shall have the meanings set forth in this Section: Agreement means this document and all attachments hereto. Annual Cost Notification Letter means the letter from the MCSO to the Town Manager that is issued by February 20 of each year with the updated Worksheet Exhibit A. indicating the costs for the next fiscal year. Annual Credit means a potential cost credit resulting from an annual review of district posts both assigned and unassigned to the contract during the most recent fiscal year ending June 30 that would be applied to the annual Worksheet Exhibit A update for the next fiscal year. Automatic Renewal Period means the period of time following the Initial Term of this Agreement as established in Section D. below whereby this Agreement automatically renews for another term if neither party has provided notice to discontinue. 5 Basic Law Enforcement Services means patrol, responses to emergency calls, incident response, calls for service responses, arrests of suspects, dispatch and communications services, crime investigations, community crime prevention and awareness programs and activities, and vacation watch. Beat means the basic increment of Law Enforcement Services used in determining service levels and cost. One beat = 1 deputy posted 24 x 7. One beat of patrol service requires five (5) Law Enforcement Officer FTE to staff plus corresponding FTE increments from the FTE staffing requirements, plus corresponding facilities, vehicles, equipment, supplies, technology, and dispatch communications services. Board means the Maricopa County Board of Supervisors or “BOS.” Calendar Year means a twelve-month period beginning January 1 and ending December 31. Complaint means an allegation of employee misconduct. The complaint may be made verbally or in writing, in person, by phone, by mail, or online; and may be by the individual complainant, someone acting on the complainant’s behalf or anonymously; and with or without a signature. Contracted Level of Service means the number of beats or fractions of beats, optional staffing and the component resources that support the Agreement and are incorporated in Worksheet Exhibit A. County means Maricopa County, a political subdivision of the State of Arizona. Day means calendar day. Deputy means sworn Law Enforcement Officer for the Maricopa County Sheriff’s Office and can also be referred as “Detective”; “School Resource Officer”; and “Traffic Enforcement Officer.” District means MCSO designated regional sub-division for County Law Enforcement that is supported by a sub-station or sub-stations depending on the size. District Commander means the Captain or designated Commander with rank of Lieutenant or higher of the Sheriff’s District Office or substation located within the corporate limits of Fountain Hills from which Law Enforcement Services for this Agreement are conducted. Fiscal Year means a twelve-month period beginning July 1 through June 30. FTE (full time equivalent) is a standard measure of unit for budgeted personnel that makes workloads comparable across the organization. FTE Staffing Requirements means the calculated allocation of FTE per market range title/position per “unit” (e.g., beat, position type) required to staff one Beat of service for basic law enforcement service. 6 Indirect Cost Recovery means a predetermined percent applied to this contract’s direct service costs to recover MCSO general administrative services costs such as Human Resources; Budget and Finance; Procurement; Executive Administration; Professional Standards Bureau, Sworn Officer Training; Risk Management; Fleet Management; and certain technology costs, that are not covered elsewhere in this Agreement. Initial Term shall have the meaning set forth in Section I, Subsection C, below. MCSO means the Maricopa County Sheriff and those functions, activities and facilities for which the Sheriff has mandated responsibility. Off-Duty Assignments for Special Events means annually scheduled events identified by the Town that require additional public safety service for traffic control, crowd patrol, and increased security in general for the public and temporary vendors. Optional, Supplemental Law Enforcement Services means continuing additional positions requested by that Town for service beyond the FTE Staffing Requirements for Basic Law Enforcement Service. Examples include traffic deputies, School Resource Officers, Community Policing Deputies, Crime Analysts, supplemental Clerical, and additional supervisory positions. Other Law Enforcement Services means supplemental and/or specialized law enforcement resources that are available within MCSO and deployed as necessary in special situations or that occur daily and are not included in Worksheet Exhibit A. Examples include Aircraft—helicopter and drones; Bomb Squad, Canine, Command Posts; Counter Terrorism; Crime Lab; Mounted Patrol; Posse Coordination; Property and Evidence; Special Investigations Division; Specialized Weapons and Tactics (S.W.A.T.); Traffic Enforcement methods and Accident Investigations; required Arizona Peace Officer Standards Training to maintain certifications, Records and ID, and Prisoner Transport. Report means a regular (monthly, annual) Sheriff’s Office communication that includes calls for service, crime, criminal activity, arrests, response times in report format to the Town compared with information and crime statistics from previous periods. Staffing Allocation Factor means the FTE to staff one of three types of posts: 24-hour /7-day (5 post (5 FTE); 8-hour/ 7-day post (1.67) FTE; and 8-hour/5-day post (1.19) FTE. Town means the Town of Fountain Hills, an Arizona municipal corporation. Town Council means the Mayor and Town Council of the Town of Fountain Hills. Town Manager means the Town Manager of the Town of Fountain Hills, or Town Manager’s authorized designee. Transitional Start Up Phase means any time period up to 12 months between when the Agreement or an amendment to the Agreement to increase services is approved through the time that contracted level of service and equipment is attained or stabilized. Worksheet (Exhibit A) means the annualized cost detail information page(s) for the contracted level of service that is updated annually and is the basis for monthly billing amounts. 7 B. Legal Notices Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (1) delivered to the party at the address set forth below, (2) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (3) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the County: Jen Pokorski, County Manager Maricopa County 301 W. Jefferson, 10th Floor Phoenix, Arizona 85003 If to the Sheriff’s Office: Paul Penzone, Sheriff MCSO 550 W Jackson, Fifth Floor Phoenix, Arizona 85003 Russ Skinner, Chief Deputy MCSO 550 W Jackson, Fifth Floor Phoenix, AZ 85003 James R Prindiville, Executive Chief Financial Officer MCSO 550 W. Jackson, Fifth Floor Phoenix, Arizona 85003 If to the Town: Ginny Dickey, Mayor Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 Town Manager Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 Aaron Arnson, Town Attorney Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 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 Section. Notices shall be deemed received (1) when delivered to the party, (2) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (3) 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 8 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. C. Term of the Agreement This Agreement shall become effective October 1, 2023 (the “Effective Date”) following approval by the Town Council and the Board. This Agreement shall remain in full force and effect from the Effective Date through June 30, 2026 (the “Initial Term”), unless terminated pursuant to Section I, Subsection F. or continued through automatic renewal pursuant to Section I, Subsection D of this Agreement. D. Automatic Renewal Following the Initial Term, this Agreement shall automatically renew for one, three-year term, 7/1/2026 through 6/30/2029, with all the terms of this Agreement in effect, unless and until renegotiated or terminated pursuant to: (1) a non-renewal notice as set forth below in this Subsection or (2) Section I, Subsection F below. Parties can extend this Agreement past the three-year automatic renewal term by amendment approved by the Parties prior to the automatic renewal end date (6/30/2029). E. Amendments This document contains the entire Agreement of the parties and cannot be changed orally. Any changes or modifications of this Agreement must be in the form of a written amendment (1) approved by the Town Council and the Board and (2) signed by both parties. F. Termination 1. Without Cause. Either party shall have the right, upon twelve (12) months written notice to the other party, to terminate this Agreement without cause. 2. Uncured Breach. In the event of breach of any of the provisions of this Agreement, either party may terminate this Agreement for cause by serving written notice to the other party specifically setting forth the nature of the breach. If said breach has not been resolved within ninety (90) days after receipt of notice, then this Agreement shall be deemed terminated and both parties shall perform their respective obligations up to the date of such termination. G. Insurance The parties agree to secure and maintain insurance coverage for any and all risks that may arise out of the terms, obligations, operations, and actions as set forth in this Agreement, including but not limited to public entity insurance. The acquisition of insurance or the maintenance and operation of a self-insured program may fulfill this insurance requirement; provided, however, that the unencumbered reserves available under any such self-insurance program shall be equal to or greater than the required minimum coverage 9 amounts set forth below. The parties to this Agreement shall exchange certificates of insurance or self-insurance. 1. General: a. Maricopa County is self-insured and any claims for which Maricopa County is found legally liable are paid under the Declaration of Trust for Maricopa County, Arizona Self-Insured Risk Trust Fund, adopted January 14, 2015. Maricopa County has no legal right to extend or convey “Additional Insured” status to the Town. b. Coverage Term: All insurance required herein shall be maintained in full force and effect until all Law Enforcement Services required to be performed under the terms of this Agreement are satisfactorily performed. c. Primary Insurance: County’s insurance shall be primary insurance with respect to performance of the Law Enforcement Services included in this Agreement. d. Policy Deductibles and or Self-Insured Retentions: The County shall be solely responsible for any such deductible or self-insured retention amounts. 2. Required Insurance Coverage: a. Public Entity Liability: County shall maintain public entity liability coverage for bodily injury and property damage with an unimpaired limit of not less than $5,000,000 for each occurrence; no aggregate limit. The policy shall cover liability arising from premises/operations and personal injury. b. Automobile Liability: The County shall maintain Business Automobile Liability insurance with a limit of $5,000,000 combined single limit each occurrence on County’s owned, hired and non-owned automobiles assigned to or used in the performance of the Law Enforcement Services under this Agreement. c. Workers’ Compensation Insurance: County shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of County’s employees engaged in the performance of Law Enforcement Services under this Agreement and shall also maintain Employer’s Liability Insurance of $2,000,000 for each accident, $500,000 disease for each employee and $2,000,000 disease- policy limit. 3. Cancellation, Material Changes and Expiration Notice: Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days’ prior written notice to the Town. 4. Limitation on Insured Liability. The County shall only be liable for such claims, losses, damages or injuries that result from negligent actions or misconduct related 10 to Law Enforcement Services by the Sheriff’s Office as contemplated by this Agreement. H. Indemnification l. Mutual Indemnity. To the extent permitted by law and notwithstanding any liability insurance or other conditions of this Agreement, each party hereby covenants and agrees to indemnify, defend and hold harmless the other party, its officers, employees, contractors and agents for, from and against all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement which are the result of any act or omission of the party, its officers, employees, contractors, agents and/or anyone acting under its direction or control whether intentional or negligent, in connection with or incidental to this Agreement. 2. Sheriff’s Office Actions. The Town shall not indemnify, defend or hold harmless the County, but the County shall indemnify the Town, for any suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature brought against the County as a result of any act or omission of the Sheriff’s Office which is caused or alleged to have been caused by the negligence or misconduct of any member of the staff of the Sheriff’s Office or which occurs while any such staff member is performing Law Enforcement Services not directly related to this Agreement. The County shall pay, on behalf of the Town, all judgments, fines, penalties, interest on judgments, fines and penalties, or costs including attorney’s fees, court costs, expert witness fees and discovery costs associated with a claim brought hereunder. The indemnity under this Agreement shall commence as of the Effective Date of this Agreement and shall continue in full force and effect with respect to any and all actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of or relating to this Agreement. I. Record Keeping and Audits 1. Required Records. The parties agree to maintain and furnish to each other such records and documents pertaining to the Law Enforcement Services provided pursuant to this Agreement as may be required by applicable Federal and State laws, rules and regulations. 2. Audit. Each party, prior to conducting an audit, must give thirty (30) calendar days’ notice to the other party. If the audit indicates that fees or billable items have been charged incorrectly, each party agrees to make appropriate corrections and adjustments. Audit requests will be limited to information that does not exceed the three most recent fiscal years closed. J. Construction of Agreement 1. Superseding Prior Agreements. This Agreement replaces and supersedes any existing Agreement for Law Enforcement Service or Enforcement Communications Services between the two parties, the most recent being that certain Agreement for Law Enforcement Services between the parties recorded by the Town June 21, 2012 in Resolution No. 2012-19 and approved by the 11 Board of Supervisors on August 6,2012 in record No. C-50-12-084-3-00 and two amendments thereafter Nos. C-50-12-084-3-01; C-50-12-084-3-02; and C-50-12- 084-3-03. 2. Severability. Every provision of this Agreement is and will be construed to be a separate and independent covenant. If any provision in this Agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this Agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable will not be affected by that invalidity or unenforceability. Each provision in this Agreement will be valid and will be enforced to the extent permitted by law and the parties will negotiate in good faith for such amendments of this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. 3. No Waiver; No Accord or Satisfaction. The failure of either party to insist in any one or more instances upon the full and complete performance of any of the terms and provisions of this Agreement to be performed on the part of the other or to take any action permitted as a result thereof shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same or any other covenant or condition either in the past or in the future. The acceptance by either party of sums less than any that may be due and owing at any time shall not be construed as an accord and satisfaction. 4. Entire Agreement. This Agreement contains all the terms and conditions agreed to by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Nothing in this Agreement shall be construed as consent to any suit or waiver of any defense in a suit brought against the State of Arizona, Maricopa County, or the Town of Fountain Hills in any State or Federal Court. 5. Counterparts. This IGA is effective when signed by the Parties. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Faxed, copied, electronic and scanned signatures are acceptable as original signatures. 6. Governing Law, Dispute Resolution, and Jurisdiction. This Agreement shall be interpreted in accordance with Arizona law. Any litigation arising from the agreement, or the performance thereof will be decided in the federal or state courts of Maricopa County unless otherwise agreed to between the Parties. The laws of the State of Arizona shall govern the construction and interpretation of this IGA. This Agreement is subject to the provisions of A.R.S. § 12-1518 relating to the use of arbitration. 7. Compliance with Civil Rights. The Parties to this Agreement agree to comply with A.R.S. Title 41, Chapter 9 (Civil Rights), Arizona Executive Order 2009-09, and any other federal or state laws relating to equal opportunity and non- discrimination, including the Americans with Disabilities Act. No Party shall engage in any form of illegal discrimination with respect to applications for employment or student status or employees or students. 12 8. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall, be construed to create any partnership, joint venture, or employment relationship between the Parties or create any employer-employee relationship between the Parties’ employees. Neither Party shall be liable for any debts, accounts, obligations, or other liabilities whatsoever of the other Party, including, but without limitation, the other Party's obligation to withhold Social Security and income taxes for itself or any of its employees. Parties acknowledge that under this IGA no employee of the Town is to be considered a County employee, and that no rights of County merit, County retirement, or County personnel rules shall accrue to such individual. The Town shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workman's compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and shall save and hold MCSO harmless with respect thereto. 9. Independent Contractors. For purposes of A.R.S. § 31-121(d), the Sheriff’s Office and its employees shall be considered to be peace officers engaged as independent contractors, not as employees, of the Town while performing the responsibilities imposed by this Agreement. 10. Cancellation for Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38-511. (Cancellation of political subdivision and state contracts.) 11. E-Verify. The parties mutually warrant that they are in compliance with A.R.S. § 41-4401 and further acknowledge that they and their subcontractors, if any, warrant their compliance with A.R.S. § 41-4401, and all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214, subsection A and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. . 12. Scrutinized Business Operations. The parties certify that they do not have scrutinized business operations in either Sudan or Iran, per A.R.S. § 35-391.06 and 35-393.06. II. SERVICES The Sheriff’s Office shall provide Law Enforcement Services at the level of patrol beats set forth in the Worksheet (Exhibit A for FY 2024), attached hereto as and incorporated herein by reference. A. Service Provision 1. Scope of Services. a. The County, by and through the MCSO, shall provide the Law Enforcement Services within the current incorporated limits of the Town. The MCSO shall investigate and enforce criminal violations of state statute and certain Town code violations that directly impact public safety and fall within the definition of Basic Law Enforcement Service set forth 13 above. The Town shall be primarily responsible for non-criminal Town Code/Ordinance code enforcement violations and may request assistance with the Sheriff. b. The Town Manager or designee and the District Commander shall establish between themselves the MCSO duties and responsibilities pertaining to the Town code violations, on-call Court Security, animal control issues and other local enforcement services that fall within the definition of basic Law Enforcement Services within this Agreement. c. Parties acknowledge that the MCSO’s special response resources shall be deployed within the Town, when necessary, as determined by the Sheriff, for public safety. Such resources include: Aviation (Helicopter and Drones) Reserve and Posse Coordination and Resources Specialized Response (K-9 Units, Technical Operations Unit(s), Special Vehicles) Command Posts Specialized Weapons and Tactical Response (SWAT) B. Performance Objectives 1. Response Times. Deputy response to calls for service will be provided twenty- four (24) hours per day, seven (7) days per week. Patrol deputies shall be physically within the Town’s jurisdiction. The level of contracted service provided for in this Agreement shall allow management of dispatch and deputy response times for Emergency Priority 1 Calls as follows: a. Emergency Priority 1 Calls shall be answered within sixty (60) seconds. The dispatch time shall be measured from the point at which the call is answered to the time the dispatcher initiates radio notification to the deputy assigned to respond. Any dispatch taking more than sixty (60) seconds to complete shall be documented, and reports shall be made available to the Town upon request. b. Emergency Priority 1 Calls shall have a deputy on scene within five (5) minutes or less. Detail on Emergency Priority I responses taking longer than five (5) minutes to arrive on scene after dispatched will be furnished by the Sheriff’s Office upon request from the Town. 2. Citation into Town Court. Misdemeanors, traffic infractions and civil violations occurring within the corporate limits of the Town shall be cited into the Town’s Magistrate Court. 3. MCSO Presence: MCSO presence within the Town’s jurisdiction is determined by the contracted level of service provided for in Worksheet (Exhibit A) of this Agreement. The staffing allocation factor, FTE staffing requirements, and Special Pay are intended to cover shift overlap, sick leave, vacation leave, normal short- term leaves and training. 14 a. MCSO will make every effort to maintain a level of patrol coverage that is equivalent to the contracted number of beats. b. MCSO will provide investigative service, supervision, management, dispatch/communications service dispatch, and administrative/clerical support for this Agreement per established MCSO staffing allocation factors. 4. Sustained Staffing Shortfalls a. Basic Law Enforcement Services will be MCSO’s first priority, over Optional, Supplemental law enforcement services concerning continuous staffing of this contract. b. MCSO’s failure to staff a contracted duty post for sixty (60) consecutive days or more for any reason may result in an Annual Credit to be applied to the Personnel Services section of the next Annual Worksheet Exhibit A. C. Establishment of Service Priorities 1. Personnel Utilization. MCSO District personnel shall be deployed and utilized in the safest, most efficient manner to meet the needs of the Town and MCSO, as determined by the MCSO District Commander in consultation with the Town Manager and consistent with the overall contracted level of service. 2. Setting Priorities. The MCSO District Commander and the Town Manager shall meet as needed to review progress and establish priorities for the delivery of Law Enforcement Services as desired by the Town and that align with the public safety priorities of the Town and MCSO. a. Changes in priorities shall be supported by MCSO monthly incident report data and Town-specific needs. b. Public safety priorities shall be communicated to the MCSO patrol units providing Law Enforcement Services within the Town’s jurisdiction by corresponding MCSO chain of command personnel. c. The MCSO will always consider the Town’s policing program goals when establishing new public safety priorities. 3. Changes to Service Levels. The MCSO strives to consistently provide the police program recommended by the Town Council and agreed upon by the District Commander and the Town Manager that provides optimum safety for its employees and the community. Increases and decreases to annual beat level will be prompted by external events and require an Amendment to this Agreement per Section I, Subsection E. Criminal Activity Increases. If the Sheriff’s Office, acting through the District Commander in consultation with the Town Manager, observes that criminal activity is dramatically increasing in the Town, the Sheriff’s Office will 15 temporarily deploy support units as deemed reasonably necessary to suppress such activity. a. Decisions to temporarily increase resources will be supported by relevant crime and incident data. b. Short-term or incidental deployments of additional resources will be at no additional cost to the Town. c. Sustained deployments of additional resources in excess of 60 consecutive days may result in an Annual Credit offset calculation, similar to B.4.b., above. D. Maintenance of Sheriff’s Substation At all times during the term of this Agreement and any extension thereof, the Sheriff’s Office shall maintain at least one substation facility within the corporate limits of the Town, at a location (or locations) mutually agreeable to the Sheriff’s Office and the Town Manager. All patrol deputies assigned to duties within the Town shall operate out of such substation(s). The Sheriff’s Office obligations set forth in this Section may be satisfied by maintaining and utilizing space provided by the Town in its Town Hall Building. E. Community-Oriented Policing The District Commander shall ensure that policies and procedures are in place and implemented within the corporate limits of Fountain Hills consistent with the philosophy of Community-Oriented Policing, which combines traditional aspects of law enforcement with preventive measures, problem-solving, Community engagement and Community partnerships. F. Chain of Command and Responsibility for Performance Standards 1. Maricopa County Sheriff Directs Operations of Deputies. The Town Manager or authorized designee is responsible for coordinating all Law Enforcement Services within the Town as well as conveying the wishes of the Town Council to the MCSO District Commander with respect to Law Enforcement Services. The Town Manager or authorized designee shall have no chain of command authority to direct the operations of the MCSO Commander, deputies, and other MCSO employees, such authority being reserved to the Maricopa County Sheriff pursuant to Section II, Subsection F (4), below, the parties to this Agreement understand that the Town expects the MCSO to reasonably respond to its needs for Law Enforcement Services as communicated through the Town Manager or authorized designee. The MCSO District Commander shall, at all times, consider the request of the Town Manager or Town’s authorized designee with respect to the implementation of Law Enforcement Services. 2. Deputy Performance. The Maricopa County Sheriff is solely responsible for the performance, evaluation discipline and movement of MCSO personnel as well as other matters incidental to the provision of the Law Enforcement Services under this Agreement. In the event of a dispute between the parties regarding the manner of performance of such service, the determination made by the Maricopa County Sheriff shall be final and conclusive. 16 3. Citizen Complaints. MCSO employees are trained to consistently perform their duties with professionalism and accountability. Citizen Complaint and Comment Forms are available from deputies, on-line, and from the District Facilities. Complaints will be processed through the MCSO according to policy. 4. District Commander. The Sheriff’s Office shall assign to the Fountain Hills District a full-time deputy, with the rank of Lieutenant or higher, who shall be designated the “District Commander” and who shall be responsible for the supervision and coordination of Law Enforcement Services by the Sheriff’s Office within the Town. The Sheriff’s Office shall assign the District Commander to service within the Town for a term of at least two years during which such individual will not be reassigned except upon mutual agreement of the Town and the Sheriff’s Office. Prior to replacement, the Sheriff’s Office will provide the Town Manager with the name of its selected candidate for District Commander and an opportunity to meet with this candidate prior to assuming command. The Town shall have the right to request in writing to the MCSO that an alternative candidate be provided for consideration if it does not concur with the selection. 5. Deputy Assignment. The Sheriff’s Office will, from time to time, assign to the Town sufficient deputies to provide the Law Enforcement Services required by this Agreement. Staff will be assigned to the Town on a full-time basis and will work within the Town limits unless required to cross jurisdiction boundaries for pursuits, ongoing investigation of Town cases or other temporary law enforcement emergency situations including responding to requests for assistance from other officers in surrounding jurisdictions in emergency or dangerous situations. To the extent possible, the Sheriff’s Office personnel who are selected for deployment to the Town will be required to make a two-year commitment to this assignment in the Sheriff’s Office and shall remain deployed to the Town for such two-year period unless reassignment is requested by the Town Manager; provided, however, that the Sheriff’s Office may transfer personnel, with prior notification to the Town Manager, when such transfer is in the best interests of the Town and the Sheriff’s Office. The Office may utilize a rotational process of various deputies (cadre) in addition to the assigned Town deputies to address any extended period of patrol deputy vacancy in the Town under the terms of this contract. 6. Removal of Assigned Staff. The Town, acting through the Town Manager shall have the right to request in writing that any staff assigned to service within the Town by the Sheriff’s Office be reassigned or otherwise removed from service within the Town. When such request is made, the Sheriff’s Office shall comply as soon as reasonably practical, but in any case, within no more than three weeks after such request is made. 7. Training. All Training of MCSO staff will be provided by the Maricopa County Sheriff’s Office. Requests for MCSO employees to attend training programs sponsored by the Town require the Sheriff’s pre-authorization. G. Reports and Information 1. Reporting. This Law Enforcement Services Agreement is limited to law enforcement service delivery and the management thereof. The terms of this Agreement provide for Reports as outlined in Section I, Subsection A, above. 17 Reports will be presented consistent with current MCSO reporting technology and reporting formats. 2. Information Requests. The Town Manager may request additional law enforcement service information that is not included in the reports by sending a written request the MCSO Executive Chief of Enforcement or to the Chief Deputy. 3. Financial/Administrative Information. Requests from Town officials for financial and other administrative information that are not applicable to day-to-day law enforcement service will be in writing and directed to the Sheriff’s Office Chief of Administration. III. REIMBURSEMENT COSTS AND CHARGES FOR SERVICE A. Reimbursement for Law Enforcement Services 1. Worksheet to Determine Reimbursement Amount. The Town agrees to reimburse the Sheriff’s Office for all Law Enforcement Services rendered as outlined in the attached annualized Worksheet (Exhibit A) beginning October 1, 2023 through June 30, 2024). a. The Worksheet (Exhibit A) template and calculation methodology is used for all MCSO contracted law enforcement service with Cities and Towns. b. Changes to level of service effected by Amendment will result in a new annualized Worksheet (Exhibit A) showing the impact of the change for implementation coincidental to the effective date. i. Effective dates for implementation will be 90 to 180 days following governing body approval. ii. The Town will be charged 1/12 the new annualized rate effective with implementation. iii. If MCSO is unable to provide increased resources for increased services by the implementation date parties will agree on a new date and the increase to the monthly amount payable will be delayed or pro-rated, accordingly. B. Annual Review of Costs. The reimbursement costs for this Agreement are reviewed and revised on an annual basis. The Sheriff’s Office recognizes the Town’s need to have information early for its budget and planning process. 1. Annual Cost Notification. By February 20 of each year that falls within the term of this Agreement, or any extension thereof, the Sheriff’s Office will provide the Town Manager an updated Worksheet (Exhibit A) that indicates the calculated annualized amount for Law Enforcement Services for the coming fiscal year. 18 a. Unforeseeable and unavoidable cost increases effective with the coming fiscal year but unknown at the time of the February 20 issuance of Worksheet (Exhibit A), may only be passed through to the Town pursuant to an amendment to this Agreement. b. Explanation of Cost Changes. An explanation of cost variances by Worksheet Exhibit A. section from the current fiscal year will be explained in the Annual Cost Notification. 2. The MCSO, the County or the Town cannot arbitrarily change costs. Each annual preparation of the Worksheet Exhibit A. shall employ consistent methodology applicable to all Sheriff’s Office contract cities and towns. The annual office-wide general fund vacancy rate from the previous fiscal year ended shall be applied to the next annual Worksheet Exhibit A Special Pay section when continuous vacancies result in unfilled posts and extraordinary overtime across the MCSO Patrol Districts. An extraordinary, sustained vacancy rate would be greater than 8%. 3. Annual review of sustained unfilled duty posts. Beginning with the FY 2024 Cost update, MCSO will review its District VII position staffing FTE with payroll records of the most recent fiscal year closed (FY 2022). All District positions will be included in the review, contract worksheet positions and optional, supplemental positions. District position numbers that are vacant for (2) two consecutive months or more for any reason—unfilled, military leave, sick leave, or administrative leave will be included in an Annual Credit calculation. Sustained deployments of supplemental FTE assigned to the contract and not cited on Worksheet Exhibit A. for 60 consecutive days or more for any reason will be considered in the Annual Credit calculation and proposed as a credit offset. 4. Annual Credit. The Town will be credited for positions identified in the annual review where posts were unfilled for two consecutive months. The credit will commence with the third month of the vacancy through the month in which the post is filled. a. The cost reimbursement calculation for each month is 1/12 of the annualized cost for each vacant post's market range title including benefits, workers comp and unemployment. Worksheet Exhibit A for the corresponding year of the vacancies will be used, e.g. FY 2022 records, FY 2022 Worksheet costs. b. Credit offset. Costs for sustained supplemental positions assigned to the District for two consecutive months or more will be calculated in the same manner as the Annual Credit and presented in the total for the Annual Credit as an offset. c. The final/net Annual Credit will be applied to the Personnel Services Section of Worksheet Exhibit A. and included in the Annual Cost Notification. 19 C. Explanation of Charges The contracted level of Service under this agreement is 3.6 Beats. The Sheriff’s Office annual cost Worksheet (Exhibit A) shall be beat-driven and prepared with the following sections: l. Personnel Services. The premise for the methodology used for calculating Personnel Services is cost recovery using FTE (full-time equivalents) that align with the contracted level of service. a. Annual full-time hours per FTE (full time equivalent) are 2088. b. Average Hourly Base Pay: The MCSO Patrol district-wide hourly regular pay average by market range title for the current fiscal year. c. The Variable Benefits Rate Charge (retirement system, FICA, Medicare) using the retirement system applicable to the position type, is the current fiscal year rate. d. The Fixed Benefit (Health Care costs) amount is the current year fixed benefit annual cost. e. Workers’ compensation and unemployment are employer payroll expenses are allocated per FTE. f. The Staffing Requirements applicable to MCSO’s contracted law enforcement are: i. 5 Patrol Deputy (LEO) FTE are required to staff one deputy position around the clock. The number of patrol deputies on duty around the clock approximate the number of contract beats. This contract is 3.6 Beats and requires 18 Patrol Deputy FTE staffing. ii. The Detective staffing represents Investigative effort at a level of 2.55 LEO FTE for this contract. Detective staffing may or may not be housed at the District substation. iii. This contract will be staffed with five (5) sergeant positions for continuous shift supervision. iv. Lieutenants, and Captains are allocated on an established number of lower ranking LEO (law enforcement officer) FTE. v. This contract will be staffed with 1 FTE for Deputy Service Aide (Law Enforcement Services Officer) and 1 FTE Clerical/ Administrative Assistant. vi. The Dispatcher/Communications allocation is determined by the previous year’s number of calls for service/incidents that occurred applied as a percent to Dispatch Costs that is converted to an FTE. This allocation is calculated annually. 20 g. The Town may request and fund Optional, Supplemental FTE allocations. i. Allocations are contingent upon MCSO’s ability to staff them. ii. Authorized supplemental FTE allocations by market range title will be incorporated in Worksheet (Exhibit A) with “supplemental” notations. This contract includes: LEO School Resource Officer (1 FTE) iii. An amendment to this agreement is required to change Optional, Supplemental FTE staff allocations. iv. Optional, Supplemental allocations are located in the first table of Part 1 of Worksheet Exhibit A., sample of which is provided below: h. The Staffing Allocation Factor represents the basic staffing requirement (including required coverage and shift relief factors) in a single beat. Staffing Allocation Factor 24 hour / 7 day post 5.00 FTE 8 hour / 7 day post 1.67 FTE 8 hour / 5 day post 1.19 FTE Market Range Title/ Position FTE Allocation Allocation Unit # of Units Base Staffing Requirements Patrol Deputies (LEO) 5.00 Beat 3.60 18.00 Detectives (LEO) 2.55 Sergeant 1.00 Shift 5 5.00 Lieutenant 1.00 LEO FTE 18 1.20 Captain (LEO Commander) 1.00 LEO FTE 30 0.72 Clerical/Admin Assist. 1.00 1.00 Deputy Service Aide 1.00 1.00 Dispatch/Communica- tions 2.13 FTE Staffing Requirements Cost allocation expressed as FTE using annual number of calls for this contract. Position FTE Alloca- tions Average Hourly Base Pay Hourly Variable Benefits Rate Charge Hourly Average Base Plus Variable Benefits Fixed Benefit Annualized Patrol Beat Deputies (LEO) 18.00 $34.31 84.42% $63.27 $13,632 2,623,285.52$ Optional, Supplemental School Resource Officer (LEO) 1.00 $34.31 84.42% $63.27 $13,632 145,738.08 21 i. Special Pay i. Overtime Overtime cost recovery is calculated using actual overtime cost from the previous fiscal year closed plus current variable benefits by District to arrive at an annual cost per sworn eligible FTE. ii. Shift Differential Shift Differential cost recovery is calculated using actual differential from the previous fiscal year closed by District plus current year variable benefits to arrive at an annual cost per sworn eligible FTE. iii. Regular Over Budget Regular Over Budget cost recovery is calculated by multiplying the new base rates in the worksheet by 24 (hours) by 10 holidays plus the current benefit rate for a cost per beat. That cost is divided by the number of contracted sworn FTEs for a cost per FTE. 2. Supplies. a. Supplies cost recovery is calculated using actual supplies cost downloaded from the financial accounting system for District for the previous fiscal year closed. An annual cost per FTE is calculated and multiplied by the number of FTE assigned from Worksheet Exhibit A “positions.” b. Ammunition cost recovery uses a four-year average actual ammunition cost (this includes taser cartridges) and divides it by the current year number of MCSO sworn FTE for a cost per FTE. That amount is then multiplied by the number of FTE for sworn positions on Worksheet Exhibit A. c. Uniform Allowance is the annual amount provided each sworn officer to maintain a uniform and is charged by FTE. 3. Communications and Information Technology. Sophisticated and costly information and communications systems are used in everyday MCSO law enforcement operations. Cost recovery includes but is not limited to system hardware and software maintenance and licenses, technology supplies, monthly service, data charges, information system connection fees, and data storage fees. Charges for Sheriff’s Police Communications and Information Technology are comprised of several components: a. Information System Service Charge: The Town’s charge is calculated by taking its percent of the previous year’s Patrol expense (using the contracted total as the numerator) and applying it to the calculated amount of technology system hardware and software licensing and maintenance expense attributed to patrol. 22 b. Monthly Radio Charges: The monthly charges per FTE (1 per) and per vehicle (2 per) are per device calculated by Maricopa County Wireless and based on the number of system users. c. Monthly Deputy Laptop Charges: The monthly deputy laptop data mobile data charges are per device and based on the number of system users. d. Monthly I-phone charges are per device based on number system users. e. Wiring installations and upgrades for MCSO designated space owned by the Town. Costs incurred by MCSO for technology wiring installations, wiring upgrades, voice or data communications connections, device docking stations, charging stations, radio communications base stations and computing equipment purchased for use in MCSO occupied spaces furnished by Town, either explicit or implicit to this Agreement, will be recovered. 4. Vehicle and Equipment Charges. Vehicle depreciation and vehicle equipment charges fund continuous replacement of patrol vehicles through the County’s vehicle replacement plan. Maintenance of vehicles is the responsibility of the MCSO. a. The current vehicle and vehicle equipment cost will be used to determine vehicle depreciation and equipment depreciation amounts. b. The annual number of miles driven will be used in determining charges for vehicle mileage, vehicle depreciation, and vehicle equipment depreciation. c. Actual miles for the District from Fleet Management system reports from the previous fiscal year are used in Worksheet Exhibit A. d. Per Mile Rates  The Per Mile Rate for mileage charge is the average cost per mile for the previous fiscal year for all patrol vehicles.  The Per Mile Rate for Vehicle Depreciation is the current cost of a vehicle with warranty divided by the established lifetime miles.  The Per Mile Rate for Equipment Depreciation is the current cost of vehicle equipment divided by the number of established lifetime miles. 5. One-Time Costs MCSO is obligated to recover costs from the Town for equipment replacement or for new equipment items that are necessary to support the contracted level of Law Enforcement Service and are not otherwise funded in the Sheriff’s operational budget. 23 a. The Town will be required to fund one-time reimbursement for the initial purchase of vehicles and patrol vehicle equipment (lights; sirens; push bars) upon initiation of service and for any vehicles and patrol vehicle equipment purchased to meet contracted increases in levels of service authorized by Amendment(s) to this Agreement. Subsequent vehicle and vehicle equipment replacements shall be funded by the County as provided in Section III, Subsections B (4) of this Agreement, and not by the Town. b. The Town will be required to fund the costs of items necessary to equip contract positions upon initiation of service and for any positions associated with increases to service by Amendment. Examples of such items are radios (for sworn personnel and vehicles), computers, mobile data terminals for vehicles, e-ticketing equipment for vehicles, Tasers® and accessories, radar guns, body cams, service weapons, body armor, and cell phones. c. Reimbursement costs for replacement of equipment items listed in b., above, will occur in conjunction with the annual updating of Worksheet (Exhibit A) as provided for in Section III, Subsection B. (1) of this Agreement. Any replacement cost reimbursement that is not included in the annual updating will be handled by amendment as provided for in Section III, Subsection B. (1. a) of this Agreement. d. All one-time and replacement equipment items regardless of funding source, shall be County property. e. Maintenance of vehicles is the responsibility of the Sheriff’s Office. 6. Indirect Cost Recovery. A 3% administrative service charge will be applied to operating costs, excluding one-time items to help recover a portion of administrative support costs that are not recovered elsewhere in the Worksheet as named in the Definitions Section of this Agreement. 7. Other Law Enforcement Services. The MCSO reserves the right to address cost recovery for Other Law Enforcement services listed in the Definitions section of this Agreement via amendment to this Agreement in the future. D. Off Duty Assignments and Special Events (MCSO) 1. The Town hosts annual special events for the general public that require additional security, law enforcement, street closures and traffic control. 2. In general, the Town shall contract with the County’s designated Off Duty contract manager when sworn security coverage at events is warranted and with a private security firm for non-sworn security when sworn officers are not necessary. 3. The Town Manager will consult as needed with the District Commander concerning type of coverage. 4. Special event services may be available only when the contracted off duty service is not an option AND will be contingent upon availability of MCSO resources. A schedule of special event service charges and rates is attached as 24 Exhibit B to this agreement for certain special events that require staffing and specialized resources above and beyond the basic contract. E. Payment 1. The Town agrees to pay the annualized amount listed on Worksheet Exhibit A for FY 2023-24 for Law Enforcement Services rendered and at the rate agreed to by the parties (via the Worksheet) beginning the effective date of this Agreement and at the rates established each year thereafter. Payment for Law Enforcement Services for each year of this Agreement including the automatic renewal will be made monthly in twelve (12) equal installments (1/12 of the annualized cost) on or before the 20th day of each month, beginning with the first month of the Initial Term. 2. Payment for increases in Law Enforcement Services authorized by Amendment to this Agreement shall commence per the terms of the Amendment and shall be applied to regular monthly payments unless otherwise specified by Amendment. 3. Payment to reimburse the initial purchase of one-time items described in Section III, Subsection C (5), above shall be billed separately as one-time reimbursements. 4. Payment for Special Events referenced in Section III. D. 4. for which MCSO is the service provider, will be payable upon receipt of MCSO’s invoice and will be billed separately. E. Cost of Incarceration Nothing in this Agreement shall alter the financial responsibilities of the Town and the County for the incarceration of prisoners arrested by the Sheriff’s Office in the performance of its responsibilities hereunder. (Re: §A.R.S. 31-121 D.) [SIGNATURES ON FOLLOWING PAGE] 25 IV. Authorization and Signatures Fountain Hills has the authority to enter into this Agreement pursuant to A.R.S. §9-498 and §11- 952, and the County has the authority to enter into this Agreement pursuant to A.R.S. §§11-951 et seq. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date of the last signature set forth below. TOWN OF FOUNTAIN HILLS, MARICOPA COUNTY an Arizona Municipal Corporation a political subdivision of the State of Arizona BY: BY: Date Date Mayor Chairman, Board of Supervisors ATTEST: ATTEST: Town Clerk Date Clerk of the Board Date MARICOPA COUNTY SHERIFF’S OFFICE BY: Sheriff Date In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorneys acknowledge that (i) they have reviewed the above Agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. Town Attorney Date Deputy County Attorney Date 26 Worksheet Exhibit A – Annual Cost Worksheet Worksheet Exhibit A. BEATS 3.60 Operating $5,950,088.49 3% Indirect 178,502.65 One Time 0.00 Total Contract Costs $6,128,591.15 Part 1. Personnel Services 5,296,070.32$ Annual Hours Budgeted 2088 Position FTE Alloca- tions Average Hourly Base Pay Hourly Variable Benefits Rate Charge Hourly Average Base Plus Variable Benefits Fixed Benefit Annualized Patrol Beat Deputies (LEO) 18.00 $34.31 84.42% $63.27 $13,632 2,623,285.52$ Optional, Supplemental School Resource Officer (LEO) 1.00 $34.31 84.42% $63.27 $13,632 145,738.08 Detective (LEO) 2.55 $33.98 84.42% $62.66 $13,632 368,373.98 Sergeants 5.00 $45.11 84.42% $83.19 $13,632 936,682.16 Lieutenants 1.20 $54.07 84.42% $99.72 $13,632 265,602.51 Captain 0.72 $68.81 84.42% $126.90 $13,632 200,133.09 Deputy Services Aid 1.00 $26.23 19.82% $31.43 $13,632 79,257.84 Clerical/Administrative Assistant 1.00 $23.13 19.82% $27.71 $13,632 71,490.48 Worker's Comp 30.47 $1,059.87 (Fund-Wide Allocation per FTE) 32,289.53 Unemployment 30.47 $73.18 (Fund-Wide Allocation per FTE) 2,229.47 Dispatch 2.13 $26.38 19.82% $31.61 $13,632 169,939.72 Sub Total Salary and Benefits 4,895,022.38$ (611,638.23)$ 141,407.76$ Net Total Salary and Benefits 4,424,791.90$ Type of Duty Post FTE Allocation Market Range Title/ Position FTE Allocation Allocation Unit # of Units Base Staffing Requirements 24 hour / 7 day 5.00 Patrol Deputies (LEO) 5.00 Beat 3.60 18.00 8 hour / 7 day 1.67 Detectives (LEO) 2.55 8 hour / 5 day 1.19 Sergeant 1.00 Shift 5 5.00 Lieutenant 1.00 LEO FTE 18 1.20 Captain (LEO Commander) 1.00 LEO FTE 30 0.72 Clerical/Admin Assist. 1.00 1.00 Deputy Service Aide 1.00 1.00 Dispatch/Communica- tions 2.13 Town of Fountain Hills Maricopa County Sheriff's Office Law Enforcement Reimbursement Costs and Charges FY 2024 (July 1, 2023 through June 30, 2024) FY 2022 Supplemental L.E. Service Position Offset Staffing FTE Allocation Factor FTE Staffing Requirements Cost allocation expressed as FTE using annual number of calls for this contract. Annual Credits and Selected Supplemental Offsets from FY 2022 (+60days) (Fountain Hills Only) FY 2022 Vacant Position Credit 27 Exhibit B. Worksheet Exhibit A. Special Pay Sworn Eligible Sworn FTEs District Rate Per FTE Cost Cost Includes 84.42% Variable Benefits Overtime 26.55 $33,461.54 888,403.79$ Shift Differential 26.55 $1,261.17 33,484.13$ Regular Over Budget (Sworn) 28.47 $2,094.22 59,613.06$ Sub Total Special Pay 981,500.98$ FY 2022 Dept Wide Vacancy Credit (11.23%) -110,222.56 Net Total Special Pay 871,278.42$ Part 2. Supplies and Rent 53,746.71$ Total Applicable FTE's 30.47 FTE total minus Dispatch Supply Cost (By District) $577.88 Per applicable FTE 17,605.44$ Ammunition $469.65 Per Sworn FTE 28.47 13,368.83 Uniform Allowance $800.00 Per Sworn FTE 28.47 22,772.44 53,746.71$ Part 3. Communications and Information Technology (IT)264,835.14$ Sworn FTEs 28.47 Information System Service $150,115.14 Annual Cost 150,115.14$ Monthly Radio Charges Vehicles $124.19 Per Month (12); 2 per Vehicle Vehicles 15 44,708.40 Monthly Radio Charges Sworn $124.19 Per Month (12) per Sworn FTE Sworn FTE 28.47 42,421.65 Deputy Laptop Connection $40.01 Per Month (12) per Sworn FTE Sworn FTE 28.47 13,666.88 I-Phone Monthly Charge $40.76 Per Month (12) per Device per Sworn FTE Sworn FTE 28.47 13,923.07 264,835.14$ Part 4. Vehicles and Equipment 335,436.32$ Vehicle Cost with Warranty 49,338.12$ Vehicle life 125,000 miles Equipment Costs (Lights; Push Bar; Etc.)20,000.00$ Equipment life 343,750 Component Per Mile Rate Annual Miles (Calculated)Costs Mileage Rate $0.652 303,484 197,992.65$ 197,992.65$ Vehicle Depreciation $0.395 303,484 119,786.45$ 119,786.45 Equipment Depreciation $0.058 303,484 17,657.22$ 17,657.22 335,436.32$ 178,502.65$ Town of Fountain Hills Maricopa County Sheriff's Office Law Enforcement Reimbursement Costs and Charges FY 2024 (July 1, 2023 through June 30, 2024) Part 5. One-Time Costs This section is reserved for cost reimbursement of replacement or new equipment items that have been identified as necessary for Law Enforcement Service delivery that are not otherwise funded in the Sheriff's operational budget. (Requires amendment.) Part 6. Indirect Cost Recovery Sub Total Supplies and Rent Sub Total Communications and IT Sub Total Vehicles and Equipment 28 MCSO Special Event Coverage Rates FY 2024 Staffing Hourly Rate Holiday Rate Deputy Sheriff 102.61$ 136.81$ Events Coordinator Captain 128.54$ 257.09$ Events Coordinator Lieutenant 102.92$ 205.87$ Supervisor/SGT. 128.23$ 170.96$ Resource/Equipment Per Event Day Additional K-9 150.00$ Detention Officer 100.00$ Mounted (Horses) 200.00$ Prisoner Transport 175.00$ Patrol Vehicle 50.00$ Town of Fountain Hills, Arizona Maricopa County Sheriff’s Office (MCSO) Contract Procedures for the Period July 1, 2016 through June 30, 2020 TOWN OF FOUNTAIN HILLS, ARIZONA TABLE OF CONTENTS CONTENTS PAGE Independent Accountant’s Report on Applying Agreed-Upon Procedures 1 Summary of Results 3 INDEPENDENT ACCOUNTANT’S REPORT ON APPLYING AGREED-UPON PROCEDURES Grady E. Miller, Town Manager We have performed the procedures enumerated below, which were agreed to by the management of Town of Fountain Hills, solely to assist management of the Town of Fountain Hills, Arizona (Town), in determining whether the Maricopa County Sheriff’s Office (MCSO) is charging appropriate amounts for staffing, overtime, vehicles, equipment, and other contractual services that were agreed to between the Town and MCSO. We have performed the procedures identified below for the fiscal years ended June 30, 2016, June 30, 2017, June 30, 2018, June 30, 2019, and June 30, 2020. The Town’s management is responsible for determining whether the contracted services provided by MCSO are provided. The Town of Fountain Hills, Arizona’s management has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of determining whether MCSO is charging appropriate amounts. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes. We have applied the following procedures: 1. Agree the components of the contract (Personnel, Supplies, Communication and IT, and Vehicles and Equipment) to supporting documentation provided by MCSO. 2. Review total actual costs incurred by all of MCSO District 7, of which the Town of Fountain Hills is a part, for the following items. The fiscal years performed is notated in parenthesis: Personnel (all years); Supplies, Communications and IT, and vehicles and equipment (June 30, 2018 through June 30, 2020). 3. Compare actual number of staffed Beats/FTE each month to contracted amounts during fiscal years ended June 30, 2016, June 30, 2017, June 30, 2018, June 30, 2019 and June 30, 2020. 4. Compare actual overtime costs for each month during fiscal years ended June 30, 2016, June 30, 2017, June 30, 2018, June 30, 2019 and June 30, 2020 to contracted amounts. This will only include overtime costs that were incurred by personnel that were required to extend their shifts due to unforeseen circumstances, such as accident or criminal investigations. It will not include covering shifts for other personnel on leave, contracted traffic control for construction/special events, or providing testimony in court. Page 1 5. Verify percentage of the aforementioned costs that were incurred for activity/calls within Fountain Hills versus the remaining MCSO District 7. The accompanying Summary of Results describes the items we noted. We were engaged by the Town of Fountain Hills, Arizona’s management to perform this agreed- upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on whether the contractual obligations between the Town and MCSO were met. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. We are required to be independent of the Town of Fountain Hills, Arizona and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed- upon procedures engagement. This report is intended solely for the information and use of the management of Town of Fountain Hills, Arizona, and is not intended to be and should not be used by anyone other than these specified parties. Heinfeld, Meech & Co., P.C. Scottsdale, Arizona July 14, 2022 Page 2 TOWN OF FOUNTAIN HILLS, ARIZONA SUMMARY OF RESULTS 1. Agreed the following components (Personnel, Supplies, Communications and IT, and vehicles and equipment) of the contract to supporting documentation provided by MCSO.  Completed for the fiscal year ended June 30, 2020 (FY 20), June 30, 2019 (FY 19), and June 30, 2018 (FY 18). 2. Reviewed actual costs incurred by all of MCSO District 7, of which the Town of Fountain Hills is a part, for the fiscal year for the following components: Personnel, Supplies, Communications and IT, and vehicles and equipment and noted the following:  Reviewed all components for the contract in place during FY 20, FY 19 and FY 18 and noted that they were properly supported.  Compared actual costs incurred versus contracted costs charged and noted the following (check mark indicates the area that had higher costs): Fiscal Year 2019-2020 Costs CATEGORY ACTUAL CONTRACT PERSONNEL  SUPPLIES  COMMUNICATION AND IT  VEHICLES AND EQUIPMENT  Fiscal Year 2018-2019 Costs CATEGORY ACTUAL CONTRACT PERSONNEL  SUPPLIES  COMMUNICATION AND IT  VEHICLES AND EQUIPMENT  Fiscal Year 2017-2018 Costs CATEGORY ACTUAL CONTRACT PERSONNEL  SUPPLIES  COMMUNICATION AND IT  VEHICLES AND EQUIPMENT  Fiscal Year 2016-2017 Costs CATEGORY ACTUAL CONTRACT PERSONNEL  Fiscal Year 2015-2016 Costs CATEGORY ACTUAL CONTRACT PERSONNEL  Page 3 TOWN OF FOUNTAIN HILLS, ARIZONA SUMMARY OF RESULTS 3. Compared actual number of staffed Beats/FTE each month to contracted amounts during fiscal years ended June 30, 2016, June 30, 2017, June 30, 2018, June 30, 2019 and June 30, 2020. This comparison is for all of District 7. Contracted figures include only full time equivalents for the Town and actual figures include all of District VII, which includes the Town and other surrounding areas. Contract Figures Actual (Monthly Average) Patrol Beat Deputies/19.00 School Resource Officer 1.00 Detectives 2.55 0.98 Sergeants 3.00 6.99 Lieutenants 1.25 1.33 Captain 0.75 0.92 Clerical/Admin Assistant 1.00 0.97 Law Enforcement Officer Field (5041)- 1.73 Law Enforcement Officer Field (5045)- 0.42 Total 28.55 30.28 Contract Figures Actual (Monthly Average) Patrol Beat Deputies/19.00 School Resource Officer 1.00 Detectives 2.55 1.00 Sergeants 3.00 5.87 Lieutenants 1.25 0.96 Captain 0.75 0.95 Clerical/Admin Assistant 1.00 0.97 Law Enforcement Officer Field (5041)- - Law Enforcement Officer Field (5045)- 0.35 Total 28.55 27.73 Contract Figures Actual (Monthly Average) Patrol Beat Deputies/19.00 School Resource Officer 1.00 Detectives 2.55 - Sergeants 3.00 6.63 Lieutenants 1.25 0.99 Captain 0.75 0.97 Clerical/Admin Assistant 1.00 0.99 Law Enforcement Officer Field (5041)- 0.04 Law Enforcement Officer Field (5045)- 0.38 Total 28.55 32.69 22.69 Fiscal Year 18-19 FTE Figures 17.63 Fiscal Year 17-18 FTE Figures Fiscal Year 2019-2020 FTE Figures 16.94 Page 4 TOWN OF FOUNTAIN HILLS, ARIZONA SUMMARY OF RESULTS Contract Figures Actual (Monthly Average) Patrol Beat Deputies/ 19.00 School Resource Officer 1.00 Detectives 2.55 - Sergeants 3.00 7.33 Lieutenants 1.25 1.00 Captain 0.75 0.97 Clerical/Admin Assistant 1.00 1.01 Total 28.55 32.25 Contract Figures Actual (Monthly Average) Patrol Beat Deputies/19.00 School Resource Officer 1.00 Detectives 3.03 - Sergeants 3.00 6.89 Lieutenants 1.22 0.83 Captain 0.77 1.00 Clerical/Admin Assistant 1.00 0.19 Total 29.02 30.74 Fiscal Year 16-17 FTE Figures 21.94 Fiscal Year 15-16 FTE Figures 21.83 Fiscal Year 2019-2020 FTE CATEGORY ACTUAL CONTRACT BUDGETED  Fiscal Year 2018-19 FTE CATEGORY ACTUAL CONTRACT BUDGETED  Fiscal Year 2017-2018 FTE CATEGORY ACTUAL CONTRACT BUDGETED  Page 5 TOWN OF FOUNTAIN HILLS, ARIZONA SUMMARY OF RESULTS 4. Compared actual overtime costs for each month during fiscal years ended June 30, 2016, June 30, 2017, June 30, 2018, June 30, 2019 and June 30, 2020 to contracted amounts. This included only overtime costs that were incurred by personnel who were required to extend their shifts due to unforeseen circumstances, such as accident or criminal investigations. It did not include covering shifts for other personnel on leave, contracted traffic control for construction/special events, or providing testimony in court.  Compared actual costs incurred versus contracted costs charged and noted the following:  Reviewed actual overtime costs for each month during the fiscal year. Unable to determine purpose of overtime during fiscal year, as that information could not be provided by the MCSO.  However, alternative procedures were developed. Reviewed shift logs to determine the number of instances a shift was covered by other individuals and provided an estimate of the number of hours covered by the other individuals. Additionally, the hourly rates for patrol beat deputies (law enforcement officers) and sergeants were utilized to estimate the cost of the hours covered. Since it was not possible to determine if the shifts resulted in overtime, regular pay rates were used. A range has been provided utilizing this approach since different positions were utilized. The reason for the shift coverages were not investigated. Fiscal Year 2019-2020 Costs CATEGORY ACTUAL CONTRACT OVERTIME  Fiscal Year 2018-2019 Costs CATEGORY ACTUAL CONTRACT OVERTIME  Fiscal Year 2017-2018 Costs CATEGORY ACTUAL CONTRACT OVERTIME  Fiscal Year 2016-17 Costs CATEGORY ACTUAL CONTRACT OVERTIME  Fiscal Year 2015-16 Costs CATEGORY ACTUAL CONTRACT OVERTIME  Page 6 TOWN OF FOUNTAIN HILLS, ARIZONA SUMMARY OF RESULTS   Instances of a shift being covered Estimated number of hours covered Estimated cost of shifts covered July 55 279 $8,546 - $11,523 August 21 191 $5,835 - $7,868 September 22 156 $4,778 - $6,443 October 74 672 $20,568 - $27,733 November 79 699 $21,410 - $28,869 December 68 515 $15,774 - $21,270 January 55 501 $15,346 - $20,691 February 56 453 $13,860 - $18,688 March 43 380 $11,639 - $15,694 April 33 229 $6,999 - $9,437 May 24 185 $5,667 - $7,641 June 55 454 $13,906 - $18,750 585 4,712 $144,329 - $194,606 Total for fiscal year 49 393 $12,027 - $16,217 Average per month Instances of a shift being covered Estimated number of hours covered Estimated cost of shifts covered July 33 308 $9,305 - $12,255 August 20 167 $5,030 - $6,625 September 29 288 $8,700 - $11,460 October 40 330 $9,969 - $13,131 November 37 328 $9,909 - $13,051 December 18 174 $5,257 - $6,923 January 21 162 $4,894 - $6,446 February 13 98 $2,961 - $3,899 March 27 264 $7,975 - $10,505 April 23 195 $5,891 - $7,759 May 35 287 $8,655 - $11,400 June 19 173 $5,226 - $6,884 315 2,773 $83,772 - $110,338 Total for fiscal year 26 231 $6,981 - $9,195 Average per month Fiscal Year 2019-20 Fiscal Year 2018-19 Page 7 TOWN OF FOUNTAIN HILLS, ARIZONA SUMMARY OF RESULTS Instances of a shift being covered Estimated number of hours covered Estimated cost of shifts covered July 18 158 $4,419 - $6,151 August 9 84 $2,349 - $3,270 September 16 163 $4,559 - $6,346 October 20 168 $4,699 - $6,540 November 12 106 $2,951 - $4,107 December 15 119 $3,314 - $4,613 January 9 60 $1,678 - $2,336 February 11 112 $3,133 - $4,360 March 20 196 $5,482 - $7,630 April 46 402 $11,244 - $15,650 May 30 300 $8,391 - $11,679 June 16 135 $3,762 - $5,236 222 2,002 $55,982 - $77,918 Total for fiscal year 19 167 $4,665 - $6,493 Average per month Instances of a shift being covered Estimated number of hours covered Estimated cost of shifts covered July 17 146 $4,085 - $5,650 August 7 53 $1,469 - $2,032 September 11 116 $3,246 - $4,489 October 19 166 $4,631 - $6,405 November 11 97 $2,714 - $3,754 December 18 148 $4,141 - $5,728 January 17 142 $3,973 - $5,495 February 7 68 $1,903 - $2,632 March 16 156 $4,365 - $6,037 April 14 154 $4,309 - $5,960 May 11 104 $2,910 - $4,025 June 15 132 $3,693 - $5,108 163 1,481 $41,438 - $57,315 Total for fiscal year 14 123 $3,453 - $4,776 Average per month Fiscal Year 2017-18 Fiscal Year 2016-17 Page 8 TOWN OF FOUNTAIN HILLS, ARIZONA SUMMARY OF RESULTS *August 2015 information unable to be provided 5. Verify percentage of the aforementioned costs that were incurred for activity/calls within Fountain Hills versus the remaining MCSO District 7.  Unable to perform procedures. This information could not be provided by the MCSO. Instances of a shift being covered Estimated number of hours covered Estimated cost of shifts covered July 5 60 $1,766 - $2,433 August* - - - September 3 36 $1,059 - $1,460 October 9 108 $3,178 - $4,379 November 7 84 $2,472 - $3,406 December 10 116 $3,414 - $4,704 January 12 139 $4,091 - $5,636 February 4 48 $1,413 - $1,946 March 13 156 $4,591 - $6,326 April 8 87 $2,546 - $3,508 May 1 12 $353 - $487 June 12 138 $4,061 - $5,596 84 984 $28,944 - $39,881 Total for fiscal year 8 89 $2,631 - $3,626 Average per month Fiscal Year 2015-16 Page 9 Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, ARIZONA November 10, 2022 Table of Contents Introduction and Executive Summary 1 Law Enforcement Services Assessment 6 Law Enforcement Contract Review 28 Alternative Services Delivery 38 Appendix – Fountain Hills Police Department Budget 47 Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 1 1. Introduction and Executive Summary The Matrix Consulting Group was engaged to perform a contract review of the Maricopa County Sheriff’s Office (MCSO) law enforcement contract with the Town of Fountain Hills with the intention of determining appropriate service levels, cost-effectiveness and alternative service delivery approaches. This chapter provides an Introduction and Executive Summary to the project and key findings, conclusions and recommendations. 1. Introduction to Project Scope The Fountain Hills Law Enforcement Feasibility and Financial Analysis study involved the following primary efforts. • Developed an understanding of current operations, costs and service levels. This effort was exacerbated based on difficulties in data collection from MCSO despite support from the locally assigned Captain. A town hall effort for community feedback was suspended as a consequence of these delays. • Developed issues and assumptions surrounding existing service levels and potential future service level options. This interim deliverable report was provided to Fountain Hills, and a supporting PowerPoint presentation made to Council to seek guidance. • Identified strengths and deficiencies in the existing contract language that can impact service levels, cost of service, contract management and related issue areas. • Developed alternative service delivery approaches to include change in existing contract services, alternative contracting, other in-house law enforcement options, etc. Costs associated with these options are provided. These key items reflect the scope of work for this project. 2. Executive Summary While there are several recommendations throughout the body of this report based on findings and conclusions that are included at the end of this chapter for reference, there are several notable issues and related findings that can be summarized. 1. Key Findings The following particularly relevant findings are noted from the contents of this report. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 2 • The town is a very safe community with 98% of its calls for service at the lower priority 2 and 3 levels. • Fountain Hills has very reasonable Patrol proactive time availability and exceptional response times, even with patrol staffing below contracted levels. • Deputies work a variety of self-initiated activities, largely related to traffic, but they have the capacity to expand this work. • Staffing drivers for deputies and detectives are currently not based on relevant workload requirements such as calls for service, proactive time, or caseload standards. • Fountain Hills is presently overstaffed based on current contract terms and conditions. • Minimum staffing set by the MCSO of three deputies on a shift is adequate (which is generally the current deployment), and is sufficient staffing (in concert with field sergeants) to respond to the vast majority of officer-safety situations, provide sufficient proactive time, and maintain exceptional response times. • The town has detective resources beyond their needs. Based on various investigative metrics and the analysis performed, two detectives are adequate. • MCSO has the ability to provide exceptional service at recommended staffing levels which are below the current contract, resulting in an estimated savings of $219,000 per annum. Current Contract Staffing Revised Contract Staffing Position Fountain Hills Captain 0.75 Lieutenant 1.25 Patrol Deputy 19 School Resource Ofcr. 1 Detective 2.55 Sergeants 3 Clerical / Admn. Assistant 1 Sub-Total 28.55 Dispatch (FTEs) 1.46 Total 30.01 Position Fountain Hills Captain 0.75 Lieutenant 1.50 Patrol Deputy 16 School Resource Ofcr. 1 Detective 2 Sergeants 4 Clerical / Admn. Assistant 1 Sub-Total 26.25 Dispatch (FTEs) 1.46 Total 27.71 • Beyond response time for Priority 1 calls, there are no performance expectations embedded in the contract. • The contract’s terms and conditions lack, in part, a conflict resolution process and penalties for non-performance. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 3 • The current invoicing process, in conjunction with lack of regular MCSO performance reporting, results in difficulties in contract administration and management, particularly with respect to financial compliance monitoring. 2. In-house PD Findings The Pro-forma budget for an in-house police department are shown in the table below. This includes “Year One” start-up costs. A comparison of the annual operational costs of an in-house Fountain Hills Police Department to the most recent MCSO FY 21/22 ($5,043,087) shows that the two operations would be cost-competitive on a per annum basis; indeed, the Fountain Hills PD operation, as designed, would save approximately $500K per year compared to the existing MCSO contract. There are, however, several important areas that must be considered when determining the total value of operating an in-house police department. These include, but are not limited to: • There are additional costs associated with the Fountain Hills PD estimated at $4.3 million dollars in start-up costs. This equates to a 9-year operational break-even point when compared to continued MCSO contracting. • If Fountain Hills elected to incorporate MCSO staff changes recommended in this report, potential annual Fountain Hills PD savings would be less than $300K annually compared to the MCSO contract, extending the break-even point to 14- years. • The staffing contingent, particularly in Patrol, in a Fountain Hills PD is less than the current MCSO contracted staffing levels. If staffing levels were equivalent, the Summary of Projected Costs Cost Type Projected Costs General Personnel Subtotal $2,076,205.00 Retirement Costs Subtotal $404,859.98 Benefits and Incentives Subtotal $823,009.74 Overtime Costs Subtotal $201,414.73 Sworn Equipment Initial Investment Subtotal $129,925.00 Sworn Equipment Annual Operating Cost Subtotal $10,255.00 Vehicle Initial Investment Subtotal $1,750,086.00 Vehicle Annual Operating Cost Subtotal $182,501.37 Supplies Cost Subtotal $223,088.64 External Contract Cost Subtotal $347,827.41 Worker's Compensation and/or Risk Insurance Subtotal $244,089.64 Other Start-up Costs $2,414,029.00 Total Projected Year 1 Cost $8,807,291.50 Projected Yearly Operating Costs $4,513,251.50 Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 4 annual operating costs of the Fountain Hills PD would be $5 million per annum -- nearly the same as the MCSO contract -- with a $4.6 million start-up cost. • Qualitative benefits of operating an in-house police department, such as further local control, community branding, etc. need to be juxtaposed against costs and additional risk. While risk insurance is included in the Pro-forma budget model, this does not mitigate potential litigation that would not be covered by such insurance. • It is assumed the MCSO would provide, through mutual aid, specialized support on a pro-bona basis. This would include the rare use of helicopter services, homicide crime scene investigation, accident reconstruction, etc. that typically would be beyond the capabilities of a small police department. In summary, the totality of information suggests that an in-house police department for Fountain Hills, given the town’s safety, exceptional response time from the Sheriff, and likely net limited additional value of local control, supports retaining the MCSO contract; particularly, if recommendations made in this report are implemented. 2. Summary of Recommendations The following table provides a comprehensive list of all the recommendations made in the report. A review of each chapter provides context for the recommendations. Law Enforcement Services Assessment Continue to staff on the 12-hour (or similar) shift schedule with 3 patrol deputies deployed to Day and 3 deployed to Night shift. This is generally consistent with current Fountain Hills deployment practices. Maintain minimum patrol staffing levels of 3 deputies per shift. Assign and deploy 1 patrol sergeant to each shift. Assign and deploy 1 lieutenant to Night Shift and 1 lieutenant to Day Shift in a watch commander capacity. This facilitates managerial presence on all shifts. Continue to staff 1 Captain position acting in a “Chief” capacity. In the event of absenteeism, ensure that one supervisor/manager position (Captain, Lieutenant, Sergeant) is always available to include overtime to facilitate this oversight. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 5 Based on caseload metrics, reduce investigative staffing assigned to Fountain Hills from 2.55 staff to 2.0 detective staff. To facilitate enhanced investigative workload accountability, directly assign 2 dedicated detectives to Fountain Hills located at the Fountain Hills sub-station. Provide quarterly detective case management information to Fountain Hills, to include cases assigned by type and case clearance information. Maintain existing support service staffing allocations for School Resource Officer, administrative support and 911 dispatch staffing allocation. Law Enforcement Contract Review Address key MCSO contract issues identified in the Contract Review Checklist to include a dispute resolution process and penalties for non-performance. Develop additional contract performance metrics beyond patrol response time, to possibly include targets for traffic warnings and citation, positive citizen contacts, minimum investigative case clearance, etc. The MCSO should report quarterly upon contract performance metrics to help identify issues early and devise potential resolutions. MCSO should develop a more comprehensive monthly invoice allowing Fountain Hills to perform more effective financial monitoring of Sheriff charges. This should help resolve potential future contract overcharge issues. Use accurate methodologies for charging MCSO services, including charging for the appropriate number of staff (e.g., increasing field sergeants), charging for the appropriate number of baseline annual work hours (2,190 vs. 2,088) based on patrol shift schedules, and using net annual work hours to accurately determine a patrol post. Eliminate the use of beats to develop a patrol and detective staffing plan for Fountain Hills. Use agreed upon workload metrics for baseline staffing such as proactive time, caseloads and other approaches discussed in this report. Alternative Law Enforcement Delivery Fountain Hills should retain MCSO contracted law enforcement services, particularly if other recommendations made in this report are implemented. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 6 2. Law Enforcement Services Assessment The following chapter provides an overview of the law enforcement environment and the services currently provided to the Town of Fountain Hills. Fountain Hills is a safe, largely retirement community of 23,820 within 20.4 square miles. According to major crime data illustrated in the graphic below, only 1.2 “major crimes” occur, on average, in Fountain Hills daily. As a result, Fountain Hills is rated as one of the two safest residential communities in Maricopa County. 1. Law Enforcement Contracted and Assigned Personnel Fountain Hills, currently occupies the majority of Maricopa County Sheriff’s Office (MCSO) District 7. The district is also responsible for law enforcement services to the unincorporated areas of Scottsdale, Rio Verde, Tonto Verde, Trilogy at Verde River and Goldfield Ranch. In effect, District 7 is divided into a four-beat patrol structure of which Fountain Hills “occupies” 3.8 beats (for contractual purposes). District 7 staff operate out of the Fountain Hills sub-station owned by Fountain Hills. There is no distinction between staff assigned exclusively to Fountain Hills versus the remainder of District 7. As a 101 0 26 2 24 72 204 0 50 100 150 200 250 Assault Homicide Sex Violation Robbery Veh. Theft Burglary Theft 2020 Fountain Hills Major Crime Incidents Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 7 consequence, the table below reflects the staffing allocation currently present and providing law enforcement services to Fountain Hills as of May 6, 2022. District 7 Current Law Enforcement Positions (FY 21/22) Position Fountain Hills Sub- station Captain 1 Lieutenant 1 Patrol Deputy 13 School Resource Ofcr. 1 Admn. Deputy 1 Deputy Service Aides (DSA) 1 Patrol Sergeants 4 Admn. Sergeant 2 Clerical/Admn. Assistant 1 Sub-Total 25 Dispatch FTEs 1.46 Detective FTEs 2.55 Total 29.01 The staff assignments noted above can be compared to the contractual requirements of MCSO’s services to the Town of Fountain Hills. The following table displays the number of personnel identified contractually to provide Fountain Hills law enforcement services. These staff are outlined in Amendment 1 of the contract in Worksheet Exhibit A. Contracted Law Enforcement Positions (FY 21/22) Position Fountain Hills Captain 0.75 Lieutenant 1.25 Patrol Deputy 19 School Resource Ofcr. 1 Detective 2.55 Sergeants 3 Clerical/Admn. Assistant 1 Sub-Total 28.55 Dispatch (FTEs) 1.46 Total 30.01 Contract charges, levied monthly, are based on this staffing deployment allocation. This staffing allocation is very different, however, from recent deployment strategies. Significantly, MCSO has been unable to staff key patrol deputy positions at District 7 and Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 8 thus the average patrol deputy availability to the Town of Fountain Hills has averaged 13 deputies as opposed to the contractually obligated 19 patrol deputies. The impact of this notable staffing reduction in comparison to contracted requirements will be discussed in subsequent sections. 2. Fountain Hills Patrol Services Patrol services are primarily delivered by Patrol Deputies. They are periodically supported by other units’ staff such as sergeants and School Resource Officer (SRO) personnel, as needed. Patrol services is the core business of law enforcement service provision and thus should be staffed appropriately to provide essential levels of service to the community. 1. Factors Driving Patrol Staffing Levels Significant factors for policy makers to consider when determining patrol staffing levels include, but are not limited to, the following: • The number and types of calls for service generated by the Town citizens. • The type and frequency of deputy-initiated activity to be performed (e.g. business walk). • The type, severity and volume of crime in a community. • The ability of the law enforcement agency to meet response time goals to calls for service and solve crime. • The desired level of law enforcement involvement in providing non-traditional police services such as neighborhood problem solving, graffiti removal, community meetings and events and teaching/role modeling in the schools. • Providing for basic officer safety and risk management of a patrol force. In some police agencies, primarily smaller ones, the desired level of proactive time may not be the primary measure to determine the minimum number of patrol officer positions needed. It may be driven by officer safety concerns and the need to provide reasonable community coverage 24 hours a day, seven days a week. The Matrix Consulting Group uses an analytical approach to determine the staffing level required in a community such as Fountain Hills. The approach is characterized by several key factors that provide the basis for objective evaluation of a patrol force: Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 9 • Staffing should be examined based on the ability of current staff to handle the calls for service generated by the community (and the related work such as report writing and processing arrestees); as well as providing sufficient time for proactive activities such as directed patrol, traffic enforcement and addressing on-going issues/problems in a neighborhood. • Staffing is dependent on the time officers are actually available (net average work hours – NAWH) to perform the work required of the patrol function. • The number of patrol staff deployed should be the result of policymakers (Town leaders) selecting a level of policing that is desired by the community while considering officer-safety requirements. Establishing a targeted average level of proactive or uncommitted time is an effective method to determine the policing level that will be provided and also gives guidance to law enforcement leadership regarding expectations. • The analysis used does not include the utilization of ratios such as officers per thousand residents because it does not account for the unique characteristics of communities (e.g., demographics, workload, unique community needs, deployment). Although these ratios are interesting for comparative purposes, they do not provide a comprehensive measure of staffing needs for a specific community, nor should policymakers use them as a basis to make decisions regarding patrol staffing. The project team’s approach is supported by the International Association of Chiefs of Police (IACP) that views officer per thousand ratios as “totally inappropriate as a basis for staffing decisions”1. • The project team also does not assign deputy staffing based on arbitrary (or even sophisticated) beat structures as a geographic-based staff deployment model does not account for the numerous workload variables impacting deputy staffing requirements. These key factors are the primary drivers in determining the size and adequacy of a patrol force, and are used as the framing guidelines for future staffing recommendations noted in this report. 2. Calls for Service Workload Information Community-generated Calls for service (CFS) are one of the primary drivers of Patrol workload resulting in important service metrics such as proactive time and response 1 International Association of Chiefs of Police, Patrol Staffing and Deployment Study, 2004, document 7218. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 10 time. These factors are fundamental in determining a Patrol staffing contingent, as CFS often reflect the bulk of workload in a law enforcement agency. Patrol Deputies are the primary responding units to the vast majority of calls for service. The following tables shows community-generated CFS distribution tables for the Town of Fountain Hills for a one-year period. Calls for Service by Hour and Weekday (2021) Hour Sun Mon Tue Wed Thu Fri Sat Total 12a 19 8 10 15 10 13 15 90 1am 13 10 5 7 13 14 15 77 2am 9 5 9 15 8 17 10 73 3am 15 6 7 8 6 10 7 59 4am 9 4 7 6 9 12 8 55 5am 11 15 9 15 15 8 9 82 6am 10 18 14 15 7 17 13 94 7am 18 22 25 16 28 25 21 155 8am 29 36 24 26 25 28 23 191 9am 35 35 27 27 33 36 34 227 10am 43 37 45 44 32 51 27 279 11am 36 35 31 26 48 40 40 256 12pm 35 39 34 34 34 29 32 237 1pm 39 33 35 39 24 47 34 251 2pm 33 33 33 40 39 41 31 250 3pm 27 27 35 35 31 38 24 217 4pm 30 33 38 25 30 35 37 228 5pm 35 39 32 43 37 54 37 277 6pm 32 39 34 37 33 31 42 248 7pm 36 35 38 26 32 35 41 243 8pm 29 29 37 22 29 30 33 209 9pm 34 18 22 22 29 42 35 202 10pm 26 18 25 26 25 32 34 186 11pm 23 13 19 24 12 21 26 138 Total 626 587 595 593 589 706 628 4,324 The 4,324 CFS are reflective of calendar 2021 workload; they are those responses initiated by the community and do not reflect deputy-initiated activities (such as a traffic stop). As noted by the color-coding, CFS are heavier from the late morning to early evening with the most frequent activity occurring in this time period on Friday. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 11 The following graphic and table portrays calls in a comparative fashion. Calls for Service by Hour Calls for Service by Month Month # of CFS Seasonal +/- Jan 345 -1.4% Feb 340 Mar 381 Apr 374 -1.9% May 358 Jun 329 Jul 392 +7.8% Aug 412 Sep 361 Oct 377 -4.5% Nov 320 Dec 335 Total 4,324 The following observations can be made with respect to calls for service in the Town of Fountain Hills. • Fountain Hills has 0.18 calls for service per community member. This would be lower if incorporating seasonal residents. This CFS ratio is very low compared to most towns/cities nationally. • Interestingly, CFS peak in the summer period compared to the other 3 seasons. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 12 • The pattern of calls for service by hour of day also shows that CFS peak at 10am and 5pm. This is different than some communities where CFS rise from the early afternoon through the evening. Finally, the CFS workload can be graphed to show how calls for service fluctuate on a day-to-day basis compared to the average day. The following bar-chart shows this information. Number of Days Above or Below Average Workload The data shows that CFS workload can fluctuate somewhat dramatically. There are approximately the equivalent of 2 ½ months (74 days) where CFS on any given day is 20% below average while nearly a full month’s of time (31 days) where CFS is 40% above average. Notably, only 113 days of CFS are +/- within 10% average workload. Additional calls for service data is informative with respect to the top 10 CFS types. The graphic below portrays this information with the shading by time reflecting when such calls are likely to occur and the handling time (HT) in average minutes. Handling time is that period from when the call is dispatched to the patrol unit until it completes the call and departs the scene. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 13 Fountain Hills Top-10 Incident Types Incident Type # CFS HT 12a 4a 8a 12p 4p 8p WELFARE CHECK 727 32.6 FALSE BURGLAR ALARM 530 20.2 MOTORIST ASSIST 227 37.7 SUSPICIOUS ACTIVITY 160 38.5 VEHICLE CRASH NO INJ 146 72.1 LOUD NEIGHBORS DIST 140 22.6 SUSPICIOUS PERSON 131 23.8 TRAFFIC HAZARD 126 25.9 FOLLOW UP 124 46.5 ASSIST OTHER AGENCY 119 29.2 All Other Types 1,894 63.6 Total 4,324 46.0 As shown by the information portrayed, none of the top-10 CFS are related to major (or even minor) criminal events. Indeed, 3 of 10 are related to vehicular/traffic incidents. The #1 CFS is checking on the welfare of a resident. The calls for service information is a key factor in determining patrol staffing requirements, largely driven by a calculation of proactive time discussed below. 3. Proactive Time Proactive time is a major patrol metrics that should be ultimately used as primary drivers in patrol staffing levels. Proactive time is the amount of “uncommitted” time a Patrol Deputy has after responding to calls for service discussed above and related activities to include: • Calls for service administration (reports, jail runs, etc.). • Calls for service back-up (additional deputies on-scene). Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 14 • Administrative workload (shift briefing, vehicle fueling, meeting). • Meal and rest breaks. Significant literature exists regarding the appropriate level of proactive time for a police agency. Proactive time calculations, for staffing purposes, is supported by the International Association of Chiefs of Police. Increasingly, law enforcement agencies have come to the realization that the most important test of effectiveness in field services is the amount of proactivity and how it is utilized to support the community in problem- solving. For high service level residential communities, proactive capabilities need to represent at least 40% – 50% of available time. A maximum of 60% (to facilitate response time and officer safety) has been analytically supportable, but this typically is in rural environments with long travel distances or small police departments with minimal field staff that don’t have the capability to respond well to multiple concurrent calls. Proactive time is calculated based on average net-annual work hours (NAWH) available to each deputy in a year to perform their duties. This is then compared to the average amount of time it takes to handle a call for service. Once total time required to handle all calls is calculated, and the total available time of assigned patrol deputies is determined, proactive time can be developed. Based on the call for service and officer availability data, the following discussion builds the analysis of field proactive time based on the following formula: Total Net Available Hours – Total CFS Workload Hours Total Net Available Hours = % Proactivity The following tables show baseline information used to calculate proactive time. In the absence of actual data provided by MCSO for certain categories (e.g. report writing) estimates based on our law enforcement experience are used. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 15 Summary of Patrol CFS Workload Factors Total Calls for Service 4,324 55% Avg. Primary Unit Handling Time 46.0 min. Backup Units Per CFS 0.65 27% Avg. Backup Unit Handling Time 34.5 min. Reports Written Per CFS 0.34 18% Time Per Report 45.0 min. Avg. Workload Per Call 83.7 min. Total Workload 6,033 hrs. The above table shows that annual 2021 CFS workload required an estimated 6,033 hours of work. The table below shows the availability of the Deputy workforce (as of May 2022) in hours per year. These 2 factors are used to calculate proactivity. Breakdown of Unit Availability2 Base Annual Work Hours 2,292 Total Leave Hours − 246 On-Duty Training Hours − 60 On-Duty Court Time Hours − 20 Administrative Hours − 242 Net Available Hours Per Officer = 1,724 Number of Officer Positions × 13 Total Net Available Hours = 22,413 2 MCSO deploys uncommon work schedules whereby on 2 shifts staff work approximately 13.5 hours daily (40 hours weekly) and 2 shifts work 12 hours daily over 4 days (48 hours weekly). This results in an average availability of 2,292 hours available compared to the more common 2,088 hours or 2,190 (for 12-hour shift programs). Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 16 Fountain Hills Proactivity by Hour and Weekday As shown by the proactive time table, average proactive time is 73% and fluctuates throughout the week based on CFS and staffing patterns. While there are a few time blocks in which proactive time suffers a notable reduction (10am – 2pm). In summary, and a critical finding, more than sufficient proactive time is available even at reduced deputy staffing levels of 13 personnel compared to contracted staffing levels of 19 deputies. 4. Response Time to Calls for Service Response time is the rapidity in which a CFS is responded to by the public safety agency. It represents the receipt of call in 911 Dispatch to arrival of the unit on scene. Generally, the faster the response time the better perceived customer service, particularly with respect to high priority calls (e.g., burglary in progress). Response time characteristics are typically shown by priority of the call for service, with Priority 1 being the highest and requiring “rapid” law enforcement deployment whereas Priority 3 is the lowest priority (with regard to the MCSO dispatch system) calls. The following graphic shows response time (RT) by priority. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 17 Priority Levels Response Times The response time metrics are impressive for all priorities, and with respect to Priority 1 calls particularly impressive as they also meet the contractual obligation of Priority 1 responses in 5 minutes or less3. Importantly, these response times are reflective of appropriate deputy availability, sufficient proactive time, and are an illustration of the response time capabilities of the MCSO even well below 19 contracted deputy positions. 5. Deputy-initiated Activity Deputy-initiated, or commonly referred to as self-initiated activity, are those events executed proactively by deputies during their proactive time. This can include a wide variety of activities ranging from traffic stops, to pedestrian assistance, to business walks, etc. How deputies use proactive time is critically important with respect to law enforcement service delivery. The following bar charts, compare the frequency of self- initiated activity by hour, with calls for service workload by hour. 3 2012-17 MCSO / Fountain Hills Intergovernmental Agreement for Law Enforcement Services, pg. 9, Section II B(2). Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 18 Self-Initiated Frequency by Hour Calls for Service (CFS) Frequency by Hour The following tables, in similar format to calls for service data previously provided, serve to demonstrate workload related to self-initiated activity. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 19 Self-Initiated Incidents by Hour Hour Sun Mon Tue Wed Thu Fri Sat Total 12am 9 8 24 44 36 31 4 156 1am 10 8 29 23 25 33 5 133 2am 1 4 23 30 34 42 10 144 3am 8 7 16 44 25 30 9 139 4am 3 2 11 25 22 19 4 86 5am 3 4 6 15 10 5 3 46 6am 13 6 20 18 20 11 17 105 7am 17 33 61 47 66 38 18 280 8am 20 47 68 67 61 48 26 337 9am 24 40 59 61 47 43 17 291 10am 16 28 58 52 39 25 8 226 11am 16 27 33 59 37 28 13 213 12pm 15 30 41 52 44 22 12 216 1pm 15 29 45 41 41 13 9 193 2pm 17 31 40 49 36 20 16 209 3pm 10 20 17 42 35 50 14 188 4pm 13 22 14 38 38 48 13 186 5pm 4 11 10 28 32 19 7 111 6pm 17 24 30 23 25 22 10 151 7pm 17 33 20 27 31 21 13 162 8pm 19 28 22 36 42 21 25 193 9pm 12 30 21 31 28 12 15 149 10pm 13 27 19 29 41 9 6 144 11pm 12 21 36 35 39 7 5 155 Total 304 520 723 916 854 617 279 4,213 Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 20 Fountain Hills Top-10 Self-Initiated Incident Types Incident Type # SI HT 12a 4a 8a 12p 4p 8p PATROL/VACATION WATCH 1,871 42.4 TRAFFIC VIOLATION 852 13.0 FOLLOW UP 472 46.9 SCHOOL PROGRAMS 245 136. 9 TRAFFIC CONTROL 220 28.5 MOTORIST ASSIST 111 30.7 WELFARE CHECK 74 34.9 SPEEDERS 31 39.6 FOUND PROPERTY 31 45.3 SUSPICIOUS ACTIVITY 27 41.5 All Other Types 279 64.0 Total 4,213 42.7 The following points are made with respect to Fountain Hills deputy self-initiated activity. • Whereas this data reflects computer-aided dispatch (CAD) information recorded on self-initiated activity, it may marginally under-represent workload (though all activities should be recorded for officer-safety purposes). By example the number of citations and warning written in 2021 was 2,1674. This is notably higher than those traffic-related activities noted in the above table. Moreover, this workload is below the 6,289 self-initiated activities reported in 20205, • Vacation watch activities represent the plurality of self-initiated efforts, at nearly 1,900 events in 2021. 4 931 warnings and 1,236 citations. 5 2020 Annual Report for Fountain Hills document. It should be noted that since 2018 self-initiated activity has suffered a continual decline. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 21 • Traffic violations, traffic control, citizen vehicle assists and speeders illustrate that 4 of the top 10 self-initiated efforts are related to traffic activities. • Self-initiated activity peaks in the 7am – 9am timeframe just before the peak in calls for service workload. In sum, self-initiated activity is high even at some of the highest calls for service levels, illustrating patrol staffing levels capable of performing both types of work. • At 4,213 self-initiated events, this averages 11.5 activities a day or about 1 self- initiated activity for the entire patrol force every 2 hours. As illustrated, however, self-initiated activity is far more prevalent in the morning compared to the rest of the day. Using 2020 data, self-initiated activity was one activity approximately every 1 ½ hours. In summary, deputies not only focus their proactive time efforts on vacation watch and traffic-related activities, but also engage in work related to follow-up (on prior calls, on casework, etc.) and school-related efforts. In sum, however, there is more than sufficient proactive time to conduct additional proactive work, as needed. 6. Patrol-Related Conclusions The proactive, response time and deputy self-initiated data suggest that Fountain Hills: • Has more than reasonable proactive time and exceptional response times irrespective of priority, even at patrol staffing below contracted levels. • Is a very safe community with 98% of calls for service at the lower priority 2 and 3 levels. • Works a variety of self-initiated activities, largely related to traffic, that has the capacity to be expanded upon. • Is provided exceptional service levels that still have opportunity for expansion even at staffing below contracted personnel. Indeed, the entirety of patrol-related data brings important issues to bear that need resolution for consideration of alternative law enforcement service delivery. 7. Determining Fountain Hills Patrol Staffing Levels One of the fundamental decisions that drive both staffing levels and the use of staff is the desire for a certain level of proactive time. In safe less busy communities such as Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 22 Fountain Hills, workloads cannot be the only influencer as deputy-safety factors must be considered. As previously noted, proactive time targets are typically set at 45%-50% for urban areas with 60% targets potentially used in large geographic rural areas. The proactive targets ultimately result in staffing levels required to meet them. At 73% average proactive time, Fountain Hills has more than adequate resources now to meet law enforcement needs. Yet, despite this level of proactive time, which is extremely high compared to most agencies that Matrix Consulting has worked with, some communities demand such service levels in order to use the available proactive time for various initiatives. Indeed, during a September Council meeting in which preliminary results were discussed, some members of Council believed that the contracted level of 4 patrol deputies was desirable regardless of service levels currently being provided. Given Fountain Hill’s call types and limited call workloads, while there is potential to replace some deputy staffing with civilian field support (e.g. equivalent of a Community Service Officer position), this would carry some additional (though modest) risk, to personnel in the field. Moreover, it is very unlikely the MCSO would accommodate this staffing model given potential deputy-safety issues. Importantly, higher levels of proactive time may be necessary for deputy-safety purposes than what is justified by workloads alone. Given Fountain Hills does not have a small footprint geographically (it is over 20 square miles), rapid response times are demanded by the community, and deputy-safety must be accounted for, staffing below 3 patrol deputies is not recommended irrespective of proactive time availability. Issue areas noted thus far in this chapter result in the following overarching conclusions: • Minimum staffing set by the MCSO of three deputies on a shift is adequate (which is generally the current deployment), and is sufficient staffing (in concert with field sergeants) to respond to the vast majority of officer-safety situations, provide sufficient proactive time, and maintain exceptional response times. • The various initiatives selected to be conducted during proactive time can (and should) be very specific. These range from traffic enforcement and citations/warnings to business checks, etc. Currently, Fountain Hills deputies are underutilizing available proactive time. Similar to the MCSO developed target for Priority 1 CFS response time, performance metrics should be developed for use of proactive time (e.g. traffic enforcement as reflected by citations/warnings). Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 23 • Despite significant amounts of proactive time availability at the minimum staffing level of 3 patrol deputies, Fountain Hills should not drop below 3 deputies per shift irrespective of proactive time metrics in order to address potential deputy-safety issues. Based on findings and conclusions, the following recommendations are made. Recommendations: Continue to staff the 12-hour (or similar) shift schedule with 3 patrol deputies deployed to Day and 3 deployed to Night shift. This is generally consistent with current Fountain Hills deployment practices. Maintain minimum patrol staffing levels of 3 deputies per shift. Assign and deploy 1 patrol sergeant to each shift. Assign and deploy 1 lieutenant to Night Shift and 1 lieutenant to Day Shift in a watch commander capacity. This facilitates managerial presence on all shifts. Continue to staff 1 Captain position acting in a “Chief” capacity. In the event of absenteeism, ensure one supervisor/manager position (Captain, Lieutenant, Sergeant) is always available each shift to include expenditure of overtime to facilitate this oversight. 3. Fountain Hills Investigative Services Under the current contract with MCSO, Detectives (Investigators) are ‘supporting’ positions and not directly assigned to Fountain Hills sub-station. Similar to Patrol whereby proactive time, NAWH, and officer safety are key factors in determining staffing, so should detective staffing be driven by workload metrics. This is reflected by caseloads undertaken by the detective contingent. Caseloads represents those cases assigned to a detective for review and potential follow-up. Cases can range from minor misdemeanors to complex felony cases. There are some data restrictions with respect to detective workload metrics and as a result a thorough analysis of staffing cannot be performed. Nevertheless, there is relevant information available that can provide important indicators with respect to detective staffing needs for Fountain Hills. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 24 While MCSO was able to provide caseloads for Fountain Hills, they did not provide caseload by type of case. This restricts analyses capability. Furthermore, there is no data available from the FBI Uniform Crime Report specifically for Fountain Hills describing the key person and property crime categories and crime clearance rates, yet other internal MCSO reporting is available that helps facilitate basic analysis. 1. Investigations Caseload Information With respect to caseloads, the following graphs show caseload data for the Fountain Hills detectives for calendar year 2020 and 2021. There is a notable difference in caseloads between 2020 and 2021 that cannot be explained well as a consequence of Covid-19 or other factors. Notably, Fountain Hills was charged for the same number of detectives regardless of this important workload change. In sum, caseloads average 208 cases per year for the 2.55 detective positions. This metric will be used to help determine the necessity of existing detective staffing levels. Of some value is the data reported in the 2020 MCSO Annual Report to Fountain Hills (the most recent). The following graph shows those key person and property crimes by type of offense for the last 3 years. 277 139 0 50 100 150 200 250 300 2020 2021 2020/21 Detective Caseload Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 25 Summing the highest crime incident by type for the last 3 years results in a potential caseload for review of 522 cases in a year or approximately 1.4 cases a day. This excludes, however, minor crime types that might be investigated as a matter of policy. Regardless, this provides a baseline of possible work, as opposed to actually assigned work, for the detective staff. 2. Investigations Workload Calculations In brief, detectives can only be expected to handle a certain number of cases monthly to be effective investigators. Caseloads that exceed certain standards will result in less thorough work due to time constraints, while caseloads below benchmarks are indicative of potential overstaffing issues. The core workload of a detective is to review cases assigned and determine if the case is active based on solvability, or is read for information purposes and not aggressively investigated. Generally, nearly all person crimes (homicide, robbery, assault) are worked, while only 20% of property crimes have sufficient evidence to be classified as active and investigated beyond a cursory review of the crime report. Based on the available data shown above, and in the context of the above explanation, the following Fountain Hills detective workload table is shown: 234 118 3 34 4 103 26 0 50 100 150 200 250 Theft Burglary Veh. Theft Robbery Sex Violation Homicide Assault 2018-20 Fountain Hills Major Crime Incidents 2018 2019 2020 Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 26 Calculated Monthly Casework for Each Fountain Hills Detective6 Position 2-yr Avg. Cases Assigned Highest 3- yr Avg Cases Reviewed Potential 3- yr Avg Cases Assigned Annual Cases 208 522 220 Monthly Cases 6.8 17.1 7.2 In summary, based on the analysis, a Fountain Hills detective potentially reviews an average of 17.1 cases per month (about 1 per workday) and activates between 6.8 and 7.2 cases monthly for follow-up investigation. The following points are noted. • The detective contingent generally required to investigate these various person and property crimes would carry a “generalist detective” caseload. Our investigative analysis suggest that one detective can carry an average generalist caseload of 9-12 cases per month or 108 to 144 cases per year. Based on these metrics, Fountain Hills would need less than two detectives, on average, to conduct such investigative work. • Detectives should be assigned “workable” cases based on relevant leads. These become “active” cases. By example, juxtaposing 2020 caseload (277 cases) versus reported major crimes (429) shows a potential caseload metric of 65% of those case types worked (277/429). While other misdemeanor case types may have been assigned and included in the 277 figure, this calculated proportion of workable cases related to major crimes is very likely over emphasized with respect to case solvability. As discussed above, typically only 20% of property crimes are active. In summary, in 2020 many of the 277 cases assigned likely had very limited ability to be solved and did not need to be assigned. This would then result in less detective staffing needs for Fountain Hills. This observation is particularly relevant when showing case workload metrics of 139 cases in 2021. In sum, detective workloads based on a variety of analytical approaches do not warrant the existing detective staffing levels charged to the Fountain Hills contract. 3. Investigations-Related Conclusions The investigative-related data for the Town suggest that Fountain Hills: 6 Calculations: 2-yr assigned- (277+139)/2(/12)/2.55=6.8. 3-yr reviewed- 522/12/2.55=17.1. 3-yr potential assigned- 20% of property crimes assigned + 100% person crimes assigned = 220; 220/12/2.55=7.2. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 27 • Is charged for 2.55 detectives irrespective of changes in annual workload. • Does not receive comprehensive case management data from MCSO to include cases assigned by type, case clearance, and other important data elements to help determine detective staffing needs. • Has detective resources beyond need based on various investigative metrics and the analysis performed. Based on findings and conclusions, the following recommendations are made. Recommendations: Based on caseload metrics, reduce investigative staffing assigned to Fountain Hills from 2.55 staff to 2.0 detective staff. To facilitate enhanced investigative workload accountability, directly assign 2 dedicated detectives to Fountain Hills located at the Fountain Hills sub-station. Provide quarterly detective case management information to Fountain Hills, to include cases assigned by type and case clearance information. 4. Fountain Hills Support Services In addition to the key patrol and investigative personnel that Fountain Hills contracts with MCSO for, there are important support positions that are also necessary. These include: • A School Resource Officer (SRO Deputy) assigned to Fountain Hills School District. • A supporting administrative/clerical position. • 1.92 dispatcher full-time equivalents (FTEs) charged as an overhead. An assessment of these positions and related costs indicate they are reasonable. If a higher service level is desired, one additional SRO position could be added so that one position would be assigned at the High School and one at the Middle School; however, given the very safe nature of the community and the consistently high rankings of the School District, this is not necessary unless the Town wishes “best-in-class” services. Recommendation: Maintain existing support service staffing allocations for School Resource Officer, administrative support and 911 dispatch staffing allocation. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 28 3. Law Enforcement Contract Review There are several contract-related issues surrounding Fountain Hills law enforcement service delivery. These range from the existing terms and conditions of the contract, to potential modifications in fee charging, contract management, strategy behind the development of staffing levels, etc. The following chapter addresses these various issues. 1. Introduction The MCSO contract with Fountain Hills forms the linchpin for law enforcement service delivery in the Town. As such, there are multiple elements within, and associated with the contract, that are relevant with respect to determining the delivery of efficient and effective law enforcement service delivery. While the members of the project team are not legal experts and will defer to the Town’s Attorney in matters of legal advice, the contents of contract has been reviewed and summarized for important areas where they influence the ability to oversee and deliver contract services consistent with best practices in contract administration and management. This chapter will focus on different contract-related issue areas to include: • Contract assessment of Terms and Conditions. • Contract assessment outcomes including: - Contract Review Check-List; - Best Practices Review for Contract Administration; - Best Practices Review in Contract Management; • Other key contract-related shortcomings. 2. Contract Terms and Conditions Checklist Based on a variety of sources, the project team has devised a ‘Contract Review Checklist’ for professional and service-based contracts to provide a foundation for further contract review. Those items that are classified as ‘No’ particularly should be further evaluated by the Town of Fountain Hills’ legal team in order to determine if such terms and conditions are necessary in any future law enforcement contract. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 29 Contract Review Checklist Of the elements noted in the checklist, seven (7) were classified as “No,” and thus should be subject to further legal review for possible inclusion in future contract documentation. This, however, does not preclude further assessment for those items marked “Yes.” In effect, this checklist serves as a primer for further investigation into the terms and conditions of the MCSO/Fountain Hills contract. Yes No N/A Contract Element Notes √ Contracting parties are correctly identified? Preamble √ Contract is signed? Sig. Lines √ All contract signatures are dated? Sig. Lines √ Term of contract is specified/dated? Sec. I.C √ Multi-year contract has a funding out clause on a fiscal year basis? Sec. I.D √ Contract has an “auto-renew” provision? Sec. I.D √ Venue is accurately listed as Fountain Hills, Arizona? Sec. I.A √ Governing Law is the State of Arizona? Sec.I.J.5 √ Amendments, if any, must be in writing and agreed to by both parties? Sec. I.E √ Dispute resolution is mediation? √ Dispute resolution is arbitration? √ Non-Performance financial penalties are articulated? √ Termination clause has a “with or without cause” provision? Sec. I.F.1 √ Indemnification clause is worded appropriately (In accordance with Arizona and/or County law) Sec. I.H √ Payment terms are specifically identified? Sec. II.C √ Late Fee penalties specified? √ Attorney Fees are specified? √ Severability Clause is present? Sec. I.J.2 √ Intra-contract references to other Contract section language is accurate? Examples: Sec I.D; II √ Ownership rights specified and memorialized (e.g. apparatus in use?) Sec.II.B.5d √ Professional services contracts were competitively bid? √ Interlocal or Administrative Agreement(s): Contractor and/or Vendor has stipulated contract-related or management fees? Exhibit A √ Scope of Work or Services included / attached? Sec. II √ Exhibits attached? Exhibit A Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 30 Reiterating, while the project team does not provide legal expertise, one of the key issue areas noted that should be addressed in the Checklist is the lack of dispute resolution language and non-performance penalties. This is particularly relevant as discussed in a subsequent section. 3. Contract Best-Practices Assessment Outcome A review of a contract can be placed in context of several contract management activities that can be summarized by the following graphic: In brief, an effective contract contains six elements to allow for best-practice contract administration and management. These six elements are inter-related and often overlapping, but provide a context in which the efficacy of a contract can be examined. Our review of the existing contract has allowed us to identify a handful of potential areas in which contract enhancements, deletions, or other edits could occur consistent with Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 31 best practices in contract management, operations, etc. This is not to suggest that the legal frameworks of the existing document have shortcomings. The observations noted are intended to provide feedback which should help strengthen future contracts and management related thereto and provide additional assurances for both the Town and MCSO. 1. Contract Management and Administration: Risk Management and Performance/ Compliance Monitoring The review of the MCSO/Fountain Hills contract resulted in an assessment that the contract document is generally thorough, with a few areas for improvement noted as stipulated in the prior ‘Contract Review Checklist’. More broadly, there are contract administration and management issues that should be addressed. Importantly, the contract language in present form does not sufficiently protect the Town’s (nor County’s) best interests with respect to dispute resolution. There is no relevant language with respect to dispute resolution which is a fundamental weakness of the contract. The lack of third-party mediation or arbitration puts the contract participants at unnecessary risk and potential exacerbated conflict, to include the Town, MCSO and Maricopa County. In the context of the prior graphic, a lack of independent third-party resolution can contribute to difficulties in Relationship Management, an often overlooked, but important, element in best-practice Contract Management. Consequently, a future contract section should receive strong consideration for inclusion related to best-practice mediation and or arbitration conflict resolution. There are several issue areas surrounding compliance monitoring. These include: • As noted earlier in the report, there is a lack of comprehensive performance metrics beyond patrol response time. This restricts the ability to monitor service delivery compliance. • There is no consistent performance reporting done on a monthly or quarterly basis. With respect to performance, the only relevant document provided is the Annual Report for Fountain Hills. Yet these only contain key performance indicators (KPI) rather than objectives such as patrol response time outcomes. • There are no contract penalties for lack of performance, thereby increasing risk. This is particularly relevant if the MCSO cannot comply with the service delivery requirements of the contract. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 32 In summary, there are opportunities to improve contract compliance, performance management and reduce risk. 2. Contract Management and Administration: Financial Monitoring Currently MCSO provides only a monthly invoice, an illustration of which is shown below, to provide a framework for financial monitoring. This invoice has effectively no detail, other than reflecting a total due charge of 1/12th of the annual contract value. This can be juxtaposed against a more detailed invoice from another contracted law enforcement operation shown below: $420,257.24Net 4511/30/2021DEC21PATROL Amount DueTermsDateInvoice No Remit To: Maricopa County Sheriff's Office MCSO Patrol and Per Diem BillingDept #880138 PO Box 29650, Phoenix, AZ 85038-9650 602-876-3259 MCSO.Billing@MCSO.Maricopa.gov Phone: Fax: Email: Bill To: Fountain Hills Attn: Craig RudolphyTown of Fountain Hills 16705 E. Avenue of the FountainsFountain Hills, AZ 85258 Phone: Fax: Email:dpock@fh.az.gov; bbogdan@fh.az.gov Invoice Maricopa County Sheriff's Office Sales TotalDescriptionSale Date $420,257.24December 2021 Patrol Services11/30/2021 TotalDescriptionSale Date Prior Invoices $420,257.24November 2021 Patrol Services10/25/2021 $840,514.48Total Due $420,257.24Prior Balance $0.00Total Paid $0.00Total Discounts $420,257.24Total Sales $0.00$0.00$420,257.24 Over 9045 to 901 to 45 Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 33 Example of Alternate Invoice Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 34 The Fountain Hills MCSO contract has several difficulties associated with the current invoicing process as well as financial compliance monitoring: • The current invoice lacks any detail with respect to services rendered, only showing a charge for 1/12th of the total annual MCSO contract value. • The terms and conditions of the contract articulate that certain types of positions and levels of staffing are to be provided by MCSO to meet the obligations of the contract, yet staffing data demonstrate these staffing requirements are not met. These data are not readily shared in regular reporting by MCSO to allow for effective financial monitoring. - There have been long-standing vacancies in the Watch Commander Lieutenant position. Presently, there is only one such position whereas Fountain Hills contracts for 1.25. - The number of patrol beat deputies at 13 is significantly below the 19 patrol deputies contracted. This is also a long-standing issue whereby deputies are consistently operating at what is identified at minimum patrol staffing levels (or below). - Conversely, there are 6 sergeant positions at the Fountain Hills sub-station as opposed to the 3 positions contracted for in Fountain Hills. Notably, the Fountain Hills contract does not cover the number of sergeants required to supervise each of the four patrol shifts. • In effect, the invoice amounts charged are not in compliance with the terms and conditions of the MCSO contract. The contract clearly articulates staffing levels that will be provided in ‘Worksheet Exhibit A’ and related amendments. In summary, there are insufficient tools to effectively monitor financial compliance with the MCSO contract. Moreover, this appears to have resulted in a lack of contract compliance, resulting in what appears to be an overcharge for services rendered. This finding, however, must be juxtaposed against the lack of performance monitoring language in the contract, which as previously mentioned has not stipulated contract penalties due to lack of performance (e.g. fielding insufficient staff). Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 35 3. Other Contract-related Issues There are several ancillary contract-related issues surrounding Fountain Hills service delivery. The MCSO contract has some notable shortcomings that should be addressed if future Sheriff services are employed by Fountain Hills. These include, but are not limited to: • Staffing drivers for deputies and detectives are not based on relevant workload requirements such as calls for service, proactive time, or caseload standards. Fountain Hills is presently overstaffed based on current contract terms and conditions. • Beyond response time for Priority 1 calls, there are no performance expectations embedded in the contract. • Unique aspects of law enforcement services delivered to Fountain Hills are not effectively incorporated into the contract terms and conditions. By example, Fountain Hills is “undercharged” for sergeant positions based on actual need for field supervision. One-half the deputy staff contingent is working 48-hour work weeks resulting in annual staff hours dedicated to service well above the norm. In sum, the contract does not accurately reflect in several ways what Fountain Hills receives for service or actually requires for service. The MCSO calculates staffing needs for their law enforcement contract recipients using various modelling approaches. Ultimately these impact services provided. Importantly they seem to be driven by MCSO perceived needs as opposed to client (e.g. Fountain Hills) desires and/or requirements. The following observations are made with regard to key approaches used to determine contract staffing requirements. • A full-time equivalent position (FTE) is based on a 2,088 hour work year. This baseline is generally appropriate with one exception: 12-hour shifts, of which approximately one-half of the patrol deputies work, is a 2,190 hour shift. It is unclear how these additional hours are captured in the contract. • Deployment of patrol deputies and detectives are based on the number of beats in the (contracted) service area. Fountain Hills has been allocated 3.8 beats. It is unclear in the contract how this beat service area (3.8) was arrived at. • 5 FTE deputies are apparently required for 24/7/365 coverage of each beat. Broadly speaking, 5 personnel are required for any 24/7/365 operation filling one fixed-post, (such as 1 deputy per beat), but this calculation is imprecise, as filling one post should be based on average Net Annual Work Hours (NAWH) available Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 36 which would generally result in 4.5-5.5 FTEs per post dependent upon such factors as scheduled and unscheduled absence usage. • Moreover, using a geographic area to determine contractual deputy requirements is not based on appropriate workload or service level operational requirements. The patrol deputy staffing level of 19 (3.8 x 5 = 19) is not properly juxtaposed against calls for service response requirements, proactive time needs, officer- safety issues, etc. • Additionally, detective staffing is based on 0.5 detectives per beat and then modified based on the total days covered throughout the year (beyond the 2,088 FTE hours available to each detective). Under the current contract with MCSO, Detectives (Investigators) are ‘supporting’ positions. The 2.55 detectives for which Fountain Hills is charged cannot be mathematically replicated by the project team7 given the data provided. Similar to patrol deputies, devising a staffing plan for detectives based on beats is not consistent with best practice. Rather, detective staffing should be based on detective caseload requirements for Fountain Hills. In summary, the methodology for staffing and performance management should be revised in the contract, and updated terms and conditions developed. Based on findings and conclusions, the following recommendations are made. Recommendations: Address key MCSO contract issues identified in the Contract Review Checklist to include a dispute resolution process and penalties for non-performance. Develop additional contract performance metrics beyond patrol response time, to possibly include, targets for traffic warnings and citation, positive citizen contacts, minimum investigative case clearance, etc. The MCSO should report quarterly upon contract performance metrics to help identify issues early and devise potential resolutions. MCSO should develop a more comprehensive monthly invoice allowing Fountain Hills to perform more effective financial monitoring of Sheriff charges for services rendered. This should help resolve potential future contract overcharge issues. Use accurate methodologies for charging for MCSO services rendered. This includes charging for the appropriate number of staff (e.g. increase in field sergeants), charging 7 3.8 x 0.5 does not equal 2.55. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 37 for the appropriate number of baseline annual work hours (2,190 vs. 2,088) based on patrol shift schedules, and using Net Annual Work Hours (NAWH) to accurately determine one fixed patrol post. Eliminate the use of beats to develop a patrol and detective staffing plan for Fountain Hills. Use agreed upon workload metrics for baseline staffing such as proactive time, caseloads and other approaches discussed in this report. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 38 4. Alternative Law Enforcement Service Delivery The following chapter provides information with respect to alternative law enforcement service delivery approaches compared to existing MCSO operations. Three options will be discussed: • Continuation of the MCSO contract under revised staffing. • Use of an alternative services law enforcement provider. • Development of an in-house Fountain Hills police department. This will include the development of pro-bono budgets or contract cost changes, as appropriate. 1. Revised MCSO Contract Staffing As noted in the prior chapters, various service delivery and workload data suggest changes to the MCSO contract with Fountain Hills. The following tables show existing contract staffing and the revised staffing based on previous recommendations. Current Contract Staffing Revised Contract Staffing Position Fountain Hills Captain 0.75 Lieutenant 1.25 Patrol Deputy 19 School Resource Ofcr. 1 Detective 2.55 Sergeants 3 Clerical / Admn. Assistant 1 Sub-Total 28.55 Dispatch (FTEs) 1.46 Total 30.01 Position Fountain Hills Captain 0.75 Lieutenant 1.50 Patrol Deputy 16 School Resource Ofcr. 1 Detective 2 Sergeants 4 Clerical / Admn. Assistant 1 Sub-Total 26.25 Dispatch (FTEs) 1.46 Total 27.71 In summary, noted staffing changes include: • 3 patrol deputies per shift, assigned to Fountain Hills, instead of 4 patrol deputies per shift. • 1 shift sergeant assigned (and expensed in the contract) for each 12-hour patrol shift. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 39 • 2 detectives, instead of 2.55 allocated detectives, assigned directly to Fountain Hills. • 2 Lieutenant positions, 1 each for Day and Night shift overseeing District 7 (and charged proportionally to Fountain Hills similar to the Captain position). Based on the FY 21/22 MCSO cost allocation worksheet, the noted staffing changes as recommended herein would result in an approximate $219,000 savings annually. 2. Alternative Law Enforcement Contractor Fountain Hills has potential opportunity to contract with other law enforcement agencies for service delivery, but given the location of the Town it is limited to two options: • Scottsdale Police Department. • Fort McDowell Indian Reservation. Our project team contacted management staff of both law enforcement agencies and received definitive feedback that neither agency was interested in providing any kind of law enforcement service delivery to Fountain Hills in the foreseeable future. The general consensus was that given the current law enforcement hiring and retention issues being experienced nationally, Scottsdale Police Department and Fort McDowell Indian Reservation law enforcement were having difficulty staffing their own operations at appropriate staffing levels. Consequently, adding the staffing burden of another contracted law enforcement entity was not deemed feasible. Based on the feedback received, Fountain Hills law enforcement options appear to be restricted to the Maricopa County Sheriff’s Office or an in-house police department. 3. Fountain Hills Police Department Option An important component of this study is the potential start-up of an in-house police department as opposed to any law enforcement service contract. This requires various exercises to ultimately arrive at an estimated cost for such an in-house operation. Data to be considered include: • The composition of the police department’s staff to include sworn and civilian positions. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 40 • The location of the police department. Fountain Hills benefits from having the MCSO District 7 sub-station located in their town facility, and as such a police department location is already available without additional construction or rehabilitation costs. • Estimating factors that would drive significant costs to include staff salary and benefits, purchase of major assets (e.g. police cruisers), etc. • Other key operating assumptions that would influence start-up and on-going costs. These elements will be discussed in the following sections. 1. In-house Police Department Staffing Assumptions One of the major drivers in the costs of operating an in-house police department is determining the staffing levels required to perform services. Our development of this model hinges on our prior recommendations related to patrol staffing; that is, a reduced patrol staffing contingent compared to MCSO contract staffing is more than adequate to provide high levels of service. The following highlights the in-house police department major staffing decisions, followed by a comparative table showing the in-house police department versus MCSO contract. • 3 patrol deputies per shift, assigned to Fountain Hills, instead of 4 patrol deputies per shift. • 1 shift sergeant assigned for each 12-hour patrol shift (4 total). • 1 administrative sergeant assigned for support and line supervision of non-patrol staff, and servicing as coverage, when needed, for patrol sergeants. • 2 detectives performing generalist investigations. • 2 Lieutenant positions, 1 each for Day and Night shift operating in a Watch Commander capacity. • 1 Police Chief, replacing the MCSO Captain position. • 2 Clerks providing front desk, records, and administrative support. • 1.92 Dispatch personnel contracted with MCSO. This is the higher level of staffing in FY 20/21 compared to FY 21/22. The table below shows that the in-house Fountain Hills PD is approximately 1 full-time equivalent staff position above the current MCSO contract. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 41 Current Contract Staffing In-house Police Department Position Fountain Hills Captain 0.75 Lieutenant 1.25 Patrol Deputy 19 School Resource Ofcr. 1 Detective 2.55 Sergeants 3 Clerical / Admn. Assistant 1 Sub-Total 28.55 Dispatch (FTEs) 1.46 Total 30.01 Position Fountain Hills Chief 1 Lieutenant 2 Patrol Deputy 16 School Resource Ofcr. 1 Detective 2 Sergeants 5 Clerical / Admn. Assistant 2 Sub-Total 29.00 Dispatch (FTEs) 1.96 Total 30.96 In brief, the costs of an in-house Police Department operation are contingent upon the staff model Fountain Hills is willing to deploy. With respect to costs later displayed, we will provide a total cost comparison for a police department operation that fields an equivalent number of patrol staff to the current MCSO contract. 2. Police Department Facility As noted, the MCSO District 7 sub-station serving Fountain Hills is located in the Town Hall at 16705 E Avenue of the Fountains. As such, an in-house police department could transition to this space, and given the staffing contingent of an in-house operation is almost equivalent to the contract, there would be no relevant facility upgrade required. Having an established police facility in Fountain Hills that can be used is a major benefit and notable cost saver with respect to start-up costs. In fact, facility-related costs are typically one of the primary impediments for a community in establishing their own law enforcement agency. In summary, a small investment to potentially re-brand, paint, clean, additional furniture and new computers in the interior of the facility would be warranted. Estimated cost for such service is $175,000 one-time fee. 3. Cost of Services for In-house PD The costs of an in-house Fountain Hills PD are based upon innumerable variables and assumptions that ultimately drive the Pro-forma budget. Dozens of assumptions are necessary to include such areas, but not be limited to: Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 42 • Salary expenditures and what compensation step to begin personnel. • Type of benefits paid, proportion or recipients taking family or single medical, retirement offered, and payment contributions of the Town versus the individual. • Number and type of vehicles to deploy and how they are equipped, utilized and maintained. • Risk management and workers compensation fees. • Dispatch, jail, information technology and laboratory service charges. • Overtime expenditures. • Transition, or “hand-over” costs from MCSO to an in-house operation. The details of the Pro-forma budget will be provided to the client in a comprehensive worksheet that allows for adjustment to these numerous variables. In summary, however, the philosophy the project team is using to develop the Pro-forma budget is to be “competitive but not excessive” with respect to overall expenditures. The budget is also distinguished between “Year One” operations which include start-up costs, and an Annual Operational Budget which estimates annual costs excluding start- up. (1) Salary and Benefits Costs The project team compared various salaries across the region to estimate the starting salary for Fountain Hills PD staff. The comparator agencies included: • Maricopa City • Buckeye • Apache Junction • Queen Creek • Oro Valley • Florence Relevant assumptions with regard to Fountain Hills PD salary includes all positions would start at an entry level salary. Moreover, in order to be competitive, starting salary was adjusted upwards approximately 10% compared to the average starting salary of the above listed agencies. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 43 For comparative purposes, the MCSO contract salary for a deputy is $30.00 versus $29.64 for a Fountain Hills PD starting salary. Average benefit costs (excluding retirement) include such things as full medical, dental, vision and life insurance. (2) Retirement Retirement is offered at 2.7% at age 57, the contribution for which is fully paid by the Town. There is no unfunded liability since this is a new police department. (3) Personnel Assets Officers will be outfitted with various uniforms, weaponry and related at cost to the Town. In order to facilitate recruitment and retention, officers will have take-home police vehicles; however, these vehicles will be the less costly sedans as opposed to the more expensive SUVs. (4) “Liability” Insurances Risk insurance and workers compensation insurance are based on various relevant percentages or costs per Full-time Equivalent (FTE). It is important to note that such insurances do not cover all potential liabilities resulting from litigated actions against the Town. Consequently one of the primary unknowns with regard to total costs of operating an in-house police department is the potential costs associated with awards to a litigant against the PD/Town of Fountain Hills. (5) Other Operational Costs These include estimates of overtime usage, vehicle maintenance and usage costs, services and supplies, contract costs related to 911 Dispatch provided by MCSO, Jail costs, laboratory costs, Records Management System (RMS) costs and other supporting operational costs to run the day-to-day business of the PD. 4. Other Operating Assumptions Impacting Costs One of the most difficult cost calculations is related to the transition or hand-over costs associated with moving from MCSO services to an in-house Fountain Hills PD. There will Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 44 be a service period overlap in “Year One” while Fountain Hills acquires and deploys trained personnel to provide law enforcement services. The length of time to transition from one police operation to another, combined with the cost, is the result of a complex strategic planning undertaking beyond the scope of this report. As such, the duplicative costs incurred can only be estimated, particularly since it is unknown if MCSO would be willing to reduce their own contracted service levels while the Fountain Hills PD gradually “stands up.” In sum, “Year One” operational transition costs are estimated at the equivalent of one- third the MCSO service contract to Fountain Hills. In order to facilitate recruitment of staff at Fountain Hills PD, a recruitment consultant is expensed at $150,000 in “Year One.” It is assumed the MCSO, given the public safety benefits of regionalized dispatch, will have a willingness to contract for 911 Dispatch services to Fountain Hills at a modest “premium.” In the event this was not accomplished, an alternative service provider would need to be located in Scottdale or Fort McDowell Indian Reservation despite their “lack of interest.” The additional cost of housing a 911 dispatch center in Fountain Hills would become cost prohibitive given staffing required, technology needs and the like, and thus such an option is not included in the Pro-forma budget. 5. Pro-forma Budget Based on the Matrix Consulting Group’s Pro-forma Budget model, which will be supplied to Fountain Hills for future editing/manipulation, the following summary table provides “Year One” start-up and operational costs for the Fountain Hills PD. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 45 The following provides a summary of the table above. • The Pro-forma operating budget for the Fountain Hills Police Department is calculated at $4,513,252 for the first year. • Given calculated start-up costs, “Year One” budget is $8,807,292, or approximately $4.3 million in start-up requirements. • Given Pro-forma budgeting is a modeling exercise, it can be assumed that: - Annual operational costs will fall within 95%-105% of the calculated costs using similar assumptions ($4.3 to $4.7 million). - “Year One” costs will fall within 90%-110% of the calculated costs using similar assumptions ($7.9 to $9.3 million). • Future annual operating cost escalators given salary/benefit raises, etc. can be assumed to be 2.5%-6% per year. Further details regarding the Pro-forma budget can be found in the Appendix of this report. 6. In-house Police Department Conclusions A comparison of the annual operational costs of an in-house Fountain Hills Police Department to the most recent MCSO FY 21/22 shows that the two operations would be cost-competitive on a per annum basis; indeed, the Fountain Hills PD operation as designed would save approximately $500K per year compared to the existing MCSO contract. There are, however, several important issue areas that must be considered Summary of Projected Costs Cost Type Projected Costs General Personnel Subtotal $2,076,205.00 Retirement Costs Subtotal $404,859.98 Benefits and Incentives Subtotal $823,009.74 Overtime Costs Subtotal $201,414.73 Sworn Equipment Initial Investment Subtotal $129,925.00 Sworn Equipment Annual Operating Cost Subtotal $10,255.00 Vehicle Initial Investment Subtotal $1,750,086.00 Vehicle Annual Operating Cost Subtotal $182,501.37 Supplies Cost Subtotal $223,088.64 External Contract Cost Subtotal $347,827.41 Worker's Compensation and/or Risk Insurance Subtotal $244,089.64 Other Start-up Costs $2,414,029.00 Total Projected Year 1 Cost $8,807,291.50 Projected Yearly Operating Costs $4,513,251.50 Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 46 when determining the total value of operating an in-house police department. These include, but are not limited to: • There is an additional cost associated with the Fountain Hills PD estimated at $4.3 million dollars in start-up costs. This calculates to an approximate 9-year operational break-even point when compared to continued MCSO contracting. • If Fountain Hills elected to incorporate MCSO staff changes recommended herein, potential annual Fountain Hills PD savings would be less than $300K annually compared to the MCSO contract, extending the break-even point to 14-years. • As previously noted, the staffing contingent, particularly in Patrol, in a Fountain Hills PD is less than the current MCSO contracted staffing levels. If staffing levels were equivalent, the annual operating costs of the Fountain Hills PD would be $5 million per annum -- nearly the same as the MCSO contract -- with a $4.6 million start-up cost. • Qualitative benefits of operating an in-house police department, such as further local control, community branding, etc. need to be juxtaposed against costs and additional risk. While risk insurance is included in the Pro-forma budget model, this does not mitigate potential litigation that would not be covered by such insurance. • It is assumed the MCSO would provide, through mutual aid, specialized support on a pro-bono basis. This would include the rare use of helicopter services, homicide crime scene investigation, accident reconstruction, etc. that typically would be beyond the capabilities of a small police department. In summary, the totality of information suggests that an in-house police department for Fountain Hills, given its safety, community profile, exceptional response time from the Sheriff, and likely net limited additional value from local control, suggests retaining the MCSO service contract is warranted, particularly if a number of recommendations noted herein are executed. Recommendation: Based on the totality of information, Fountain Hills should retain MCSO contracted law enforcement services, particularly if other recommendations herein are executed, in lieu of establishing an in-house Fountain Hills Police Department. Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 47 Appendix – Fountain Hills Police Department Pro-forma Budget Fountain Hills (AZ) Police Department Summary of Cost Projections October 12, 2022 General Personnel Cost Summary Position # Base Salary X Pos. Retirement Cost Benefits Cost Projected OT Costs Total Pos. Cost Chief 1 $166,323.00 $32,432.99 $44,493.82 $0.00 $243,249.81 Asst. Chief 0 $0.00 $0.00 $0.00 $0.00 $0.00 Captain 0 $0.00 $0.00 $0.00 $0.00 $0.00 Lieutenant 2 $201,276.00 $39,248.82 $72,605.81 $20,532.47 $333,663.09 Sergeant 5 $444,350.00 $86,648.25 $153,387.17 $45,328.81 $729,714.22 Detective 2 $136,149.20 $26,549.09 $47,852.49 $7,824.67 $218,375.45 Corporal 0 $0.00 $0.00 $0.00 $0.00 $0.00 Officer 17 $1,052,062.00 $205,152.09 $464,312.98 $127,728.79 $1,849,255.86 Non-Sworn 2 $76,044.80 $14,828.74 $40,357.47 $0.00 $131,231.01 Total(s): 29 $2,076,205.00 $404,859.98 $823,009.74 $201,414.73 $3,304,074.71 Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 48 Retirement Cost Projections Breakdown Position # Pos. Avg. Pension. Comp. Normal Cost Empl. Share* Overfunding Amount Total Ret. Cost Chief 1 $166,323.00 $32,432.99 $32,432.99 $32,432.99 Asst. Chief 0 $0.00 $0.00 $0.00 $0.00 Captain 0 $0.00 $0.00 $0.00 $0.00 Lieutenant 2 $100,638.00 $19,624.41 $19,624.41 $39,248.82 Sergeant 5 $88,870.00 $17,329.65 $17,329.65 $86,648.25 Detective 2 $68,074.60 $13,274.55 $13,274.55 $26,549.09 Corporal 0 $0.00 $0.00 $0.00 $0.00 Officer 17 $61,886.00 $12,067.77 $12,067.77 $205,152.09 Non-Sworn 2 $38,022.40 $7,414.37 $7,414.37 $14,828.74 Total(s): 29 $404,859.98 *Note: Employee Share %: 0% Benefits and Incentives Cost Projections Breakdown Position # Incentive Pay Subtotal Insur. Subtotal Other Ben. Subtotal Position Total Chief 1 $0.00 $44,493.82 $0.00 $44,493.82 Asst. Chief 0 $0.00 $0.00 $0.00 $0.00 Captain 0 $0.00 $0.00 $0.00 $0.00 Lieutenant 2 $0.00 $72,605.81 $0.00 $72,605.81 Sergeant 5 $0.00 $153,387.17 $0.00 $153,387.17 Detective 2 $0.00 $47,852.49 $0.00 $47,852.49 Corporal 0 $0.00 $0.00 $0.00 $0.00 Officer 17 $0.00 $464,312.98 $0.00 $464,312.98 Non-Sworn 2 $0.00 $40,357.47 $0.00 $40,357.47 Total(s): 29 $823,009.74 Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 49 Overtime Cost Projections Breakdown Position # Estimated OT Hours OT Sub. X Pos. Type OT Total X Position Type Chief 1 0 $0.00 $0.00 Asst. Chief 0 0 $0.00 $0.00 Captain 0 0 $0.00 $0.00 Lieutenant 2 120 $10,266.23 $20,532.47 Sergeant 5 120 $9,065.76 $45,328.81 Detective 2 80 $3,912.33 $7,824.67 Corporal 0 0 $0.00 $0.00 Officer 17 156 $7,513.46 $127,728.79 Non-Sworn 2 0 $0.00 $0.00 Total(s): 29 $201,414.73 Sworn Equipment Cost Projections Breakdown Equipment Category Cost Projection Weapons $57,350.00 Uniform $45,900.00 Misc. $26,675.00 Initial Investment Costs $129,925.00 Annual Operating Equipment Costs $10,255.00 Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 50 Vehicle Cost Projections Breakdown Information Cost/Count Total SUVs 0 Total Sedans 27 Total Motorcycles 0 Raw Vehicle Subtotal $1,023,030.00 Raw Vehicle Accessories Subtotal $727,056.00 Total Initial Investment $1,750,086.00 SUV Annual Cost Projection 0 Sedan Annual Cost Projection $182,501.37 Motorcycle Annual Cost Projection 0 Annual Vehicle Cost Projection $182,501.37 Supplies Cost Projections Breakdown Supply Type Projected Cost Telecommunications $43,848.00 Information Technology (IT) $111,732.00 Mobile Devices $24,008.64 General Supplies $43,500.00 Projected Supplies Cost Total $223,088.64 External Contract Cost Projections Breakdown Number of External Contracts 6 Total External Contracts Cost $347,827.41 Law Enforcement Feasibility and Financial Analysis FOUNTAIN HILLS, AZ Matrix Consulting Group Page 51 Average External Contracts Cost $57,971.24 Risk Insurance and Worker's Compensation Projections Breakdown Projected Type Projected Cost Risk Insurance $244,089.64 Workers Compensation (if $0 inc. in Benefits) $0.00 Total Risk Insurance/Worker's Compensation Cost $244,089.64 Summary of Projected Costs Cost Type Projected Costs General Personnel Subtotal $2,076,205.00 Retirement Costs Subtotal $404,859.98 Benefits and Incentives Subtotal $823,009.74 Overtime Costs Subtotal $201,414.73 Sworn Equipment Initial Investment Subtotal $129,925.00 Sworn Equipment Annual Operating Cost Subtotal $10,255.00 Vehicle Initial Investment Subtotal $1,750,086.00 Vehicle Annual Operating Cost Subtotal $182,501.37 Supplies Cost Subtotal $223,088.64 External Contract Cost Subtotal $347,827.41 Worker's Compensation and/or Risk Insurance Subtotal $244,089.64 Other Start-up Costs $2,414,029.00 Total Projected Year 1 Cost $8,807,291.50 Projected Yearly Operating Costs $4,513,251.50 MCSO CONTRACT COSTS FY12 - FY24 Fiscal Year Contract Amt % Change from Prior FY Notes FY 2012 2,729,379$ - FY 2013 2,762,382$ 1.21%Current IGA becomes effective FY 2014 2,946,797$ 6.68% FY 2015 3,249,272$ 10.26% FY 2016 3,554,666$ 9.40% FY 2017 3,814,531$ 7.31% FY 2018 3,715,447$ -2.60% FY 2019 4,090,928$ 10.11% FY 2020 4,675,700$ 14.29%Amendment 1 added 3% administration fee FY 2021 4,918,265$ 5.19% FY 2022 5,043,087$ 2.54% FY 2023 5,344,832$ 5.98%Amendment 2 extended contract to 6/30/2023 6,277,390$ 17.45%Amendment 3 extended contract to 12/31/2023; Used staffing from current IGA and FY24 cost notification 6,372,084$ 19.22%1st Draft of Proposed IGA - Added (2) Sergeants and (1) Deputy Service Aide to staffing 6,128,591$ 14.66%2nd Draft of Proposed IGA - Same as 1st Draft but removed (1) Patrol Beat Deputy to offset Rio Verde coverage FY 2024 ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/17/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2023-35 Regarding Masking and Vaccinations as an individual personal responsibility. Staff Summary (background) Councilmember Allen Skillicorn formally requested at the October 3, 2023, Council meeting for the Town Council to discuss and possibly consider the adoption of a resolution regarding COVID-era restrictions, i.e.,  regarding vaccinations and wearing protective masks.  The Resolution is modeled after the Resolution adopted by the Town of Queen Creek at their September 20, 2023 meeting.   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 adopt Resolution 2023-35. Attachments Resolution 2023-35  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 10/10/2023 08:04 PM Town Manager Rachael Goodwin 10/11/2023 02:08 PM Form Started By: Linda Mendenhall Started On: 10/10/2023 04:20 PM Final Approval Date: 10/11/2023  RESOLUTION 2023-35 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, REGARDING MASKING AND VACCINATIONS AS AN INDIVIDUAL PERSONAL RESPONSIBILITY WHEREAS, the Town of FOUNTAIN HILLS seeks to proactively assure its citizens of our commitment to responsibly protect your rights and liberties enshrined in the Constitution, and endowed by God and/or the Creator in light of recent media reports of local and state governments in other areas of the United States reintroduce new COVID-style mandates; and WHEREAS, the Town of FOUNTAIN HILLS, beginning in March 2020, implemented responsible planning and measures to prevent the spread of Coronavirus (COVID-19), and to prepare for emergency actions in responses to the spread of COVID-19 without infringing on the rights and liberties of our citizens; and WHEREAS, the Town of FOUNTAIN HILLS knows that effective health behaviors and decisions can be accomplished through personal responsibility and it is each person's individual duty to protect themselves, their families and the community; and WHEREAS, the FOUNTAIN HILLS Town Council believes the decision to wear a mask and to receive a COVID-19 vaccination are personal decisions, not something to be mandated by government; and WHEREAS, the FOUNTAIN HILLS Town Council believes in the right and liberty of individuals to make personal decisions according to their convictions NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council of the Town of FOUNTAIN HILLS, Arizona, as follows: Section 1: The FOUNTAIN HILLS Town Council recommends Town employees continue to practice personal responsibility to prevent illness; Section 2: It shall be the policy of the Town of FOUNTAIN HILLS to allow employees to make their own decisions regarding vaccines and wearing masks, as those are personal decisions that do not require government mandates; Section 3: As elected officials representing the residents of the Town of FOUNTAIN HILLS, the Town Council has the authority to make rules, regulations, and orders that protect the health, safety, and personal liberty of the employees of the organization; Section 4: Because the decision to receive a COVID-19 vaccination is a personal decision that should be made according to an individual’s own convictions and employees of the Town of FOUNTAIN HILLS will not be compelled to wear mask or be vaccinated to keep their jobs; Section 5: The FOUNTAIN HILLS Town Council recommends its citizens and the general public exercise personal responsibility to prevent illness, but commits to not implementing measures such as mask mandates, business closures, vaccination requirements, curfews, or any similar measure; Section 6: The Town’s Personnel Administrative Handbook regarding Infectious Disease Outbreak (Pandemic) Response is hereby amended to reflect this Resolution; Section 7: That this Resolution shall remain in full force and effect until amended, repealed or terminated by vote of the FOUNTAIN HILLS Town Council; Section 8: All prior resolutions or parts of resolutions in conflict with the provisions of this Resolution are hereby repealed effective as of the effective date of this resolution; Section 9: If any section, sentence, clause, phrase or portion of this Resolution 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. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona this 17th day of October 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, Town Manager Aaron D. Arnson, Town Attorney ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/17/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  DISCUSSION AND POSSIBLE DIRECTION: Staff will provide an update on the pavement analysis and pavement schedule and present the findings of a Roadway Geotechnical Engineering Report. Staff Summary (Background) On June 20, 2023, the Council held a work session related to the recently completed pavement analysis. Roadway Asset Services presented their results and provided an executive summary to the Council. Their final report included the overall pavement conditions and the related costs associated with desired levels of service.   The second item on the work session agenda was a report from the Citizen Advisory Committee on Streets. The Committee presentation included several options related to types of treatment and funding scenarios.   During the Regular session on June 20, 2023, the Public Works Director presented a contract amendment for M.R. Tanner Construction for consideration. The amendment provided for the paving of streets selected for fiscal year 2023 and 2024, using the recently collected data from the pavement analysis.  At the meeting, the Public Works Director included maps of the locations selected and stated that staff would return to Council with an update and the paving schedule, and share the findings of a Roadway Geotechnical Engineering Report that had not been completed prior to the meeting.   Attached to this staff report please find the following documents for review:   Roadway Asset Services executive summary. Citizen Advisory Committee report. Roadway Geotechnical Engineering Report. Memo from the Town Engineer.   Related Ordinance, Policy or Guiding Principle Public Works Mission Statement Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION N/A Fiscal Impact Fiscal Impact:N/A Budget Reference:N/A Funding Source:Streets Fund If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments RAS Final Report  Citizen Advisory Committee Report  Roadway Geotechnical Engineering Report  Pavement modification Detail memo  Map  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 10/04/2023 04:25 PM Finance Director David Pock 10/05/2023 07:58 AM Town Attorney Aaron D. Arnson 10/05/2023 08:14 AM Town Manager Rachael Goodwin 10/11/2023 02:13 PM Form Started By: Justin Weldy Started On: 10/20/2022 05:55 PM Final Approval Date: 10/11/2023  Roadway Asset Services, LLC 6001 W Parmer Lane #370-1102 Austin, TX 78727 210-837-5249 2023 Pavement Evaluation Report Fountain Hills, AZ May 2023 1 Table of Contents 1 Executive Summary .............................................................................................................................. 4 1.1 Condition Results .......................................................................................................................... 7 1.2 Budget Scenarios ........................................................................................................................... 7 Commonly Used Acronyms ........................................................................................................................... 8 2 Introduction ......................................................................................................................................... 9 3 Project Scope & Methodology ........................................................................................................... 12 3.1 Pavement Condition Assessment ............................................................................................... 12 3.2 Pavement Condition Index (PCI) Calculation .............................................................................. 15 3.3 International Roughness Index (IRI) Calculation and Analysis .................................................... 15 4 Description of Distress Analysis ......................................................................................................... 16 5 Results ................................................................................................................................................ 20 5.1 Pavement Condition Index Results ............................................................................................. 21 5.2 International Roughness Index Results ....................................................................................... 25 5.3 Distress Breakdown by Severity .................................................................................................. 27 6 Pavement Maintenance/Preservation Funding ................................................................................. 28 7 Scenarios and Budget Estimates ........................................................................................................ 28 7.1 Deterioration curves ................................................................................................................... 28 7.2 Treatment Activities and Cost ..................................................................................................... 29 7.3 Scenarios ..................................................................................................................................... 31 7.3.1 Do-Nothing .............................................................................................................. 31 7.3.2 Unlimited Funding (Fix All) and Distribution of Costs ............................................. 32 7.3.3 Steady State Network PCI (SS PCI) .......................................................................... 33 7.3.4 Steady State Backlog Budget (SS Backlog) .............................................................. 34 7.3.5 Sample Maintenance Budgets versus PCI Improvement........................................ 35 8 Summary ............................................................................................................................................ 36 9 Appendix I: Distress Definitions (Colorado State University) ............................................................. 37 10 Appendix II: Automated Data Collection Equipment ......................................................................... 38 10.1 Roadway Asset Collection (RAC) Vehicle .................................................................................... 38 10.2 Quality Control/Assurance .......................................................................................................... 40 10.3 LCMS-2 ........................................................................................................................................ 41 10.4 Profile .......................................................................................................................................... 41 List of Figures Figure 1.1 Town of Fountain Hills, AZ PCI Distribution ................................................................................ 5 Figure 1.2: Town of Fountain Hills, AZ Surface Type Distribution ................................................................ 6 Figure 2.1: Deterioration Curve Example .................................................................................................... 10 Figure 2.2: Town of Fountain Hills, AZ Inspection Breakdown ................................................................... 10 Figure 2.3: Town of Fountain Hills, AZ Roadway Network (Collection Status) .......................................... 11 Figure 3.1: Town of Fountain Hills, AZ Network Coverage Map ................................................................ 13 Figure 3.2: Right-of-Way Image Example.................................................................................................... 15 Figure 4.1: RAS Pavement Analysis Tool Example ...................................................................................... 17 Figure 4.2: LCMS Post PCI Processing Image .............................................................................................. 18 Figure 4.3: Example of Distress Overlay Images ......................................................................................... 19 Figure 5.1: Town of Fountain Hills, AZ PCI Ranges by Percent of Area ....................................................... 21 Figure 5.2: Town of Fountain Hills, AZ PCI Ranges by Percent of Area for Asphalt Roads ....................... 22 Figure 5.3: Town of Fountain Hills, AZ PCI Ranges by Percent of Area for Pre- Incorporation Asphalt Roads ........................................................................................................................................................... 22 Figure 5.4: Town of Fountain Hills, AZ PCI Distribution Map ..................................................................... 23 Figure 5.5: Town of Fountain Hills, AZ PCI Example Map .......................................................................... 24 Figure 5.6: Town of Fountain Hills, AZ IRI Distribution Map ...................................................................... 25 Figure 5.7: Town of Fountain Hills, AZ Normalized IRI Example Map ........................................................ 26 Figure 5.8: Town of Fountain Hills, AZ Asphalt Distress Breakdown ......................................................... 27 Figure 7.1: Typical Pavement Life Cycle Curve............................................................................................ 29 Figure 7.2: Town of Fountain Hills, AZ - PCI Trend by Budget Scenario...................................................... 34 Figure 7.3: Town of Fountain Hills, AZ - PCI Trend by Budget Scenario...................................................... 35 Figure 7.4: Town of Fountain Hills, AZ - Predicted 5-Year Pavement Condition Index Outlook ................. 36 Figure 10.1: RAS RAC Vehicle ...................................................................................................................... 40 Figure 10.2: 9-Point Calibration Site Example ............................................................................................ 40 Figure 10.3: LCMS Data Definition .............................................................................................................. 42 List of Tables Table 1.1: Town of Fountain Hills, AZ PCI Ranges by Percent ...................................................................... 4 Table 2.1: Town of Fountain Hills, AZ Inspection Breakdown .................................................................... 11 Table 3.1: IRI Category Ranges by Miles ..................................................................................................... 16 Table 5.1: Town of Fountain Hills, AZ Condition Scale ............................................................................... 20 Table 5.2: Town of Fountain Hills, AZ PCI Ranges by Percent of Centerline Miles .................................... 21 Table 5.3: Town of Fountain Hills, AZ Asphalt Distress Breakdown by Severity ........................................ 27 Table 7.1: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Arterial Roads) (Inflated to 2023 Rates) ................................................................................................................................................. 29 Table 7.2: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Alleys) (Inflated to 2023 Rates) .......................................................................................................................................................... 30 Table 7.3: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Collector Roads) (Inflated to 2023 Rates) ............................................................................................................................................. 30 Table 7.4: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Local Roads) (Inflated to 2023 Rates) ................................................................................................................................................. 31 Table 7.5: Town of Fountain Hills, AZ – Fix All Analysis by Treatment Type ............................................... 33 Table 7.6: Town of Fountain Hills, AZ - Predicted 5-Year Overall Condition Index Outlook ....................... 36 4 | P a g e 1 Executive Summary Roadway Asset Services, LLC (RAS) performed a pavement condition assessment for the Town of Fountain Hills, AZ to provide an accurate assessment of the pavement conditions. The pavement data collection started on November 03, 2022 and completed on November 12, 2022. This report provides the processes and procedures for pavement condition data collection and evaluation, assessment of the results, and maintenance recommendations for the Town’s maintained roadway network. The pavement condition assessment included an automated mobile data collection effort, a Pavement Condition Index (PCI) calculated using RAS’s pavement analysis tool – Road Technical Rating Intelligence Program (Road TRIPTM), publishing of the results to a Microsoft PowerBI dashboard, and the delivery of an ESRI file geodatabase. The assessment and conditions rating were performed in general accordance with national standards, where applicable. The network PCI was determined following the American Society for Testing Materials (ASTM) D6433-11 “Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys” to determine the Surface Distresses Index (SDI) in combination with a Roughness Index (RI), which is derived from the International Roughness Index (IRI). The combination of SDI and a normalized IRI value such as RI used is (67%*SDI) + (33%*RI) = PCI. The PCI category break points below were developed during the Town’s 2018 survey update and were adopted for the 2023 survey in an effort to maintain consistency in the Town’s use of descriptive terminology as they relate to the PCI condition score ranges. In 2019, the Town Mayor and Council adopted the use of letter grades to assist in simplifying the interpretation of the condition score ranges. The criteria used at that time were as follows: A = 85 to 70; B = 70 to 60; and C = 60 to 50. These letter grades are not reflected in Table 1.1 as there is no industry standard for their application and every agency’s definition of each letter grade is a matter of local perception. Table 1.1: Town of Fountain Hills, AZ PCI Ranges by Percent Pavement Condition Index (PCI) Range Condition Description Total Distance (Miles) Total Area (Sq. Yd.) Percent of Network by Centerline Miles 86 – 100 Excellent 27.28 606,319 16.4% 71 – 85 Very Good 54.03 1,217,767 32.5% 61 – 70 Good 30.76 636,866 18.5% 51 – 60 Fair 26.77 534,470 16.1% 41 – 50 Marginal 17.23 337,707 10.4% 26 – 40 Poor 9.43 184,142 5.7% 0 – 25 Very Poor 0.93 15,395 0.6% Total of Rated Segments 166.44 3,532,666 100% 5 | P a g e Figure 1.1 Town of Fountain Hills, AZ PCI Distribution 6 | P a g e Figure 1.2: Town of Fountain Hills, AZ Surface Type Distribution 7 | P a g e 1.1 Condition Results RAS’s pavement analysis tool, Road Technical Rating Intelligence Program (Road TRIPTM), was used to evaluate and classify the pavement distresses, and calculate the SDI. The SDI is a numerical rating of the pavement condition based on the type, severity, and density of distresses observed on the pavement surface. The SDI is a measure of the overall serviceability provided by a pavement to the vehicle driver. The IRI value is normalized to provide a Roughness Index (RI) between 0 and 100 for the initial calculation of the final PCI value, which is a combination of the SDI and the RI; calculated using a weighted average: PCI = 67%*SDI + 33%*RI. At the time of this evaluation, the weighted arithmetic average PCI for all roads was 69. Following the categories from Table 1.1, the network is currently in a ‘Good’ condition. 1.2 Budget Scenarios RAS performed several five-year maintenance and preservation program scenarios for the Town of Fountain Hills, AZ. Fountain Hills has a budget of $2,125,000.00 per year assigned to optimized maintenance and rehabilitation activities. While the Town’s actual budget is $2,500,000; 15% of that budget was removed to cover other expenses such as administrative overhead, inspection, etc. In addition, The Town has an additional funding source from the CARES Act that equates to $10,000,000 and using the same logic presented above, 15% of the funding was removed to cover other expenses. As such, the CARES Act funding used in the model after removing administrative expenses was $8,500,000. This funding was spread over Fiscal Years 23 and 24 evenly and used to target pre-incorporation residential roadways that required full reconstruction or major rehabilitation. RAS also ran 9 additional scenarios with budgets below and above the Town’s annual budget. All of the additional budget runs also accounted for the $8,500,000 in CARES Act funding that was used to target residential roadways. These budgets were applied in the Budget Optimization Street Selector (BOSSTM) software, for the development of a financially optimized 5-year plan. Optimization is a broad-based term that has many different definitions. For most pavement management systems, optimization is the ability to prioritize a multi-year rehabilitation plan using several different factors that are important to Fountain Hills and based on sound engineering constraints. RAS infuses financial optimization by identifying two key components of a financial analysis: • Need Year – when a road/segment becomes critical, meaning it is getting closer to dropping into the next more expensive rehabilitation category. • Cost of Deferral – identifying the cost of deferral between a road/segment’s current rehabilitation category and its next category. Understanding the “Cost of Segment Deferral” allows the analysis to maximize the Town’s limited funds in the best manner possible. Using information provided by the Town, RAS pavement management experience, and industry standards, RAS assigned the PCI impact to each maintenance activity and is presented in Tables 7.1 to 7.4. A 5% inflation rate per year was applied to the maintenance and rehabilitation activity costs in the 5-year models. 8 | P a g e Commonly Used Acronyms • AC Asphalt Concrete • ASTM American Society for Testing and Materials • BR Brick • GR Gravel • GPS Global Positioning System • IRI International Roughness Index • LCMS Laser Crack Measurement System • PCI Pavement Condition Index • PCC Portland Cement Concrete • PCS POS Computer System • SDI Surface Distress Index • RI Roughness Index • POS Position and Orientation System • RAC Roadway Asset Collection vehicle • RAS Roadway Asset Services • Road TRIPTM Road Technical Rating Intelligence Program • ROW Right-of-way • UNS Unsurfaced 9 | P a g e 2 Introduction An asphalt pavement surface begins to oxidize and deteriorate from the day it is constructed. While concrete pavements may have longer durability, they also began deteriorating after construction due to joint failure and subgrade weakening. Many factors affect the deterioration rate, such as, but not limited to, the traffic loads, climatic conditions, age, material durability, subgrade support, damage caused by poor drainage, and construction materials and techniques. These factors cause the deterioration rate to be different for every pavement section. To manage a large pavement network, “family performance” curves are developed from available data to represent the expected performance and to help determine optimal times to apply preventive and rehabilitation treatments. To develop more accurate curves, periodic evaluations and assessment of the pavement condition must be performed to gain a realistic representation of condition versus age of the pavement network. Pavement deterioration is a non-linear process and initial deterioration occurs at a slow rate. After approximately 40% to 50% of a pavement’s service life, a pavement segment reaches an “inflection point’ after which pavement condition rapidly deteriorates. Understanding the condition and age at which this rapid drop in condition occurs is unbelievably valuable in determining the optimal time for maintenance as displayed in Figure 2.1. Properly understanding pavement conditions allows for cost effective preventive maintenance versus reactive rehabilitation at a much higher cost. Standard industry practice is to assess a pavement network every three to five years. More frequent assessments will likely not detect significant changes in condition. More than five years between assessments will likely miss critical changes and will not provide adequate data to define a deterioration curve where preventive maintenance is best applied. RAS recommends assessments every three years for networks greater than 100 miles. Local and residential streets can be delayed to every five years, because they are expected to deteriorate at a slower rate compared to arterial/collector streets. Local street deterioration is based on climatic conditions more than traffic loads. However, if funding is not separated by arterial/collector streets versus local streets, the assessments should be done in the same year to provide equivalent information for the decision process. Here, we describe the tools, processes and procedures used to collect and analyze pavement condition data as well as provide a summary of the results obtained from calculating each segment’s Pavement Condition Index (PCI). 10 | P a g e Figure 2.1: Deterioration Curve Example Figure 2.2: Town of Fountain Hills, AZ Inspection Breakdown 11 | P a g e Table 2.1: Town of Fountain Hills, AZ Inspection Breakdown Item Description Centerline Miles Percent of Centerline Miles 1 Asphalt Segments with PCI 109.16 64.9% 2 Pre-Incorporation Asphalt Segments with PCI 57.28 34.1% Total 168.22 100% Figure 2.3: Town of Fountain Hills, AZ Roadway Network (Collection Status) 12 | P a g e 3 Project Scope & Methodology The overall project scope of work contains seven tasks outlined below: 1. Verify the Town’s Street network, 2. Perform mobile image data collection, 3. Determine the Pavement Condition Index (PCI), 4. Determine International Roughness Index (IRI), 5. Determine the Surface Distress Index (SDI), 6. Budget Analysis in the BOSS software, 7. Prepare pavement final report. 3.1 Pavement Condition Assessment Roadway Asset Services, LLC (RAS) performed a pavement condition survey for Fountain Hills, AZ beginning November 3, 2022 and completed on November 12, 2022, covering approximately 168.22 centerline miles of roadway. RAS used a Roadway Asset Collection (RAC) vehicle to collect street level ROW images and Laser Crack Measurement System (LCMS-2) pavement images. The collected LCMS-2 pavement images were used to identify street segment pavement distresses and severities through analysis, while the 360-degree panoramic ROW images were used to confirm pavement distresses. Roadway networks are usually divided into three pavement surface types: asphalt (AC), Portland cement concrete (PCC), and unsurfaced (UNS). Due to the nature and scope of the project, pavement imagery and data were only collected on paved surfaces such as asphalt, pre-incorporation asphalt, and concrete roads. These types of roads (AC and PCC) account for most of the Town’s roadway, at approximately 166.44 centerline miles (98.9%) of total centerline miles (Table 2.1, Figure 2.2). To determine the general distress characteristics of each roadway segment, RAS utilized a RAC vehicle, which combines multiple engineered technologies to collect real-time pavement data, ROW data, and images at posted speed limits. This eliminates the need to place pavement inspection technicians in the field near vehicle traffic. A detailed listing and description of the RAC equipment is included in Section 10.0 of this report. Mobile image collection of the Town’s roadway network was accomplished through coordination with the Town’s GIS map provided for the survey areas, as displayed in Figure 3.1. Efforts associated with mobile image collection included review of client GIS street centerline file, route planning based on GIS street centerline, and coordination of existing construction projects along the Town’s streets. This project applied the ASTM D6433-11 ‘Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys’ pavement condition analysis method on collected LCMS-2 images to determine the road segment and network SDI. The ASTM D6433-11 method covers the process of quantifying pavement conditions and identifies pavement distress types, distress extent measurements, and distress severity to determine the deduct values for each distress type. ASTM D6433-11 outlines the method of SDI value calculation, which includes determining the deduct values, correcting for number of distresses in each survey sample, and calculating the PCI value by subtracting the maximum deduct value from one hundred. The ASTM D6433-11 procedure also outlines how the road network is divided into sections and sample units; first identifying the branches of the pavement with different uses, then dividing each branch into sections based on pavement design, construction history, traffic, and condition. RAS used the segmentation defined by Fountain Hills in their provided GIS database files. RAS used the option to evaluate 100% of the length of each 13 | P a g e lane driven by the RAC vehicle. Instead of averaging the number of sample units inspected within each section, RAS provided one PCI score, which was determined by measuring all the distresses and IRI within the driven lane to calculate the PCI for the entire section. Figure 3.1: Town of Fountain Hills, AZ Network Coverage Map 14 | P a g e The RAS RAC vehicle collects pavement and ROW images concurrently, approximately every 20 feet along each street segment. All pavement rating is done automatically through RAS’s Road Technical Rating Intelligence Program (Road TRIPTM) to ensure accurate distress capture and to minimize false positives using proper sensor settings and sound engineering definitions for each distress. International Roughness Index (IRI) and longitudinal profiles were collected using an ICC inertial profiling system in accordance with ASTM E950, AASHTO Standard M328-14, AASHTO R43-13, and AASHTO Standard R56-14. For the network collection project, RAS collected IRI data and presented the results in the final database based on the following: • Line lasers were used in each wheel path to increase repeatability of measurements and to reduce variability due to wheel path cracking and concrete tinning. • The ICC profiler routinely achieves 98%+ cross-correlations on certification sites, making it one of the most accurate devices available for IRI and profile measurement. • The operation and verification of the inertial profiling system shall be expertly conducted in accordance with AASHTO Standard R57-14. ROW images were also collected as part of this project. The RAC vehicle is configured with a Point Gray Ladybug 5+ 32MP 360-degree camera to provide a full panoramic image of the ROW, displayed in Figure 3.2. The images were captured at roughly 20-foot intervals and were post-processed using collected inertial and GPS data. The measuring of pavement width is accomplished utilizing the calibrated Ladybug imagery in conjunction with the LCMS-2 imagery and inertial GPS data. Using the 360-degree view of the ladybug, RAS can accurately and repeatably measure from edge of pavement to edge of pavement for each road segment. This provides a more accurate area calculation for better budgeting and forecasting. For cul-de-sac sections an average width measurement is taken for the straight portion and the bulb. RAS can also calculate the areas of each segment independently and get a true area of the cul-de-sac section. The length of a road segment is determined from the GIS database provided by the Town. RAS understands that the GIS is not always 100 % accurate. In these cases, after collection is complete, RAS can use the GPS trajectory of the van to determine the true beginning and ending of the road to get a more accurate length and ultimately more accurate area measurement. 15 | P a g e Figure 3.2: Right-of-Way Image Example 3.2 Pavement Condition Index (PCI) Calculation A pavement distress inventory consists of identifying specific pavement surface distress types that are associated with degradation of a pavement surface due to traffic loads, environmental factors, lack of maintenance and other anthropogenic or natural occurrences. The distress type is then assigned a severity rating (low/medium/high), and the extents of the distress type and severity are recorded. For this project, the pavement distress types, causes and measurements were inventoried utilizing the ASTM D6433-11 method. The inspections covered 100% of the length of a section for the outside lane of travel. Each street segment’s PCI was calculated utilizing Road TRIPTM. The calculation tool within Road TRIPTM is based on the ASTM D6433-11 method of calculating a street segment’s PCI value using the observed pavement distresses and severities in the inventory database and ASTM D6433-11 deduct curves for each distress type in combination with a normalized IRI value called a Roughness Index. 3.3 International Roughness Index (IRI) Calculation and Analysis As part of this project, IRI values were collected along the survey segments utilizing a high-speed three laser profiler. The IRI is a general measurement of the ride quality of a street section and was performed in accordance with AASHTO R 43-07 and ASTM E950. IRI indexes were obtained from measured longitudinal road profiles and were processed using a quarter-car model at 52.80-foot intervals (0.010/mi). RAS utilized a three-laser surface profiling system for evaluating the smoothness of the pavement. The profiler uses infrared lasers and precision accelerometer to obtain accurate and precise profile measurements. The values reported to the Town are in units of inches per mile. It should be noted that IRI indexes can “spike”, resulting in erroneous data being reported along sections of roads where slow speeds (below 15mph) are involved. Another cause of data spikes are abrupt stops caused by stop signs, slow going traffic, or road characteristics (gutter pans, manholes, etc...). Categorization of IRI indexes can vary from state to state and are typically determined by the agency (e.g., City, DOT, County, etc.). For this report, the results have been based on a common category system that has been in 16 | P a g e use by a variety of agencies (Table 3.1). The values for IRI should range from 0 to 550 inches/mile. Any values above 550 inches/mile are flagged and changed to be equal to 550 in/mi as they are caused by several reasons mentioned above. The lower the IRI number, the smoother the ride and conversely, higher the values indicate a rougher ride using IRI. Table 3.1: IRI Category Ranges by Miles & Percent of Area IRI Category IRI Value (in/Mile) Normalized IRI Value Centerline Miles % of Area Excellent < 136 86 – 100 24.96 18.59 Very Good 137 - 209 71 – 85 57.95 36.53 Good 209 - 257 61 – 70 33.60 18.97 Fair 258 - 305 51 – 60 18.80 9.90 Marginal 306 - 353 41 – 50 9.80 5.18 Poor 354-426 26 – 40 8.93 4.53 Very Poor > 426 0 – 25 12.40 6.03 4 Description of Distress Analysis Fully automated distress reduction methods are used to classify and rate the distress; therefore, acceptance checks are performed by viewing the pavement images. The data collection vehicle includes software programs that overlay the distress ratings directly on the pavement image to allow viewing of the image and ratings together. Checking of distress ratings is a manual process in which samples of data are visually inspected for accuracy of the ratings. Since distress rating checks are very time-consuming, we commonly begin sampling checks before data collection/rating is complete. Because of this overlap, there is an opportunity to promptly re-collect or resurvey any sections with data that do not meet quality criteria. Everything captured in the survey vehicle is GPS-tagged and allows for real time QC to ensure nothing is missed during data collection. RAS post-processes the pavement and Right-of-Way (ROW) imagery from the RAC vehicle for each day of image collection. A data collection session, which is referred to as a survey, begins when the RAC crew selects “Start” in the collection software on board the RAC vehicle and ends when they select “Stop.” In a single day, we will collect multiple survey sets. With a completed day of collection, RAS pavement engineers and GIS analysts use Pavemetrics® Road Inspect Software to generate all the source data used by Road TRIPTM. Every survey set is linked to a uniquely identified road segment, which is used as an identifier during the analysis of the sample area, then identification of the distress extent / severity, and ultimately the distress density for each road segment is added to the database. Figure 4.1 shows a few of the different tool’s RAS utilized within Road TRIPTM during the QC process. In the upper left corner, we can observe the segment ID, all the images linked to that segment, the rated distresses and exercise the option to manually add a patch area if the Road TRIPTM tool has not identified the patch. RAS utilizes Microsoft® Azure Computer Vision algorithm to identify patches. The algorithm has been specially tested and trained by RAS to produce accurate patch detection. The upper right corner displays the Ladybug images, which the user can toggle between forward, left, right, right-rear, or left-rear facing views. The lower left corner lists 17 | P a g e the distresses rated in the segment selected with the severity, quantity, density and how many points are deducted from the SDI based on the ASTM D6433-11 deduct curve values. The lower right corner displays the rutting measured by the Laser Profiler and visually displayed by the LCMS-2 3D data. Figure 4.1: RAS Pavement Analysis Tool Example This method of pavement distress inventory provides a quantifiable and repeatable process to the Town. Each street segment, in conjunction with the pavement and ROW imagery, allows pavement engineers to review each road segment, allowing for an open quality control process that is defendable and repeatable. Road TRIPTM uses the depth map created by the Laser Crack Measurement System (LCMS) to locate the valleys and fissures within the surface of the roadway. These valleys and fissures are then measured and rated. Figures 4.2 and 4.3 display an example of distress overlay images. 18 | P a g e Figure 4.2: LCMS Post PCI Processing Image The yellow line indicates the boundary of rated sample, green, yellow, and red dotted lines indicate longitudinal and transverse cracking (LT) of low, moderate, and high extent. The blue lines are sealed cracks detected by the LCMS and are attributed to the low severity linear crack category. The pink, magenta, and violet lines indicate areas of low, moderate, and high severity alligator cracking that has been filtered because it does not meet minimum length or width requirements. The measurements on the right side of the image are the length for longitudinal / transverse (LT) cracking in meters, the area in square meters for alligator cracking (Acrk) and the number of potholes (Pot) or count. Refer to Figure 4.3 for an example. The LCMS has been set up to follow the ASTM D6433 protocols to determine the severity of each distress. Each distress is defined by ASTM D6433, and the severity levels are presented as measurable attributes of the distress. For example, longitudinal and transverse cracks are defined by the crack width; where non-filled cracks with a width less than 3/8 inch or filled cracks of any width are considered low severity. Moderate severity is defined as non-filled cracks with a width between 3/8 inch and 3 inches. High severity is defined as cracks greater than 3 inches in width or those surrounded by moderate to high severity cracks. The overlay images provide a visual means by which to review the sensor. 19 | P a g e Figure 4.3: Example of Distress Overlay Images 20 | P a g e 5 Results The overall pavement network health of the Town of Fountain Hills can be assessed by reviewing Figure 5.1 in more detail. This graph illustrates the percentage of the network by area that falls into each descriptive condition category. A few areas for review are as follows: • Shape of Distribution – the graph illustrates a distribution that is shifted to the right and peaks between a PCI of 71 to 85. This is indicative of a municipality that has an ongoing maintenance program and is actively re-investing in the roadway network using preventative measures. • Average PCI – The Town’s network average PCI score is 69 and slightly above the averages that are typically seen across the Country between a 60 to 65. • Excellent Roads – Currently 16.4% of the Town’s roadways fall into the Excellent condition category which is slightly above the average of 15%. This is also indicative of an agency that is actively re-investing in the roadway network. • Backlog – these are the roads that fall below a PCI of 40 and land in the Poor or Very Poor condition categories. Currently less than 6% of the roadway network falls into this category, which is a healthy number. However, current status can often be deceiving as backlog can grow at an alarming rate. The funding scenarios discussed further in this report will illustrate that the Town’s current budget is not adequate to arrest the growth in backlog over the next 5-year period. Table 5.1: Town of Fountain Hills, AZ Condition Scale Pavement Condition Index (PCI) Condition Description 86 – 100 EXCELLENT 71 – 85 VERY GOOD 61 – 70 GOOD 51 – 60 FAIR 41 – 50 MARGINAL 26 – 40 POOR 0 – 25 VERY POOR 21 | P a g e 5.1 Pavement Condition Index Results Table 5.2: Town of Fountain Hills, AZ PCI Ranges by Percent of Centerline Miles Pavement Condition Index (PCI) Range Condition Description Total Distance (Miles) Total Area (Sq. Yd.) Percent of Network By Centerline Miles 86 – 100 Excellent 27.28 606,319 16.4% 71 – 85 Very Good 54.03 1,217,767 32.5% 61 – 70 Good 30.76 636,866 18.5% 51 – 60 Fair 26.77 534,470 16.1% 41 – 50 Marginal 17.23 337,707 10.4% 26 – 40 Poor 9.43 184,142 5.7% 0 – 25 Very Poor 0.93 15,395 0.6% Total of Rated Segments 166.44 3,532,666 100% Figure 5.1: Town of Fountain Hills, AZ PCI Ranges by Percent of Area 22 | P a g e Figure 5.2: Town of Fountain Hills, AZ PCI Ranges by Percent of Area for Asphalt Roads Figure 5.3: Town of Fountain Hills, AZ PCI Ranges by Percent of Area for Pre- Incorporation Asphalt Roads The PCI value for each road segment can be viewed in the Town’s database. The average of the road segment PCI values for the collected roads within the survey areas was calculated to be 69 at the time of collection. This value indicates the roadway network is in a ‘Good’ condition. 23 | P a g e Figure 5.4 displays the Pavement Condition Index distribution throughout the Town’s survey area. Figure 5.5 displays an example zoomed-in PCI map with the actual PCI values for each roadway section. Figure 5.4: Town of Fountain Hills, AZ PCI Distribution Map 24 | P a g e Figure 5.5: Town of Fountain Hills, AZ PCI Example Map 25 | P a g e 5.2 International Roughness Index Results Figure 5.6 displays the International Roughness Index distribution (IRI) throughout the Town’s survey area roads. Figure 5.7 displays an example zoomed-in IRI with the normalized IRI values for each roadway section. Figure 5.6: Town of Fountain Hills, AZ IRI Distribution Map 26 | P a g e Figure 5.7: Town of Fountain Hills, AZ Normalized IRI Example Map 27 | P a g e 5.3 Distress Breakdown by Severity Figure 5.8 and Table 5.3 display the types of distresses found on the Town’s asphalt roads. Figure 5.8: Town of Fountain Hills, AZ Asphalt Distress Breakdown Table 5.3: Town of Fountain Hills, AZ Asphalt Distress Breakdown by Severity Asphalt Distress Breakdown by Severity Type Low Moderate High Alligator Cracking 0.7% 0.1% 0.0% Block Cracking 4.3% 0.1% 0.0% Long / Trans Cracking 8.6% 1.0% 0.0% Patching 0.3% 0.0% 0.0% Potholes 0.0% 0.0% 0.0% Rutting 0.2% 0.0% 0.0% Weathering 84.5% 0.1% 0.0% 28 | P a g e 6 Pavement Maintenance/Preservation Funding RAS performed several five-year pavement maintenance and preservation program scenarios for the Town’s consideration using the Budget Optimization Street Selector (BOSSTM) software. The analysis runs a series of 10 profile models of increasing budgets to define how the Town’s budget will impact network PCI and network backlog. The scenarios include very small budgets, well below current funding and very large scenarios, well above current funding levels. The results from all scenarios are then used to establish a funding level trend. This approach will answer specific funding questions asked at the time of analysis but will also provide a method to answer funding questions after the analysis is complete. Most segments that are collected are also analyzed. However, in some cases this may not be the case, and certain totals such as lengths or segment counts may differ between collection and analysis. This includes, but is not limited to, requests from the client, legally disputed areas, and roads that the client is not required to maintain. 7 Scenarios and Budget Estimates 7.1 Deterioration curves Deterioration curves were established for each roadway pavement type (asphalt and pre-incorporation asphalt) and follow similar degradation standards as outlined by ASTM D6433 and the US Army Corps of Engineers. A degradation analysis was attempted through comparison of the new 2022 inspection data to the Town’s legacy data captured in 2018. To do so, RAS analyzed the deterioration of roadways that had not received treatment during that time to better understand the rate of degradation. In future pavement condition assessments, it is always suggested that the current consultant conduct a thorough comparison of the current inspection data against the previous condition assessment. Such an analysis will allow for further refinement of the pavement deterioration curves to ensure they reflect reasonable rates of degradation in Fountain Hills. This should be conducted after every pavement condition update. Reviewing deterioration rates for unmaintained roads as part of each condition data collection cycle and adjusting deterioration curves is a recommended best practice. The pavement deterioration curves were assembled to establish a 100 - 0 deterioration curve for each pavement type. The curve represents the deterioration of roads without maintenance applied such that appropriate maintenance and rehabilitation can be triggered at the appropriate time. As seen in the typical pavement degradation curve illustrated in Figure 7.1 on the following page, the purpose of pavement management is to trigger an appropriate rehabilitation on the right road and at the right time in an effort to maximize the roadways design life and reduce the total cost of roadway ownership. 29 | P a g e Figure 7.1: Typical Pavement Life Cycle Curve 7.2 Treatment Activities and Cost Tables 7.1 to 7.4 summarize the maintenance strategy for roads within a PCI range, the cost of the maintenance per square yard, and the assumed PCI impact for each type of maintenance. The costs displayed in Tables 7.1 to 7.4 show the unit rate for roads with different strengths (defined by calculating the density of load associated distresses for each segment), where the rates are increased to consider structural patch work needed in the moderate and weak roads, these are Identified with Patching x1 and Patching x2 respectively. The treatment activity “Full Depth Reconstruction + Subgrade Prep” is for Pre-Incorporation Asphalt roads and have a different PCI range (0 to 60) than typical asphalt roads (0 to 40). A 5% inflation rate per year was applied to the maintenance and rehabilitation activity costs in the 5-year models. Table 7.1: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Arterial Roads) (Inflated to 2023 Rates) Treatment Min PCI Critical PCI Max PCI Cost per SY Priority Reset Value Do nothing 85 97 100 $0.00 500 0 Surface Preservation 70 73 85 $1.58 300 +10 Surface Preservation + Patching x1 70 73 85 $2.63 200 +10 Surface Preservation + Patching x2 70 73 85 $3.68 200 +10 Micro Surface 60 63 70 $4.73 100 +20 Micro Surface + Patching x1 60 63 70 $5.78 100 +20 Micro Surface + Patching x2 60 63 70 $6.83 100 +20 Mill & Overlay 40 43 60 $67.69 500 Fixed 95 Mill & Overlay + Patching x1 40 43 60 $68.74 300 Fixed 95 Mill & Overlay + Patching x2 40 43 60 $69.79 300 Fixed 95 Surface Reconstruction 30 33 40 $70.35 200 Fixed 99 Surface Reconstruction + Patching X1 30 33 40 $71.40 500 Fixed 99 30 | P a g e Table 7.2: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Alleys) (Inflated to 2023 Rates) Treatment Min PCI Critical PCI Max PCI Cost per SY Priority Reset Value Do nothing 85 97 100 $0.00 500 0 Surface Preservation 70 73 85 $1.58 300 +10 Surface Preservation + Patching x1 70 73 85 $2.63 400 +10 Surface Preservation + Patching x2 70 73 85 $3.68 400 +10 Slurry Seal 60 63 70 $3.60 100 +20 Slurry Seal + Patching x1 60 63 70 $4.65 100 +20 Slurry Seal + Patching x2 60 63 70 $5.70 100 +20 Mill & Overlay 40 43 60 $50.77 200 Fixed 95 Mill & Overlay + Patching x1 40 43 60 $51.82 200 Fixed 95 Mill & Overlay + Patching x2 40 43 60 $52.87 200 Fixed 95 Full Depth Reconstruction 0 20 40 $57.11 300 Fixed 99 Full Depth Reconstruction + Subgrade Prep 0 40 60 $67.69 200 Fixed 99 Table 7.3: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Collector Roads) (Inflated to 2023 Rates) Treatment Min PCI Critical PCI Max PCI Cost per SY Priority Reset Value Do nothing 85 97 100 $0.00 600 0 Surface Preservation 70 73 85 1.58 500 +10 Surface Preservation + Patching x1 70 73 85 2.63 500 +10 Surface Preservation + Patching x2 70 73 85 3.68 300 +10 Slurry Seal 60 63 70 3.60 100 +20 Slurry Seal + Patching x1 60 63 70 4.65 100 +20 Slurry Seal + Patching x2 60 63 70 5.70 100 +20 Mill & Overlay 40 43 60 50.77 300 Fixed 95 Mill & Overlay + Patching x1 40 43 60 51.82 200 Fixed 95 Mill & Overlay + Patching x2 40 43 60 52.87 200 Fixed 95 Surface Reconstruction 30 33 40 53.55 200 Fixed 95 Surface Reconstruction + Patching X1 30 33 40 54.60 300 Fixed 95 Surface Reconstruction + Patching x2 30 33 40 55.65 500 Fixed 99 Full Depth Reconstruction 0 20 30 57.11 400 Fixed 99 Full Depth Reconstruction + Subgrade Prep 0 40 60 67.69 200 Fixed 99 31 | P a g e Table 7.4: Town of Fountain Hills, AZ - Maintenance Suggestion by PCI Range (Local Roads) (Inflated to 2023 Rates) Treatment Min PCI Critical PCI Max PCI Cost per SY Priority Reset Value Do nothing 85 97 100 $0.00 500 0 Surface Preservation 70 73 85 $1.58 200 +10 Surface Preservation + Patching x1 70 73 85 $2.63 300 +10 Surface Preservation + Patching x2 70 73 85 $3.68 400 +10 Slurry Seal 60 63 70 $3.60 100 +20 Slurry Seal + Patching x1 60 63 70 $4.65 100 +20 Slurry Seal + Patching x2 60 63 70 $5.70 100 +20 Mill & Overlay 40 43 60 $33.84 200 Fixed 95 Mill & Overlay + Patching x1 40 43 60 $34.89 200 Fixed 95 Mill & Overlay + Patching x2 40 43 60 $35.94 200 Fixed 95 Full Depth Reconstruction 0 20 40 $40.18 300 Fixed 99 Full Depth Reconstruction + Subgrade Prep 0 40 60 $50.77 200 Fixed 99 Each maintenance strategy has a critical and non-critical PCI range. Streets that are not maintained when they are in critical range will deteriorate into the next category of maintenance and will become more expensive the following year. The analysis prioritizes segments in the critical PCI range over segments that are in the non- critical PCI range. Given an unlimited budget, the analysis will select all segments in the critical PCI range followed by all segments in the non-critical PCI range. Each maintenance strategy has a Cost of Deferral Priority which prioritizes selections within the critical PCI range (within 2-4 points of dropping into the next rehabilitation activity) and within the non-critical PCI range. The order is sequenced by prioritizing the segments that cost more to defer than segments that cost less to defer, starting with the critical segments first. For example, the cost of deferring a critical Micro Surface at $4.73/sqyd to a mill & overlay at $67.69/sqyd is $62.96/sqyd. The cost of deferring a mill & overlay at $67.69/sqyd to a full reconstruction at $ 70.35/sqyd is $2.66/sqyd. The financially optimized model will prioritize the critical selections first and if there is funding left over, non-critical selections will then be selected and prioritized using the very same cost of deferral sequencing. 7.3 Scenarios A variety of scenarios have been run to provide an understanding of the relationship between funding levels and the corresponding impact to network PCI and backlog. For this analysis, all roads having a PCI < 40 were considered backlog. 7.3.1 Do-Nothing The Do-Nothing budget models the impact of applying zero maintenance. While it is not a scenario that occurs in practice, the Do-Nothing budget provides an understanding of the rate at which the level of service of the street network will deteriorate without maintenance and ensures the modeling engine is properly applying deterioration over time. In Figure 7.2 (page 35) The blue line represents the PCI trend if there is zero maintenance applied for the next 5 years. The network PCI would drop to 57 as well as increasing the backlog to 22.5%. 32 | P a g e 7.3.2 Unlimited Funding (Fix All) and Distribution of Costs The Fix All analysis identifies the current maintenance deficiency of the network. Based on the Fix All analysis, the Town needs a total budget of $64,000,424 to treat all roads with an appropriate maintenance and rehabilitation activity based on its current condition. The Town’s greatest maintenance need by funding is the Full depth reconstruction + subgrade prep for Pre-Incorporation Asphalt with 75.03% percent of the total cost for a total of $48,025,763. It is important to note that a Micro Surface or a Slurry Seal has the highest cost of deferral and if critical roadways in this category are deferred, they will increase the already growing backlog of the network. 33 | P a g e Table 7.5: Town of Fountain Hills, AZ – Fix All Analysis by Treatment Type Pavement Type Treatment Code Treatment Area (%) Cost ($) Cost (%) Asphalt 200 Surface Preservation 31.57% 1,491,471 2.33% Asphalt 202 Surface Preservation + Patching x2 1.89% 208,083 0.33% Asphalt 300 Micro Surface 0.49% 69,268 0.11% Asphalt 302 Micro Surface + Patching x2 1.98% 405,237 0.63% Asphalt 310 Slurry Seal 10.86% 1,169,345 1.83% Asphalt 312 Slurry Seal + Patching x2 4.09% 697,634 1.09% Asphalt 400 Mill & Overlay 3.45% 3,689,378 5.76% Asphalt 402 Mill & Overlay + Patching x2 4.46% 5,359,328 8.37% Asphalt 600 Full Depth Reconstruction 1.12% 1,534,789 2.40% Pre- Incorporation Asphalt 200 Surface Preservation 3.67% 173,277 0.27% Pre- Incorporation Asphalt 202 Surface Preservation + Patching x2 0.04% 4,196 0.01% Pre- Incorporation Asphalt 300 Micro Surface 0.54% 76,874 0.12% Pre- Incorporation Asphalt 302 Micro Surface + Patching x2 0.78% 158,509 0.25% Pre- Incorporation Asphalt 310 Slurry Seal 1.99% 214,557 0.34% Pre- Incorporation Asphalt 312 Slurry Seal + Patching x2 4.24% 722,715 1.13% Pre- Incorporation Asphalt 610 Full Depth Reconstruction + Subgrade Prep 28.83% 48,025,763 75.03% 7.3.3 Steady State Network PCI (SS PCI) The Network PCI is generally accepted as the street networks measure of level of service to the community. The purpose of the Steady State Network PCI analysis is to identify the budget needed to maintain the network PCI as it was surveyed in 2022 and provide a steady level of service to the community. 34 | P a g e Approximately $3,200,000 per year is needed to maintain a Network PCI of 69. However, looking at PCI alone does not tell the whole story as backlog continues to grow while the network average PCI is maintained. At this funding level, the network average backlog would grow to 12.5% of the network. Figure 7.2 indicates that a budget of approximately $3,200,000 per year is needed to maintain a network PCI of 69 and maintain a consistent level of service to the community. This budget scenario already accounts for the $8,500,000 of CARES Act funding that is being dedicated to the residential roadway network in Fiscal Year 2023 and Fiscal Year 2024. The remaining $3,200,000 Steady State PCI budget was optimized to select maintenance and rehabilitation candidates in the most financially sound manner possible using a cost of deferral analysis that identifies critical roadways. Figure 7.2: Town of Fountain Hills, AZ - PCI Trend by Budget Scenario 7.3.4 Steady State Backlog Budget (SS Backlog) Backlog is the term generally used to describe roads that have a PCI equal to or less than 40 and need surface or full reconstruction. These roads provide the worst level of service to the community and are the most expensive to repair. The purpose of the Steady State Backlog analysis is to identify the budget needed to maintain the network backlog as it was surveyed in 2022 and not let the percent of lowest service level roads increase. Approximately $6,500,000 annually is needed to maintain a Network backlog of 5.3%. Figure 7.3 can be used to predict the Town’s backlog at different budget levels. 35 | P a g e Figure 7.3: Town of Fountain Hills, AZ - PCI Trend by Budget Scenario 7.3.5 Sample Maintenance Budgets versus PCI Improvement Ten sample maintenance budgets were run to define the relationship between budget levels and network PCI. The 5-year budget scenario is set to start in fiscal year 2023 and end in fiscal year 2028. With the Town’s current budget, the network’s condition will decrease to 67 and the backlog will increase to 15.3% in Fiscal Year 2028. This budget scenario already accounts for the $8,500,000 of CARES Act funding that is being dedicated to the residential roadway network in Fiscal Year 2023/24 and Fiscal Year 2024/25. The remaining $2,125,000 Town annual budget was optimized to select maintenance and rehabilitation candidates in the most financially sound manner possible using a cost of deferral analysis that identifies critical roadways. Figure 7.4 can be used to answer and predict the network PCI at any funding level between $0 per year and $7,000,000 per year. Figure 7.4 was used to predict the PCI at the following budgets in Table 7.7. Fix All = $64M Average PCI = 85 Minimum PCI = 73 36 | P a g e Figure 7.4: Town of Fountain Hills, AZ - Predicted 5-Year Pavement Condition Index Outlook Table 7.6: Town of Fountain Hills, AZ - Predicted 5-Year Overall Condition Index Outlook Budget Network PCI $1,000,000.00 66 $1,500,000.00 67 $2,000,000.00 67 $2,500,000.00 68 $3,000,000.00 69 $4,000,000.00 70 $5,000,000.00 72 $6,000,000.00 75 $7,000,000.00 77 8 Summary In conclusion, Fountain Hills pavement is in good condition with a network average PCI of 69. However, it is worth nothing that this is a network wide average, resulting in roadways that are much higher and much lower than the average. At the Town’s current level of funding ($2.125M annually), the Town’s backlog (roads below a PCI of 40) continues to grow to 15.3% over the next 5 years, larger than the target backlog of 8%. The biggest challenge for Town staff will be to determine the level of rehabilitation necessary for pre-incorporation roadways and those level of service decisions will directly impact future funding requirements. In addition, there will come a point in each roadway’s life cycle where it no longer benefits from preservation and will need more progressive rehabilitation such as an overlay. The Town’s current budget of $2.125M dedicated to pavement management is insufficient to maintain the network’s current PCI of 69 and will decline to an average PCI of 67 over the next 5 years. To control the growth of backlog below the target threshold of 8% would require $5,000,000 annually and the net benefit to PCI would be a jump in the average PCI to 72. 37 | P a g e 9 Appendix I: Distress Definitions (Colorado State University) • AC Bleeding & Pumping (ft2) represents excessive use of bituminous binder in the asphalt mix. • AC Fatigue (Alligator) Cracking (ft2) is associated with fatigue due to traffic loading and visually looks like interconnected cracks forming small pieces ranging in size from about 1” to 6” typically in the wheel path. • AC Block Cracking (ft2) usually intersect at nearly right angles and range from one foot to 10’ or more across. The closer spacing indicates more advanced aging caused by shrinking and hardening of the asphalt over time. • AC Edge Cracking (ft) is parallel to and usually within 1.5 feet of the outer edge of the pavement. This distress is accelerated by traffic loading and can be caused by frost-weakened base or subgrade near the edge of the pavement. • AC/PCC Lane/Shoulder Drop-off (ft) is a difference in elevation between the pavement edge and the shoulder. This distress is caused by shoulder erosion, shoulder settlement, or by building up the roadway without adjusting the shoulder level. • AC Linear Cracking (trans/long) (ft) typically occurs in overlays where the crack is reflected through the overlaying asphalt surface. • AC Patching (ft2) is an area of pavement that has been replaced with new material to repair existing pavement. • AC Potholes (count) are small, usually less than 30 inches in diameter, bowl-shaped depressions in the pavement surface. Generally, have sharp edges and vertical sides near the top of the hole. • AC Raveling & Weathering (ft2) is loss of pavement material from the asphalt surface. Typically raveling is caused by stripping of the bituminous film from the aggregate or hardening of asphalt due to aging. Poor compaction, especially in cold weather construction, or insufficient asphalt content can also cause raveling. • AC Slippage Cracking (ft2) are crescent of half-moon shaped cracks, usually transverse to the direction of travel. They are produced when braking or turning wheels cause the pavement to slide or deform. • AC Rutting (ft2) is a surface depression in the wheel paths. • PCC Corner Break (slab count) is a crack that intersects the joints. Load repetition combined with loss of support and curling stresses usually cause corner breaks. • PCC Divided Slab (slab count) is when a slab is divided into four or more pieces due to overloading, or inadequate support. • PCC Durability “D” Cracking (slab count) is caused by freeze-thaw expansion of the large aggregate, which gradually breaks down the concrete. Usually appears as a pattern of cracks running parallel and close to a joint or linear crack. • PCC Joint Sealant Damage (slab count) is any condition that enables soil or rocks to accumulate in the joints or allows significant water infiltration. • PCC Linear Cracking (trans/long) (slab count) divide the slab in two or three pieces and are usually caused by a combination of repeated traffic loading, thermal gradient curling and repeated moisture loading. 38 | P a g e • PCC Patching, Large/Utility Cut (slab count) is an area where the original pavement has been removed and replaced by new pavement. • PCC Patching, Small (slab count) is an area where the original pavement has been removed and replaced by filler material. • PCC Polished Aggregate (slab count) is caused by repeated traffic applications. There are no rough or angular aggregate particles to provide good skid resistance. • PCC Popouts (slab count) are small pieces of pavement that breaks loose from the surface due to freeze- thaw action, combined with expansive aggregates. Usually range in diameter from 1 to 4 inches and in depth from ½ to 2 inches. • PCC Punchout (slab count) is a localized area of the slab that is broken into pieces. This distress is caused by heavy repeated loads, inadequate slab thickness, loss of foundation support or localized concrete construction deficiency. • PCC Scaling/Map Cracking/Crazing (slab count) is a network of shallow, fine or hairline cracks that extend only through the upper surface of the concrete. Usually caused by concrete over-finishing and may lead to scaling, which is the breakdown of the slab surface to a depth of ¼ to ½ in. • PCC Shrinkage Cracks (slab count) are hairline cracks usually less than 6 feet long and do not extend across entire slab. They are formed during the setting and curing of the concrete and do not extend through the depth of the slab. • PCC Spalling, Corner (slab count) is the breakdown of the slab within 1.5 feet of the corner. Usually caused by traffic loading or infiltration of incompressible materials, weak concrete and/or water accumulation and freeze-thaw action. • PCC Spalling, Joint (slab count) is the breakdown of the slab edges within 1.5 feet of the joint. Usually caused by traffic loading or infiltration of incompressible materials, weak concrete and/or water accumulation and freeze-thaw action. 10 Appendix II: Automated Data Collection Equipment 10.1 Roadway Asset Collection (RAC) Vehicle To determine the general distress characteristics of each roadway segment, RAS utilized one of our RAC vehicles, presented in Figure 10.1, to collect street level (ROW) imagery and downward (LCMS-2) pavement imagery. The RAC vehicle components include: Navigation System • Inertial Measurement Unit (IMU): Generates a true representation of vehicle motion in all three axes; producing continuous, accurate position and orientation information. • PCS: Applanix POS/LV Computer System with DGPS (Provides accurate GPS coordinates for each subsystem) enables raw GPS data from as few as one satellite to be processed directly into the system, to compute accurate positional information in areas of intermittent, or no GPS reception. • GPS Receivers: Embedded GPS receivers provide heading aiding to supplement the inertial data. Laser Crack Measuring System (LCMS-2) 39 | P a g e • GPS Antennas: Two GPS antennas generate raw observables data. • Sub-meter accuracy: The system is rated to get 0.3 m accuracy in the X, Y position and 0.5 m in the Z position. Distance Measuring Indicator (DMI) • Computes wheel rotation information to aid vehicle positioning and collect high-resolution imagery at posted speeds. Cameras • Point Gray Ladybug 5+ 32MP 360 camera (Utilized for accurate ROW asset capture and extraction). This system is far superior to multiple mounted independent HD cameras others use. Pavement Imaging System • Second-generation Pavemetrics Laser Crack Measurement System (LCMS-2) provides 1mm resolution pavement imagery for automatic and continuous measuring of pavement cracking, texture, rutting geometrics, and other pavement distresses. • LCMS-2 camera is a laser array providing images used to evaluate data that conforms with ASTM D6433 protocols and provides a detailed array of data using two 1-millimeter resolution line scan cameras. A 1mm resolution is equivalent to over 4,000 laser points across the driven lane. • Allows fully illuminated pavement image collection even in heavy shadow/canopy areas. Pavement Ride Quality • An inertial profiler with line lasers (Used to capture International Roughness Index (IRI) measurements). Ladybug 360o Right-of-Way Camera NCAT Certified 3-Laser Profiler 40 | P a g e Figure 10.1: RAS RAC Vehicle 10.2 Quality Control/Assurance All subsystems for the RAS vans are integrated using International Cybernetics Corporation’s (ICC) collection core with tight synchronization between all data streams on the van in real-time, referenced to both time and distance. All sensor locations are calibrated to the vehicle, together with the GPS and IMU, using 3D translations and rotations. This allows for the rapid calculation of the precise location of all sensor data. The RAC vehicle has received independent inertial profiler certification for accuracy and repeatability from the National Center for Asphalt Technology at Auburn University. RAS RAC image collection includes a daily check of the on-board systems. This vehicle component check includes a calibration site survey of a nine-point grid in state plane coordinates (Figure 10.2). Each morning and afternoon, before and after a day’s image collection, the RAC vehicle drives over the surveyed location. The RAC technician then extracts each point’s location to verify the location of the point extracted was within approximately three feet of the surveyed points. RAS’ QA/QC manual includes further details regarding RAC quality control procedures. Figure 10.2: 9-Point Calibration Site Example Calibration of the laser profiling system includes laser sensor checks and block tests to ensure the accuracy of the height sensors, accelerometer calibration “bounce tests” to verify proper functioning of the height sensors and accelerometers and distance calibration to ensure accuracy of the DMI. Calibration of the DMI and some accelerometers occurs during field testing, and each is checked and recalibrated on a regular basis. During image collection, the RAC technician reviews the images collected on-screen as they are collected and any issue with image clarity requires the collection run to end and the image quality issue to be resolved. This 41 | P a g e provides real-time verification that the equipment is operating correctly. Once resolved, the collection run begins from the beginning for the road segment collected. The RAC technician also monitors GPS reception during collection. If GPS reception is lost measured using positional dilution of precision (PDOP), the RAC technician stops the collection and resolves the GPS reception issue. Collection begins again once the GPS reception issue is resolved. The RAC technician will check each camera’s exposure rate, image quality and GPS and IMU operation to ensure the RAC system is recording the image, GPS, DMI and IMU data and that the GPS location is within the stated project tolerance. Each day’s image and road data collection are recorded on an RAC server. Each night, the day’s collection data is backed up to an external hard drive. The external hard drives are then mailed back to RAS’ project office where the data is placed on a production server for post-processing of images and data, quality control review and pavement distress inventory. The QC program for pavement condition data collection typically includes random sample audits, inter-rater reproducibility and data checks for accuracy and repeatability of the results. For this survey project random samples of the pavement condition data were selected and checked by the lead rater or QC personnel. If the pavement condition ratings did not meet quality standards, corrective action was taken, and the entire section was reviewed. Cameras • High-definition cameras with precision lenses allow for accurate asset extraction and video log recording, but with lower frame rate: 15 images per second, with lower 1936x1456 color resolution. Pavement Imaging System • Two line-scan cameras and lasers configured to image 4m transverse road sections with 1 mm resolution (4000 pixel) at speeds that can reach 100 km/h, upgraded to the 3D imagery of the LCMS-2 camera system. 10.3 LCMS-2 Downward-facing LCMS-2 pavement imagery is collected for use in quantifying distress type, severity, and extents present on segments of road. The resolution of the imagery allows for distresses to be easily identified and measured during the analysis portion of the contract. Pavemetrics’ Laser Crack Measurement System (LCMS) is a high-speed and high-resolution transverse profiling system. Capable of acquiring full 4-meter width 3D profiles of a highway lane at normal traffic speed, the system uses two laser profilers that acquire the shape of the pavement. Both the resolutions and acquisition rate of the LCMS are high enough to perform automatic cracking detection, macro- texture evaluation, rutting measurements, and much more. Custom optics and high-power pulsed laser line projectors allow the system to operate in full daylight or in nighttime conditions. Road profile data is collected onboard the inspection vehicle. 10.4 Profile A road profile is a set of (X,Z) data points captured along the transversal axis of the road. A profile is captured each time the LCMS controller receives a trigger signal from the vehicle's odometer. Typically, the LCMS system can capture one road profile every few millimeters (5 mm at 100km/h). Each profile consists of up to 4160 data points. This value will be referred to later in this document as being the number of points per profile. The longitudinal profile of the road is generated by measuring its shape along an imaginary line in the direction of travel or longitudinal axis of the road. The longitudinal profile can then be used to compute various roughness 42 | P a g e indexes such as the IRI (International Roughness Index). The following guidelines should be followed to ensure proper readings from the Roughness subsystem: • Maintain the recommended tire pressure. • Ensure the wheels are balanced. • Drive at speeds between 15.5 mph and 60 mph. • Avoid quick accelerations and decelerations and sudden changes in direction. A road section is a set of consecutive profiles that are merged and saved in a common file. A road section can be seen as a set of 3D coordinates (X, Y, Z), where X is the coordinate along the transversal axis of the road, Y along the longitudinal axis, and Z is the depth axis, as displayed I Figure 10.3. The road section length is configurable and is set by the user before starting the acquisition. A typical road section length is between 5 to 10 meters. Figure 10.3: LCMS Data Definition Z Y X CASC Report Page 1 Fountain Hills CITIZEN ADVISORY STREETS COMMITTEE REPORT June 20, 2023 A “FIX-ALL-NOW” PROGRAM CASC Report Page 2 The Citizens Advisory Streets Committee (CASC) was presented a mission at its first meeting on September 29, 2021, to address street conditions and funding options, and make recommendations to the Town Council. During the process of studying available data the committee concluded new information was needed to determine current street conditions and subsequently the Town authorized Roadway Asset Services in 2022 to laser-test the entire network. This Report represents the Committee’s evaluation of current data and provides recommendations to repair and maintain Fountain Hills streets. Contents I. Executive Summary II. Overview III. A Fix-All-Now Program IV. Funding Options V. Recommendations VI. Summary VII. Appendix A. Talking Points B. Pavement Lifecycle C. Additional Considerations D. A “Roadmap” Forward E. Cost Estimations F. Volunteer CASC Members CASC Report Page 3 Executive Summary The street network evaluation conducted by Roadway Asset Services, LLC (RAS) reveals that while pavement conditions in Fountain Hills are generally considered ‘good’ with an average Pavement Condition Index (PCI) of 69, nearly half of all streets fall below the average. The current annual funding level of $2.125 million is insufficient to address the backlog of streets with a PCI below 40, which is projected to increase to 15.2% over the next few years, surpassing an industry standard target backlog of 8%. The primary challenge for Town staff is determining needed repairs for pre- incorporation streets (1989), which impacts future funding requirements. It is important to note that at a certain point in pavement life cycle, maintenance preservation measures will no longer suffice, and more extensive rehabilitation, such as overlays, will be necessary and more costly. Given the current budget, the network’s average PCI is expected to drop to 67 over the next five years, highlighting the insufficiency of funds to achieve acceptable PCI levels. It is evident that “business as usual” will not yield different results in the future. To address these issues, the Citizens Advisory Streets Committee (CASC) recommends a comprehensive “Fix-All-Now” program that requires an additional $50 million in funds (including intersection improvements). This program aims to improve the street network to a “PCI 70-Threshold” level, ensuring that the existing $2.125 million street revenue sources are sufficient for future maintenance. The proposed amount considers the allocation of nearly $8 million in Federal Covid relief funds already directed by the Town Council to street repairs. Historically, funding for street improvements has relied on general funds, sales taxes, state-shared revenues, regional funds, and grants, but these sources have proven to be inadequate to prevent the deterioration of an increasing number of streets. The CASC suggests that traditional options like bonds should be considered, weighing the benefits of lower interest costs with a 5-year plan versus a higher annual secondary property tax, or higher interest costs with a 20-year plan and a lower annual tax. In summary, the CASC emphasizes the urgent need for increased funding and the implementation of a large-scale rehabilitation program. Failure to invest adequately in street infrastructure will result in significant future challenges and a continued decline in pavement conditions throughout the community. CASC Report Page 4 Overview During the past 20 months the CASC examined three street network reports: one developed in 2008 by Stantec Consultants, another in 2018 by Infrastructure Management Services (IMS), and a third in 2023 by Roadway Asset Services (RAS). During that time questions were raised, many matters were investigated, and on May 15, 2023, final CASC comments were submitted to generate this report. The Fountain Hills Street network has nearly 4.2 million square yards of pavement for which the Town has responsibilities for about 3.5 million square yards (85%), or 166 miles. The other 15% are in gated ‘communities’ where sustaining street conditions are the responsibility of a HOA. Before the Town was incorporated in 1989, many streets were constructed by developers before ‘standards’ were adopted, and many are now 34-50 years old. In the past decade maintenance/repairs have been a mix of activities totally dependent on the funds available which have varied from $1.7M to $3.9M each year. Since 2016, $14.8M has been spent on streets, nearly 70% having occurred in the past 4 years. For several decades, monies spent on streets and intersections have come from a combination of general funds including sales taxes, state-shared revenues, regional funds, and grants, but the total funds were never enough; streets continued to deteriorate. Following the Stantec Report, voters were asked in 2011 to approve an influx of new money, but a $29M, 10-year bond package was rejected 55-45. Then two years later, in 2013, voters did approve 67-33 an $8.2M, 5-year bond for the total reconstruction of a single project, Saguaro Blvd. And following the IMS Report, after the Saguaro bonds were paid off, voters were asked in 2018 to approve a $7M Primary Property Tax (PPT) with $4M being promised to be spent annually to repair and sustain the network, but it was rejected 60-40. Now, following the RAS Report, it’s de- ja-vu again; more street funds are needed. Using RAS PCI data, RAS square yardage, and RAS unit costs, the CASC has concluded that $50M of additional funds are needed (including intersection improvements) to position the community so the existing $2.125M street revenue sources will be sufficient to maintain the network thereafter. To accomplish that, an ‘outside-the-box’ 5-year “Fix-All-Now” program is suggested that will improve the street network to a “PCI 70-Threshold” level. (The $50M amount is after $8M in Federal Covid relief funds directed by the Town Council to the network have been spent, and continuance of the $2.125M annual allocation.) CASC Report Page 5 Cost Summary by PCI and by Street Category (See Appendix E for Detail) Without significant additional revenues street network maintenance levels cannot be achieved which means streets will continue to deteriorate, creating failing conditions from which the Town cannot possibly recover. A “Fix-All-Now” Program Deciding which streets to fix, and when to do it, is a complicated process because the rates at which streets deteriorate are affected by many variables such as traffic, vehicle weights, pavement materials, subsurface soil conditions, and weather, to name a few. As streets age, pavements deteriorate. Usually, the first signs of distress appear as longitudinal cracks along the direction of travel, then transverse cracks across the pavement, then alligator-style cracking and subsequent potholes. When street deterioration reaches the alligator stage, even in small areas, it may represent a failure of the underlying base materials which necessitates total reconstruction, including subgrade repair. To establish street conditions the best approach has proven to be by using laser technology to assign numerical values to ride comfort and pavement distresses. In doing so Pavement Condition Indexes (PCIs) are created. The first time this was done in Fountain Hills was 15-years ago, and then again in 2018, and in 2023. After extensive reviews of all the data collected in each test year the conclusion reached is that PCIs collected in one year cannot be compared to those in a later year, because no two streets are alike, each deteriorate differently. CASC Report Page 6 Streets fall into 4 classifications, Arterials, Collectors, Locals, and Alleys. Arterials are the streets with the highest traffic volumes, followed by Collectors that take traffic from intersecting residential streets to a connection with Arterials, and then Locals that are in essence residential streets. Alleys (less than 1% of the network) are often found in business areas, but in a few situations Alleys act like Locals as they are the only access for some residents. In June 2020 the Town Council established ‘minimum’ PCI goals for Arterials of 60-70; Collectors, 50-60; Locals, 50-55. Using PCI numbers street conditions can also be characterized in terms of five letter-grade categories that closely match maintenance/ repair options: • “A” are those streets with PCI ratings between 100-85 and labeled as ‘excellent’. • “B” streets between 85-70 PCI ratings are referred to as being in ‘good’ condition. • “C” (70-55 PCI ratings), a ‘marginal’ category. • “D” (55-40 PCI ratings), a ‘fair’ category. • “F” (below a PCI rating of 40), considered a ‘poor’ category. Pavement management falls into three major categories: (1) maintenance, (2) rehabilitation (repairs), and (3) reconstruction. The reason for these categories is that State Statutes restrict ‘low interest, tax-free bonds’ to be used for one-time ‘rehabilitation/reconstruction’ projects, not ongoing/annual ‘maintenance’. • Maintenance is usually associated with “A” and “B” streets, down to a PCI rating of 70, and consists of crack filling followed by protective or slurry seals. (Recent example, Shea Blvd. Costs in the maintenance category are estimated to vary from $1.60 to $3.70 per square yard.) • Repair/Rehabilitation usually occurs with “C” and “D” streets (PCI ratings between 70 and 40) and consists of some panel replacements followed with a slurry seal or chip seals with cape. And mill & overlays, some for the full pavement width, and in some very wide streets, just the travel lanes. (Recent example, El Lago Blvd from Palisades to Ave of the Fountains. Costs in this category vary widely between $3.70 and $53.00 / SY.) • Reconstruction is normally associated with “F” streets (PCI ratings between 40 and 25) and consists of mill & overlay with major panel replacements. PCI ratings below 25 usually necessitate full-depth replacement. (Costs in this category vary extensively and could approach $70.00 / SY.) Once streets are ‘fixed’ PCI values are ‘reset’ until the next laser test results. Assumed values are: For Maintenance: crack fill with seal coating: PCI 85 CASC Report Page 7 For Repair/Rehabilitation: slurry, chip seals with cape: PCI 88. Mill & overlay (including isolated panel replacements): PCI 90 For Reconstruction: PCI 95 But these values do not last forever; all streets begin to deteriorate immediately. To keep pavements above a PCI 70-Threshold, maintenance activities must be repeated every 6-7 years. But each time that’s done the ‘reset’ value diminishes somewhat, and after maybe three maintenance applications (20 years) streets will need to undergo more extensive treatment. To determine deterioration rates, it is suggested that laser tests be conducted every five years. Pavement Maintenance Life Cycle Funding Options Over the years funding options have not changed. Three options are available to supplement current existing Town revenues: • Bonds are often considered first since they have a sunset provision that appeals to many voters. However, bonds include interest expenses; dollars paid that do not make it to the streets. Depending on bond retirement schedules, a 5-year plan will have a lower interest price tag but a higher annual secondary property tax, while a 20-year plan will have more interest but a lower annual tax. (Bonds are like home mortgages or vehicle loans when cash reserves are not available.) CASC Report Page 8 • A Primary Property Tax is a cash reserve alternative to bonds (no interest expenses). Based on a 5-year “Fix-All-Now” program, $9M will be needed. Then, after the entire network is fixed, property tax revenues could be used to pay for fire, police, etc. and the local sales tax rate could be cut to 1.2% thus making FH more attractive to businesses and consumers. • Local Sales Taxes are another option (they do not require voter approval). The Town’s current 2.9% sales tax rate is expected to generate $15.4M in 2024. To produce another $9M to fix the street network, the rate would have to increase 58% to 4.6% (and when combined with State Sales Taxes it would mean that FH would have the highest sales tax rate in Maricopa County). Inasmuch as no decisions will be reached for a while, the months that follow would be a great opportunity to assess how voters would like to proceed. Then in the fall the Town Council will be in a better position to arrive at a consensus on how to address the street network going forward. Recommendations The CASC recommends a “Fix-All-Now” strategy to bring all streets up to a PCI 70- Threshold level using municipal tax-free bonds as the financing source. Two bond alternatives are suggested, either a combination of “packages” by street category, or one overall issue. Either alternative is designed to be a “Fix-All-Now” program, where the monies available from General Fund commitments and from bonds are combined to complete all necessary repairs over a seven-year period. Funds for the first two years, FY23 and FY24, are already committed by the Council. Bond funds will be needed for FY25 though FY 29. Then when the program is completed in 2030, the currently available $2.125M annual revenues should be sufficient to sustain “maintenance” activities for the foreseeable future. Alternative 1: Comprehensive single bond package: $50M, 20-year bond program to improve all streets, including intersections. Alternative 2: Street “Packages” – 4 separate bond packages: $5M, 5 to 20-year bond program for Arterials only. $9M, 5 to 20-year bond program for Collectors only. $26M, 5 to 20-year bond program for Locals/Alleys only. $10M, 5 to 20-year bond program for Intersections, Pedestrian, & Bicycle Safety only*. CASC Report Page 9 *(La Montana/Palisades, La Montana/Saguaro, Palisades/Palomino, Palisades/Golden Eagle, Palisades/FH Blvd, Saguaro/FH Blvd, Avenue of the Fountains/Saguaro + sidewalk infill, Crosswalk Safety Improvements, adding turn lanes, installing traffic and/or pedestrian signals, adding bicycle lanes.) The advantage of long-term bonds is the annual ‘tax’ is the least and some of the indebtedness will be paid by those who move to Town in later years. Costs used to generate the bond amounts are based on recent street bid prices, plus reasonable contingencies for unknown surprises, and 5% annual inflation. The CASC recommends Alternative 2 on the belief this bond referendum approach provides voters an opportunity to choose what they believe are most important. The CASC also recommends that a referendum be presented to voters in November 2024. Summary Throughout this decade and before, monies to fix Fountain Hills streets have come from a combination of general funds including sales taxes, state-shared revenues, regional funds, and grants. Because streets have continued to deteriorate using these limited funds should be proof that relying on those monies alone is not enough. The recommended “Fix-All-Now” 5-year program will eliminate the need to ask voters for more funds every 5-7 years, and after streets are improved to a PCI 70-Threshold level, the combination of existing general funds should be sufficient to properly maintain the street network for the foreseeable future. Other considerations: 1. The “Fix-All-Now” solution differs considerably from the RAS recommendation, where instead of an “average” PCI as a goal, the “Fix-All-Now” uses a PCI 70- Threshold goal. (Adopting an “average” approach means some streets will not meet the Council’s ‘minimum’ conditions.) 2. The CASC believes an across-the-board “reconstruction” strategy for pre- incorporation streets included in the RAS report is not warranted, or affordable. (Using a previously proven hybrid repair on pre-incorporation streets that served the community for at least the past 34 years (since 1989 incorporation) is recommended.) 3. Before bond amounts are finalized consideration should be given to reclassify some streets and make a thorough review of future intersection needs, including pedestrian and bicycle safety improvements. (Traffic warrants may already justify signals at several locations, and as the community grows in the next 7 years, more improvements will be needed.) CASC Report Page 10 4. After extensive reviews the CASC is convinced that there are no short cuts to fixing the streets without a significant amount of new revenue; conditions will only worsen. Even if the Town could allocate an additional $1M each year, that would not be enough. (It’s unrealistic to believe the Town could allocate as much as $50M over the next 7 years … $7M every year.) 5. Since 2008 two different professional street consultants have concluded more funds are needed, and now in 2023, a third consultant has concluded the same. But only once have more funds been provided, and that was 10 years ago when $8M was approved to reconstruct Saguaro Blvd. (The $29M rejected by voters in 2011 and the $4M annual rejection in 2018 would have reduced today’s price tag considerably.) 6. Catching-up with street repairs to overcome ongoing deterioration seems paramount. To accomplish that requires significant additional revenues so existing revenues can be used to maintain the network at levels acceptable to residents and businesses. Failure to invest adequately in street infrastructure will result in significant future challenges and a continued decline in pavement conditions throughout the community. To help resolve the street issues it’s suggested that public open forums be initia ted this fall to give residents ample opportunities to voice their opinions. CASC Report Page 11 Appendix A. Talking Points Overview: The streets in Town are falling apart; half the network is substandard. Even streets that are in good condition are subject to deterioration and must be maintained. The problem today is the result of ignoring what should have been done years ago and without an influx of capital, continual deterioration will exceed the Town’s ability to sustain the network. Support statements include: 1. Infrastructure Improvement: Investing in the bond issue will significantly enhance the overall infrastructure, leading to smoother, quieter, and safer travel experiences for residents and visitors. 2. Long-Term Cost Savings: By proactively addressing streets through the bond issue, further damage can be prevented, and more expensive repairs can be avoided. Investing now will help save money over time by reducing the need for extensive street reconstruction projects. 3. Enhanced Safety: Upgrading and maintaining streets is crucial for ensuring the safety of motorists, pedestrians, and cyclists. By addressing current street conditions and intersection needs through the bond issue, accidents and potential injuries can be minimized, creating a safer environment for everyone. 4. Economic Growth: Well-maintained and reliable infrastructure is vital to attracting businesses, promoting tourism, and stimulating economic growth. By investing in the bond issue, it demonstrates the community’s commitment to attracting new businesses and creating job opportunities. 5. Preserving Property Values: High-quality streets contribute to the overall appeal and desirability of the Town. By funding street repairs through the bond issue, property values will be preserved and potentially increased, thus benefiting property owners and ensuring a positive real estate market in the long term. 6. Limited-Time Opportunity: The urgent need for street repairs combined with the availability of the bond issue presents a unique opportunity. By acting now, necessary funding at favorable interest rates can be achieved. 7. Community Well-being: Investing in the Town's streets is an investment in the well- being of its residents. Smooth and well-maintained streets improve accessibility, reduce noise levels, and minimize traffic congestion, resulting in a higher quality of life for everyone. CASC Report Page 12 8. Environmental Benefits: Upgrading streets can include implementing environmentally friendly practices, such as incorporating sustainable materials and improving drainage systems, thus reducing the carbon footprint, and contributing to a greener future. 9. Increased Civic Pride: Addressing Street problems through the bond issue demonstrates commitment to a sense of pride among residents, fostering a stronger community spirit, and a shared responsibility for the Town's development. 10. Transparency and Accountability: The bond issue provides a clear and transparent mechanism for funding street repairs, ensuring the funds are dedicated solely to the intended purpose. Implementing oversight and accountability measures to promote trust and confidence among residents are doable. B. Pavement Lifecycle Program CASC Report Page 13 C. Additional Considerations 1. Based upon Town growth in the past decade and current traffic, some streets may need to be reclassified to the next higher category. Prior to finalizing any bond packages, each category should be visited to determine which streets should be reclassified to a higher level; examples are included below. from to Collectors to Arterials Golden Eagle Palisades Sunridge Sunridge Dr Palisades Golden Eagle Locals to Collectors Gunsight Saguaro La Montana LA Montana El Lago Arroyo Vista Arroyo Vista La Montana FH Blvd Chama FH Blvd Gunsight Sierra Madre Sunridge Sunridge Verde River / Paul Nordin Palisades Saguaro Panorama Saguaro Saguaro Bainbridge FH Blvd Golden Eagle Inca FH Blvd Kingstree Monterey Shea Saguaro Del Cambre Grande El Sobrante Hampstead / Fayette Palisades Fairlynn Saguaro Business Frontage Panorama Colony Thistle Palisades Mountain Side Mountain Side Thistle Palisades 2. A Town-wide “speed limit assessment” should be conducted to ensure that by category streets are consistent; that speed limits are posted the same in both directions; that general signage upon entrance to the Town informs drivers that the local speed limit is 25 mph on any street not posted. 3. The Town should investigate and identify options for private (HOA) properties to be able to use Town negotiated prices so cost savings can be passed along. 4. Throughout the program of street repairs, the Town should consider addressing wide streets with pavement markings that allow for a left-turn lane, parking lanes, and/or bike lanes by narrowing the travel lanes appropriately to help “manage” posted speed limits. 5. All Arterials and Collectors should have centerline markings. 6. All Local streets at a minimum should have traffic control stop signs/stop lines when intersecting with Collectors and/or Arterials. 7. All frontage streets should be clearly marked and/or signed as two-way. CASC Report Page 14 8. Additional radar activated speed limit signage should be placed strategically throughout the community on Arterials, and on all streets ahead of entering a special enforcement area. 9. Prepare an ‘Intersection 10-Year Improvement Plan” addressing primary intersections; considerations are shown below. Facility Cross Street Existing Recommended Description Palisades Palomino 4 way stop New Traffic Signal Complete planned improvements Palisades Golden Eagle 3 way stop Traffic Circle Eliminate 3 way stop with circle Palisades FH Blvd Existing Traffic Signal L Turn Queuing NB to WB & EB to NB turn lane ext Palisades Ave of the Fountains Existing Traffic Signal Do Nothing - Palisades La Montana 4 way stop Traffic Circle Eliminate 4 way stop with circle Palisades Saguaro Existing Traffic Signal L Turn Queuing NB to EB turn lane extension Saguaro La Montana 2 way stop Traffic Circle Eliminate 2 way stop with circle Saguaro Ave of the Fountains 3 way stop Traffic Circle Eliminate 3 way stop with circle Saguaro El Lago Existing Traffic Signal L Turn Queuing NB to EB turn lane extension Parkview Verde River Drive 4 way stop Traffic Circle Eliminate 4 way stop with circle FH Blvd El Lago Existing Traffic Signal Do Nothing - FH Blvd Saguaro 1 way stop Traffic Circle Reduce traffic conflicts with circle El Lago La Montana 4 way stop Traffic Circle Eliminate 4 way stop with circle La Montana Parkview 1 way stop Traffic Circle Eliminate EB stop sign with circle Other Concept Sidewalk Infill Downtown/Arterials x ft Speed Controls Radar Speed Limit Signs x number of controls Pedestrian Crossings Signal Controlled Crossings x number of crossings Bicycle Lanes Arterials/Collectors x number of miles CASC Report Page 15 D. 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X Pa r t i c i p a t e i n P u b l i c O p e n H o u s e X X Po l i c y / F u n d i n g D e c i s i o n s X X X Re f e r e n d u m L a n g u a g e ( d u e d a t e ) X 4t h 20 2 3 / 2 4 E l e c t i o n D a t e s 7t h 2 5t h CA S C R e p o r t P a g e 1 5 20 2 3 20 2 4 Ac t i v i t i e s / T i m e D. A " R o a d M a p " F o r w a r d CASC Report Page 16 Le t t e r - G r a d e PC I R a n g e Re p a i r s / P C I R a n g e s Ar t e r i a l s Co l l e c t o r s Lo c a l s All e y s Art e r i a l s Co l l e c t o r s Lo c a l s All e y s Art e r i a l s Co l l e c t o r s Lo c a l s All e y s Art e r i a l s Co l l e c t o r s Lo c a l s All e y s 20 2 3 U n i t C o s t s $4 . 7 3 $3 . 6 0 $3 . 6 0 $3 . 6 0 $3 6 . 2 1 $2 7 . 1 9 $1 8 . 7 2 $2 7 . 1 9 $6 7 . 6 9 $5 0 . 7 7 $3 3 . 8 4 $5 0 . 7 7 $7 0 . 3 5 $5 7 . 1 1 $4 0 . 1 8 $5 7 . 1 1 w/ p a t c h i n g $6 . 8 3 $5 . 7 0 $5 . 7 0 $5 . 7 0 $3 8 . 3 1 $2 9 . 2 9 $2 0 . 8 2 $2 9 . 2 9 $6 9 . 7 9 $5 2 . 8 7 $3 5 . 9 4 $5 2 . 8 7 $7 1 . 4 0 $6 7 . 6 9 $5 0 . 7 7 $6 7 . 6 9 Av e 2 0 2 3 U n i t C o s t s / S Y $5 . 7 8 $4 . 6 5 $4 . 6 5 $4 . 6 5 $3 7 . 2 6 $2 8 . 2 4 $1 9 . 7 7 $2 8 . 2 4 $6 8 . 7 4 $5 1 . 8 2 $3 4 . 8 9 $5 1 . 8 2 $7 0 . 8 8 $6 2 . 4 0 $4 5 . 4 8 $6 2 . 4 0 5% 20 2 5 I n f l a t e d U n i t C o s t s $6 . 3 6 $5 . 1 2 $5 . 1 2 $5 . 1 2 $4 0 . 9 9 $3 1 . 0 6 $2 1 . 7 5 $3 1 . 0 6 $7 5 . 6 1 $5 7 . 0 0 $3 8 . 3 8 $5 7 . 0 0 $7 7 . 9 6 $6 8 . 6 4 $5 0 . 0 2 $6 8 . 6 4 11 3 , 4 3 6 12 , 3 3 9 28 , 9 2 0 16 , 3 6 5 17 1 , 0 6 0 $7 2 1 , 2 2 6 50 5 , 7 2 6 $ $2 , 1 8 6 , 7 5 7 $1 , 2 7 5 , 8 5 6 $4 , 6 8 9 , 5 6 6 $4 , 6 8 9 , 5 6 6 15 6 , 1 2 6 70 , 1 6 6 90 , 7 6 8 0 31 7 , 0 6 0 $7 9 8 , 5 8 4 $2 , 1 7 9 , 2 5 1 $5 , 1 7 3 , 9 5 8 $8 , 1 5 1 , 7 9 3 $8 , 1 5 1 , 7 9 3 41 5 , 7 1 8 23 3 , 3 7 9 45 0 , 9 1 9 95 , 6 0 4 1, 1 9 5 , 6 2 0 $2 , 1 2 6 , 3 9 8 $5 , 0 7 5 , 2 9 3 $1 7 , 3 0 5 , 8 2 0 $4 , 7 8 2 , 3 5 1 $2 9 , 2 8 9 , 8 6 2 -$ 8 , 0 0 0 , 0 0 0 $2 1 , 2 8 9 , 8 6 2 4,6 3 1 - 15 , 0 8 3 15 , 7 0 1 35 , 4 1 5 $2 3 , 6 8 8 $0 $8 5 9 , 7 6 1 $1 , 0 7 7 , 7 1 7 $1 , 9 6 1 , 1 6 5 $1 , 9 6 1 , 1 6 5 1, 7 1 9 , 1 5 5 $7 2 1 , 2 2 6 $7 9 8 , 5 8 4 $2 , 1 2 6 , 3 9 8 $2 3 , 6 8 8 $5 0 5 , 7 2 6 $2 , 1 7 9 , 2 5 1 $5 , 0 7 5 , 2 9 3 $0 $2 , 1 8 6 , 7 5 7 $5 , 1 7 3 , 9 5 8 $1 7 , 3 0 5 , 8 2 0 $8 5 9 , 7 6 1 $1 , 2 7 5 , 8 5 6 $0 $4 , 7 8 2 , 3 5 1 $1 , 0 7 7 , 7 1 7 $4 4 , 0 9 2 , 3 8 6 $3 6 , 0 9 2 , 3 8 6 IM P R O V E M E N T C O S T S $4 4 , 0 9 2 , 3 8 6 -$ 8 , 0 0 0 , 0 0 0 $3 6 , 0 9 2 , 3 8 6 Br e a k d o w n b y S q u a r e Y a r d s 20 2 5 20 2 6 20 2 7 20 2 8 20 2 9 1.0 5 In f l a t i o n F a c t o r ST R E E T R E F E R E N D U M 5 $7 , 2 1 8 , 4 7 7 $7 , 2 1 8 , 4 7 7 $7 , 5 7 9 , 4 0 1 $7 , 9 5 8 , 3 7 1 $8 , 3 5 6 , 2 9 0 $8 , 7 7 4 , 1 0 4 $3 9 , 8 8 6 , 6 4 3 $4 0 M Re f e r e n d u m P a c k a g e s AR T E R I A L S 2 $2 , 3 4 4 , 7 8 3 $2 , 3 4 4 , 7 8 3 $2 , 4 6 2 , 0 2 2 $4 , 8 0 6 , 8 0 5 $5 M CO L L E C T O R S 3 $2 , 7 1 7 , 2 6 4 $2 , 7 1 7 , 2 6 4 $2 , 8 5 3 , 1 2 7 $2 , 9 9 5 , 7 8 4 $8 , 5 6 6 , 1 7 6 $9 M LO C A L S / A L L E Y S 5 $4 , 6 5 0 , 2 0 5 $4 , 6 5 0 , 2 0 5 $4 , 8 8 2 , 7 1 6 $5 , 1 2 6 , 8 5 2 $5 , 3 8 3 , 1 9 4 $5 , 6 5 2 , 3 5 4 $2 5 , 6 9 5 , 3 2 1 $2 6 M IN T E R S E C T I O N S 3 $2 , 9 8 3 , 3 3 3 $3 , 2 8 9 , 1 2 5 $3 , 4 5 3 , 5 8 1 $3 , 6 2 6 , 2 6 0 $1 0 , 3 6 8 , 9 6 7 $1 0 M PA C K A G E R E F E R E N D U M $9 , 7 1 2 , 2 5 3 $1 0 , 1 9 7 , 8 6 5 $1 1 , 4 1 1 , 7 6 0 $8 , 8 3 6 , 7 7 5 $9 , 2 7 8 , 6 1 4 $4 9 , 4 3 7 , 2 6 8 $5 0 M FO O T N O T E S : Up p e r ' I m p r o v e m e n t C o s t s ' C h a r t : Lo w e r ‘ C o s t S u m m a r y ’ C h a r t : · On l y s t r e e t s b e l o w a 7 0 P C I a r e i n c l u d e d · Re f e r e n d u m p a c k a g e s f o r e a c h s t r e e t c l a s s i f i c a t i o n a r e e x p e c t e d t o v a r y · Le t t e r - g r a d e s : C , m a r g i n a l s t r e e t s ; D , s t r e e t s i n f a i r c o n d i t i o n s ; F , p o o r ( b a c k l o g ) A r t e r i a l s … 2 - y e a r i m p r o v e m e n t p l a n ( 2 0 2 5 - 2 6 ) · Su g g e s t e d r e p a i r s a r e i d e n t i f i e d f o r e a c h P C I r a n g e C o l l e c t o r s … 3 - y e a r p l a n ( 2 0 2 5 - 2 7 ) · Un i t c o s t s a r e ‘ a v e r a g e ’ f o r 2 0 2 3 ; 2 0 2 5 u n i t c o s t s a r e i n f l a t e d 5 % L o c a l s / A l l e y s … 5 - y e a r p l a n ( 2 0 2 5 - 2 9 ) · Sq u a r e y a r d a g e a n d i m p r o v e m e n t c o s t s a r e s h o w n f o r e a c h s t r e e t c l a s s i f i c a t i o n a n d e a c h l e t t e r - g r a d e I n t e r s e c t i o n s … 3 - y e a r p l a n ( 2 0 2 7 - 2 9 ) · Fe d e r a l F u n d s a r e s h o w n t o b e s p e n t o n L o c a l s ( a c t u a l d i s t r i b u t i o n w i l l v a r y ) · 5% i n f l a t i o n i s i n c l u d e d f o r e a c h p l a n y e a r To t a l s le s s F e d e r a l F u n d s Fu n d s N e e d e d 69 - 6 0 59 - 5 5 54 - 4 0 39 a n d B e l o w Mi c r o S u r f a c i n g w / p a t c h i n g , S l u r r y S e a l w / p a t c h i n g (P C I r a n g e : M i n = 6 0 ; C r i t i c a l = 6 3 ; M a x = 7 0 ) So m e S l u r r y S e a l So m e M i l l & O v e r l a y (g r a y - z o n e c o m b i n a t i o n ) Mil l & O v e r l a y w / p a t c h i n g (P C I r a n g e : M i n = 4 0 ; C r i t i c a l = 4 3 ; M a x = 6 0 ) Su r f a c e R e c o n s t u c t i o n w / p a t c h i n g ( P C I ra n g e : M i n = 3 0 ; C r i t i c a l = 3 3 ; M a x = 4 0 ) F u l l De p t h R e p l a c e m e n t w / s u b g r a d e p r e p a r a t i o n ( P C I ra n g e : M i n = 0 ; C r i t i c a l = 2 0 ; M a x = 4 0 ) C ( 6 9 - 5 5 ) D F CO L L E C T O R S AR T E R I A L S LO C A L S AL L E Y S $3 , 6 6 9 , 8 9 6 $7 , 7 6 0 , 2 7 0 $2 5 , 5 2 6 , 2 9 6 $7 , 1 3 5 , 9 2 4 40 % 18 % 34 % 7% ST R E E T T O T A L S 68 9 , 9 1 1 31 5 , 8 8 4 58 5 , 6 9 0 12 7 , 6 7 0 CO S T S U M M A R Y Im p r o v e m e n t F u n d s Ne e d e d Co n t i n g e n c y To t a l s Im p r o v Ye a r s Av e A n n u a l Co s t s Im p r o v e m e n t Y e a r s 1.0 5 1. 1 0 1.1 6 1. 2 2 5- Y e a r F u n d s N e e d e d $4 , 6 8 9 , 5 6 6 $0 E. Co s t B r e a k d o w n $8 , 9 5 0 , 0 0 0 $0 $8 , 9 5 0 , 0 0 0 $4 5 , 0 4 2 , 3 8 6 $0 $4 5 , 0 4 2 , 3 8 6 $4 , 6 8 9 , 5 6 6 $8 , 1 5 1 , 7 9 3 $0 $8 , 1 5 1 , 7 9 3 $2 3 , 2 5 1 , 0 2 7 $0 $2 3 , 2 5 1 , 0 2 7 Bo n d F u n d s 0% $3 6 , 0 9 2 , 3 8 6 $0 $3 6 , 0 9 2 , 3 8 6 CASC Report Page 17 F. Volunteer CASC Members Jerry Butler, Kim Colenso, Gregg Dudash, Mark Graham, Buck Haworth, Bernie Hoenle, Dean Hughson, Jeffrey Kerr, Karl Manthe, Joe Mueller, Chris Plumb, Gary Salavitch CASC Background Experience 45 years - Business Management Leadership 40 years - Transportation Planning 36 years - Design / Construction Industry 33 years - Civil Engineering 28 years - Roadway Construction 25 years - Project Consulting 20 years - Home Building Industry 15 years - Project Management 8 years - Design / Roadway Management *** A special debt of gratitude is extended to Town Hall staff for guiding us through the community’s complicated street maize, and for their patience. Without their leadership this report would not have been possible. Thank you. Grady Miller, Retired Town Manager Rachael Goodwin, Interim Town Manager Justin Weldy, Public Works Director David Janover, Town Engineer Andy Whisler, Assistant Town Engineer Jeff Pierce, Streets Superintendent Angela Espiritu, Executive Assistant Local Road Pavement Section Detail Page 1 of 2 Town of Fountain Hills Public Works Department Memorandum TO: Justin Weldy, Director of Public Works FROM: David A. Janover, PE, F.NSPE, CFM, Town Engineer CC: Andrew Whisler, PE, Assistant Town Engineer DATE: August 29, 2023 RE: Local Pavement Pavement Section Detail As the Town’s roadways age, staff is looking for ways to not only improve the asphalt’s resistance to vehicular loading and climate, but look for ways to improve our maintenance to achieve maximum pavement lifecycle. One such way to achieve additional effectiveness for future maintenance, is to increase the thickness of the top (surface) course for newly reconstructed road sections. Currently, the standard pavement section for local roads is 2” of asphalt over 6” of aggregate base, resulting in an 8” total section atop the subgrade (see figure below, the Local Road Typical Section, which appears as Exhibit 5 of Section 3.05 of the Subdivision Ordinance). I recommend that the surface course (item 2 in the above exhibit) be increased by one inch, from 2” to 3” thick, and to decrease the thickness of the aggregate base by one inch, from 6” to 5”. This will result in the same overall thickness of 8” atop the subgrade, but due to the increased strength of asphalt compared to aggregate base, this pavement section change will result in a stronger road section than the existing one. Furthermore, the thicker 3” top layer of asphalt will be very beneficial for future maintenance, when it comes time to perform a mill and overlay. The thicker asphalt layer will provide a more stabilized base for the future milling operation, resulting in superior performance, improved lifecycle, and ultimately, a lower overall cost to the Town. The proposed detail reflecting the discussed modification is shown below: Local Road Pavement Section Detail Page 2 of 2 Town of Fountain Hills Public Works Department Memorandum I recommend that this modified pavement section be implemented immediately, starting with the M.R. Tanner pavement work for FY24, and that the Subdivision Ordinance be amended to reflect the updated detail, subject to Council approval. Pavement Management Program Proposed FY24 All that is Ar i z o n a FO U N TAIN HI L L S TOWN OF INC. 1989 Palis a d e s B l v d Sa g u a r o B l v d Fo u n t a i n H i l l s B l v d Shea B l v d Sag u a r o B l v d Sherwood Dr Sterling Way Ibsen Dr Ashbrook Dr Foun t a i n H i l l s B l v d C a m e o D r Updated: 9-11-2023 Sa g u a r o B l v d Jacklin Dr Blvd In d i a n We l l s D r Kingstree Firebrick DrSag u a r o B l v d S h e a B l v d Panorama Dr Kiwanis Dr Colony Dr Enterprise Dr Sa g u a r o B l v d Pali s a d e s Blv d El Lago Blvd Sagu a r o Blvd ITEM 9. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/17/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving the First Amendment to Cooperative Purchasing Agreement 2023-069.1 with Roadsafe Traffic Systems. Staff Summary (Background) The Town of Fountain Hills utilizes a wide range of contractors across all departments to augment Town staff as needed to perform services. For example, the Public Works Department and Community Services Department utilize contracts to provide temporary traffic control devices (barricades) to assist with Town maintenance projects and Special Events.   This contract amendment with Roadsafe Traffic Systems, Inc, to increase the amount from $50,000 annually to $75,000 annually is primarily due to the rising cost for services related to rental, delivery, installation and pick-up of work zone traffic control devices. The traffic control devices, commonly known as barricades, will be used for lane closures when needed, to provide safe work zones for motorists, pedestrians, and workers.   The traffic control devices will be rented on an as-needed basis. The contract also includes an emergency response agreement to have equipment available and resources necessary to control traffic in the event of a prolonged traffic signal outage, roadway flooding and support for the Maricopa County Sheriff’s Office and Fire Department when requested. Related Ordinance, Policy or Guiding Principle Public Works Mission Statement. Risk Analysis Not approving the amendment will delay the maintenance of open space and street medians and have a negative effect on special events including possible cancellations.   Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the proposed amendment to the cooperative purchasing agreement. SUGGESTED MOTION MOVE to approve the First Amendment to Cooperative Purchasing Agreement 2023-069.1 with Roadsafe Traffic Systems and authorize associated budget transfers. Fiscal Impact Fiscal Impact:$75,000 Budget Reference:N/A Funding Source:N/A If Multiple Funds utilized, list here:Streets fund, Facilities, Community Services/Parks Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Cooperative Purchasing Agreement  Underlying Agreement  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 10/05/2023 05:55 PM Finance Director David Pock 10/07/2023 08:15 AM Town Attorney Aaron D. Arnson 10/09/2023 02:50 PM Town Manager Rachael Goodwin 10/10/2023 02:20 PM Form Started By: Justin Weldy Started On: 10/05/2023 05:35 PM Final Approval Date: 10/10/2023  1 Contract No. 2023-069.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROADSAFE TRAFFIC SYSTEMS, INC. THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Roadsafe Traffic Systems, Inc., a(n) Delaware corporation (the “Contractor”). RECITALS A. After a competitive procurement process, the Maricopa County (“County”) entered into Contract No. 230043-S, dated January 19, 2023, (the “County Contract”), with the Contractor for Temporary Traffic Control Solutions Services. All of the capitalized terms not otherwise defined in this First Amendment have the same meanings as defined in the Contract. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated February 6, 2023, based upon the County Contract (the “Agreement”), for Temporary Traffic Control Solutions Service (the “Materials and Services”). The terms of the Agreement are incorporated herein. C. The Town has determined that additional Materials and Services (the “Additional Materials and Services”) are necessary. D. The Town and the Contractor desire to enter into this First Amendment to increase the compensation authorized by the Agreement for the Additional Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Compensation. The Town shall pay the Contractor an aggregate amount not to exceed $75,000 per term and a maximum aggregate amount of $375,000 (including all renewals) for the Additional Materials and Services. 2 2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 3. Non-Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 4. 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. 5. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] SERIAL 180126-S TEMPORARY TRAFFIC CONTROL SERVICES DATE OF LAST REVISION: January 20, 2022 CONTRACT END DATE: January 31, 2023 CONTRACT PERIOD THROUGH January 31, 2020 2022 2023 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for TEMPORARY TRAFFIC CONTROL SERVICES Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on January 25, 2018 (Eff. 2/1/2018). All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above. LN/yy Attach Copy to: Office of Procurement Services Martie Harrell, MCDOT Suzie Williams, MCDOT (Please remove Serial 11087-S from your contract notebooks) SERIAL 180126-S ACTION BARRICADE LLC, 1802 N. 27TH AVE PHOENIX, AZ 85009 COMPANY NAME:Action Barricade LLC DOING BUSINESS AS (dba):Action Barricade MAILING ADDRESS:1802 N. 27th Ave Phoenix, AZ 85009 REMIT TO ADDRESS:1802 N. 27th Ave Phoenix, AZ 85009 TELPHONE NUMBER:602-288-6350 FAX NUMBER:602-288-6360 WWW ADDRESS:none REPRESENTATIVE NAME:Robert Brand REPRESENTATIVE TELEPHONE NUMBER:602-288-6350 REPRESENTATIVE EMAIL ADDRESS rbrand@actionbarricade.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS PRIMARY Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.65 $1,950.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.55 $2,200.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.45 $1,800.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.15 $150.00 Type B High Intensity Flashing warning light 5000 day $0.25 $1,250.00 Type C Low Intensity Steady Burn warning light 10000 day $0.19 $1,900.00 Type D 360 Degree Steady Burn warning light 10 day $0.15 $1.50 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.20 $200.00 Type II Barricade 9000 day $0.20 $1,800.00 Type III Barricade 700 day $0.45 $315.00 Portable Sign Stand (spring stand)750 day $0.70 $525.00 Traffic Cone Non-Reflectorized 28"5000 day $0.20 $1,000.00 Traffic Cone Reflectorized 28 Inches day $0.20 $0.20 Sand Bag 10000 day $0.05 $500.00 Flag 2000 day $0.15 $300.00 Arrow Boards 50 day $17.00 $850.00 SERIAL 180126-S ACTION BARRICADE LLC Item Est. Annual Rental Units Unit Price Total Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.10 $10.00 End Section(s) for above Barriers day $25.00 $25.00 Channelizing Drums day $0.30 $0.30 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $1.75 $175.00 Portable Variable Message Signs Three-Line 50 day $30.00 $1,500.00 Temporary Traffic Barriers (Installation/Removal)foot $11.00 $11.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $49.00 $98,000.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $49.00 $274,400.00 Truck Mounted Attenuator w/Driver 25 hr $49.00 $1,225.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $35.00 $203,700.00 Traffic Control Technician Does not include truck 2800 hr $35.00 $98,000.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.25 $23,625.00 2-Way Raised Pavement Marker Blue (installed)each $4.00 $4.00 1-way Chip seal marker with double clear protective cover 3000 each $1.75 $5,250.00 Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $48.00 $48.00 Zone 2 1 day $99.00 $99.00 Zone 3 1 day $135.00 $135.00 SERIAL 180126-S ACTION BARRICADE LLC Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $80.00 $320.00 MCSO 4 hour $80.00 $320.00 Phoenix 4 hour $70.00 $280.00 Mesa 4 hour $70.00 $280.00 Glendale 4 hour $70.00 $280.00 Gilbert 4 hour $90.00 $360.00 Scottsdale 4 hour $75.00 $300.00 Tempe 4 hour $95.00 $380.00 Peoria 4 hour $70.00 $280.00 Goodyear 4 hour $75.00 $300.00 Wickenburg 4 hour $75.00 $300.00 Fountain Hills 4 hour $80.00 $320.00 Chandler 4 hour $90.00 $360.00 Buckeye 4 hour $80.00 $320.00 El Mirage 4 hour $75.00 $300.00 Surprise 4 hour $80.00 $320.00 Avondale 4 hour $75.00 $300.00 Gila River 4 hour $90.00 $360.00 AZ Parks 4 hour $90.00 $360.00 Small Town 4 hour $90.00 $360.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $120.00 $120.00 MCSO 1 hour $120.00 $120.00 Phoenix 1 hour $105.00 $105.00 Mesa 1 hour $105.00 $105.00 Glendale 1 hour $105.00 $105.00 Gilbert 1 hour $135.00 $135.00 Scottsdale 1 hour $115.00 $115.00 Tempe 1 hour $140.00 $140.00 Peoria 1 hour $105.00 $105.00 Goodyear 1 hour $110.00 $110.00 Wickenburg 1 hour $110.00 $110.00 Fountain Hills 1 hour $120.00 $120.00 Chandler 1 hour $135.00 $135.00 Buckeye 1 hour $120.00 $120.00 El Mirage 1 hour $115.00 $115.00 Surprise 1 hour $120.00 $120.00 Avondale 1 hour $110.00 $110.00 SERIAL 180126-S ACTION BARRICADE LLC Item Est. Annual Rental Units Unit Price Extended Gila River 1 hour $135.00 $135.00 AZ Parks 1 hour $135.00 $135.00 Small Town 1 hour $135.00 $135.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $20.00 $20.00 MCSO 1 hour $20.00 $20.00 Phoenix 1 hour $7.50 $7.50 Mesa 1 hour $7.50 $7.50 Glendale 1 hour $7.50 $7.50 Gilbert 1 hour $7.50 $7.50 Scottsdale 1 hour $7.50 $7.50 Tempe 1 hour $7.50 $7.50 Peoria 1 hour $7.50 $7.50 Goodyear 1 hour $7.50 $7.50 Wickenburg 1 hour $20.00 $20.00 Fountain Hills 1 hour $7.50 $7.50 Chandler 1 hour $7.50 $7.50 Buckeye 1 hour $7.50 $7.50 El Mirage 1 hour $7.50 $7.50 Surprise 1 hour $7.50 $7.50 Avondale 1 hour $7.50 $7.50 Gila River 1 hour $20.00 $20.00 AZ Parks 1 hour $20.00 $20.00 Small Town 1 hour $20.00 $20.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $1.00 $1.00 MCSO 1 mile $1.00 $1.00 Phoenix 1 mile $1.00 $1.00 Mesa 1 mile $1.00 $1.00 Glendale 1 mile $1.00 $1.00 Gilbert 1 mile $1.00 $1.00 Scottsdale 1 mile $1.00 $1.00 Tempe 1 mile $1.00 $1.00 Peoria 1 mile $1.00 $1.00 Goodyear 1 mile $1.00 $1.00 Wickenburg 1 mile $1.00 $1.00 SERIAL 180126-S ACTION BARRICADE LLC Fountain Hills 1 mile $1.00 $1.00 Chandler 1 mile $1.00 $1.00 Buckeye 1 mile $1.00 $1.00 Item Est. Annual Rental Units Unit Price Extended El Mirage 1 mile $1.00 $1.00 Surprise 1 mile $1.00 $1.00 Avondale 1 mile $1.00 $1.00 Gila River 1 mile $1.00 $1.00 AZ Parks 1 mile $1.00 $1.00 Small Town 1 mile $1.00 $1.00 PRICING SHEET: NIGP CODE 968-84 Terms: NET 30 Vendor Number: VC0000001722 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020. REMOVED FROM CONTRACT EFF. 01/31/20 SERIAL 180126-S BOB'S BARRICADES INC, 1645 S 39TH AVENUE, PHOENIX, AZ 85009 921 SHOTGUN RD, SUNRISE, FL 33326-1910 COMPANY NAME:Bob's Barricades Inc. DOING BUSINESS AS (dba): MAILING ADDRESS:1645 South 39th Avenue, Phoenix, Arizona 85009 921 Shotgun Rd REMIT TO ADDRESS:921 Shotgun Rd LOCAL ADDRESS 1645 South 39th Avenue, Phoenix, Arizona 85009 TELPHONE NUMBER:954-423-2627 FAX NUMBER:954-473-8737 WWW ADDRESS:www.bobsbarricades.com REPRESENTATIVE NAME:Happy Alter REPRESENTATIVE TELEPHONE NUMBER:954-423-2627 REPRESENTATIVE EMAIL ADDRESS jelbert@bobsbarricadeds.com mdavidson@bobsbarricades.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS SECONDARY 1ST CALL Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.75 $2,250.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.45 $1,800.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.45 $1,800.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.20 $200.00 Type B High Intensity Flashing warning light 5000 day $0.20 $1,000.00 Type C Low Intensity Steady Burn warning light 10000 day $0.20 $2,000.00 Type D 360 Degree Steady Burn warning light 10 day $0.20 $2.00 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.40 $400.00 Type II Barricade 9000 day $0.40 $3,600.00 Type III Barricade 700 day $0.40 $280.00 Portable Sign Stand (spring stand)750 day $0.50 $375.00 SERIAL 180126-S BOB'S BARRICADES INC Traffic Cone Non-Reflectorized 28"5000 day $0.20 $1,000.00 Traffic Cone Reflectorized 28 Inches day $0.30 $0.30 Sand Bag 10000 day $0.50 $5,000.00 Flag 2000 day $0.10 $200.00 Arrow Boards 50 day $20.00 $1,000.00 Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.13 $13.00 End Section(s) for above Barriers day $25.00 $25.00 Channelizing Drums day $0.40 $0.40 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $5.50 $550.00 Portable Variable Message Signs Three-Line 50 day $25.00 $1,250.00 Temporary Traffic Barriers (Installation/Removal)foot $30.00 $30.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $45.00 $90,000.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $50.00 $280,000.00 Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $39.00 $226,980.00 Traffic Control Technician Does not include truck 2800 hr $40.00 $112,000.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.50 $26,250.00 2-Way Raised Pavement Marker Blue (installed)each $3.50 $3.50 1-way Chip seal marker with double clear protective cover 3000 each $1.90 $5,700.00 SERIAL 180126-S BOB'S BARRICADES INC Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $50.00 $50.00 Zone 2 1 day $80.00 $80.00 Zone 3 1 day $125.00 $125.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $57.00 $228.00 MCSO 4 hour $62.50 $250.00 Phoenix 4 hour $52.50 $210.00 Mesa 4 hour $62.50 $250.00 Glendale 4 hour $62.50 $250.00 Gilbert 4 hour $73.00 $292.00 Scottsdale 4 hour $62.50 $250.00 Tempe 4 hour $77.00 $308.00 Peoria 4 hour $62.50 $250.00 Goodyear 4 hour $62.50 $250.00 Wickenburg 4 hour $50.00 $200.00 Fountain Hills 4 hour $62.50 $250.00 Chandler 4 hour $70.18 $280.72 Buckeye 4 hour $62.50 $250.00 El Mirage 4 hour $62.50 $250.00 Surprise 4 hour $62.50 $250.00 Avondale 4 hour $62.50 $250.00 Gila River 4 hour $62.50 $250.00 AZ Parks 4 hour $62.50 $250.00 Small Town 4 hour $62.50 $250.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $85.50 $85.50 MCSO 1 hour $93.75 $93.75 Phoenix 1 hour $93.75 $93.75 Mesa 1 hour $93.75 $93.75 Glendale 1 hour $93.75 $93.75 Gilbert 1 hour $109.50 $109.50 Scottsdale 1 hour $93.75 $93.75 Tempe 1 hour $115.50 $115.50 Peoria 1 hour $93.75 $93.75 Goodyear 1 hour $93.75 $93.75 Wickenburg 1 hour $75.00 $75.00 Fountain Hills 1 hour $93.75 $93.75 SERIAL 180126-S BOB'S BARRICADES INC Chandler 1 hour $93.75 $93.75 Buckeye 1 hour $93.75 $93.75 El Mirage 1 hour $93.75 $93.75 Surprise 1 hour $93.75 $93.75 Avondale 1 hour $93.75 $93.75 Item Est. Annual Rental Units Unit Price Extended Gila River 1 hour $93.75 $93.75 AZ Parks 1 hour $75.00 $75.00 Small Town 1 hour $75.00 $75.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $12.75 $12.75 MCSO 1 hour $9.00 $9.00 Phoenix 1 hour $9.00 $9.00 Mesa 1 hour $5.00 $5.00 Glendale 1 hour $9.00 $9.00 Gilbert 1 hour $9.00 $9.00 Scottsdale 1 hour $9.00 $9.00 Tempe 1 hour $9.00 $9.00 Peoria 1 hour $9.00 $9.00 Goodyear 1 hour $9.00 $9.00 Wickenburg 1 hour $5.00 $5.00 Fountain Hills 1 hour $9.00 $9.00 Chandler 1 hour $9.00 $9.00 Buckeye 1 hour $5.00 $5.00 El Mirage 1 hour $9.00 $9.00 Surprise 1 hour $9.00 $9.00 Avondale 1 hour $9.00 $9.00 Gila River 1 hour $9.00 $9.00 AZ Parks 1 hour $9.00 $9.00 Small Town 1 hour $9.00 $9.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $0.00 $0.00 MCSO 1 mile $0.33 $0.33 Phoenix 1 mile $0.33 $0.33 Mesa 1 mile $0.33 $0.33 Glendale 1 mile $0.33 $0.33 Gilbert 1 mile $0.33 $0.33 Scottsdale 1 mile $0.33 $0.33 Tempe 1 mile $0.33 $0.33 Peoria 1 mile $0.33 $0.33 SERIAL 180126-S BOB'S BARRICADES INC Goodyear 1 mile $0.33 $0.33 Wickenburg 1 mile $0.33 $0.33 Fountain Hills 1 mile $0.33 $0.33 Chandler 1 mile $0.33 $0.33 Buckeye 1 mile $0.00 $0.00 El Mirage 1 mile $0.33 $0.33 Surprise 1 mile $0.33 $0.33 Avondale 1 mile $0.33 $0.33 Gila River 1 mile $0.33 $0.33 AZ Parks 1 mile $0.33 $0.33 Small Town 1 mile $0.33 $0.33 PRICING SHEET: NIGP CODE 96884 Terms: NET 30 Vendor Number: VS0000002297 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020 2022 2023. SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC, 7326 N GLEN HARBOR BLVD., GLENDALE, AZ 85307 1645 SOUTH 39TH AVENUE, PHOENIX, ARIZONA 85009 COMPANY NAME:National Barricade Company LLC DOING BUSINESS AS (dba): MAILING ADDRESS:7326 N. Glen Harbor Blvd. REMIT TO ADDRESS:7326 N. Glen Harbor Blvd. TELPHONE NUMBER:623-879-4695 FAX NUMBER:623-879-4683 WWW ADDRESS: REPRESENTATIVE NAME:Charles Anderson REPRESENTATIVE TELEPHONE NUMBER:623-879-4695 REPRESENTATIVE EMAIL ADDRESS canderson@gonbc.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS TERTIARY 2ND CALL Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.70 $2,100.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.60 $2,400.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.50 $2,000.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.21 $210.00 Type B High Intensity Flashing warning light 5000 day $0.75 $3,750.00 Type C Low Intensity Steady Burn warning light 10000 day $0.30 $3,000.00 Type D 360 Degree Steady Burn warning light 10 day $1.25 $12.50 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.32 $320.00 Type II Barricade 9000 day $0.32 $2,880.00 Type III Barricade 700 day $0.65 $455.00 Portable Sign Stand (spring stand)750 day $1.25 $937.50 Traffic Cone Non-Reflectorized 28"5000 day $0.32 $1,600.00 Traffic Cone Reflectorized 28 Inches day $0.37 $0.37 Sand Bag 10000 day $0.40 $4,000.00 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC Flag 2000 day $0.50 $1,000.00 Arrow Boards 50 day $20.00 $1,000.00 Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.15 $15.00 End Section(s) for above Barriers day $24.00 $24.00 Channelizing Drums day $1.50 $1.50 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $2.25 $225.00 Portable Variable Message Signs Three-Line 50 day $40.00 $2,000.00 Temporary Traffic Barriers (Installation/Removal)foot $11.00 $11.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $53.15 $106,300.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $53.15 $280,000.00 Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $38.00 $221,160.00 Traffic Control Technician Does not include truck 2800 hr $38.00 $106,400.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.00 $21,000.00 2-Way Raised Pavement Marker Blue (installed)each $3.00 $3.00 1-way Chip seal marker with double clear protective cover 3000 each $2.00 $6,000.00 Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $53.15 $53.15 Zone 2 1 day $106.30 $106.30 Zone 3 1 day $159.45 $159.45 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $77.50 $310.00 MCSO 4 hour $75.00 $300.00 Phoenix 4 hour $70.00 $280.00 Mesa 4 hour $70.00 $280.00 Glendale 4 hour $65.00 $260.00 Gilbert 4 hour $83.00 $332.00 Scottsdale 4 hour $77.50 $310.00 Tempe 4 hour $82.60 $330.40 Peoria 4 hour $75.00 $300.00 Goodyear 4 hour $70.00 $280.00 Wickenburg 4 hour $77.50 $310.00 Fountain Hills 4 hour $75.00 $300.00 Chandler 4 hour $86.18 $344.72 Buckeye 4 hour $70.00 $280.00 El Mirage 4 hour $70.00 $280.00 Surprise 4 hour $65.00 $260.00 Avondale 4 hour $75.00 $300.00 Gila River 4 hour $75.00 $300.00 AZ Parks 4 hour $65.00 $260.00 Small Town 4 hour $75.00 $300.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $111.25 $111.25 MCSO 1 hour $107.50 $107.50 Phoenix 1 hour $100.00 $100.00 Mesa 1 hour $100.00 $100.00 Glendale 1 hour $107.50 $107.50 Gilbert 1 hour $119.50 $119.50 Scottsdale 1 hour $111.25 $111.25 Tempe 1 hour $133.90 $133.90 Peoria 1 hour $107.50 $107.50 Goodyear 1 hour $100.00 $100.00 Wickenburg 1 hour $111.25 $111.25 Fountain Hills 1 hour $107.50 $107.50 Chandler 1 hour $124.27 $124.27 Buckeye 1 hour $100.00 $100.00 El Mirage 1 hour $100.00 $100.00 Surprise 1 hour $107.50 $107.50 Avondale 1 hour $107.50 $107.50 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC Gila River 1 hour $107.50 $107.50 AZ Parks 1 hour $107.50 $107.50 Small Town 1 hour $107.50 $107.50 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $13.75 $13.75 MCSO 1 hour $13.75 $13.75 Phoenix 1 hour $13.75 $13.75 Mesa 1 hour $13.75 $13.75 Glendale 1 hour $13.75 $13.75 Gilbert 1 hour $13.75 $13.75 Scottsdale 1 hour $13.75 $13.75 Tempe 1 hour $13.75 $13.75 Peoria 1 hour $13.75 $13.75 Goodyear 1 hour $13.75 $13.75 Wickenburg 1 hour $13.75 $13.75 Fountain Hills 1 hour $13.75 $13.75 Chandler 1 hour $13.75 $13.75 Buckeye 1 hour $13.75 $13.75 El Mirage 1 hour $13.75 $13.75 Surprise 1 hour $13.75 $13.75 Avondale 1 hour $13.75 $13.75 Gila River 1 hour $13.75 $13.75 AZ Parks 1 hour $13.75 $13.75 Small Town 1 hour $13.75 $13.75 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $0.00 $0.00 MCSO 1 mile $0.00 $0.00 Phoenix 1 mile $0.00 $0.00 Mesa 1 mile $0.00 $0.00 Glendale 1 mile $0.00 $0.00 Gilbert 1 mile $0.00 $0.00 Scottsdale 1 mile $0.00 $0.00 Tempe 1 mile $0.00 $0.00 Peoria 1 mile $0.00 $0.00 Goodyear 1 mile $0.00 $0.00 Wickenburg 1 mile $0.00 $0.00 Fountain Hills 1 mile $0.00 $0.00 Chandler 1 mile $0.00 $0.00 Buckeye 1 mile $0.00 $0.00 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC El Mirage 1 mile $0.00 $0.00 Surprise 1 mile $0.00 $0.00 Avondale 1 mile $0.00 $0.00 Gila River 1 mile $0.00 $0.00 AZ Parks 1 mile $0.00 $0.00 Small Town 1 mile $0.00 $0.00 PRICING SHEET: NIGP CODE 968-84 Terms: NET 30 Vendor Number: VS0000002303 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020 2022 2023. SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., 3015 E. ILLINI ST, PHOENIX, AZ 85040 COMPANY NAME:RoadSafe Traffic Systems, Inc. DOING BUSINESS AS (dba): MAILING ADDRESS:3015 East Illini St REMIT TO ADDRESS:Phoenix, AZ 85040 TELPHONE NUMBER:602-243-1218 FAX NUMBER:602-243-3470 WWW ADDRESS:www.roadsafetraffic.com REPRESENTATIVE NAME:Jeff Meirick REPRESENTATIVE TELEPHONE NUMBER:480-352-3710 REPRESENTATIVE EMAIL ADDRESS jmeirick@roadsafetraffic.com bhengen@roadsafetraffic.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS QUATERNARY TERTIARY Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $1.75 $5,250.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $1.00 $4,000.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.75 $3,000.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.25 $250.00 Type B High Intensity Flashing warning light 5000 day $1.00 $5,000.00 Type C Low Intensity Steady Burn warning light 10000 day $0.25 $2,500.00 Type D 360 Degree Steady Burn warning light 10 day $3.50 $35.00 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.50 $500.00 Type II Barricade 9000 day $0.50 $4,500.00 Type III Barricade 700 day $1.00 $700.00 Portable Sign Stand (spring stand)750 day $1.50 $1,125.00 Traffic Cone Non-Reflectorized 28"5000 day $0.50 $2,500.00 Traffic Cone Reflectorized 28 Inches day $0.50 $0.50 Sand Bag 10000 day $0.50 $5,000.00 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., Flag 2000 day $1.00 $2,000.00 Arrow Boards 50 day $20.00 $1,000.00 Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.15 $15.00 End Section(s) for above Barriers day $285.00 $285.00 Channelizing Drums day $2.00 $2.00 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $2.50 $250.00 Portable Variable Message Signs Three-Line 50 day $55.00 $2,750.00 Temporary Traffic Barriers (Installation/Removal)foot $12.00 $12.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $50.00 $100,000.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $55.00 $308,000.00 Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $38.00 $221,160.00 Traffic Control Technician Does not include truck 2800 hr $38.00 $106,400.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.00 $21,000.00 2-Way Raised Pavement Marker Blue (installed)each $2.50 $2.50 1-way Chip seal marker with double clear protective cover 3000 each $2.00 $6,000.00 Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $75.00 $75.00 Zone 2 1 day $125.00 $125.00 Zone 3 1 day $150.00 $150.00 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $66.00 $264.00 MCSO 4 hour $72.00 $288.00 Phoenix 4 hour $62.00 $248.00 Mesa 4 hour $73.00 $292.00 Glendale 4 hour $62.00 $248.00 Gilbert 4 hour $85.00 $340.00 Scottsdale 4 hour $70.00 $280.00 Tempe 4 hour $92.00 $368.00 Peoria 4 hour $62.00 $248.00 Goodyear 4 hour $67.00 $268.00 Wickenburg 4 hour $62.00 $248.00 Fountain Hills 4 hour $73.00 $292.00 Chandler 4 hour $88.00 $352.00 Buckeye 4 hour $62.00 $248.00 El Mirage 4 hour $62.00 $248.00 Surprise 4 hour $76.00 $304.00 Avondale 4 hour $62.00 $248.00 Gila River 4 hour $62.00 $248.00 AZ Parks 4 hour $62.00 $248.00 Small Town 4 hour $62.00 $248.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $99.00 $99.00 MCSO 1 hour $123.00 $123.00 Phoenix 1 hour $93.00 $93.00 Mesa 1 hour $109.50 $109.50 Glendale 1 hour $93.00 $93.00 Gilbert 1 hour $127.50 $127.50 Scottsdale 1 hour $105.00 $105.00 Tempe 1 hour $138.00 $138.00 Peoria 1 hour $93.00 $93.00 Goodyear 1 hour $100.50 $100.50 Wickenburg 1 hour $93.00 $93.00 Fountain Hills 1 hour $109.50 $109.50 Chandler 1 hour $133.50 $133.50 Buckeye 1 hour $93.00 $93.00 El Mirage 1 hour $93.00 $93.00 Surprise 1 hour $114.00 $114.00 Avondale 1 hour $93.00 $93.00 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., Gila River 1 hour $93.00 $93.00 AZ Parks 1 hour $93.00 $93.00 Small Town 1 hour $93.00 $93.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $15.00 $15.00 MCSO 1 hour $8.00 $8.00 Phoenix 1 hour $8.00 $8.00 Mesa 1 hour $8.00 $8.00 Glendale 1 hour $8.00 $8.00 Gilbert 1 hour $8.00 $8.00 Scottsdale 1 hour $8.00 $8.00 Tempe 1 hour $8.00 $8.00 Peoria 1 hour $8.00 $8.00 Goodyear 1 hour $8.00 $8.00 Wickenburg 1 hour $8.00 $8.00 Fountain Hills 1 hour $8.00 $8.00 Chandler 1 hour $8.00 $8.00 Buckeye 1 hour $8.00 $8.00 El Mirage 1 hour $8.00 $8.00 Surprise 1 hour $8.00 $8.00 Avondale 1 hour $8.00 $8.00 Gila River 1 hour $8.00 $8.00 AZ Parks 1 hour $8.00 $8.00 Small Town 1 hour $8.00 $8.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $0.50 $0.50 MCSO 1 mile $0.50 $0.50 Phoenix 1 mile $0.50 $0.50 Mesa 1 mile $0.50 $0.50 Glendale 1 mile $0.50 $0.50 Gilbert 1 mile $0.50 $0.50 Scottsdale 1 mile $0.50 $0.50 Tempe 1 mile $0.50 $0.50 Peoria 1 mile $0.50 $0.50 Goodyear 1 mile $0.50 $0.50 Wickenburg 1 mile $0.50 $0.50 Fountain Hills 1 mile $0.50 $0.50 Chandler 1 mile $0.50 $0.50 Buckeye 1 mile $0.50 $0.50 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., El Mirage 1 mile $0.50 $0.50 Surprise 1 mile $0.50 $0.50 Avondale 1 mile $0.50 $0.50 Gila River 1 mile $0.50 $0.50 AZ Parks 1 mile $0.50 $0.50 Small Town 1 mile $0.50 $0.50 PRICING SHEET: NIGP CODE 968-84 Terms: NET 30 Vendor Number: VC0000002511 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020 2022 2023. SERIAL 180126-S TEMPORARY TRAFFIC CONTROL SERVICES 1.0 INTENT: The intent of this solicitation is to establish a contract for Temporary Traffic Control Services. This pricing agreement is for providing personnel and equipment for on-call barricade service in support of the Maricopa County Department of Transportation (MCDOT) projects. This service is to be authorized by Purchase Order only. Certain related products shall be purchased on this contract Maricopa County reserves the right to award this contract to multiple vendors. The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest. Other governmental entities under agreement with the County may have access to services provided hereunder (see also Sections 3.7 and 3.8, below). The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to ensure adequate competition on any project or task order work. 2.0 SPECIFICATIONS: 2.1 DESCRIPTION: The service shall consist of providing temporary traffic control services in support of County maintenance and repair operations using Contractor furnished equipment and labor on an as needed basis. The Contractor shall furnish all labor, materials, services, insurance and equipment necessary for the delivery, placement, maintenance, removal of temporary traffic control equipment, as well as labor for temporary traffic control purposes as set forth in these specifications. 2.2 TRAFFIC CONTROL MATERIAL AND LABOR: 2.2.1 The specific layout and setup of traffic control shall be governed by these specifications; Manual on Uniform Traffic Control Devices (MUTCD) (see item 2.5), and/or MCDOT pre-approved traffic control plans. The Contractor shall be provided with a list of personnel authorized to order services. The Contractor shall be furnished written documentation of specific projects, and expected dates of operation and shall respond within seven (7) calendar days to indicate their willingness to accept the project. Contractor shall be responsible to prepare specific traffic plans, which shall be approved in advance by MCDOT. If the Primary Contractor is unwilling or unable to accept the specific project, the project shall be awarded to the Secondary Contractor. Changes in traffic control plans or procedures may be authorized if substitute method of operation and set up supporting work is accepted by MCDOT. The County may utilize typical traffic control plans during the term of this contract and such plans will be provided to the Contractor. 2.2.1.1 MOBILIZATION & DEMOBILIZATION (TRAVEL TIME) There are three (3) zones for mobilization & demobilization, this is driving time to and from job sites throughout Maricopa County. The charge will be one (1) time per day to include both mobilization and demobilization. See Attachment A, Pricing Page, item 1.8 for the three (3) zones. 2.2.2 The Contractor’s Foreman shall be an ATSSA Certified Traffic Control Technician. A list of certified personnel shall be provided to the MCDOT Engineer prior to the beginning of any project. (The Contractor shall only utilize personnel who are certified flaggers.) Flaggers shall be certified by IMSA, ATSSA, LTAP or other approved sources. SERIAL 180126-S 2.2.3 Existing signs conflicting with construction signing shall be covered. Centerline vertical panels with appropriate "Keep Right" signing shall be installed if required by MCDOT. Two sand bags shall be required on all portable signs and vertical panels, if more are required due to weather conditions, they will be provided at no charge to the County. 2.2.4 The County may provide one (1) operational portable communications radio for the Contractor’s Foreman use. Contractor shall replace radio if lost or damaged by Contractor. 2.2.5 The Contractor shall pick up and remove signs, barricades, channels and other devices within twenty four (24) hours of notification and all covered signs shall be restored. 2.2.6 The contractor shall maintain a log of all requests for service. The log shall include name of requestor, date, time, and the required action to include: 2.2.6.1 Initial requests for signing. 2.2.6.2 Any additions or changes in signing. 2.2.6.3 The road segment being signed and traffic control requested. 2.2.7 The Contractor shall inspect and maintain all contractor installed portable traffic control devices at least once during each twenty-four (24) hour period. More frequent intervals of inspection and maintenance shall be made during periods of high winds or in areas where there is a continuing problem in maintaining the signs. Reports of all inspections with deficiencies shall be required and reported daily to the MCDOT. 2.2.8 The Contractor shall provide qualified supervision of all crews during the performance of the service. Supervisors and flaggers/laborers must be able to converse in the English language, and shall be authorized by the Contractor to receive and carry out directives issued by the MCDOT. 2.2.9 Portable Variable Message Signs; the message display shall utilize Light Emitting Diodes (LED’s), Flip-Disk, Flip-Disk/Hybrid or LED/Shuttered pixel for all matrix types (character, line and full). 2.2.10 All signs shall be NCFRP compliant, meet the requirements of the MCDOT Supplement to MAG, and the MCDOT Sign/Barricade Manual(s). 2.2.11 PILOT CAR WITH DRIVER Shall be ½ to one-ton truck with high-intensity rotating, flashing, oscillating, or strobe light and conspicuous location on the rear of vehicle to mount PILOT CAR FOLLOW ME (G20-4). 2.2.12 BARRICADE TRUCK WITH DRIVER Shall be a one (1) ton to one-and-one-half (1-1/2) ton truck capable of transporting all signs, delineators, cones, channels, flagging supplies, double-faced flexible road markers with a double clear protector tab, portable radios and other signing supplies required for the day's activity. The truck shall be equipped with high-intensity rotating, flashing, oscillating, or strobe light and variable message board. If the Contractor is unable to provide delivery and layout within the specified time, immediate notification will be made to the MCDOT Engineer. 2.2.13 TRUCK MOUNTED ATTENUATORS Truck-mounted attenuators shall be energy-absorbing devices attached to the rear of trucks and shall be used in accordance MUTCD Section 6F.82, or the latest revision of. SERIAL 180126-S 2.2.14 UNIFORMED OFF-DUTY OFFICER(S): The Contractor shall provide when requested by MCDOT State of Arizona Sworn uniformed off-duty officer(s) for temporary traffic control presence. Fully equipped vehicle may be required when requested by MCDOT. 2.3 CHIP SEAL MARKERS: 2.3.1 Chip Seal Marker, covered, 2-way yellow, Davidson TPRM-Y2 or equal. 2.3.2 Chip Seal Marker, covered, 1-way white, Davidson TPRM-W1or equal. 2.4 INSTALLATION CONFLICTS: In the event that MCDOT Highway Operations Engineer or his designee and the Contractor cannot agree on the proper traffic control or barricade installation, the judgment of the MCDOT Engineer or his designee shall prevail. The Contractor may request arbitration by the MCDOT Engineer. The Contractor shall comply with the decisions made by the MCDOT Engineer as a result of such arbitration. 2.5 REPORTS: Daily work sheets and a daily detailed listing of all the roads under signing shall be provided to the MCDOT Engineer. The report shall include the date signing was set up, the number and type of devices used for each mile, the date and time inspections were conducted (including the name of the traffic control tech and MCDOT inspector), the date and time signing was removed (or the work that is continuing). The Contractor and the MCDOT engineer shall sign the report daily. 2.6 STANDARDS: All equipment, signs, barricades and lighting devices shall be NCHRP-350 compliant, to the most current Federal Highway Administration MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES for streets and highways and all other polices or regulations on traffic control adopted by MCDOT. 2.7 COUNTY SIGNING: The County reserves the right to provide, install or set up construction signing and barricading as deemed necessary with County forces or by the Secondary Contractor if adequate materials and personnel cannot be supplied by the Contractor. 2.8 DAMAGED, STOLEN OR LOST SIGNING: All lost, stolen or damaged devices shall be immediately replaced by the Contractor or removed from the rental equipment listing upon notification by a MCDOT representative. MCDOT will make rental payments only for equipment that is physically used on projects and in acceptable working order verified by the MCDOT. Contractor shall not be reimbursed by MCDOT for the replacement value of lost or stolen equipment. 2.9 DISPATCH CENTER: The Contractor shall provide and maintain a manned twenty-four (24) hour dispatch center with an operational radio net and telephone to provide emergency service. The dispatch center must have at its disposal a sufficient number of trucks, men and equipment to respond to requests and initiate mobilization for service within two (2) hours, including nights, weekends and holidays. During active road maintenance operations, the men and equipment shall respond and mobilize within one (1) hour for the daily scheduled service. SERIAL 180126-S 2.10 SAFETY REQUIREMENTS: The Contractor shall adhere to all applicable OSHA, industry and local government safety procedures, rules and regulations. The Contractor shall train its personnel in appropriate safety standards relating to the performance of services described in these Technical Specifications. 2.11 INSPECTIONS: The County reserves the right to inspect each bidder’s equipment and review their application procedures prior to contract award. 2.12 QUALIFICATION OF BIDDERS: CONTRACTOR shall have minimum of five (5) years of experience. Only firms experienced in the processes of road construction/maintenance traffic control and barricading renting will be considered for contract award. 2.13 LICENSES AND PERMITS: The CONTRACTOR shall, at its expense, procure all necessary licenses and permits relating to Contractors operation in connection with the services described in these Technical Specifications. 2.14 PROTECTION OF PUBLIC AND PRIVATE PROPERTY: The contractor shall exercise prudent caution to protect pedestrian and vehicular traffic. Contractor shall further avoid causing damage to public and private property. If in the opinion of the MCDOT representative, the Contractor engages in a hazardous practice, Contractor shall cease such activity immediately after verbal or written notification by the MCDOT representative. 2.15 BILLING: The billing for services shall follow the daily report format and include a listing by road segments specified by the MCDOT Engineer W.O. number. Included with this will be the date and time, whether it was installation or removal, what type of activity (i.e. flagging, signing, inspection, etc.), what type of activity that the work is supporting (i.e. Chip Seal, Sweeping or Flushing), truck numbers of vehicles physically on the work site and the employee identification numbers for those employees physically on the work site. Signed daily work sheets shall be used to verify billing. 2.16 DELIVERY: It shall be the Contractor’s responsibility to meet the County’s delivery requirements, as called for in the Technical Specifications. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to make delivery and any price differential will be charged against the Contractor. 3.0 PURCHASING REQUIREMENTS: 3.1 USAGE REPORT: The Contractor shall furnish the County a usage report upon request delineating the acquisition activity governed by the Contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit. 3.2 INVOICES AND PAYMENTS: 3.2.1 The Contractor shall submit one (1) legible copies of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: SERIAL 180126-S • Company name, address and contact • County bill-to name and contact information • Contract Serial Number or • County purchase order number • Invoice number and date • Payment terms • Date of service or delivery • Quantity (number of days or weeks) • Contract Item number(s) • Description of Purchase (product or services) • Pricing per unit of purchase • Freight (if applicable) • Extended price • Mileage w/rate (if applicable) • Arrival and completion time (if applicable) • Total Amount Due 3.2.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order. 3.2.3 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site http://www.maricopa.gov/Finance/Vendors.aspx. 3.2.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI). 3.2.5 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 3.3 APPLICABLE TAXES: 3.3.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices. 3.3.2 State and Local Transaction Privilege Taxes: To the extent any State and local transaction privilege taxes apply to sales made under the terms of this contract it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority. 3.3.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or State and local laws and regulations, and any other costs including; transaction privilege taxes, unemployment compensation insurance, Social Security, and Worker’s Compensation. 3.4 TAX (SERVICES): No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor to determine any and all applicable taxes and include the cost in the proposal price. SERIAL 180126-S 3.5 PERFORMANCE: It shall be the Contractor’s responsibility to meet the proposed performance requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to perform and any price differential will be charged against the Contractor. 3.6 POST AWARD MEETING: The Contractor may be required to attend a post-award meeting with the Using Agency to discuss the terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of the Contract. 3.7 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE): The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of $AVE, please state so in your bid. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this bid. 3.8 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s): County currently holds ICPA’s with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract. Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract. 3.9 VOLUNTARY EMPLOYEE DISCOUNTS: 3.9.1 Vendors may voluntarily offer discounts to County employees for products or services provided under this contract. Whether a vendor offers or does not offer an employee discount is not a factor in nor considered in the evaluation of responses to this solicitation. 3.9.2 Any discount offered is part of a commercial transaction between the vendor and individual County employees and the County is not a party to the transaction. Any disputes or issues arising from an individual commercial transaction between the vendor and an individual County employee is a matter between the vendor and the employee. If a discount is offered, the terms will be announced to County employees. 4.0 CONTRACTUAL TERMS & CONDITIONS: 4.1 CONTRACT TERM: This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a term of two (2) years. 4.2 OPTION TO RENEW: The County may, at its option and with the concurrence of the Contractor, renew the term of this Contract up to a maximum of three (3) additional years, (or at the County’s sole discretion, extend the contract on a month to month basis for a maximum of six (6) months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least sixty (60) calendar days prior to the expiration of the original contract term. SERIAL 180126-S 4.3 CONTRACT COMPLETION: The Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include but is not limited to preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records, and other data in the possession, custody or control of Contractor required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. 4.4 PRICE ADJUSTMENTS: Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County shall issue written approval of the change and provide an updated version of the Contract. The new change shall not be in effect until the date stipulated on the Contract. 4.5 FUEL COST PRICE ADJUSTMENT: 4.5.1 This provision provides for limited increased or decreased costs of motor fuels (fuels) used to perform services under this Contract. This provision does not apply to burner fuel (i.e. propane, natural gas, fuel oil, used motor oil). It applies to motor fuel only. Fuel cost adjustments may be either positive or negative. A positive fuel cost adjustment will result in an increase in payments to Contractor while a negative fuel cost adjustment will result in a decrease in payments to Contractor. 4.5.2 This provision is intended to minimize risk to both parties to this Contract due to fuel cost fluctuations that may occur during the term of this Contract. This provision is not designed to estimate actual quantities of fuel used in providing services under this Contract, but to provide a reasonable basis for calculating a fuel cost adjustment based on average conditions. 4.5.3 Application of this provision will come into effect upon Contractor submittal of a fuel cost adjustment request. A request may be submitted only when the increased cost of fuel, established as a percentage of total contract price (base fuel cost) upon award of this Contract, exceeds ten (10%) percent of the base fuel cost. The Contractor may request a fuel surcharge no more than four (4) times annually, during the month(s) of March, June, September and December. The request must be submitted no later than the tenth (10th) of the month. Any surcharge shall be effective the first of the following month after receipt and approval. The date of County approval of a fuel cost adjustment request shall become the base date for any future Contractor adjustment requests. 4.5.4 Contractor shall include, as part of its price bid, the percentage of total contract price fuel represents (e.g., fuel cost equals 10% of Contractor cost) (see also, Attachment A, Vendor Information). This percentage will represent and establish the base fuel cost for this Contract. The base fuel cost shall be established as the due date for submission of bids for this Contract. All subsequent fuel cost adjustments shall be based upon the date the County approves a Contractor’s request for fuel cost adjustment (e.g. fuel cost adjustment approved by County on January 1, 2006, January 1, 2006 becomes base date for any next Contractor request for adjustment). 4.5.5 Fuel Cost Application Requirement. The Contractor must provide documentation including type of motor fuel and fuel invoices with price of the fuel used in providing services under this Contract, from the month bids were due and the month of the cost adjustment request, with any fuel cost adjustment application. The fuel cost adjustment application must be completed with all applicable data, and signed by the Contractor. SERIAL 180126-S Any cost adjustment will be calculated by the County by using the bureau of Labor Statistics, Producer Price Index for Gasoline – WPU0571 and #2 Diesel Fuel – WPO57303 (http://data.bls.gov/cgi-bin/surveymost?wp). 4.5.6 The fuel surcharge shall be based on the current quarterly index of the West Coast (PADD5) Diesel (On-Highway)-All Types or Reformulated Areas Gasoline compared to the previous quarterly index period as reported on the Energy Information Administration (EIA) website: http://www.eia.doe.gov/ 4.5.7 The computation of the fuel surcharge amount shall be determined as follows: 4.5.7.1 The fuel cost component from Attachment A (vendor information) of the Contract with Maricopa County, multiplied by the percent of change indicated by the EIA report from the previous index period. 4.5.7.2 Upon agreement by the County to the surcharge, the County shall issue written approval of the change prior to any adjusted invoicing submitted for payment. 4.5.7.3 The surcharge shall be added as a separate line item to the invoice. 4.6 INDEMNIFICATION: To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or mistakes relating to the performance of this Contract. Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The scope of this indemnification does not extend to the sole negligence of County. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the negligent performance of this Agreement, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. 4.7 INSURANCE: 4.7.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or SERIAL 180126-S companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 4.7.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 4.7.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 4.7.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. 4.7.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 4.7.6 The insurance policies required by this Contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insureds. 4.7.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor’s work or service. 4.7.8 Commercial General Liability: Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 4.7.9 Automobile Liability: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the Premises under this Contract. 4.7.10 Workers’ Compensation: Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. SERIAL 180126-S Contractor, its contractors and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract. 4.7.11 Certificates of Insurance: 4.7.11.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. 4.7.11.2 In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance. 4.7.11.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date. 4.7.12 Cancellation and Expiration Notice: Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within 2 business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 320 West Lincoln Street, Phoenix, AZ 85003, or emailed to the Procurement Officer noted in the solicitation. 4.8 ORDERING AUTHORITY: 4.8.1 Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment. 4.9 REQUIREMENTS CONTRACT: 4.9.1 This Contract does not guarantee any minimum or maximum purchases will be made. If purchases are made for the materials or requirement contained in the Contract, they will be purchased from the Contractor awarded that line item. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved. 4.9.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 4.10 PURCHASE ORDERS: County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for SERIAL 180126-S actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc. 4.11 SUSPENSION OF WORK: The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 4.12 STOP WORK ORDER: The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either: 4.12.1 Cancel the stop-work order; or 4.12.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this Contract. 4.12.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or Contract price, or otherwise, and the Contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor. 4.13 TERMINATION FOR CONVENIENCE: Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. 4.14 TERMINATION FOR DEFAULT: The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 4.14.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension; 4.14.2 Make progress, so as to endanger performance of this contract; or 4.14.3 Perform any of the other provisions of this contract. The County’s right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure. SERIAL 180126-S 4.15 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three years after execution of the Contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County from any other party to the Contract arising as the result of the Contract. 4.16 OFFSET FOR DAMAGES: In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 4.17 SUBCONTRACTING: 4.17.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. 4.17.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the Subcontractor’s invoice must accompany the Prime Contractor’s invoice. 4.18 AMENDMENTS: All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 4.19 ADDITIONS/DELETIONS OF SERVICE: The County reserves the right to add and/or delete services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the Contract price. If additional services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. 4.20 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 4.20.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials. 4.20.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. SERIAL 180126-S 4.21 AUDIT DISALLOWANCES: If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 4.22 VALIDITY: The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract. 4.23 SEVERABILITY: The removal, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract. 4.24 RIGHTS IN DATA: The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each Party shall supply to the other Party, upon request, any available information that is relevant to a Contract and to the performance thereunder. 4.25 RELATIONSHIPS: 4.25.1 In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co-employee, partnership, principal and agent, or joint venture between the County and the Contractor. 4.25.2 The County reserves the right of final approval on proposed staff. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 4.26 NON-DISCRIMINATION: CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. 4.27 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 4.27.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor, it’s current officers and directors; SERIAL 180126-S 4.27.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States Department or Agency or any state, or local jurisdiction; 4.27.1.2 have not within 3-year period preceding this Contract: 4.27.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and 4.27.1.2.2 been convicted of violation of any Federal or State antitrust statues or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; 4.27.1.2.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and have not within a 3-year period preceding this Contract had any public transaction (Federal, State or local) terminated for cause or default. 4.27.1.2.4 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 4.27.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. If this clause is applicable to a subcontractor, the Contractor shall include the information required by this clause with their bid. 4.28 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 4.28.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e-verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV. 4.28.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 4.28.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors SERIAL 180126-S are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 4.29 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS: 4.29.1 The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition Regulation; 4.29.2 Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to County upon request. 4.29.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013). 4.30 CONTRACTOR LICENSE REQUIREMENT: The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses. 4.30.1 Contractor shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. Contractor shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses. 4.30.2 Contractors furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. Contractor is not relieved of its obligation to possess the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract. SERIAL 180126-S 4.31 INFLUENCE: As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for Disbarment or Suspension under MC1-902. An attempt to influence includes, but is not limited to: 4.31.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy, 4.31.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 4.32 OFFSET FOR DAMAGES: In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the Contract. 4.33 CONFIDENTIALITY INFORMATION: In the course of the solicitation process, the County may disclose information that is proprietary or confidential. By submitting a proposal to the solicitation, the offeror agrees that, except as necessary to prepare a response to this solicitation, neither it nor its agents or employees will communicate, divulge or disseminate to any third-party-persons or entities, any information that is disclosed to it by the County during the course of these discussions without the express written authorization of the County. If the offeror does disclose County proprietary or confidential information to a third party in preparing a response to this solicitation, it shall require the third party to acknowledge and comply with this provision. Any information obtained in the course of performing this Contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information. The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. The Contractor’s procedures and controls at a minimum must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the Contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within fifteen (15) calendar days of the written request to do so. Any requests to the Contractor for County proprietary or confidential information s shall be referred to the County for review and approval, prior to any dissemination. 4.34 PUBLIC RECORDS: Under Arizona law, all bids submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Bids or sections thereof SERIAL 180126-S determined to contain proprietary or confidential information by the Office of Procurement Services. If a Bidder believes that information in its bid or any resulting Contract should not be released in response to a public record request under Arizona law, the bidder shall indicate the specific information deemed confidential or proprietary and submit a statement with its bid detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 4.35 UNIFORM ADMINISTRATIVE REQUIREMENTS: By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 4.36 GOVERNING LAW: This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona. 4.37 FORCE MAJEURE: 4.37.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service. 4.37.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 4.37.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. SERIAL 180126-S 4.38 STRICT COMPLIANCE: Acceptance by County of a performance that is not in strict compliance with the terms of the Contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the Contract. 4.39 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. Unless and until the District Court's injunction in Jordahl is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S. §35-393.01 (A)) is unenforceable and the County will take no action to enforce it. 4.40 INTEGRATION: This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied.