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Home My WebLink AboutAGENDApacket__04-15-25_0500_696 NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL Mayor Gerry M. Friedel Vice Mayor Hannah Toth Councilmember Gayle Earle Councilmember Brenda Kalivianakis Councilmember Rick Watts Councilmember Peggy McMahon Councilmember Allen Skillicorn TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, APRIL 15, 2025 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 a 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 Instructions The public is welcome to participate in Council meetings. TO SPEAK TO A CONSENT OR REGULAR AGENDA ITEM, complete a Request to Comment card and hand it to the Town Clerk prior to discussion of that item. Include the agenda item NUMBER on which you wish to comment. A separate submission is required for each agenda item. Request to Comment cards will not be accepted once the Council deliberations begin. Submit a Request to Comment card prior to a public hearing agenda item. TO COMMENT ON A CONSENT OR REGULAR AGENDA ITEM IN WRITING ONLY, complete a Request to Comment card, indicating that it is a written comment, check the box on whether you are FOR or AGAINST a consent or regular agenda item, and hand it to the Town Clerk prior to discussion on that item. A separate submission is required for each agenda item. TO SPEAK TO CALL TO THE PUBLIC, complete a Request to Comment card and hand it to the Town Clerk. 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 IN WRITING ONLINE: Visit https://www.fountainhillsaz.gov/publiccomment and submit a Request to Comment card by 3:00 PM on the day of the meeting. These comments are shared with the Town Council. This Request to Comment card, and any information you write on it, is a public record subject to public disclosure. 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 Friedel 2.INVOCATION 3.ROLL CALL – Mayor Friedel 4.STATEMENT OF PARTICIPATION 5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER A.PROCLAMATION: Recognition of Fountain Hills High School Student Ava Bourne for Outstanding Achievements in Wrestling. B.MAYOR'S BUSINESS SPOTLIGHT - Night Sky Tourist C.PROCLAMATION: Designation of April 21 – April 28, 2025, as International Dark Sky Week. 6.PRESENTATIONS A.The Public Works Director will be updating the Council on wash maintenance. 7.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda. 8.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A.CONSIDERATION AND POSSIBLE ACTION: Approving the Minutes for the Town Council Regular Meeting of March 18, 2025. 9.REGULAR AGENDA A.CONSIDERATION AND POSSIBLE ACTION: Approval of the Council Subcommittee’s recommendation for appointment to the Strategic Planning Advisory Commission, to a partial term from April 1, 2025, to April 30, 2026. B.CONSIDERATION AND POSSIBLE ACTION: a request to apply for Congressionally Directed Spending on behalf of the International Dark Sky Discovery Center C.CONSIDERATION WITH POSSIBLE ACTION: Relating to RESOLUTION NO. 2025-15, approving updates to the Town Council Rules of Procedure, amended and restated April 15, 2025. D.CONSIDERATION AND POSSIBLE ACTION: Review and remove the sanctions previously imposed on Councilmember Allen Skillicorn. E.CONSIDERATION AND POSSIBLE ACTION: Regarding retaining the law firm of Pierce Coleman and Aaron Arnson as the Town Attorney. 10.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Town Council Regular Meeting of April 15, 2025 2 10.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. 11.FUTURE AGENDA ITEMS 12.ADJOURNMENT Dated this 10th day of April, 2025. /s/ Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (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 April 15, 2025 3 ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/15/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Recognition of Fountain Hills High School Student Ava Bourne for Outstanding Achievements in Wrestling. Staff Summary (Background) Mayor Friedel will recognize and commend Fountain Hills High School Student Ava Bourne for her outstanding achievements in Wrestling. Attachments Proclamation Form Review Form Started By: Angela Padgett-Espiritu Started On: 04/03/2025 04:14 PM Final Approval Date: 04/03/2025 i,/ / A,; ,-/ i \ / . ar _''/\' . 1/,, ,_,,,,i1T-- ,, 7,/ , 4 ,, , 4„ ,,, i z-, sibIPROCLAMATIONw RECOGNIZING AVA BOURNE FOR HER OUTSTANDING ACHIEVEMENTS IN WRESTLING r,;, WHEREAS,Ava Bourne of the Fountain Hills High School wrestling team has demonstrated N exceptional athletic ability, perseverance, and sportsmanship throughout the 2024-2025 wrestling season; and WHEREAS,Ava Bourne competed in the girls'sectional state qualifier, showcasing her remarkable Wrestling skills and earning first place overall in her division; and j :,w WHEREAS,Ava began her season with an impressive performance,winning all three of her matches in her first tournament and receiving the Outstanding Wrestler award among approximately 80 i participants; and i 4. WHEREAS,Ava's versatility in wrestling, including her expertise in grappling and powerful takedowns, has established her as one of the top competitors in the state; and WHEREAS, under the leadership of Fountain Hills High School head coach Luke Salzman,Ava has c5-7. -... ( ..(displayed unwavering dedication and toughness, securing a historic victory as the first sectional champion in the Fountain Hills wrestling program's history; and WHEREAS,Ava entered the sectional tournament with a 13-2 record, pinned her opponent in the 1: championship match, and advanced to the state tournament with a 15-2 record, earning a second- seeded placement in her bracket; and 1, WHEREAS,Ava achieved an extraordinary feat by securing second place at the 2025 Arizona I , W 1 Interscholastic Association (AIA)Wrestling State Championships, bringing pride and recognition to Fountain Hills; and WHEREAS,Ava's achievements serve as an inspiration not only to female wrestlers but to all athletes and members of the Fountain Hills community. NOW,THEREFORE, I, Gerry M. Friedel, Mayor, along with the Council, on behalf of the Town of m. Fountain Hills do hereby recognize and commend AVA BOURNE for her exceptional accomplishments in wrestling and extend our best wishes for continued success. IN WITNESS WHEREOF,we have hereunto set our hands and caused the official Seal of the Town of Fountain Hills to be affixes this 15th day of April, 2025. If eligL 17 y; GerrYt\ y M. Friedel, Mayor i ;:l'; 4 —— • --- iv• ATTEST: f Be elyn . Bender,Town Clerk ITEM 5. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/15/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Designation of April 21 – April 28, 2025, as International Dark Sky Week. Staff Summary (Background) Mayor Friedel will proclaim the week of April 21 - April 28, 2025, as International Dark Sky Week. Attachments PROCLAMATION: Designation of April 21 – April 28, 2025, as International Dark Sky Week Form Review Form Started By: Angela Padgett-Espiritu Started On: 02/18/2025 04:59 PM Final Approval Date: 02/18/2025 ITEM 6. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/15/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Presentations Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): The Public Works Director will be updating the Council on wash maintenance. Staff Summary (Background) Seasonal Suspension of Wash Maintenance in Fountain Hills As part of our commitment to public safety, environmental stewardship, and responsible maintenance practices, the Town of Fountain Hills will suspend routine wash maintenance activities during the warmer months of the year. This decision is based on three critical factors: safety risks to workers and the public, the potential for fire hazards associated with maintenance operations, and the need to protect the delicate Sonoran Desert ecosystem during a vital period of wildlife activity. 1. Safety Considerations for Crews and the Public The washes in Fountain Hills provide a natural habitat for a variety of desert wildlife, including venomous spiders, snakes, and other potentially dangerous creatures. During the warmer months, these animals become more active, increasing the risk of encounters that could result in serious injury to maintenance crews working within the washes. Rattlesnakes, scorpions, and black widow spiders are commonly found in these areas, posing a significant threat to workers operating equipment or performing routine maintenance tasks. Additionally, the extreme heat of the summer months increases the risk of heat-related illnesses such as dehydration, heat exhaustion, and heat stroke, making it unsafe to conduct prolonged outdoor maintenance work in these exposed areas. 2. Fire Hazard Prevention The dry, hot conditions of summer significantly elevate the risk of wildfires, particularly in areas with thick vegetation. Maintenance vehicles and equipment, such as mowers, trimmers, and heavy machinery, generate heat and occasional sparks, which can ignite dry grass, brush, or other flammable materials in the wash. With the increasing concern of wildfires in Arizona, the Town must take a proactive approach to minimize any potential ignition sources. Suspending wash maintenance during this period reduces the risk of accidental fires that could threaten nearby homes, wildlife, and the surrounding environment. 3. Protection of the Sonoran Desert Ecosystem The washes serve as vital habitats for numerous species of ground-dwelling mammals, reptiles, and birds, many of which rely on these areas for nesting, breeding, and raising their young during the spring and summer months. Maintenance activities such as clearing vegetation, removing debris, and operating heavy equipment can disrupt these sensitive habitats, leading to displacement or harm to local wildlife. By pausing maintenance efforts during this crucial period, the Town ensures that species such as quail, desert tortoises, burrowing owls, and other native animals can thrive without undue disturbance. Conclusion The temporary suspension of wash maintenance during the warmer months is a necessary and responsible measure to protect human safety, prevent fire hazards, and preserve the unique desert ecosystem of Fountain Hills. Maintenance operations will resume in the cooler months when risks are reduced, ensuring that our washes remain functional while prioritizing safety and environmental conservation. The Town appreciates the community’s understanding and cooperation in supporting this policy for the well-being of both residents and local wildlife. Fiscal Impact Fiscal Impact:$350.00 Budget Reference:FY 25 Funding Source:ENVAD If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments PowerPoint Form Review Inbox Reviewed By Date Town Manager Angela Padgett-Espiritu 04/03/2025 08:42 AM Form Started By: Justin Weldy Started On: 03/04/2025 01:28 PM Final Approval Date: 04/03/2025 Presented byJustin T. Weldy, Public Works Director Town Council Meeting April 15th, 2025 Town of Fountain Hills Wash Maintenance Update 2 3 Wash Maintenance •Town manages approximately 208 total acres of surface drainage washes •In the second half of FY25, approximately 47 acres of washes have been maintained (and counting) •Powder Wash, Cereus Wash, Hagen Wash, Jacklin Wash, Malta Wash, Ashbrook Wash (from Hampstead Dr. to Bayfield Dr.) •approximately 50 tons/per acre, 2,350 tons of organic material shredded so far in FY25 4 Wash Maintenance Powder Wash BEFORE AFTER 5 Wash Maintenance Powder Wash BEFORE AFTER 6 Wash Maintenance Oxford Wash Inlet Maintenance BEFORE AFTER 7 Wash Maintenance Ashbrook Wash BEFORE AFTER 8 9 Questions ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/15/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approving the Minutes for the Town Council Regular Meeting of March 18, 2025. 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 for the Town Council Regular Meeting of March 18, 2025. SUGGESTED MOTION MOVE to approve the Minutes for the Town Council Regular Meeting of March 18, 2025, as presented. Attachments Verbatim Minutes Form Review Form Started By: Angela Padgett-Espiritu Started On: 03/06/2025 05:55 PM Final Approval Date: 03/06/2025 TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 1 of 34 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL March 18, 2025 A Regular Meeting of the Fountain Hills Town Council was convened via Microsoft Teams at 3:00 p.m. Members Present: Mayor Gerry Friedel: Vice Mayor Hannah Toth; Councilmember Gayle Earle; Councilmember Brenda J. Kalivianakis; Councilmember Rick Watts; Councilmember Peggy McMahon; Councilmember Allen Skillicorn Staff Present: Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Acting Town Clerk Angela Padgett-Espiritu TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 2 of 34 Post-Production File Town of Fountain Hills Town Council Meeting Regular Minutes March 18, 2025 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 MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 3 of 34 PAVIA: (Audio starts mid-sentence) -- character at the front of everything. We have a beautiful town. Help us to make this place just amazing place continually and let us work together to do the best we can. We ask all this in Jesus' name. Amen. MAYOR FRIEDEL: Thank you. Town clerk, could you please take a roll call? PADGETT-ESPIRITU: Thank you, Mayor. Mayor Friedel? MAYOR FRIEDEL: Present. PADGETT-ESPIRITU: Vice Mayor Toth? TOTH: Present. PADGETT-ESPIRITU: Councilwoman Earle? EARLE: Here. PADGETT-ESPIRITU: Councilmember Kalivianakis? KALIVIANAKIS: Here. PADGETT-ESPIRITU: Councilman Watts? WATTS: Here. PADGETT-ESPIRITU: Councilmember McMahon? MCMAHON: Present. PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: Here. PADGETT-ESPIRITU: We have a quorum. MAYOR FRIEDEL: Thank you. Would you please read the statement of participation? PADGETT-ESPIRITU: Yes. My pleasure. Good evening, everyone. Anyone wishing to address the council regarding items listed on the agenda or under call 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 item. Once the agenda item has started, late request to speak cannot be accepted. 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 TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 4 of 34 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. It is also requested that applause be kept to a minimum to avoid disruption of the meeting, to maintain decorum, and provide for an equal and uninterrupted presentation. Thank you. MAYOR FRIEDEL: Thank you. And before we start the reports by mayor and councilmembers and town manager, we have two changes on the agenda tonight. So the recognition and proclamation for the boys basketball team is going to be moved to approximately 6:30. There's a couple of the players that are involved in a game in Scottsdale, so they'll be on their way here. So that one will be moved down in the line and somewhere around the 6:30 time mark. And the second change is that we have pulled agenda item 9-C. That will be held -- that will be heard at a future. So if you came to speak on 9-C, the T-Mobile hometown grant, you will not be able to speak on that since that item has been pulled. Thank you. And now we'll start with our reports. Town manager, Rachel Goodwin? GOODWIN: Good evening, Mayor, Council, all of our -- all of our fans out there. We have a full house tonight. Thanks, everybody, for coming out. I had a couple of quick updates. One, I wanted to remind everybody that tomorrow is a big day for public input. We have two opportunities. They're actually kind of back to back. One begins at 4 p.m. at the community center, and that is through the Strategic Planning Advisory Commission. They're taking public feedback about the upcoming strategic plan. We also have another public meeting starting at 5 p.m. here in the council chambers. That is a review and open comment about the downtown plan. So both of those are open to the public. Those are great opportunities to hear feedback and input from our community. The last update I wanted to share was a big thank you to our staff and our volunteers that helped put on this past weekend's Irish Fest. We were a little leery of the weather. TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 5 of 34 Thankfully, everything worked out wonderfully. It was a beautiful, beautiful day, and we had record-breaking attendance. We estimate at this point it was around 10,000 throughout the day, which is our largest Irish Fest yet. I wanted to recognize that we had 42 volunteers and staff that showed up to help us put on the event. And that is not including our partnership with the Elks, who had another 30 volunteers there. So more than 70 volunteers helped put that event on. And I can't thank everybody enough for such a successful day. So big kudos to everyone. That's what I have, Mayor. Thank you. MAYOR FRIEDEL: Councilwoman Earle, two minutes. EARLE: I just wanted to reiterate, please do come tomorrow night. We do want to hear your feedback about the downtown upgrade that we're looking forward to do and it helps us decide what we want to support here. I did attend the Irish Fest. It was really wonderful. Especially, I was really impressed by those -- the rock walls and the kids going up so high. It was a little scary watching that, but when my son was little, he would have been up there. Also, enjoyed going to the mayor's coffee and learned a lot from him last Friday and looking forward to this weekend. We have the flutter event as well as the William Graham event in the park. The flutter event is Centennial Circle. So you have two good things to go visit this town - - this weekend. We have wonderful things going on in this town all the time. Thank you. MAYOR FRIEDEL: Councilwoman Kalivianakis, two minutes. KALIVIANAKIS: Thank you, Mr. Mayor. Thanks, everybody for coming tonight. Like Rachel said, wow, what a packed house. The very core of democracy is that everyone who is affected by the decisions have the right to be involved in the decision-making process. So thank you for being here and for participating. Also, for the people on YouTube and Cox Channel 11, hi out there, and of course, live streaming. The legislative updates every Monday are always very informative. I had a chance to go with the mayor to the grand opening of the Mesquite Hollow trailhead. I'd like to thank all the hard working volunteers and the trailblazers for TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 6 of 34 putting that together. Fountain Hills is known for being a health and wellness community and what a wonderful thing and what a great sense of volunteerism. Just like with our Irish event, I think ten percent of the people in this town volunteer. What a remarkable statement on our town. I went to the ribbon cutting with the Clarkson Insurance Agency. And that was a wonderful thing to go to again with the mayor. We had a budget open house this week with Paul Soldinger, and these things -- it was fairly attended. But all these open houses for the budget to understand how the budget works and the workshops are so important for you guys because what happens in our town council meetings is just one small part of your town government. And the budget is such a huge thing in our community. People want things done -- parks, roads, all these kind of things. It all starts with the budget, the budget, the budget. And so if you really want to follow your government, follow the money. We had the coffee with a cop at the Target Center this week. I was so proud to be there. We had at least 16 deputies, including one pregnant one. The Chamber of Commerce was there, a lot of the public was there. We discussed so many topics. It was great. And I just want to thank Target for making that happen. What a great partner in our community. Fountain Hills Irish Fest, again, was a spectacular. I talked to Ryan. He said it was a record crowd over 10,000 people. Again, volunteers, citizen participation, it's what makes Fountain Hills the special town that we are. And then lastly, what Gail mentioned for our faith community, we have such a treat this weekend, a rare opportunity. The legacy of Billy Graham will live on in Fountain Hills through his son, Will Graham, for the Look Up Celebration. This will be this weekend at the same time as the flutter unfortunately. It will be at the Fountain Park. There'll be music, worship, a kid fest in the afternoon, and the program begins from 6 to 8. What a blessing for our community. It's going to be hard to go -- where to go this weekend, and that's a good thing. So thanks, everyone for coming. That's my report. MAYOR FRIEDEL: Councilman Watts? TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 7 of 34 WATTS: Short and sweet. The Arizona League of Cities, I attended that meeting, the budget open house, the mayor's coffee, and the Irish festival. And past that, I can't remember. MAYOR FRIEDEL: Councilman Skillicorn. SKILLICORN: Thank you, Mr. Mayor. Yeah, very, very brief. Obviously, the legislative update on Monday. Today was GPEC. And I do want to also shout out about the Look Up event this weekend. There's a 1 p.m. kids fest and then 6 p.m. with the concerts and Will Graham, who's Billy Graham's grandson. And I hope everyone can attend. Thanks. MCMAHON: Good evening, everyone. Economy of time, I'm going to pass. Thank you. MAYOR FRIEDEL: Okay. Vice Mayor? TOTH: I will also be short and sweet. Irish Fest was awesome. You had your coffee with the mayor. I did end up having to leave early for work, but it seemed like we had a great turnout for that. And that's all I got. MAYOR FRIEDEL: Thank you. And as has been mentioned, the Mesquite Hollow Trail ribbon cutting was done. That trail is about 1.8 miles. And if you haven't been out there, it's supposed to be the most scenic trail in the Adero Canyon area. And I want to thank the trailblazers and the 200 or so volunteers and the stewards and the people that guide those tours out there are just phenomenal. So I was in the Elks beer tent for Irish Fest, and I'll tell you, we sold a lot of beer. So it was very successful, big crowds, the weather cleared out. It was really great. The coffee with the mayor was a success. We had about 30, 35 people there and we had good discussion, good questions. And as Rick mentioned, the budget open house. I also had a meeting with Mark Kelly's office, and we talked about some things that are really important to this town going forward, and they took a lot of notes. The town manager was in there with me. And so they know where we stand and what we're looking for and where we need the help. And as was mentioned, the ribbon cutting with Allstate, John Clarkson, that was a phenomenal ribbon cutting, as well. And that's all I have to report. TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 8 of 34 So now we will move on to our recognitions tonight. And I want to start the first one off by saying a few things up here first, Doug, about you. And when I read my report on you, Doug, you're a very positive influence on this town and you set such a great example. I hope others follow that lead and that example of being so positive for our town. So let me tell you a few things about Doug and then I'll come down and I'll read the recognition. So Doug is a charter member of the American Legion Post 58 and let me back up for one second. Doug was chosen for this award, not by me, but by the American Legion Post, the Marine Corps League, the VFW, and the Vanguard Veterans Association. So we put this committee together to recognize veterans in our community. We have 2,800 veterans that live in this community and we respect you all and we thank you all for your service. So we want to make sure that we do something to recognize some of those veterans. So as I mentioned, Doug is a charter member of the American Legion post that goes back just a few years, I think, right, Doug? And he also is one of the original founders of the Fountain Hills Great Fair, the Gunsite Gallery and Art School, Finishing Touch Body Shop, and Que Bueno. I didn't know this, but you and your wife actually were the ones behind Que Bueno in this town, so that's good to know. Also, the Fountain Hills Auto Club, and he's been involved with the Fountain Festival for many years and also the architectural committee for the town, the AMVETS Marine Corps League, and the Presbyterian Church. Doug has also donated his sculpture to the Dark Sky Discovery Center. Is Joe Bill in the room tonight? Joe Bill, I may ask you to come up and say a couple of words about that donation, because I think it's really important for the Dark Sky Discovery Center. So Doug is quite a creative guy. And you know what? It's time for that recognition. So I'm going to come down and read that recognition. I'm going to have you come up, and then we'll get a picture with you in front of all the town council. How about that? That's okay. You're doing great. So George Douglas Katonak, in grateful recognition of your dedicated service to our nation, your significant contributions to Fountain Hills, TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 9 of 34 your courage, commitment, and sacrifice exemplify the highest ideals of patriotism and selflessness. On behalf of the town council and the residents of Fountain Hills, we honor your service and thank you for your invaluable role in protecting our freedoms and enriching our community. Doug, do you want to say a few words? KATONAK: Well, there are a lot of things I thought about saying, but I decided I'd cut it as short as I possibly can, because there's a few stories that I would enjoy telling. But anyway, I don't want to bore you folks, but just thank you so much for your attendance and your courtesy to me. It means a lot. I've been in this town now over 50 years and I've seen a lot of changes. And I had a little bit to do with some of the changes, but it's been fun. And this situation about my inability to walk. I had a fall a couple of months ago and I was able to walk. And after I ended up at the hospital for ten days and when I got out of the hospital, I couldn't walk. And so I have to rely on things like that over there. It's not much fun. You know what, I'm sitting around or lying down, I feel perfectly normal and like there's nothing wrong. And I get out of the chair, or I get out of the bed and I -- my feet don't want to move. So it is what it is, but anyway, thank you very much. MAYOR FRIEDEL: You're doing great. And is Joe Bill here? Joe Bill, come on up and say a couple words, will you, please? BILL: Well, thank you. First, I want to just say as many of you know, there is a first-class building being constructed with the International Dark Sky Discovery Center. And if you've been to first-class places around the state, they all have first-class artwork to go with it. And we are so delighted that Doug is donating that sculpture to be placed in an area right near the International Dark Sky Discovery Center. We are honored. We are pleased. We are happy with that. We're very excited about it. It is a first-class piece of art. So thank you, Doug, for that. MAYOR FRIEDEL: Perfect. KATONAK: You know, I would like to mention one thing. I was actually the first resident artist in Fountain Hills. And anyway, I got persuaded by our former mayor, Jerry Miles. TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 10 of 34 He was at my house visiting one day and he saw this little model sculpture that I made out of clay. And he said, Doug, why don't you do a full-size one? Life size, you know? And I thought, geez, I never did anything like that before. But anyhow it took me a -- well, it took over a year to complete the thing, but -- and the thing that bothered me was the Council on the Committee of Art, as you folks can see, supposedly there's over 100 art pieces in Fountain Hills. And there's -- I wanted to have a nice place to put my statue, but by the time they're ready to talk to me, they had all these statues, and I said, it's kind of funny. I'm the first guy here. Jerry Miles asked me to -- ask me to make a sculpture. And then when I said, well, it's all done, Jerry. What are we going to do with it? He said, well, Doug -- he said, we don't have any money. So anyway, I won't go into it beyond that, but it's going to be over at the Discovery Center. Okay. BILL: They picked a beautiful place for it, too. MAYOR FRIEDEL: It's going to be perfect there. So thank you again. So next we will start with the Mayor's Business Spotlight. And this is an initiative that I started to recognize businesses that have made a difference in our town -- throughout our community. And tonight's recognition is going to Papaya'z in -- down on the avenue in Fountain Hills. Let me just tell you a little bit about that. That's the owner is Karen Sanchez. It's a family-owned business. They've been here since 2020. And what makes them significant is that they survived COVID, the shutdowns, the mask mandates, and all that kind of stuff. So we really appreciate you sticking with us and staying open in our town. They cater to a high number of clients who have been diagnosed with certain celiac disease or diabetes and they really customize their meals and their food preparations for those people. And I know they have good cheeseburgers because I've had a few of those. Additionally, they prepare smoothies tailored to clients' different types of needs as well. And they sell merchandise with all the proceeds dedicated to education funds for children in developing countries. Her family even opens the restaurant on Thanksgiving Day for residents and visitors who have dining options for the annual Turkey Trot, as well, so we appreciate that, as well. So again, I'll come down now and I'll TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 11 of 34 read the certificate for you, and then we'll get a picture with the council. So this certificate is proudly awarded to Papaya'z in recognition of your outstanding contributions to the Town of Fountain Hills. This certificate celebrates your dedication to excellence, innovation, and community engagement. Your commitment to quality and service has not only strengthened our local community but also enriched the lives of the many residents that you serve and visitors alike. The Town of Fountain Hills is proud to honor your business as a vital part of our community's growth and success. So thank you. SANCHEZ: Thank you so much. MAYOR FRIEDEL: And now you could say a couple words about your business. SANCHEZ: Okay. Thank you. Me and my family, we really, really honor with this. This have a lot of significance with us. When we opened this business, we actually make a lot of changes as a family. I working as a financial advisor over 20 years as a vice president BMO Harris in these times. And I leave everything behind and I just try to go for my passion and I try to serve this community. After I meet so many people with so many diseases, especially after my mom get it with cancer. So I customized my smoothies for people actually getting with a lot of diseases at that time, especially in the COVID time. And I really impressed how my community opened my doors the 25th of July in the middle of the pandemic. And after my business is built, I don't expect nobody come in the business because nobody go out. Everybody's afraid of the COVID and everything that is going on at that time. And I'm really, like, blessed. Like, all my community is just like I need to open both doors because we have lines and lines that day and everybody wants something healthy, something that give you immunity and vitamin C, and we start with just one menu -- one small page. The idea was just crepes and smoothies and that's it. And now we have 11 different pages, all with the same consistency -- organic, non-GMO, gluten free. And I try to keep in every single one of my recipes the good taste without compromising the quality and the way they make you feel good in your body. So thank you so much for this. Okay. TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 12 of 34 MAYOR FRIEDEL: Thank you. Okay. So we are going to move on to the presentations and Rachel. GOODWIN: Our presentation tonight is our economic development second quarter update. And Amanda Jacobs is going to join us. Director, I'll turn it over to you. JACOBS: Thank you, Manager Goodwin, Mr. Mayor, members of council. I'm here tonight, as the town manager said, to provide our second quarter update. So that was from October through December. And you guys all know I'm always positive because there's positive news to report and there's lots of stuff going on that we should be talking about. First, though, after almost four months, I survived, and we're now fully staffed, two mighty people, and want to introduce our new economic development specialist, Lisa Lipinski. And so Lisa, if you want to wave and say hello. So Lisa has -- thank you. So Lisa has over 20 years of government experience and most recently working in tourism and recreation. She's been here a couple of weeks and has hit the ground running with grants, working on our Experience Fountain Hills website. So we're really happy to have her here. So if everyone will welcome her. And then also want to introduce some economic development ambassadors. But before I do that, I want to share a story. So in the fall, I'm always invited, along with our chamber president, to speak to the Leadership Academy. I have spoken with several of you who are participants, and immediately after my presentation, Kay Baumgartner was, like, I want to meet with you. I can't believe all the stuff that is happening and being produced out of economic development. I would love to help in some way. And so we met, and she said a group of us want to put together a leadership project that's focused on tourism packages. But before we go down the path, we want to make sure we have your support. And again, you guys know me, the community knows me. I like to find a way to say yes and so I said, you know, I'm all ears. During their presentation was unfortunately when I had to have a bit of surgery. But she said, I promise, I'll send it to you. And so she and I met, and then I asked her if the TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 13 of 34 group would be interested in expanding the tourism part and to actually become economic development ambassadors and to assist with business retention and tourism efforts. And so I met with the group. They recruited another person. We met in January, and they were like, absolutely, Amanda, there's so many wonderful things happening. We want to be boots on the ground for you. So so far they've helped with our spring events guide with distribution. They reached out to some of our retail and restaurants to understand some of the specials going on surrounding Irish Fest. Clayton Corey, who I'm going to introduce fast, has assisted with some background stuff with some of our forms on Experience Fountain Hills. And so not everybody is here today. So I'm not going to read everybody, but just the folks who are here. So Clayton Corey, Joann Colella, Nic Grieve, and Nick Proctor, if you'll stand up. And so if you see these ladies and gentlemen, they are -- thank you. They are an extension of the Department and happy to have them. And they've been eager and they're like okay, Amanda, we're done. What's the next project? And so really appreciate the enthusiasm. All right. So let's get into the business attraction. So we had four new businesses open in the quarter and all four are within our downtown district. For some of our newer councilmembers, although you were always in the audience, I felt when I was giving my report, you'll see the coming soon. The three that are listed in black will remain there. When you see the font in blue, this is the new announcement. So you'll see we've received some permitting plans, a business license, and later on your agenda is a liquor license for All Natural Wine and Olive Oil. So people are intrigued and excited about that. They will be taking some vacant space off of Saguaro and Tower in the Dominion Plaza. And then Fountain Hills Food Cart, so that is the food cart that you see by Dakota that's usually hanging out on the Ave. So Dakota has pulled some permits to do something off of Parkview. So when we know more, we will share that with you. But again, things are happening. Some of these were talked about last quarter. Again, Mayor and Council has been apprised and updated. But the report also serves to be transparent to our TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 14 of 34 community. So when we last spoke, we talked about the former View Restaurant. The owner that we were talking with decided to put the property for sale. It sold for 1.6 million. And this is again where the town can advocate for restaurant and retail. And we really wanted it to it to remain a restaurant, but we were informed that the new owners want to convert it to office. I know. Don't shoot the messenger, I hear the woo. So one, the positive -- because I am positive, we're filling a vacancy. But two, what is unfortunate is it's a gorgeous site. It should have remained a restaurant. We will try to advocate for that with the new owners, but it seems like they're sold on the office. The Walgreens' dark, so that has been vacant since I've been here. That's how they label it. And so that is the one that is located off of Shea and Technology. And so I am happy to share, even though this is very odd, there is still a three-year lease with Walgreens on this. We did have a developer put in to purchase it and he purchased it. And so we have met with him -- John Wesley and myself -- to let him know, too, again, we would really love to keep this as retail. If you could divide it up and turn it into a restaurant. We really don't want any office space. And I will share because the community has continued to ask about Trader Joe's. Trader Joe's did come out to look at this spot, and they're just not ready to come here yet. But stay tuned. Hopefully in a couple weeks or in 30 days, we will be announcing a different healthy grocery store option. Also, want to give an update on this. So last year we brought up that this mixed-use property had gone through our permitting process and was owned by Piece of Pizza. In the fall, they put it up for sale. It has already sold. There was two interested buyers. It has sold. There are permits in place for this mixed use. It's approved. But we are hearing they may want to change the concept. And so we're just waiting for them to come to the table and submit any modified plans. Appian Way Italian Cuisine. So a couple of things related to this. When I started back in '22 -- so I have been here now -- I made it three years, there was lots of conversation about vacancies. So this particular building was purchased by the owners of Oka Sushi TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 15 of 34 back in '21. And so yes, it remained vacant. There was no other for sale or for rent sign. They were just holding on tight. And so it's a big investment to open a business. You need to make sure you have a workforce. We need to make sure that there's people that will patronize the business. And we are happy to report they have pulled the trigger, if you will, and have submitted plans to do a tenant improvement for a new Han Korean Barbecue restaurant. And then you'll see they, on their own, are doing what we call a facade improvement. And so that exterior will be more modern and we're super excited. Business retention and expansion. So there's been a couple, as I like to say, where people move from one side of the avenue to the other or move from Bashas and come to the avenue. So again, we're happy to retain them. But again, this is not creating new economic development wealth if you're not expanding. And so P-39 moved from the executive suites over into the former Otis Architecture building. Shoe Casual has relocated from Bashas onto the avenue. And then there's been lots of conversation about Streets of New York. I've been blamed for some things and so I want to set the record straight. Number one, Streets of New York is a tenant in a private development. I personally and professionally have nothing to do with that. But Sandor, who is the property owner, did offer to renew their lease, but they did ask them to relocate because Sandor is keeping their promise on the commercial side to revitalize and redevelop that area. And so Lori with Streets of New York did decide not to renew. We've provided three different locations. She has narrowed it down to one in Fountain Hills. She's working with engineers and architects. But again, until we have something formal, we can't divulge that location. If she decides to do that, she can feel free. We still continue to do our business retention and expansion program with Betsy LaVoy, with the chamber. And we always rotate a councilmember, and so Councilmember McMahon is currently in the rotation, and there hasn't been any themes, per se, such as communication or signage, but everything's been positive. The businesses are liking the growth and the change, and they say keep up the good work. And with several of them, TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 16 of 34 they're looking actually to expand their business. So again, when we can say more we can. And Mr. Mayor and Council, I want to go a little off script for a moment. Over the last couple of days, there's been some questions and some questions directed at me because my title has either been in an email or Facebook -- I'm not on Facebook -- related to the mayor's business spotlight, and so I wanted to shed a little bit of light on that. So when Mayor Friedel was elected, he did indicate to Manager Goodwin and I that he wanted to highlight a business of the month. And so as staff, it is our goal to try to make you all successful. And so the mayor and I met and I told him, so it came for me, I don't like a business spotlight. This should be the mayor's business spotlight. Because when I go to the business, it's more of an honor and it means something. I think I'm a little bit special, but the mayor is more special. Don't get a big head, Mayor Friedel. And so he did select the first business. But the last couple I have recommended and he has supported. And again, this is supposed to be positive. We're hoping that if you weren't aware of some of these businesses, that you will go in and shop local. And sometime on the surface level, it's just a business. But hopefully, too, you learned from Karen. She's doing something more meaningful and deeper for this community. So I hope again, as a professional, as a resident, that my fellow residents will support our businesses. And a criteria is not if you're Democrat or Republican. We do not ask that question. Thank you for letting me go off script, Mayor. All right. Let's talk about our apartment occupancy rate. So our occupancy remains over 90 percent. You guys have all heard me. So again, there's a supply and demand issue. And I always tell my personal story that when I came here, there were not a lot of options. And the stars did align, and so I was able to become a resident. The apartment pipeline again, I will not read everything, but last January we produced this, and the council requested that this remain as part of my report. And so one, it's to show that, again, our council is business friendly. We're looking at having a mix of diverse uses, so the commercial, the multifamily so here in the apartments. But it's also some people TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 17 of 34 get frightened that the things are happening. You'll see there's a couple of permits that have expired. There are several where no applications have been submitted. And so again just want to show this and then just highlight the Boardwalk Apartments, that application is Art Tolles' project that the council approved last year and so that was the name he submitted. Our vacancy rates. So again this can get a bit confusing. So we show our first quarter in the first column or second. The vacancy rate second quarter CoStar. So we receive through CoStar what our vacancy rates are. Unfortunately, we have some developers and property owners that don't actually submit that they have a vacancy. Sometimes they use a piece of cut up cardboard to say there's a vacancy. And so unfortunately, staff then has to manually go out there, which is not very efficient. And so going through some of the vacancies that we know, the last column is more the actual and I will share. So we get the CoStar membership through GPEC, so Greater Phoenix Economic Council. We are in the process of changing that software and integrating. So you may see a different name -- again, just to be transparent. Marketing. So a lot going on. I shared in our last quarter Arizona Office of Tourism was contacted by The Property Brothers, who are two Canadian brothers that are on HGTV, I think it is, interested in Fountain Hills. They later followed up, and I worked with our town attorney to sign a license agreement. And so they are wanting to highlight Fountain Hills in an upcoming show. Once we hear more about that, we will share that. Then you'll see there's been tons of ad placements in Arrive magazine, Experience AZ, Phoenix magazine of really just trying to put towards our visitors. So sometimes our public is not seeing this. This is geared towards our visitors. All of these ad placements have been paid for through tourism grant dollars. But to show we're naturally innovated, we're naturally charming. You can golf here. So showing all of our wonderful assets. And then you'll see, of course, the media coverage through Evolve PR, which again is paid through tourism grant funding, and then also in partnership with our public information officer. Also just wanted to point out quickly, as always, Economic Development is partnering TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 18 of 34 with the Community Services Department and Recreation and Ryan had a goal for Turkey Trot that he wanted to meet. But also, selfishly, we wanted to look at, again if you see the Phoenix, the Scottsdale, the Mesa's, is to not just focus on the town, but to get into our immediate region and also in southern Arizona and focus on some of these targeting. So the running, the walking, outdoorsy because also through our business attraction and wanting to attract healthcare and bioscience, this matters. These are quality of life things that they want to know is in a community to make a decision to locate here. So it was a multi-prong. And then you'll see just again the taglines and the marketing of, again, we're naturally healthy, naturally welcoming, charming. And hopefully we're living by those things. Here are our partnerships. I won't read all of those. Some of them have them have been named. Tourism. Our hotel occupancy remains below 70 percent. Our Instagram impressions -- it should just be social media impressions and break down Facebook and Instagram -- continues to increase. Our Fountain live feed -- the Earth cam -- was over 58,000 for views. And then comparing previous quarters for our website, we had 42 new unique visitors. So people are coming, and they're looking. And then sometimes there's confusion on this chart. And so as far as viewership, we look from a tourism standpoint, as well as business attraction, to see if there's themes not only with ourself nationally through GPEC. And so you'll see the top five Arizona cities and then the top five national. And so I don't ever recall seeing Ashburn, but Ashburn is in our top five. But LA and Chicago, Vegas, and New York continues to trend in our top five. Tourism continued. Just wanted to give a heads up and then don't worry, I will not be asking for permission. Experience Fountain Hills logo. So again, a couple years ago we changed our Fountain Hills logo thanks to the support of council and it was initiated by several counsels ago. The intent was always not to have so many different logos out there because it dilutes our brand. And so the Experience Fountain Hills will be converting towards this Fountain Hills, but it will have some different colors, so stay tuned. Hopefully, we'll see TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 19 of 34 that in the next 30 days. Our International Dark Sky Discovery Center. So again, everyone was there in December for the dome placement. So super excited about that and continuing to see the progress. I want to give a shout out to Vicky Derksen, our night sky tourist. I call her my guru. So if ASU's calling us, if people from out of town are wanting a private event, she is always willing to help. I'm not sure if she's ever said no. Hopefully, I don't jinx myself. And then also because of the Dark Sky Discovery Center, we are seeing an uptick in interest. And again, sometimes as government, we can be more reactive instead of proactive. And so when there's meteor showers and we know that there's something important coming up, we've started to receive are you guys going to have an event. And so I know the mayor was there in December when she had the meteor shower event and people came from all over the region, including Glendale. And what is also nice is some of our surrounding communities actually don't know that we're a Dark Sky community. I think this is last. So Adero Resort. Again, it was sort of hit or miss. Are they in receivership? Are they not? But towards the end of December, the sale did go through. It is under new ownership and the general manager stated it at a chamber breakfast. So I will go ahead and divulge it. But the new owners do have tons of plans to update their meeting rooms to accommodate business groups. They're hoping to update the hotel. They're wanting to modify landscape. They're thinking of doing an extra restaurant. So all that again selfishly, is sales tax and bed tax. So as soon as they're ready, we're ready to navigate the plans. With that, Mr. Mayor, Council, happy to answer any questions if there are any. MAYOR FRIEDEL: Councilwoman Earle? EARLE: Thank you, Mayor. Director -- JACOBS: Call me Amanda. EARLE: Amanda -- I want to say I know you by Amanda. Okay. JACOBS: I know, Amanda. We don't have to be so -- it's Amanda. EARLE: Okay. Thank you. You mentioned Sandor, so I'm wondering. Maybe you don't TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 20 of 34 know the answer to this. Is anything happening with the apartments? I don't see that. And then my other question with that is I thought they were keeping the other side because they wanted to be walkability. And you'd think a pizza place would be great for people living in an apartment. So I -- did they give you any reason why they wanted to kind of get Streets of New York out of there? Thank you. JACOBS: So Mr. Mayor, Councilmember Earle, so we have not received formal plans related to the apartments, so for Peaks Village. We have been told they've been working with their architects, engineering, their team. So we're just waiting and ready. They have submitted a signed package through development services. So we'll follow up with council tomorrow in a couple days. I'll get with Director Wesley to provide an update on that. And again, they weren't trying to get rid of the pizza place, but just shift for something new and we'll leave it at that. So when I can announce the new, we will. But it's -- again, it'll be new construction. So that's one time construction, sales tax, permitting fees, sales tax. You just have to wait and see. Anything else? MAYOR FRIEDEL: I think that's it. Thank you. JACOBS: Thank you. MAYOR FRIEDEL: So I see a few of the basketball players. Not everybody's here yet though, right? Okay. Then we'll move on and we'll come back to you guys. Next we'll do the call to the public. Angela, do you have any speaker? PADGETT-ESPIRITU: Yes, Mayor, I do. We received two requests to speak for call to public. The first one will be Lori Troller, and then last will be Barry Wolborsky. TROLLER: Good evening, Mayor, Council. You might -- who was that? It's really high. You might be pleasantly surprised tonight. I'm not talking about 5G. I'm actually talking to you. So the strategic meeting, there's a lot of these things that have gone on. They're typically scheduled during work hours. I'd love to be able to go to these things. Is there -- are we shooting for a demographic there? Because, I mean, because people are working can't get to these. I know you can't answer, but that's just my -- I just TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 21 of 34 wanted to bring it up. MAYOR FRIEDEL: Can I interject? They did have a second meeting. They did have one on a Saturday, as well. TROLLER: Oh, okay. Awesome. I didn't -- I didn't -- I wasn't -- yeah. Okay. Because I mean, there's other things I'm talking about through the years. It's usually during work hours. And it's really tough for folks who work and want to get there. My gosh, I have extra time, but no thank you. Have a great evening. WOLBORSKY: Good evening. I apologize for the mask if it makes me hard to hear. I basically have no immune system and I had to twist my doctor's arm to let me come here at all, so. I want to talk about how tired I am of listening to the destroyers at these meetings. They rant and spew venom and hatred and they leave everyone with a sour taste in their mouths. They viciously attack individuals on the council and others who disagree with them. They are never for anything but always against things, be it something the council wants to do or some councilmember. They're the people who live to put sand in the gears so that the system can't do its job. They accomplish nothing but causing me a few annoying minutes at council meetings. Either they have forgotten or don't care that we live in a democracy where the majority rules. They don't want democracy because they wouldn't be very popular and would not get the majority, so they couldn't rule. I don't want our lovely town to be seen as a place where rude trash mouths continually try to tear down the few people who are really doing the work to make our town a great place to live. Let them do their jobs as they see them, not as you do. Thank you. MAYOR FRIEDEL: Coach, is everybody here now or do we need to -- we can wait. UNIDENTIFIED SPEAKER: We told them 6:30. MAYOR FRIEDEL: All right. Okay. We're good. We're good. We'll move on to the consent agenda. Can I get a motion? KALIVIANAKIS: Motion to approve consent agenda. SKILLICORN: Second. TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 22 of 34 MAYOR FRIEDEL: Roll call please? PADGETT-ESPIRITU: Councilwoman Earle? EARLE: Yes. PADGETT-ESPIRITU: Councilmember Kalivianakis? KALIVIANAKIS: Aye. PADGETT-ESPIRITU: Councilman Watts? WATTS: Aye. PADGETT-ESPIRITU: Councilmember Skillicorn: SKILLICORN: Yes. PADGETT-ESPIRITU: Councilmember McMahon? MCMAHON: Aye. PADGETT-ESPIRITU: Vice Mayor Toth? TOTH: Aye. PADGETT-ESPIRITU: Mayor Friedel? MAYOR FRIEDEL: Aye. PADGETT-ESPIRITU: Motion passes. MAYOR FRIEDEL: Thank you. And then we'll move to our first agenda item. Our first agenda item is consideration and approval of recommended appointments to the Board of Adjustment, and I have those names right here in front of me. So the first one we've got is John Weimer with a term that ends October 31st, 2026. And then Heather Swanson, her term ends October 31st, 2027. SKILLICORN: Motion to approve as announced. TOTH: Second. MAYOR FRIEDEL: Roll call, please. PADGETT-ESPIRITU: Councilmember Kalivianakis? KALIVIANAKIS: Aye. PADGETT-ESPIRITU: Councilman Watts? WATTS: Aye. PADGETT-ESPIRITU: Councilmember Skillicorn? TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 23 of 34 SKILLICORN: Yes. PADGETT-ESPIRITU: Councilmember McMahon? MCMAHON: Aye. PADGETT-ESPIRITU: Councilwoman Earle? EARLE: Yes. PADGETT-ESPIRITU: Vice Mayor Toth? TOTH: Aye. PADGETT-ESPIRITU: Mayor Friedel? MAYOR FRIEDEL: Aye. PADGETT-ESPIRITU: Motion passes seven to zero. MAYOR FRIEDEL: Thank you. And we'll move on to item 9-B, which is the approval of an application for Arizona Sports and Tourism Authority grant. Rachel? GOODWIN: Thank you, Mayor. I'm going to ask Director Snipes to step forward and give the brief details about the AST grant. SNIPES: Good evening, Mayor and Council. Tonight we're talking about a grant application that we've been fortunate enough to be awarded several different times over the years. They have paid for our tennis courts at Golden Eagle, as well as Four Peaks. They also paid for the new basketball court that went into Four Peaks, as well. So this is just the application process. So we're asking tonight for permission to be able to apply for another grant from the Arizona Sports and Tourism Authority. And this time we're looking to do some resurfacing on the courts that they initially paid for. The acrylic surfacing that's on the tennis courts and the basketball courts is designed to last about eight to ten years. And we're at that point where we're starting to have to do some patch work on them. We're seeing a lot of cracking. The picture on the left there has a lot of cracking in it, but it's hard to see on a smaller screen. And so then that starts to flake up and then it creates safety issues when people are trying to stop and start quickly on a court surface. What we're looking to do is this is a grant that's a one-third match. So we're going to be TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 24 of 34 asking for $90,000 to do the resurfacing of the courts, and the town match will be $30,000 if it's awarded. This is something that is already planned through our facility replacement fund to start doing these one at a time, and we're trying to get out ahead of that and save the town some money as well by doing four of them at the same time. So we'll be doing the tennis courts at Four Peaks, the tennis courts at Golden Eagle, and the basketball court at Golden Eagle is what we're looking to do with this round of funding. The grants aren't a guarantee. They certainly take a lot of effort from staff. And so with your permission, we will move forward. This grant has to be turned in by the end of the month, so we need to move quickly. As is typically the case with grants, they give you a short period of time to figure it out and get it turned in and it takes everybody's efforts to get it done. And then if we get the award, then we have a year to complete the task. So with that, I'll answer any questions that anyone might have. MAYOR FRIEDEL: Councilman Skillicorn. SKILLICORN: Thank you, Mayor. Director Snipes, great job finding this one and identifying that and please let us know when it's approved. So I'll make a motion to approve. TOTH: I'll second it. MAYOR FRIEDEL: We have a motion and a second. Roll call, please. PADGETT-ESPIRITU: Councilman Watts? WATTS: Kevin, I got a question first. SNIPES: Sure. WATTS: Is the total cost 120 then? Or is it -- it's 90? SNIPES: 90,000 and we'll pay 30,000. WATTS: So the grant's 60. Gotcha. Aye. PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: Yes. PADGETT-ESPIRITU: Councilmember McMahon? MCMAHON: Aye. TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 25 of 34 PADGETT-ESPIRITU: Councilwoman Earle? EARLE: Yes. PADGETT-ESPIRITU: Councilmember Kalivianakis? KALIVIANAKIS: Aye. PADGETT-ESPIRITU: Vice Mayor Toth? TOTH: Aye. PADGETT-ESPIRITU: Mayor Friedel? MAYOR FRIEDEL: Aye. PADGETT-ESPIRITU: Motion passes unanimous. MAYOR FRIEDEL: Thank you. SNIPES: Thank you. Appreciate it. MAYOR FRIEDEL: Okay. I think now we'll move to our recognition of our great basketball team. So I want to -- I want to say a couple of words first and then I'll read this proclamation. You guys showed great faith, faith in each other, faith in your coaches, and you had faith in the community behind you because we were all praying for you. I know you weren't rated number one or two when the season started, but you proved a lot of people wrong, and you worked hard and you got the job done. So we are really proud of you guys. So again, I'm going to read this proclamation. I'll come down, we'll have you line up up here and we'll get a picture in front of all the town council. Okay? How's that sound? Good. All right. So whereas the Fountain Hills High School boys basketball team has demonstrated outstanding skill, determination, and sportsmanship throughout the 2024/2025 basketball season. And whereas their commitment to excellence, teamwork, and perseverance, the players, coaches, and staff have exemplified the highest standards of athletic achievement and character. And whereas the Falcons have proudly represented the represented the Town of Fountain Hills, inspiring fellow students, parents, faculty and the community with their dedication and hard work. Whereas the team's journey to the 2-A state championship is a testament to their discipline, talent, and unwavering support of their families, fans, and entire Fountain TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 26 of 34 Hills community. And whereas, the Town of Fountain Hills commends the coaches, trainers, and support staff for their leadership, dedication in guiding the team to success, fostering both athletic and personal growth among the students and athletes. And whereas, the achievements of the Fountain Hills High School boys basketball team bring great pride and honor to our community, strengthening the spirit of unity and pride in Fountain Hills. Now, therefore, I, Gerry Friedel, Mayor, on behalf of the Town of Fountain Hills and this town council, recognize and commend the Fountain Hills High School Falcons boys basketball team for reaching the 2-A state championship. Congratulations, guys. I'm going to ask the coach -- I'm going to ask the coach to say a few words. UNIDENTIFIED SPEAKER: I'll say short and sweet. Short and sweet. I'm not big into taking pictures with the guys. I believe all the hard work comes from them. Truly, I try my best just to guide them and, kind of, at this point, just show them when they need or when they are asked to do things. I take none of the credit. It's all the work they do. We ask a lot of the guys. We ask a lot of their families. Truly, I think we give them about a month off every year. So for some of these guys that have been with me for six years plus, it's a lot of time. It's a lot of time they put in, they dedicate. So I would like to say nothing more than thank the families, the parents, thank the community for helping us out as much as you guys do. It would be an empty, empty gym if it wasn't for the community coming out and cheering us on. So I appreciate all the efforts you make to support the guys. I appreciate the sacrifices you make more than anything to make sure they're there. And for these guys, I just wish nothing but the best for them as they continue their journeys from boys to men. So simple as that -- from boys to men. MAYOR FRIEDEL: Thank you, guys. Thank you. Okay. Now we'll move on to agenda item D, consideration of possible action for approving the Second Amendment to Cooperative Purchasing Agreement 2023-069 with road safe traffic systems. Rachel? TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 27 of 34 GOODWIN: Thank you, Mayor. I'm going to ask Director Wilde if he's gotten lost back there. There he is. He's going to step forward and present this item regarding our road safe traffic system contract with a reminder that they provide all of our traffic control for a number of different purposes here in our town. Director Wilde? WILDE: Thank you for the kind introduction. Mr. Mayor, Vice Mayor, Councilmembers. This item has actually been on a few different agendas, but we've moved it around, primarily awaiting the underlying agreement to be renewed. And the reason that we wait for that is because the underlying agreement does the majority of the lay work on behalf of the actions that we need, which are rental equipment. They put together all of the scope of work, all of the units that may or may not be needed, and if you ever looked at the underlying agreement, there's a lot of equipment included in that, and then they solicit it. Historically, when the Maricopa County Transportation Department solicits a bid, because of their size and the size of Maricopa County as a whole, they will select several different vendors. I have received numerous questions related to this agreement, including, but not limited to one that's a valuable and important question that I'll repeat here. Road Safe Traffic Systems was not the least expensive on the list. That is correct. The primary reason that we have chosen Road Safe over the years is, one, their safety -- they provide a level of safety that is unprecedented and second to none; two, they stand by their pricing. When they submit a quote to us, whether it's for public works or a special event, they stay with that number. In the event that there is an error, we discuss it with them. The invoice is corrected to reflect that quote. Please note, the only time there is a change is when it is instrument of the Town of Fountain Hills asking for additional equipment after the fact. And lastly, we have a long-term working relationship with this group. In the past 12 years, they have retained the same regional manager, which we have on speed dial, and the manager that we work with directly. In closing, in my statements, I would like to note over the last decade I have called them literally day and night and they have picked up the phone and they have worked to help TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 28 of 34 us address the solution, be it a temporary closure for a water main break, disclosure eventually reimbursed by Epcor, or if we had an all closure as a result of a medical and/or crash. Again, they have been there to support us. They have been fair and they have provided an incredible amount of guidance in regards to our special events and all of our public works projects. With that said, if there are additional questions, I'll do my best to answer them. MAYOR FRIEDEL: Councilman Watts? WATTS: Thank you. Director Wilde, sorry about that. You guys can't be mistaken. This is a rare situation. Road Safe is 10.2 percent higher than the lowest bid. And I certainly appreciate the candor that you expressed. It's a rare situation that I would support that significant of a difference. But based upon the lack of change orders, the reliability, the relationship, there's a value in going with a known commodity as opposed to not -- something you don't know. So I want to publicly acknowledge that you took the time to explain all these things to me. And like I said, I rarely will support the high bid. Normally support the low bid and make the responsibility to honor the terms and conditions placed on your staff. But in this case, thank you. MAYOR FRIEDEL: Vice Mayor? TOTH: Sorry. I just also wanted to thank you. Your consistent, thorough responses to council questions are so appreciated and I just wanted to verbally say something about that before I motion to approve the Second Amendment to Cooperative Purchasing Agreement 69. MAYOR FRIEDEL: We have a motion and a second. Roll call, please. PADGETT-ESPIRITU: Councilmember McMahon? MCMAHON: Aye. PADGETT-ESPIRITU: Councilwoman Earle? EARLE: Yes. PADGETT-ESPIRITU: Councilmember Kalivianakis? KALIVIANAKIS: Aye. PADGETT-ESPIRITU: Councilman Watts? TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 29 of 34 WATTS: Aye. PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: Yes. PADGETT-ESPIRITU: Vice Mayor Toth? TOTH: Aye. PADGETT-ESPIRITU: Mayor Friedel? MAYOR FRIEDEL: Aye. PADGETT-ESPIRITU: Motion passes unanimous. MAYOR FRIEDEL: Thank you. WILDE: Thank you. MAYOR FRIEDEL: And our last agenda item is consideration of possible action related to the League of Arizona cities and towns legislative bulletins. Anybody have any input that they want to add? I have one. The sober living homes, we may have already supported that, but if we haven't, I would say that we want to. That has to do with inspections. GOODWIN: Correct. I think you're referencing SB 1308. MAYOR FRIEDEL: 1308, yes. GOODWIN: Okay. Which just for the good of the group, and I know a number of you are on the calls on Monday morning, so you're probably very familiar with this, but this is helping to redefine some of the Arizona Department of Health services and the penalties and the violations and the requirements of sober living homes. So many of the municipalities are supporting this action to help better define and better control those services. So Mayor, if there's a consensus of the group to support that, we can certainly put a letter together. MAYOR FRIEDEL: I see a lot a lot of nods, so. EARLE: I support it. Yeah. MAYOR FRIEDEL: Okay. Thank you. Anyone else have anything else on that? All right. We'll continue then with council TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 30 of 34 discussion and direction of the town manager. I think I'll start out with one thing. Manager, can you please schedule a work study session for Tuesday, March 25th at 11:00? Regarding Rachel? GOODWIN: I believe it is to sort of assist -- there was a conversation late this afternoon regarding the Chapter 2 amendments that have been discussed at the council. There was a discussion between the mayor, our attorney, and myself about moving forward with that project and making it a work study so that the full council can have input on that discussion. It seems to make sense that we are meeting that day as part of the CIP review at 1 p.m. that this body seemed to be available that day. So it made sense to, sort of, piggyback on that day. MAYOR FRIEDEL: Yeah. That's at 11. GOODWIN: And so just for the -- Mayor, you said 11; is that correct? MAYOR FRIEDEL: That's correct. GOODWIN: All right. And then we will go ahead and get that out on calendar so that everybody has access. And those that may not be able to join us, certainly have the option to call in and participate as well. Mayor, is there any other direction for the evening? MAYOR FRIEDEL: Councilman Skillicorn, did you have something? SKILLICORN: Yeah. Mayor, manager, there was this update on the putting out the bid public notices is. Do we have any more information on that? GOODWIN: Councilmember, I am actually, you may have missed -- I shared a pretty extensive, detailed update on that on Thursday. We actually had a -- one of our staff who you may have left. I don't know if Rob is back there. He was. Rob, our procurement officer, put together a pretty decent -- a pretty significant outline of the different types of postings, what they require, what they don't. The quick summary -- the quick version is that we can reduce some of our advertising, but it's pretty minimal. We're looking at probably a savings of roughly 500 to $1,000 a year. That all being said, there is legislation proposed right now to move everything to an online posting only, which would be fantastic on a lot of levels. So we're eagerly hoping that that goes TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 31 of 34 through, and that may make this conversation completely different. SKILLICORN: Okay. And yeah, I don't know if that where that legislation will go. GOODWIN: I don't know either. SKILLICORN: The ink supplier lobby is very interested in that. But I'm still curious about it going out to bid so we make sure we're getting a fair pricing on that. GOODWIN: Sure. Yes, absolutely. If you hadn't -- take a look at that and then let me know if you have other questions following that summary. SKILLICORN: Mayor, manager, did you send that out to us? GOODWIN: I did. I sent it out on Thursday as an attachment. SKILLICORN: Okay. GOODWIN: If you didn't get it, I'd be happy to send it again. SKILLICORN: I'll double check. GOODWIN: Okay. MAYOR FRIEDEL: Councilwoman Kalivianakis? KALIVIANAKIS: Thank you, Mr. Mayor. Yeah, this is kind of going back a little bit, Rachel and Aaron, but the town was involved in a lawsuit a while back against them -- a political action committee called Reclaim Our Town. As I recall the town had won that action, to put it in layman's terms and the judge awarded costs to the Town of Fountain Hills. Have we collected on those costs? GOODWIN: To my knowledge, we have not received collection. However, an invoice has been issued to the body and I believe that went out fairly recently. Is there any other -- yeah, I would say within the last week or two. We issued an invoice. So we await that payment. KALIVIANAKIS: Okay. Because that was six, seven months ago. GOODWIN: Yeah. The judgment was issued, I want to say, in July. KALIVIANAKIS: Okay. So how long are we going to give that body to pay that until we go back to the Superior Court and file a rule to show cause why payment hasn't been made? Is there a time window that I can write down on my calendar? WILDE: Mayor and council, I'd be happy to send you the terms of our standard invoice, TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 32 of 34 after which point we can discuss what the options are. KALIVIANAKIS: That would be wonderful. Thank you. MAYOR FRIEDEL: Councilman Watts? WATTS: Rachel, you and I talked about Sycamore Wash. I have received seven pages of notes going back to '23 about communication with various staff members and various proposed solutions. And it doesn't seem like it's going away at all. Have we gotten anywhere? And how do we get somewhere? GOODWIN: That's a complicated answer to be fair. I actually -- Justin and I had a meeting earlier this week where Sycamore, as well as other washes, were discussed. Again, briefly, a majority of the items stored there, rocks and other materials, have actually either been repurposed or removed. And I'm talking to the tune -- and please help me if I'm wrong, Director Wilde -- to the tune of 70 percent or more. I believe the camouflaging that we talked about is actually in place. At least that's what I'm told. So it may warrant an onsite visit with Director Wilde to have further conversation. At this point, there is no indication that we will be relocating or amending that practice of storage in that area. WATTS: Then I really got to suggest that we take down the ARS statute that says you can't dump there. I know that it applies to everybody else, but the last time I inspected it, it looked like it was accumulating more than the report of more trucks bringing in more leftover landscaping materials. And I think even if we had something along the lines of a timeline, if we were going to leave it there for a period of time, six months, 90 days, something like that, that would be amenable to the residents. Because right now they just don't have any answer and it's an issue that just won't go away. GOODWIN: Sure. This might be best to bring in and loop in Director Wilde as he probably has a little more information to provide. Is there a chance that we can set up a time for that this week or next week, depending? WATTS: Certainly. I'll get in touch with Director Wilde. GOODWIN: That'd be great. WATTS: Thank you. TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 33 of 34 MAYOR FRIEDEL: Councilwoman Earle? EARLE: Thank you, Mayor. I just wanted to ask Rick. Were you going to share something tonight? WATTS: Not that I'm aware of. MAYOR FRIEDEL: Okay. Then we'll move on to future agenda items. No discussion? Okay. Can I get a motion for adjournment? We have a motion. Second. All in favor? IN UNISON: Aye. [Meeting adjourned] TOWN OF FOUNTAIN HILLS MARCH 18, 2025 TOWN COUNCIL REGULAR MEETING MINUTES Page 34 of 34 Having no further business, Mayor Gerry Friedel adjourned the Regular Meeting of the Fountain Hills Town Council held on March 18, 2015, at 6:40 p.m. TOWN OF FOUNTAIN HILLS _____________________ Gerry Friedel, Mayor ATTEST AND PREPARED BY: __________________________ Angela Pagett-Espiritu, Acting 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 on the 18th day of March, 2025. I further certify that the meeting was duly called and that a quorum was present. DATED this 15st Day of April 2025. _____________________________ Angela Pagett-Espiritu, Acting Town Clerk ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/15/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of the Council Subcommittee’s recommendation for appointment to the Strategic Planning Advisory Commission, to a partial term from April 1, 2025, to April 30, 2026. Staff Summary (Background) The Council Subcommittees for the Town’s Boards, Commissions, and Committees oversee the appointment process for new members, addressing term expirations, resignations, and changes in membership eligibility. While appointments are typically made biannually in April and October, an unexpected vacancy arose on the Strategic Planning Advisory Commission due to a recent resignation, requiring a special recruitment process. To fill this vacancy, Town staff conducted a recruitment process and submitted applications to the Council Subcommittee for the Boards, Commissions, and Committees. On January 30, 2025, the Subcommittee: Interviewed seven candidates for the vacant seat on the Strategic Planning Advisory Commission. Recommended Nick Proctor for appointment. Nick Proctor was subsequently appointed by the Mayor and Council at the February 18, 2025, Town Council Meeting. Recently, a vacancy arose on the Planning and Zoning Commission. Commissioner Nick Proctor requested to be interviewed for this position and was recommended by the Subcommittee for appointment, which resulted in a new vacancy on the Strategic Planning Advisory Commission. Town staff notified the Subcommittee of this new vacancy, and it was agreed to recommend one of the applicants who previously interviewed with the Subcommittee on January 30, 2025. Related Ordinance, Policy or Guiding Principle Chapter 2A of the Town Code. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Recommendations to the Mayor have been made by the Council Subcommittee. Staff Recommendation(s) Approve the Council Subcommittee’s recommendations for appointment to the Strategic Planning Advisory Commission, as follows: Appointment of __________________ to a partial term from April 1, 2025, to April 30, 2026. SUGGESTED MOTION MOVE to approve the Council Subcommittees' recommendation for appointment to the Strategic Planning Advisory Commission to fill the current vacancy, as presented. Form Review Form Started By: Angela Padgett-Espiritu Started On: 03/19/2025 05:43 PM Final Approval Date: 03/19/2025 ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/15/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Paul Soldinger, Chief Financial Officer Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: a request to apply for Congressionally Directed Spending on behalf of the International Dark Sky Discovery Center Staff Summary (Background) The International Dark Sky Discovery Center (IDSDC) will be a 23,000-square-foot state-of-the-art facility located in Downtown Fountain Hills. Through STEM education for students and leading-edge learning experiences for all ages, the IDSDC will fulfill its mission to stir imaginations, inspire the next generation, and cultivate a greater understanding of our dark skies, our planet, and the universe. IDSDC was invited by Senators Kelly and Gallego to apply for FY26 Congressionally Directed Spending (CDS - see attachment 1); however, non-profits wishing to participate in the FY26 CDS process are strongly encouraged to partner with a local government (Town of Fountain Hills) to sponsor the project. On March 26, 2025, Mr. and Mrs. Bill met with Economic Development Director Amanda Jacobs regarding Senators Kelly and Gallego’s request to apply for Congressional Discretionary Funding. Director Jacobs was contacted on April 8, 2025, to discuss next steps for requesting the funding through the Town and was informed the deadline to apply is April 25. IDSDC is requesting the Town submit a request to the Senators' offices for about $2.5 million in CDS. The Town will also work with the IDSDC to include about another $100,000 in the request to account for any direct costs, such as actual time worked and audit costs (ie the Town would request federal reimbursements for actual time spent providing grant administration services). If the CDS request is approved by the Senators' offices, they will request Congressional consideration of the project as part of the FY2026 Appropriations Act. If the CDS is included in the Appropriations Act, the Town will then need to apply for the grant funding through the US Department of Education for Elementary and Secondary Education Community Projects. The grant funding would be used to outfit a scientific display for STEM Education. If Council approves this request to apply for CDS, Town staff will need to increase the Special Revenue Fund tentative budget for FY2026 by up to $3 million in case the grant is ultimately awarded. This will not impact the Town's expenditure limitation because federal grant revenues are excludable. If the CDS is included in the adopted Appropriations Act, Town staff will seek Council approval to apply for the grant and approval of a grant administration contract between the Town and IDSDC. Related Ordinance, Policy or Guiding Principle 2022 Town of Fountain Hills Strategic Plan Priorities: Targeted Collaborative Economic Development and Promote the Long-Term Financial Sustainability of Town Infrastructure, Environmental and Social Resources and 2023-2026 Community Economic Development Strategy Risk Analysis Grants provide funding to support economic development and tourism initiatives for the Town of Fountain Hills. This Grants provide funding to support economic development and tourism initiatives for the Town of Fountain Hills. This particular grant will be passed through to the IDSDC, and the Town would act as the grant administrator. The IDSDC would be responsible for administering the project and paying for project costs upfront before requesting reimbursement from the federal government through the Town. Failure to receive funding may impact completing a scientific display for STEM education that will be a component of the Discovery Center. If the grant is ultimately awarded and accepted by the Town Council, the Town will assume shared responsibility, accountability, and potential liability for all federally mandated reporting and accounting requirements. Staff time and resources will be necessary to ensure full compliance with all grant conditions. Should any aspect of the project be completed incorrectly or fall out of compliance, the Town may be held responsible for any resulting consequences or required corrective actions. Responsibilities may include: Monitoring IDSDC expenditures and requesting reimbursement from the federal government. Subjecting the Town and the IDSDC to an annual federal grant audit. If audit findings are identified, the Town would be responsible for follow-up and remediation efforts as the recipient and pass-through government. The Town may be able to recoup some of these direct costs through the grant funding. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to authorize staff to apply for Congressionally Directed Spending on behalf of the International Dark Sky Discovery Center and add necessary budget authority to the FY2026 tentative budget in the Special Revenue Fund. Fiscal Impact Fiscal Impact:$3.0M Budget Reference:FY2026 Funding Source:Special Revenue Fund If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments CDS Overview Form Review Inbox Reviewed By Date Town Attorney Bev Bender 04/09/2025 03:34 PM Economic Development Director Bev Bender 04/09/2025 03:38 PM Town Attorney Aaron D. Arnson 04/09/2025 04:21 PM Town Manager Rachael Goodwin 04/10/2025 08:58 AM Town Attorney Bev Bender 04/10/2025 12:13 PM Economic Development Director Bev Bender 04/10/2025 12:14 PM Town Attorney Bev Bender 04/10/2025 12:15 PM Town Manager Rachael Goodwin 04/10/2025 01:54 PM Town Manager Rachael Goodwin 04/10/2025 01:54 PM Town Attorney Bev Bender 04/10/2025 02:58 PM Town Manager Rachael Goodwin 04/10/2025 02:59 PM Form Started By: Amanda Jacobs Started On: 04/09/2025 02:32 PM Final Approval Date: 04/10/2025 Senator Kelly & Senator Gallego: FY26 Requests for Federal Appropriations Programmatic & Congressionally Directed Spending Requests Overview: The offices of Senators Kelly and Gallego are accepting requests from Arizona stakeholders for items to be included in the fiscal year 2026 appropriations bills. These include requests for a specific funding level or directive language for an existing federal program or agency (called programmatic requests) or requests for funding for a specific project or activity within the state of Arizona (called Congressionally Directed Spending requests). • To submit requests, visit: kelly.senate.gov/fy26 or gallego.senate.gov/FY26 • Deadline: Programmatic and Congressionally Directed Spending requests are due on April 25, 2025, at 11:59pm Mountain Standard Time. Programmatic Requests: Overview: Programmatic appropriations requests can include requests to increase or decrease federal funding for federal agencies or programs, or requests that the government funding bills, or their adjoining committee reports, include language to direct federal agencies or programs to take certain actions. • Funding Requests: Arizona stakeholders may request to increase or decrease federal funding for federal agencies or initiatives. • Language Requests: Our office is accepting requests to include (or exclude) language in the appropriations bills or committee reports which would direct a federal agency or program to take a certain action. Requests for Congressionally Directed Spending: Arizona entities may request federal appropriations for projects or programs within Arizona. Requests for Congressionally Directed Spending are governed by strict rules and are subject to disclosure and oversight requirements. Requirements: In accordance with the rules of the U.S. Senate and recent guidance issued by the Senate Committee on Appropriations, the offices of Senators Kelly and Gallego will only consider congressionally directed spending requests that meet the following criteria: • All funds requested must exclusively benefit entities within the state of Arizona. • No requests for projects in which Senator Kelly or Senator Gallego or their families have a financial interest will be considered. • Requests for assistance for for-profit entities will not be considered. • All entities requesting congressionally directed spending must acknowledge that any information provided in the application could be publicly disclosed. • All entities must identify which eligible federal program through which they would like to have their project funded. A list of eligible programs can be found HERE. • Priority will be given to: o "Shovel-ready" projects o Projects that are sponsored or supported by units of local government. o Projects that can be fully funded through a combination of congressionally directed spending and state/local/private funds. New for FY26: Senators Kelly and Gallego will not accept project requests in which a nonprofit is the applicant, except for health care providers under LHHS accounts. Nonprofits wishing to participate in the FY26 CDS process are very strongly encouraged to partner with a public entity such as a local government as the project sponsor. Please note: Any project which is funded through Congressionally Directed Spending will be administered by the appropriate federal agency as a federal grant program. All projects which receive funding will be required to comply with ALL federal construction, environmental review, and historic preservation requirements. Requests may be audited by the Government Accountability Office. Applicants are encouraged to review which types of projects were funded in the 2023 and 2024 appropriations bills. How to submit a request? To submit a request visit: Kelly.senate.gov/fy26 or gallego.senate.gov/FY26 Please note that there are separate forms for Congressionally Directed Spending and Programmatic requests. Requests submitted to the wrong form may not be considered. Questions? Please email appropriations@kelly.senate.gov or appropriations@gallego.senate.gov. ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/15/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Staff Contact Information: Aaron D. Arnson, Town Attorney Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION WITH POSSIBLE ACTION: Relating to RESOLUTION NO. 2025-15, approving updates to the Town Council Rules of Procedure, amended and restated April 15, 2025. Staff Summary (background) At its March 25, 2025 work session, the Council reviewed and discussed proposed amendments to the Council Rules of Procedure (last amended September 6, 2023). The Council directed staff to incorporate the proposed amendments and to bring the proposed amendments back to the Council for consideration and possible adoption. The proposed amendments are attached to this staff report. In general, the proposed amendments would accomplish the following: Formalize the process for creating and approving the seating chart upon the election of a new Council. Revise the process for the rotation of the Vice Mayor. Formalize the process for approving the calendar year meeting schedule. Eliminate print advertising requirements for certain notices. Clarify the process for submitting and recognizing online and in-person comment cards. Clarify the process for declaring conflicts of interest. Amend Section 8, Code of Ethics. Make various technical changes for clarity and consistency and to align the Rules of Procedure with current practices. One of the more significant subjects of debate at the March 25 work session was how to revise Section 10 of the Rules of Procedure, which currently contains the complaint procedure for alleged violations of the Code of Ethics. After discussion, the Council directed staff to bring back two options with regard to Section 10: Option 1: Eliminate Section 10 in its entirety, with the effect of eliminating the complaint procedure for alleged violations of the Code of Ethics. Option 2: Direct the Town Attorney's office to revise Section 10, with the goal of making sanctions for violations of the Code of Ethics more objective and proportional to the offense, and direct staff to bring those proposed revisions back to the Council for consideration and adoption. Related Ordinance, Policy or Guiding Principle A.R.S. § 9-234(A); Town Code Article 2-4. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends that the Council adopt Resolution No. 2025-15 as proposed, and approve either Option 1 or Option 2 for, respectively, eliminating Section 10 of the Council Rules of Procedure or directing the Town Attorney's office to revise Section 10 and bring the proposed revisions to the Council for consideration and possible action. SUGGESTED MOTION MOVE to adopt RESOLUTION NO. 2025-15, approving updates to the Town Council Rules of Procedure, amended and restated April 15, 2025, and to approve [Option 1/Option 2]. Attachments Resolution 2025-15 Council Rules - clean version Council Rules - redlined Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 03/31/2025 09:44 AM Town Manager Angela Padgett-Espiritu 04/03/2025 08:42 AM Form Started By: Angela Padgett-Espiritu Started On: 03/27/2025 04:02 PM Final Approval Date: 04/03/2025 RESOLUTION NO 2025-15.docx RESOLUTION NO. 2025-15 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE FOUNTAIN HILLS TOWN COUNCIL RULES OF PROCEDURE, AMENDED AND RESTATED APRIL 15, 2025. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: Section 1. The Town of Fountain Hills, Arizona, Town Council Rules of Procedure, Amended and Restated April 15, 2025, are hereby approved in substantially the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, April 15, 2025. Gerry M. Friedel, Mayor Bevelyn J. Bender, Town Clerk Rachael Goodwin, Town Manager Aaron Arnson, Town Attorney RESOLUTION NO 2025-15.docx EXHIBIT A RESOLUTION NO. 2025-15 FOUNTAIN HILL TOWN COUNCIL RULES OF PROCEDURE, AMENDED AND RESTATED APRIL 15, 2025 See the following pages P a g e s1 of 38 | Section 1. RULES OF PROCEDURE 1.1 PROCEDURES The following are the basis for and are used in conjunction with these basic Rules of Procedure for meetings of the Council, Boards, Commissions and Committees: A. State Law B. Town Code, including these Council Rules C. Parliamentary Procedure at a Glance, New Edition, by O. Garfield Jones D. Roberts Rules of Order, 12th edition, as amended In case of inconsistency, conflict, or ambiguity among the documents listed above, such documents shall govern in the order in which they are listed. 1.2 PRESIDING OFFICER As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice-Mayor, is the Presiding Officer of all meetings of the Council. In the absence or disability of both the Mayor and the Vice-Mayor, the meeting shall be called to order by the Town Clerk or designee whereupon, the Town Clerk shall immediately call for the selection of a temporary Presiding Officer. If a majority of the Councilmembers present are unable to agree on a Presiding Officer for the meeting, the meeting shall automatically be adjourned, and all agenda items shall be carried over to the next regular Council meeting. 1.3 PARLIAMENTARIAN P a g e s2 of 38 | The Town Attorney shall serve as Parliamentarian for all meetings. The Town Clerk shall act as Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as Parliamentarian in the absence of both the Town Attorney and Town Clerk. 1.4 SUSPENSION OF THE RULES The Council, by a three-quarter vote of all members present, may suspend strict observance of these Council Rules or other policies and procedures for the timely and orderly progression of the meeting; provided, however, that a simple majority of the Council may cause a change in the order of items on the agenda. 1.5 MAYOR SEATING OF THE COUNCIL The Mayor, prior to the first meeting held in December, will provide the councilmember seating chart to the Town Clerk. 1.6 VICE MAYOR ROTATION The eight-month rotation of the Vice Mayor is based in order of the highest number of votes received at which the councilmember was elected as provided for on the final election results received from Maricopa County Elections. If Councilmember(s) wins at the Primary Election, the Councilmember(s) will placed ahead of those Councilmember(s) who win at the General Election, utilizing the same process as just stated. SECTION 2. DEFINITIONS 2.1 AGENDA As set forth in the Order of Business, an agenda is a formal listing of items to be considered by (i) the Council at a noticed meeting of the Council or (ii) the applicable Board, Commission or Committee at a noticed meeting of that body. The content of the agenda may not be changed less P a g e s3 of 38 | than the Thursday prior to the public meeting, except in exceptional circumstances, but in no event shall the agenda be altered less than 24 hours prior to the public meeting, unless otherwise authorized by State Law. 2.2 AGENDA PACKET A compilation of documents supporting the items listed on the agenda and requiring Council consideration or action, which may be used by Council, staff and the public for more in-depth information than may be presented in an oral report. The agenda packet is organized as set forth in the Order of Business in Section 5 below and is generally made available electronically to the Council and to anyone on the Town's website by 6:00 p.m. the Thursday prior to the date of the meeting. 2.3 CONSENT AGENDA Items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of Consent Agenda 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 by notifying the Town Manager prior to the date of the meeting. The item will be removed from the Consent Agenda and considered as the first item on the Regular Agenda. 2.4 COUNCIL Collectively, the Mayor and Common Council of the Town of Fountain Hills. 2.5 COUNCIL RULES The Town of Fountain Hills, Arizona Town Council Rules of Procedure. P a g e s4 of 38 | 2.6 MEETING The gathering, in person or by technological devices, of a quorum of the Council, Boards, Commissions or Committees, at which the Councilmembers, Board members, Commissioners, or Committee members discuss, propose or take legal action, including any deliberations by a quorum with respect to such action. If a quorum is not present, those in attendance will be named for the record by the Town Clerk or the staff liaison for a Board, Commission or Committee. 2.7 NOTICE A formal announcement to the public that sets the date, time and the place at which a meeting will be held. Such notice of meetings shall be in accordance with the State Law, the Town Code and these Council Rules. Council will approve the new calendar year meeting schedule at the first council meeting in December. 2.8 QUORUM The minimum number of Members of the Council, Board, Commission, or Committee that must be present in order for business to be legally transacted. Unless otherwise specified in State Law or the Town Code, a quorum is the majority of members of the public body. 2.9 TOWN The Town of Fountain Hills, an Arizona municipal corporation. SECTION 3. MEETINGS 3.1 REGULAR MEETINGS A. Regular Meeting Date; Time. The Council shall hold regular meetings on the first and third Tuesday of each month at 5:30 P.M. When deemed appropriate, any regular meeting date of the Council may be changed or cancelled by a majority of the Council. Notice of the rescheduled P a g e s5 of 38 | or cancelled meeting shall be given to the public as is reasonable and practicable under the circumstances and in compliance with State Law. All regular meetings shall be held at the Town Hall Council Chambers or at such places as may be prescribed by the Mayor or the Town Manager. The Council may provide for a "Call to the Public" at such regular meetings. B. Holidays. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on such a holiday, but such a meeting shall be held at the same time and the same location on the day designated by the Council that is not a holiday, unless the meeting is otherwise cancelled by the Council. 3.2 ADJOURNED MEETINGS Any meeting may be adjourned to a certain time, place and date, but not beyond the next regular Council meeting. Once adjourned, the meeting may not be reconvened except at the time, date and place provided for in the motion to adjourn. 3.3 SPECIAL MEETINGS The Mayor, the Town Manager, or the Town Clerk (upon the written request of three Councilmembers), may convene the Council at any time after giving at least 24 hours’ notice of such a meeting to members of the Council and the public. The notice shall include the date, place, time and purpose of such a special meeting. 3.4 WORK SESSIONS A. How Convened; When Convened; Notice. The Mayor or the Town Manager (at his own discretion or upon the written request of three Councilmembers) may convene the Council in a work session at any time after giving notice at least 24 hours in advance of such a work session to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such work session. B. Purpose. Work sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration by the Council than may be possible at a regular meeting. No formal action of the Council may be taken at such a work session, other than P a g e s6 of 38 | consensus or conveying directions to staff for further action. These work sessions shall not provide for a “Call to the Public.” 3.5 EXECUTIVE SESSIONS Subject to applicable State Law, the Council may hold such closed executive sessions as necessary to conduct the business of the Town as allowed by State Law such as regarding personnel or for the purpose of obtaining legal counsel. 3.6 EMERGENCY MEETINGS As provided by State Law, the Mayor and Council or the Town Manager may call a special emergency meeting to discuss or take action on an unforeseen issue where time is of the essence and sufficient time does not provide for the posting of a meeting notice 24 hours or more before the meeting. Notice of an emergency meeting of the Council will be posted within 24 hours following the holding of an emergency meeting. The notice will include the emergency meeting’s agenda and a brief but complete description of the nature of the emergency. Emergency meetings shall not provide for a "Call to the Public." 3.7 MEETINGS TO BE PUBLIC A. Open to Public. With the exception of executive sessions, all regular, special and work session meetings of the Council, Boards, Commissions, and Committees shall be open to the public. B. Public Comment. Public comment is not taken at work sessions, emergency meetings or at special meetings, unless the special meeting is held in place of a regular meeting, or unless the special meeting includes a public hearing on the agenda. 3.8 MINUTES OF MEETINGS P a g e s7 of 38 | A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special, work session, emergency and executive session meetings of the Council for the purpose of taking notes and/or audio recordings of the meeting. The Town staff liaison to each Board, Commission or Committee shall ensure staff attendance at all meetings for the purpose of taking notes and/or audio recordings of the meetings. B. Recordings; verbatim written minutes. To the extent possible, all open, public meetings shall be recorded by means of audio or video technology. In addition, written minutes reflecting legislative intent shall be taken so that an accounting of the issues discussed, and actions taken are compiled and entered into the permanent minutes and kept on file in the Office of the Town Clerk. Audio or video recordings of meetings will be retained for a period of time in accordance with the current Town of Fountain Hills and/or State of Arizona approved records retention and disposition schedules. Minutes shall identify speakers by name and shall indicate whether they are Fountain Hills residents, and whether they support or oppose the proposed action (i.e. "for" or "against") along with a summary of the speakers' verbal comments provided at the meeting. Comment cards submitted by individuals not wanting to speak in-person but desiring to indicate whether they support or oppose the proposed agenda action (i.e. “for or against”) will be tallied by the Town Clerk and announced. A summary count will be included in the meeting minutes. These comment cards will not be read. C. Availability. All meeting minutes of the Council, Boards, Commissions, and Committees are deemed to be public records, with the exception of executive session minutes, which, while they fall under the definition of and are considered public records by State Law, are deemed confidential and are only available under limited conditions or by Court Order. Transcribed minutes, or the audio or video recordings of all open meetings of the Council, Boards, Commissions, and Committees must be available for public review by 5:00 p.m. on the third working day following each meeting, or as provided by State Law. The Town Clerk or designee shall ensure that the minutes of all regular, special meetings and work sessions of the Council, Boards, Commissions, and Committees are made available through the Town's Website within two working days following their approval, or as provided by State Law. D. Executive Sessions. Minutes of executive sessions (1) shall be confidential; (2) are maintained and secured by the Town Clerk; and (3) may be accessed only as provided by State Law. P a g e s8 of 38 | E. Approval. Minutes of all meetings of the Council (other than executive sessions) may be approved under the consent agenda, unless removed for discussion and separate action. SECTION 4. NOTICE AND AGENDA 4.1 POSTING NOTICES A. Time. The Town Clerk, or authorized designee, shall prepare all public meeting notices of the Council, and shall ensure posting of the meeting notices no less than 24 hours before the date and time set for said meetings in accordance with State Law. The staff liaison to each Board, Commission or Committee shall ensure that agendas are posted in the same manner as for the Council. B. Locations. The Fountain Hills Town Code, Section 2-4-3, states meeting notices shall be posted at a minimum of three locations within the Town, including the Community Center, Town Hall, and the Town's website. 4.2 AGENDA PREPARATION A. Availability. The Town Manager, or designee, shall prepare the agendas for all meetings of the Council as set Forth. Agendas of all meetings of the Council shall generally be available to the public on the Thursday prior to said meetings, except in exceptional circumstances. In no event shall the agenda be made available less than 24 hours prior to said meeting unless authorized by State Law. Agendas and agenda packet materials are made available through the Town's website. The staff liaison to each Board, Commission or Committee shall ensure that the agenda is available in the same manner as required for the Council. B. Submittal Process. Items may be placed on the Council agenda for discussion and possible action by the following process (the agenda process for Boards, Commissions or Committees shall be as determined by the applicable Department Head, which shall be substantially the same as the Council agenda submittal process): P a g e s9 of 38 | 1. All Departments: Preparation of the Staff Report with signatures of the department director and staff (including all attachments) are provided to the Town Clerk for submittal to the Town Manager not later than the Monday prior to date of the meeting. The Town Manager approves/amends items and signs off, finalizing the item for inclusion in the agenda packet. 2. Mayor and Councilmembers: The Mayor or a Councilmember with the support of two additional Councilmembers, may direct the Town Manager to place an item on the next available agenda within the next three meetings for consideration and possible action. 3. Town Manager and Town Attorney: The Town Manager or Town Attorney may place an item on the agenda by submitting appropriate documentation to the Town Clerk. 4. Person or Group: A person or group may request an item be placed on an agenda through the Town Manager, Mayor, or a Councilmember. C. Timelines for Submission of Items. 1. Agenda items shall be submitted to the Town Manager by 2:00 p.m., not less than eight calendar days prior to regular, work sessions and special meetings to ensure timely delivery to Councilmembers. 2. The Town Manager may approve exceptions to the schedule in order to ensure that the distribution of all agenda packets to the Council is in conformance with these Council Rules. 3. Any requests requiring audio/visual support must be submitted to the Town Clerk for coordination with the information and technology division a minimum of 24 hours prior to the meeting. Department directors are responsible for obtaining presentation materials from applicants or presenters involved in their respective agenda items. D. Agenda Item Submittals for Council Executive Sessions. Items may be placed on the agenda for the Council executive session discussion (if in compliance with the Town Code and applicable State Statutes) by the following process: P a g e s10 of 38 | 1. Submission by a Councilmember, the Town Manager, or the Town Attorney (with notice to all Councilmembers). 2. Submission by the Mayor (with notice to all Councilmembers). 3. The Town Manager and the Town Attorney shall review the submittal for executive session discussions prior to placement on the agenda, to ensure that the item is the proper subject of an executive session pursuant to State Law. 4. The Town Attorney shall advise the Town Clerk regarding the appropriate agenda language of executive session items. E. Agenda Packets. Agenda Packets for all noticed meetings (except executive session documentation) of the Council shall be made available to Council members electronically, at least five days before regular meetings and work sessions; provided, however, that agenda packets may be supplemented later under special circumstances so long as no agenda packet material is made available less than 24 hours prior to the meeting, except in the case of exceptional circumstances or an emergency meeting. F. Removal Requests. Requests to remove items from the Consent Agenda occurring after the 24-hour posting deadline will be announced by the Mayor at the beginning of the meeting. The posted agenda will remain unchanged. 4.3 DISTRIBUTION OF NOTICES AND AGENDAS A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies of all meeting notices and agendas and any documentation provided for said meeting electronically, on the Thursday prior to the meeting, unless exceptional circumstances require a later delivery. B. Distribution. The Town Clerk shall ensure that the meeting notices, agendas and packet documentation, as deemed necessary, are posted to the Town's website and made P a g e s11 of 38 | available to the Mayor and Council, the public, Town Manager, Town Attorney, and staff electronically by 6:00 p.m. on the Thursday prior to the date of the meeting. C. Amendments. A posted agenda may be amended up to 24 hours prior to the meeting. In exceptional circumstances, an agenda may be amended up to, but not less than, 24 hours prior to the meeting, unless otherwise authorized by State Law. Amended agendas shall indicate the date amended. 4.4 DISTRIBUTION OF MATERIALS/HANDOUTS FOR PROPOSED LANGUAGE TO AGENDA ITEMS Mayor and Councilmembers: The Mayor and Councilmembers may submit a document/handout for consideration regarding an item on the next Council agenda. The document/handout must be presented to the Town Clerk, or designee, no later than 12:00 PM Noon the day before the council meeting. Handouts submitted after the deadline will not be disseminated to the Council for consideration. The Town Clerk will provide copies of the Mayor’s /Councilmember’s handout(s) along with any online public comment cards on the dais prior to the Council meeting and will announce the documents when that agenda item is under consideration. This process will ensure the Town Clerk has the document/handout for the permanent record, solve any transparency issues, minimize any potential open meeting violations, and avoid any disruption during the Council meeting. SECTION 5. ORDER OF BUSINESS 5.1 ORDER OF BUSINESS The Order of Business of each meeting shall be as contained in the agenda. The agenda shall be a sequentially numbered listing by topic and a brief description of business items that shall be taken up for consideration. 5.2 REGULAR MEETINGS P a g e s12 of 38 | The agenda shall be prepared substantially in the following order, but may be amended for brevity: AGENDA Call to Order & Pledge of Allegiance Invocation/Moment of Reflection Roll Call Statement of Participation Summary Reports by Mayor, Councilmembers and Town Manager (including proclamations) (No discussion) Presentations (if any) Call to the Public (Non-agenda items) (preceded by the following paragraph) Pursuant to ARIZ. REV. STAT. § 38-431.01(I), 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 the matter or (iii) ask that the matter be placed on a future Council agenda. Consent Agenda (preceded by the following explanatory paragraph) All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and vote 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 item will be removed from the Consent Agenda and considered as the first item on the Regular Agenda. The remaining items on the Consent Agenda will be enacted by one motion and vote of the Council. Action Items (grouped by subject to the extent possible) Council Discussion/Direction to the Town Manager Future Agenda Items Adjournment P a g e s13 of 38 | All agendas shall have the following statement placed at the bottom: The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) the Thursday prior to the meeting to request reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished to the Council are available for review in the Town Clerk’s office on the day of the Council meeting, the Council Chamber doors open at 5:15 PM for public seating. A. Roll Call for Attendance. Following the Call to Order and the Pledge of Allegiance, the Moment of Reflection or Invocation and before proceeding with the business of the Council, the Presiding Officer shall direct the Town Clerk or designee to call the Roll, and the names of Councilmembers both present and absent shall be entered into the minutes. The order of roll call for attendance shall be: Mayor, Vice Mayor and then Councilmembers from the Mayor's far right to the Mayor's far left. B. Statement of Participation. Following the Roll Call, The Statement of Participation may be read or disseminated another way at each Regular Council meeting, and will consist of the following: 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. Once the agenda item has started, late requests to speak cannot be accepted. When your name is called, please approach the podium, speak into the microphone, and state your name and if you are a resident 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. It is also requested that applause be kept to a minimum to avoid disruption of the meeting, to maintain decorum, and provide for an equal and uninterrupted presentation. C. Summary Report by Mayor, Councilmembers and Town Manager The Mayor/Presiding Officer may use Reports to read Proclamations or conduct other ceremonial matters as listed on the posted agenda and 2-minute reports may be given by the Mayor, Councilmembers and Town Manager on Town events and/or activities. (The Arizona Open Meeting Law does not allow discussion or action on any matter mentioned during the Reports.) P a g e s14 of 38 | D. Presentations. The Town Manager may use the Presentations section to provide the Council with an update from Department Directors, contracted service providers, neighboring jurisdictions, and regional organizations. E. Call to the Public 1. All persons will be limited to a maximum of three minutes to address the Council on a non-agenda item. 2. All persons wishing to speak before the Council shall fully complete a Request to Comment form. Those speaking will be allowed three contiguous minutes to address Council, but time limits may be waived, upon advice of the Town Attorney, by (a) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a meeting, (b) consensus of the Council at a meeting or (c) the Mayor (or Presiding Officer) either prior to or during a meeting. speakers may not (a) reserve a portion of their time for a later time, or (b) transfer any portion of their time to another speaker. 3. At the conclusion of each speaker’s comments, the Presiding Officer may take any or all of the following actions: a. Thank the speaker for addressing the issue. B Ask staff to review the matter. c. Ask that a matter be put on a future agenda. d. Permit individual Councilmembers to respond to criticism raised during the Call to the Public 4. At the discretion of the Presiding Officer, a light and/or sound signals may be used to indicate the commencement of the time for speaking and a warning light may flash to show that the appropriate time has passed. A red light, or sound will signal that there is no longer any remaining time. F. Consent Agenda P a g e s15 of 38 | 1. The Consent Agenda includes items that are of such nature that discussion is not required, or issues that have been previously studied by the Council. These items may be adopted by one motion and vote. 2. There is no detailed discussion on items listed under the Consent Agenda, unless a member of the Council or any member of the public in attendance at the meeting requests that an item or items be removed for discussion. Councilmembers or the public may not ask a question without removal of the item from the Consent Agenda. 3. Items removed from the Consent Agenda are considered as the first item on the Regular Agenda, unless called out of sequence as provided under Section 1.4. (Suspension of the Rules) G. Action Items. 1. At the time each business item is presented to the Council, the Town staff shall present a report on the subject and the applicant, if any, may also speak. The Mayor or the Town Clerk, or designee, will then call the Request to Comment forms of those persons desiring to provide input and comments. All persons wishing to speak before the Council shall fully complete Request to Comment forms and submit the forms to the Town Clerk, or designee, prior to the Council starting the agenda item. Late requests to speak cannot be accepted. Sufficient request forms shall be located in the Council Chamber's Lobby (the public entry area into the Chamber) and at the Town Clerk's position on the dais. Completed forms will be retained by the Town Clerk until the draft minutes are approved by the Council at a subsequent meeting. Speakers' names and comments will be included in the meeting minutes. Speakers will be called in the order in which the forms were received. If a speaker chooses not to speak when called, such speaker will be deemed to have waived his/her opportunity to speak on that matter. Request to Comment forms submitted by those who indicate they will not speak will be grouped together by the categories of "for" and "against" relating to the item indicated on the forms. The Town Clerk, or designee, will announce the number of cards received, if any, and the number received per category. 2. Those speaking before Council will be allowed three contiguous minutes to address Council, but time limits may be waived, upon advice of the Town Attorney, by (a) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a P a g e s16 of 38 | meeting, (b) consensus of the Council at a meeting or (c) the Presiding Officer either prior to or during a meeting. Speakers may not (a) reserve a portion of their time for a later time, or (b) transfer any portion of their time to another speaker. 3. Speakers may also use the online Request to Comment Form to provide input regarding an item on the agenda. The online Request to Comment form is found on the Town’s website. The speaker must completely fill out the online form, listing a specific agenda item and submit the form no later than 12:00 p.m. on the day before the Council meeting that this item is on the agenda. The Town Clerk will provide electronic copies of these online Request to Comment forms to Councilmembers. Comments provided through the online form process will not be read out loud at the meeting, but will be grouped and tallied together by the agenda item number and by categories “for and against”. The Town Clerk, or designee, will announce the number of cards received, if any, and number received per category. 4. The purpose of all public comments is to provide information and the speakers’ views for Council consideration. It is not appropriate for the speakers to question directly, or debate the matter under consideration with staff, other speakers, the audience or Councilmembers; all remarks will be addressed to the Presiding Officer and not to individual Councilmembers. All comments shall be addressed through the Presiding Officer who shall decide if any response is warranted and who, if anyone, shall address the concern. Councilmembers may request, upon recognition by the Presiding Officer, clarification of comments or materials presented by the speakers, any applicant's representatives or Town staff; provided, however, that no Councilmember shall engage in debate directly with such speakers, representatives or Town staff. 5. Proper decorum, in accordance with Section 6.4, must be observed by Councilmembers, by speakers in providing testimony and remarks and by the audience. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Councilmembers, Town staff or members of the public are not allowed. 6. Generally, agenda items requiring public hearings, other than those of a quasi- judicial nature, shall be conducted in the following order: P a g e s17 of 38 | a. The Presiding Officer will announce the matter that is set forth for a public hearing, will then open the public hearing, and, if appropriate, ask the staff to provide a report of the matter. b. The Presiding Officer will then ask the applicant, if any to speak regarding the matter. c. The or Presiding Officer will request the Town Clerk, or designee, to call on those who have submitted Request to Comment cards. d. After all public comments are heard, the Presiding Officer will close the public hearing, and may ask staff or the applicant to respond to the comments. e. The Presiding Officer may then call for a motion and second, if applicable, and ask if Council wishes to discuss the issue. Council may then proceed to discuss the matter. f. Upon the conclusion of Council discussion, the Presiding Officer will call for action on the item. g. Exhibits, letters, petitions, and other documentary items presented or shown to the Council during a public hearing agenda item become part of the record of the public hearing and shall be maintained by the Town Clerk. h. Should exhibits or materials be presented at the meeting, ten collated sets of written or graphic materials should be provided by the speaker to the Town Clerk prior to the commencement of the hearing to allow for distribution to the Council, key Town staff and the Town Clerk for inclusion in the public record. Reduced copies (8” x 11") of large graphic exhibits should be provided as part of the sets of materials for distribution. The appropriate staff member shall be responsible to notify applicants of this requirement. 7. Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda and the number of persons desiring to P a g e s18 of 38 | speak on an issue, the Presiding Officer may, at the beginning of the agenda item, limit repetitive testimony, and limit the amount of time per speaker. Upon approval of (a) the Presiding Officer or (b) a majority of the Council, persons may be allowed to speak longer than three minutes. Councilmembers may ask the speaker questions through the Presiding Officer. 8. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the Town Attorney shall advise the Council in this regard. H. Council Discussion/Direction to the Town Manager. The Council may (1) request the Town Manager to follow-up on matters presented at that meeting; and/or (2) a consensus of the Council may request the Town Manager to research a matter and report back to the Council. I. Adjournment. The open, public meeting of the Council may be adjourned by consensus of the Council. 5.3 SPECIAL MEETINGS A. As Substitute for Regular Meeting. If a special meeting is being held as an extension of or in place of a regular meeting, the agenda shall be as set forth for a regular meeting. B. Generally. For all other special meetings, the agenda shall be prepared in the following order: AGENDA Call to Order Roll Call Consent Agenda (if needed -explanatory paragraph same as regular meeting) Action Items (grouped by subject to the extent possible) Adjournment P a g e s19 of 38 | 5.4 WORK SESSION MEETINGS The primary purpose of work sessions is to provide the Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an agenda item, if invited by the Mayor and Council to do so. The Presiding Officer may limit or end the time for such presentations. The work session agenda shall be prepared in the following order: Call to Order Roll Call Work Session Statement (explanatory statement) All Items Listed Are for Discussion Only. No Action Can or Will Be Taken. The primary purpose of work sessions is to provide the Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. Agenda Items for Discussion (Items Numbered for Order) Adjournment SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING 6.1 CALL TO ORDER A meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in his/her absence, by the Vice-Mayor). In the absence of both the Mayor and Vice-Mayor, the meeting shall be called to order by the Town Clerk, who shall immediately call for the selection of a temporary Presiding Officer. 6.2 PARTICIPATION OF PRESIDING OFFICER The Presiding Officer may debate from the chair, subject only to such limitations of debate as are imposed on all Councilmembers, and he/she shall not be deprived of any of the rights and P a g e s20 of 38 | privileges of a Councilmember by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. 6.3 QUESTION TO BE STATED The Presiding Officer shall verbally restate or shall ask the Councilmember to verbally restate, each question (motion) immediately prior to calling for discussion and the vote. Following the vote, the Presiding Officer shall ask the Town Clerk or designee to verbally announce the results of voting, including the ayes, nays and abstentions. The Presiding Officer shall publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Formal votes shall not be taken at work sessions or executive sessions. 6.4 RULES/DECORUM/ORDER A. Points of Order. The Presiding Officer shall determine all points of order after consultation with the Parliamentarian, subject to the right of any member to appeal such determination to the whole Council. If any appeal is taken, the question (motion) shall be substantially similar to the following: "Shall the decision of the Presiding Officer be sustained?" In which event, following a second, a majority vote shall govern, and conclusively determine such question of order. B. Order and Decorum 1. Councilmembers: Any Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, may speak. 2. Employees: Members of the administrative staff and employees of the Town shall observe the same rules of procedure and decorum applied to Councilmembers. The Town Manager shall ensure that all Town employees observe such decorum and will direct the participation of any staff member in the discussion of the Council. The Town Manager shall first be recognized by the Presiding Officer prior to addressing the Council. Any staff member desiring to speak shall first be recognized by the Town Manager. P a g e s21 of 38 | 3. Public: Members of the public attending the meetings shall observe the same rules of order and decorum applicable to the Council. Unauthorized remarks or demonstrations from the audience, such as applause, stamping of feet, whistles, boos or yells shall not be permitted by the Presiding Officer, who may direct a law enforcement officer to remove such offender/s from the room. C. Enforcement of Decorum. Proper decorum is to be maintained during all meetings by the Council, staff and guests. It is the responsibility of the Presiding Officer of the meeting to ensure compliance with this Policy. The Presiding Officer shall request that a speaker refrain from improper conduct; if the speaker refuses, the Presiding Officer may end the speaker's time at the podium. If the speaker refuses to yield the podium after being asked to do so by the Presiding Officer, the Presiding Officer may (1) recess the meeting for a brief time or (2) direct a law enforcement officer present at the meeting to remove from the meeting the person whose conduct is disorderly or disruptive. 6.5 TELECONFERENCE PROCEDURE Meetings may be conducted by teleconference as follows: A. Prior Notice. When a Councilmember is unable to attend a meeting and desires to participate in the meeting by telephone, the Councilmember shall be permitted to do so provided he/she gives the Town Clerk, or designee, notice of his/her inability to be present at the meeting at least 24 hours prior to the meeting. B. Notation on Agenda. The notice of the meeting and the agenda shall include the following: "Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call." C. Public Access. Facilities will be used at the meeting to permit the public to observe and hear all telephone communications. D. Notation in Minutes. The minutes of the meeting shall clearly set forth which members are present in person and which are present by telephone. P a g e s22 of 38 | 6.6 ADDRESSING THE COUNCIL A. Manner of Addressing the Council. 1. Any member of the public desiring to address the Council shall proceed to the podium after having been recognized by the Presiding Officer. There shall be no loud vocalization (shouting or calling out) from the seating area of the Council Chamber. At the podium, the speaker shall clearly state his/her name for the record and shall indicate if he/she is a Town resident. 2. Special assistance for sight and/or hearing-impaired persons can be provided. Anyone requiring such assistance should contact the Town Clerk the Thursday prior to a meeting to request an accommodation to participate in the meeting. B. Limitation Regarding Public Comment and Reports. The making of oral communications to the Council by any member of the public during the "Call to the Public: (Non -agenda Items)" or under an action item, shall be subject to the following limitations: 1. All speakers wishing to address the Council shall complete and submit a Request to Comment form as set forth in Subsection 5.2. 2. The Presiding Officer may limit the number of speakers heard on non- agenda topics at any single meeting to allow the meeting to proceed and end in a timely manner. 3. If it appears that several speakers desire to provide repetitive comments regarding a single topic, the Presiding Officer may limit the number of speakers. C. Motions. 1. Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. P a g e s23 of 38 | 2. Precedence of Motions: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: a. Fix the time to adjourn b. Adjourn c. Recess d. Raise a question of Privilege e. Table f. Limit or extend limits of debate g. Postpone to a certain time and date h. Amend i. Postpone Indefinitely j. Main Motion 3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is used to dismiss an item on the agenda. This motion is debatable, and because it can be applied only to the main question, it can, therefore, only be made while the main question is immediately pending (a motion and second is on the floor). This motion is commonly used to postpone an item until a more appropriate time. 4. Motion to Table: A motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen, in such a way that there is no set time for taking the matter up again. A motion to table shall be used to temporarily by-pass the subject. A motion to table shall not be debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 5. Motion to Limit or Terminate Discussion: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion. This is referred to as "Call for the Question" and is the motion used to cut off debate and to bring the group to an immediate vote on the pending motion; it requires a two-thirds vote. The vote shall be taken by voice. If the P a g e s24 of 38 | motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6. Motion to Amend: a. A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment on the floor shall not be in order. b. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. c. Amendments shall be voted on first, prior to consideration of subsequent amendments. After all amendments have been voted on, the Council shall vote on the main motion (as amended, if applicable). 7. Motion to Continue: Motions to continue shall be debatable only as to the propriety of postponement. Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set only. D. Addressing the Council after Motion is made. After the motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission from the Presiding Officer. E. Voting Procedure. After discussion has been concluded and the Mayor, the Councilmember who made the motion or the Town Clerk has restated the motion under consideration, the following procedure shall apply: 1. Casting a Vote: a. In acting upon every motion, the vote shall be taken by casting a mechanical yes/no vote, voice, roll call or any other method as determined by the Presiding Officer, by which the vote of each member of the Public Body can be clearly ascertained and recorded in the P a g e s25 of 38 | meeting minutes. Upon the request of the Mayor or a Councilmember, the vote shall be taken by roll call. b. The vote on each motion shall be entered into the record by names of the Councilmembers voting for or against. The Record also shall include the names of any member not casting a vote by reason of being absent from the room at the time of the vote. c. If a Councilmember has declared a Conflict of Interest, the Town Clerk shall include a statement such as "Abstained due to declared Conflict of Interest" in the official minutes as part of the results of the vote. The Councilmember shall fill out a “Conflict of Interest” form and submit it to the Town Clerk for the record prior to the end of the meeting at which the conflict was declared. d. If the roll call method of voting is used, the Town Clerk or designee shall call the names of members in random order with each new vote concluding the vote with the Vice Mayor and Mayor respectively. Members shall respond "Aye" or "Nay." 2. Failure to Vote: a. All Councilmembers in attendance at a duly called meeting that requires formal Council action are required to vote. A member may abstain from voting only if he/she has a Conflict of Interest under State Law, in which case such member shall take no part in the deliberations on the matter in question. Councilmembers should contact the Town Attorney to verify if they have a conflict of interest, prior to meeting the Councilmember perceives they have a Conflict of Interest. b. Should a Councilmember fail to vote “Aye” or “Nay” or offer a voluntary abstention, his/her vote shall be counted with the majority of votes cast, unless the Councilmember's vote is excused by the State Law; however, in the event of a tie vote, his/her vote shall be counted as "Aye." 3. Reconsideration: Any Councilmember who voted with the majority may move a reconsideration of any action at the same or next regular meeting. To ensure that the open P a g e s26 of 38 | meeting law requirements are met, a written request from such Councilmember must be submitted to the Town Clerk’s Office at least eight days prior to the next regular meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without the unanimous consent of the Council. 4. The affirmative vote of a majority of a quorum shall be required for passage of any matter before the Council. SECTION 7. CONFLICT OF INTEREST 7.1 INTRODUCTION Occasionally, a Councilmember may find himself/herself in a situation that requires a Councilmember to remove himself/herself from participation in discussion and voting on a matter before the Council. This situation exists when the Councilmember has a "conflict of interest" as defined by the Arizona Conflict of Interest Law. This law establishes minimum standards for the conduct of public officers and employees who, in their official capacity, are, or may become involved with, a decision which might unduly affect their personal interests or those of their close relatives. 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS The purpose of Arizona's Conflict of Interest Law is to prevent self-dealing by public officials and to remove or limit any improper influence, direct or indirect, which might bear on an official's decision, as well as to discourage deliberate dishonesty. 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW The Arizona Conflict of Interest Law as now set forth or as amended in the future, applies to all actions taken by Councilmembers, Board members, Commissioners, and Committee members. 7.4 DISCLOSURE OF INTEREST P a g e s27 of 38 | Any Councilmember, Board member, Commissioner, or Committee member who may have a conflict of interest should seek the opinion of the Town Attorney as to whether a conflict exists under the State Law. Any member who has a conflict of interest in any decision must disclose that interest at the meeting and in writing on a form provided by the Town Clerk, or designee. The disclosure of the conflict shall include a statement that the member withdraws from further participation regarding the matter. The Town Clerk or designee shall maintain for public inspection all documents necessary to memorialize all disclosures of a conflict of interest by a member. 7.5 WITHDRAWAL FROM PARTICIPATION Having disclosed the conflict of interest and withdrawn in the matter, the Councilmember, Board member, Commissioner, or Committee member must not communicate about the matter with anyone involved in the decision-making process in any manner. Further, the member should not otherwise attempt to influence the decision and should remove himself/herself from the Council Chambers, or other location where a meeting is being held, while the matter is considered. Failure to disclose any conflict of interest is addressed in Section 7.8. 7.6 RULE OF IMPOSSIBILITY In the unlikely situation that the majority of Councilmembers, Board members, Commissioners, or Committee members have a conflict of interest, and the Council, Board, Commission or Committee is unable to act in its official capacity, members may participate in the discussion and decision after making known their conflicts of interest in the official records. 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN Public officers and employees are prohibited from using or attempting to use their official positions to secure valuable things or benefits for themselves, unless such benefits are (A) part of the compensation they would normally be entitled to for performing their duties or (B) otherwise permitted according to State Law. 7.8 SANCTIONS FOR VIOLATIONS P a g e s28 of 38 | Violations of the conflict of interest provisions set forth herein shall be punished as provided for in State Law. 7.9 NON-STATUTORY CONFLICTS OF INTEREST Occasionally, a Councilmember, Board member, Commissioner, or Committee member may feel that he/she should ethically refrain from participating in a decision even though the circumstances may not amount to a conflict of interest under the State Law. It is the policy of the Council to encourage members to adhere to strongly held ethical values, which are exercised in good faith. However, subsection 6.6(E) (2) encourages participation in the decision-making process unless the matter involves a statutory conflict of interest set forth by State Law. SECTION 8. CODE OF ETHICS PREAMBLE: The residents of Fountain Hills are entitled to have a fair, ethical, and accountable government, which has earned the public’s full confidence. In keeping with the Town of Fountain Hills’ commitment to the effective functioning of government, public officials, both elected and appointed, shall comply with the laws and policies affecting the operations of government; be independent, impartial and fair in their judgment and actions and use their office for the public good and not for personal gain. The purpose of this policy for the Town is to ensure the quality of the Town Government through ethical principles that shall govern the conduct of the Council and members of the Town's Boards, Commissions, and Committees. In furtherance of this purpose, Town Council, Board, Commission and Committee Members, shall: 8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA AND THE LAWS OF THE TOWN OF FOUNTAIN HILLS. WORK TO ENACT AND ENFORCE LAWS THAT PROMOTE THE WELL-BEING OF OUR COMMUNITY. P a g e s29 of 38 | 8.2 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT. 8.3 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND INTEGRITY. A. Public Confidence. We shall conduct ourselves so as to maintain public confidence in Town government and in the performance of the public trust. We recognize our responsibility, when serving in our official capacity, and will practice the following: • Engage in constructive conversations and debates that encourage the exchange of ideas while avoiding personal attacks or derogatory language. • Refrain from making verbal attacks upon the character or motives of other members of the Council, Boards, Commissions, the staff, or the public. • Refrain from making disparaging remarks about the other members of the Council, Boards, Commissions, the staff, or the public. B. Impression of Influence. We shall conduct our official and personal affairs in such a manner as to give a clear impression that we cannot be improperly influenced in the performance of our official duties. C. Advocacy. We shall represent the official policies or positions of the Town Council, Board, or Commission to the best of our ability when designated as delegates for this purpose. When presenting our own individual opinions and positions to the public, the media, or other stakeholders, we shall state they do not represent the Council or the Town of Fountain Hills nor imply that they do. 8.4 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY MISUSE OF PUBLIC TIME IS DISHONEST. A. Private Employment. We shall take any steps necessary to ensure that we comply with the State Law regarding conflicts of interest when we engage in, solicit, negotiate for, or P a g e s30 of 38 | promise to accept private employment or render services for private interests or conduct a private business. B. Confidential Information. We shall not disclose to others, or use to further our personal interest, confidential information acquired in the course of our official duties. C. Gifts. We shall not directly or indirectly, in connection with service to the Town, solicit any gift or accept or receive any gift - of any value - whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form of gratuity. This policy shall not apply to hospitality, transportation or other assistance provided to Town officials when such hospitality, transportation or other assistance is (i) directly related to their participation in community events as a representative of the Town or (ii) of inconsequential value and accepted as a courtesy. D. Investment in conflict with official duties. We shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with our official duties. E. Personal relationships. Personal relationships shall be disclosed in any instance where there could be the appearance of conflict of interest or a conflict of interest. All members of the Council, Boards, Commissions, or Committees shall acknowledge in writing, on a form provided by the Town Clerk, or designee, receipt of these provisions relating to ethics. SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES The Fountain Hills' Council may create such Boards, Commissions, or Committees as deemed necessary to assist in the conduct of the operation of Town government. The Council may authorize and direct the Town Manager to establish ad hoc committees as needed in order to provide additional flexibility with regard to conducting Town business. P a g e s31 of 38 | 9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND COMMITTEES A. Classification. All Boards, Commissions, or Committees of the Town shall be classified as regularly scheduled or unscheduled Boards, Commissions, or Committees. Regularly scheduled Boards, Commissions, or Committees are those that meet on a regularly- scheduled basis or may be quasi-judicial in nature. Unscheduled Boards, Commissions, or Committees meet on an as-called basis. B. Regularly Scheduled. Regularly scheduled Boards, Commissions, or Committees include: 1. Planning and Zoning Commission 2. Community Services Advisory Commission 3. Strategic Planning Advisory Commission 4. Municipal Property Corporation 5. Historic and Cultural Advisory Commission C. Unscheduled. Unscheduled Boards, Commissions, or Committees: 1. Ad Hoc Committees 2. Board of Adjustment D. Sunset. Except for the Planning and Zoning Commission and Board of Adjustment, any Boards, Commissions, or Committees created shall cease to exist (1) upon the P a g e s32 of 38 | accomplishment of the special purpose for which it was created, or (2) when abolished by a majority vote of the Council. 9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS A. Call for Applications. The call for applications to fill vacant seats for Boards, Commissions, or Committees may include a request for: 1. The application that describes the applicant’s skills, experience, and educational background are needed to ensure the successful filling of the vacancy. Applicants may submit a resume along with the application; however, not in lieu of filling out the application. 2. Responses to the supplemental questionnaire specific to a Board Commission, or Committee application, if such questionnaire is included. 3. The Consent to Executive Session form. 4. If a member whose term will be expiring wishes to reapply for an additional term on the same Board, Commission or Committee, such member is exempt from filing those items as listed in Subsections 9.2 (A)(1 and 2). However, such member shall submit in writing, on a form provided by the Town Clerk or designee that includes a request for the Council's consideration of reappointment in addition to the Consent to Executive Session form as listed in Subsection 9.2(A)(3). The member may include any new or additional information that is relevant to the original application already on file. B. Advertising/Timing and Location. The Town Clerk or designee shall be responsible for advertising to fill vacant seats to Boards, Commissions, and Committees for at least two weeks and no later than two months, prior to the expiration of the current Board, Commission, or Committee member(s) term, via: P a g e s33 of 38 | 1. The Town's three official posting sites as listed in Section 2-4-3 of the Fountain Hills Town Code. The application will be placed on the Town's website for public access with hard copies made available to the public through the Town’s Customer Service Representative. C. Advertisement Contents. Advertisement of vacancies shall include the following: 1. The name of the Board, Commission, or Committee. 2. The number of vacancies to be filled. 3. A brief description of the Board, Commission, or Committee. 4. A brief description of the qualifications, skills and experience background applicants should possess, if any. 5. An overview of when the Board, Commission, or Committee meets. 6. The deadline for submitting applications. 7. Listing of applicant information required and location where application packets may be obtained. 8. Staff Liaison contact information. D. Staff Review. Individuals applying for Boards, Commissions, or Committees must submit to the Town Clerk or Staff Liaison those items as listed in Subsection 9.2(A) by the published deadline. The Town Clerk or Staff Liaison will review the application(s) to ensure that the applicant(s) meet the qualifications as listed in Subsection 9.4(A) P a g e s34 of 38 | E. Council Materials. The staff liaison to the Board, Commission, or Committee will assemble and copy all application packets and provide all supporting materials to all Councilmembers. F Subcommittee Review/Interview. The Council subcommittee shall interview all applicants, unless there are more than five applicants for each vacancy, in which case the subcommittee may choose, at its discretion, to limit the number of interviewed applicants to five per vacancy after meeting to review all of the applications. The staff liaison will schedule an appropriate time to interview qualified applicants in person or via telephone, and shall prepare and post the agenda for an executive session in accordance with the Arizona open meeting law for said interviews. Interviews shall be conducted in Executive Session unless the applicant requests the interview be held at a public meeting. G. Subcommittee Recommendation. After the interviews have concluded, the staff liaison, Town Clerk or the Council Subcommittee Chair shall advise the Mayor of the subcommittee's discussion and appointment recommendation(s). H. Council Consideration. The Staff Liaison shall prepare the Staff Report according to the submission deadline and provide to the Town Clerk, or designee, for the next appropriate Council meeting agenda, including the following information: (1) a review of the steps taken to recruit applicants, (2) the number of vacancies to be filled along with the names of those members whose terms expire, (3) the number of applications received and (4) the specific term to be filled. I. Notification of Council Meeting. The staff liaison shall notify the appointee(s) that he/she is a possible candidate for appointment to a Board, Commission, or Committee and suggest that he/she may want to be present at the scheduled meeting when the recommendation is presented to the Council. J. Notification of Council Action. Following the Council's approval of the Mayor's appointment(s) to a Board, Commission, or Committee, the Town Clerk or designee shall notify appointees as to their appointment and provide them with an Oath of Office, Ethics Policy and Open Meeting Law Affirmation for their signature and return. Those applicants not chosen to fill a vacancy on a Board, Commission, or Committee, will be provided written notification by the Staff Liaison outlining the Council's appointments and they will be provided with an application P a g e s35 of 38 | of interest for consideration of applying for any other Board, Commission, or Committee vacancies. K. Appointee Orientation. The Staff Liaison will provide specific details to the new appointees relative to: (1) their attendance at the "official" Board, Commission, or Committee orientation, and (2) all official literature, agendas, minutes, or other materials specific to their appointment. 9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES A. Appointments Subcommittee. The Mayor may annually appoint Council Subcommittees for Board, Commission, or Committee appointments. Each subcommittee shall be made up of three Councilmembers. The Mayor may appoint himself/herself to this subcommittee. If no such subcommittee is appointed, at a minimum, a quorum of the Fountain Hills Town Council shall review applications and conduct interviews for the various Boards, Commissions, or Committees to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4. B. Subcommittee Purpose. The purpose of this Council Subcommittee is to review applications, interview applicants (in Executive Session) and provide a recommendation to the Mayor for possible appointment to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4. C. Appointment Timing. The process of application review and interviews will be conducted in such a manner as to allow for the appointments to coincide with the term expiration of the current Board, Commission or Committee member(s) term or as soon thereafter as reasonably possible. 9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS P a g e s36 of 38 | A. Minimum Qualifications. All members of Boards, Commissions, and Committees shall meet the following minimum qualifications upon their appointment to any Board, Commission, or Committee. Each member must be: 1. Eighteen years of age or older, for any Board, Commission, or Committee seats, designated by Council; except for members appointed to Youth Commissioner position for youth representation. 2. A Fountain Hills resident for at least one year, unless the Council specifically waives this time or residency requirement for a specific Board, Commission or Committee. 3. A qualified elector, except for youth appointees. B. Prohibited Appointees. Town employees or appointed officers shall not be eligible for appointment to any Board, Commission, or Committee but may be requested to provide staff support thereto. Councilmembers are prohibited from serving on regularly scheduled commissions as listed in Subsection 9.1(B) and the Board of Adjustment. C. Ex-Officio Members. The Mayor, with the consent of the Council, may from time to time appoint ex-officio members to those Boards, Commissions or Committees as set forth in the bylaws of such body. Such members shall serve at the pleasure of the Mayor and Council. Ex -officio members shall not be entitled to vote on any matter brought before the commission. 9.5 TERMS, VACANCIES, REMOVAL A. Terms. All members of unscheduled Boards, Commissions, and Committees shall serve a term of up to three years, or until the Board, Commission, or Committee is dissolved, unless Council action, Town Code, or Arizona Revised Statutes specifically designates terms. B. Staggered Terms for Smaller Boards. For those regularly scheduled Boards, Commissions, and Committees having five members or fewer, the terms of office shall be staggered so that no more than two terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any Boards, Commission, or Committee that will be in existence for a single term. P a g e s37 of 38 | C. Staggered Terms for Larger Boards. For those Boards, Commissions, and Committees having more than five members but less than eight members, the terms of office shall be staggered so that no more than three terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any Board, Commission, or Committee that will be in existence for a single term. D. Simultaneous Service Limitation. No individual may serve as a voting member on more than one regularly scheduled or unscheduled Board, Commission, and Committee at one time. E. Vacancies. A vacancy on a Board, Commission, or Committee shall be deemed to have occurred upon the following: 1. Death or resignation of a member of a Board, Commission, or Committee. 2. A member ceasing to be a resident of the Town of Fountain Hills, unless the Council has provided that such member may be a non-resident. 3. Three successive unexcused or unexplained absences by a member from any regular or special Board, Commission, or Committee meetings. However, the term of all members shall extend until their successors are appointed and qualified. F. Removal. Any Board, Commission, or Committee member may be removed as a member to that Board, Commission, or Committee, or in accordance with Article 2A-1-1 of the Fountain Hills Town Code. G. Filling Vacancy. Whenever a vacancy has occurred on one Board, Commission, or Committee procedures described in Sections 9.2, 9.3, and 9.4 will be used to generate applicants, interview applicants, and make a recommendation for a potential appointee. One exception to this rule is that if a vacancy should occur within twelve months of a subcommittee’s interviewing process for said Board, Commission, or Committee, and the subcommittee had submitted a ranking of those previously interviewed, a recommendation may be forwarded to the Mayor for appointment of the unexpired term based on said ranking. P a g e s38 of 38 | H. Re-appointment. An incumbent member of a Board, Commission, or Committee seeking reappointment shall submit, in writing on a form provided by the Staff Liaison that includes a request for the Council's consideration of reappointment in addition to the consent to executive session form by the published deadline in order to be considered for appointment by the Council. The member may include anyone or additional information that is relevant to the original application already on file. 9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW All Board, Commission, or Committee are subject to the Arizona Open Meeting Law and therefore shall attend the Town's Annual Open Meeting Law training. 9.7 RESIDENCY REQUIREMENT Members of all Boards, Commissions, or Committees shall be residents of the Town. RULES OF PROCEDURE rev. 3-24-25.docx RULES OF PROCEDURE 1.1 PROCEDURES The following are the basis for and are used in conjunction with these basic Rules of Procedure for meetings of the Council, Boards, Commissions and Committees: A. State Law B. Town Code, including these Council Rules C. Parliamentary Procedure at a Glance, New Edition, by O. Garfield Jones D. Roberts Rules of Order, 12th edition, as amended In case of inconsistency, conflict, or ambiguity among the documents listed above, such documents shall govern in the order in which they are listed. 1.2 PRESIDING OFFICER As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice-Mayor, is the Presiding Officer of all meetings of the Council. In the absence or disability of both the Mayor and the Vice-Mayor, the meeting shall be called to order by the Town Clerk , whereupon, the Town Clerk shall immediately call for the selection of a temporary Presiding Officer. If a majority of the Councilmembers present are unable to agree on a Presiding Officer for the meeting, the meeting shall automatically be adjourned and all agenda items shall be carried over to the next regular Council meeting. 1.3 PARLIAMENTARIAN The Town Attorney shall serve as Parliamentarian for all meetings. The Town Clerk shall act as Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as Parliamentarian in the absence of both the Town Attorney and Town Clerk. 1.4 SUSPENSION OF THE RULES The Council, by a three-quarter vote of all members present, may suspend strict observance of these Council Rules or other policies and procedures for the timely and orderly progression of the meeting; provided, however, that a simple majority of the Council may cause a change in the order of items on the agenda. 1.5 MAYOR SEATING OF THE COUNCIL THE MAYOR, PRIOR TO THE FIRST MEETING HELD IN DECEMBER, WILL PROVIDE THE COUNCILMEMBER SEATING CHART TO THE TOWN CLERK. RULES OF PROCEDURE rev. 3-24-25.docx 1.6 THE (EIGHT MONTH) ROTATION OF THE VICE MAYOR IS BASED IN ORDER OF THE HIGHEST NUMBER OF VOTES RECEIVED AT WHICH THE COUNCILMEMBER WAS ELECTED AS PROVIDED ON THE FINAL ELECTION RESULTS RECEIVED FROM MARICOPA COUNTY ELECTIONS. IF COUNCILMEMBER(S) WINS AT THE PRIMARY ELECTION, THE COUNCILMEMBER(S) WILL PLACED AHEAD OF THOSE COUNCILMEMBER(S) WHO WIN AT THE GENERAL ELECTION, UTILIZING THE SAME PROCESS AS JUST STATED. SECTION 2. DEFINITIONS 2.1 AGENDA As set forth in the Order of Business, an agenda is a formal listing of items to be considered by (i) the Council at a noticed meeting of the Council or (ii) the applicable Board, Commission or Committee at a noticed meeting of that body. The content of the agenda may not be changed after the Thursday72 hours prior to the public meeting, except in exceptional circumstances, but in no event shall the agenda be altered less than 24 hours prior to the public meeting, unless otherwise authorized by State law. 2.2 AGENDA PACKET A compilation of documents supporting the items listed on the agenda and requiring Council consideration or action, which may be used by Council, staff and the public for more in-depth information than may be presented in an oral report. The agenda packet is organized as set forth in the Order of Business in Section 5 below and is generally made available electronically to the Council and to anyone on the Town's website: www.fountainhillsaz.gov by 6:00 p.m. the Thursday prior to the date of the meeting. 2.3 CONSENT AGENDA Items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of Consent Agenda 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 by notifying the Town Manager prior to the date of the meeting. The item will be removed from the Consent Agenda and considered in its normal sequence AS THE FIRST ITEM on the REGULAR agenda. 2.4 COUNCIL Collectively, the Mayor and Common Council of the Town of Fountain Hills. RULES OF PROCEDURE rev. 3-24-25.docx 2.5 COUNCIL RULES These Town of Fountain Hills, Arizona Town Council Rules of Procedure. 2.6 MEETING The gathering, in person or by technological devices, of a quorum of the Council, Boards, Commissions or Committees, at which the Councilmembers, Board members, Commissioners, or Committee members discuss, propose or take legal action, including any deliberations by a quorum with respect to such action. If a quorum is not present, those in attendance will be named for the record by the Town Clerk or the staff liaison for a Board, Commission or Committee. 2.7 NEWSPAPER A daily or weekly paid publication of general circulation within the Town of Fountain Hills, Arizona. 2.87 NOTICE A formal announcement to the public that sets the date, time and the place at which a meeting will be held. Such notice of meetings shall be in accordance with the State law, the Town Code and these Council Rules. COUNCIL WILL APPROVE THE NEW CALENDAR YEAR MEETING SCHEDULE AT THE FIRST COUNCIL MEETING IN DECEMbER. 2.9.8 QUORUM The minimum number of Members of the Council, Board, Commission, or Committee that must be present in order for business to be legally transacted. Unless otherwise specified in State law or the Town Code, a quorum is the majority of members of the public body. 2.10 9 TOWN The Town of Fountain Hills, an Arizona municipal corporation. SECTION 3. MEETINGS 3.1 REGULAR MEETINGS A. Regular Meeting Date; Time. The Council shall hold regular meetings on the first and third Tuesday of each month at 5:30 P.M. When deemed appropriate, any regular meeting date of the Council may be changed or cancelled by a majority of the Council. Notice of the rescheduled or cancelled meeting shall be given to the public as is reasonable and practicable under the circumstances and in compliance with State law. All regular meetings shall be held at the Town Hall Council Chambers or at such place RULES OF PROCEDURE rev. 3-24-25.docx as may be prescribed by the Mayor or the Town Manager. The Council may provide for a "Call to the Public" at such regular meetings. B. Holidays. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but such meeting shall be held at the same time and the same location on the day designated by the Council that is not a holiday, unless the meeting is otherwise cancelled by the Council. 3.2 ADJOURNED MEETINGS Any meeting may be adjourned to a time, place and date certain, but not beyond the next regular Council meeting. Once adjourned, the meeting may not be reconvened except at the time, date and place provided for in the motion to adjourn. 3.3 SPECIAL MEETINGS The Mayor, the Town Manager, or the Town Clerk (upon the written request of three Councilmembers), may convene the Council at any time after giving at least 24 hours' notice of such meeting to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such special meeting. 3.4 WORK SESSIONS A. How Convened; When Convened; Notice. The Mayor or the Town Manager (at his own discretion or upon the written request of three Councilmembers) may convene the Council in a work session at any time after giving notice at least 24 hours in advance of such work session to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such work session. B. Purpose. Work sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration of the Council than may be possible at a regular meeting. No formal action of the Council may be taken at such work session, other than general consensus or conveying direction to staff for further action. These work sessions shall not provide for a “Call to the Public.” 3.5 EXECUTIVE SESSIONS Subject to applicable State law, the Council may hold such closed executive sessions as necessary to conduct the business of the Town in certain specific cases as allowed by State law such as regarding personnel or for the purpose of obtaining legal counsel. 3.6 EMERGENCY MEETINGS As provided for by State law, the Mayor and Council or the Town Manager may call a special emergency meeting to discuss or take action on an unforeseen issue where time is of the essence and sufficient time does not provide for the posting of a meeting notice 24 hours or RULES OF PROCEDURE rev. 3-24-25.docx more before the meeting. Notice of an emergency meeting of the Council will be posted within 24 hours following the holding of an emergency meeting. The notice will include the emergency meeting’s agenda and a brief but complete description of the nature of the emergency. Emergency meetings shall not provide for a "Call to the Public." 3.7 MEETINGS TO BE PUBLIC A. Open to Public. With the exception of executive sessions, all regular, special and work session meetings of the Council, Boards, Commissions, and Committees shall be open to the public. B. Public Comment. Public comment is not taken at work sessions, emergency meetings or at special meetings, unless the special meeting is held in place of a regular meeting, or unless the special meeting includes a public hearing on the agenda. 3.8 MINUTES OF MEETINGS A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special, work session, emergency and executive session meetings of the Council for the purpose of taking notes and/or audio recordation RECORDINGS of the meeting. The Town staff liaison to each Board, Commission or Committee shall ensure staff attendance at all meetings for the purpose of taking notes and/or audio recordings of the meetings. B. Recordings; VERBATIM written minutes. To the extent possible, all open, public meetings shall be recorded by means of audio or video technology. In addition, written minutes reflecting legislative intent shall be taken so that an accounting of the issues discussed, and actions taken are compiled and entered into the permanent minutes Book of the Town and kept on file and of record in the Office of the Town Clerk. Audio or video recordings of meetings will be retained for a period of time in accordance with the current Town of Fountain Hills and/or State of Arizona approved records retention and disposition schedules. Minutes shall identify speakers by name and shall indicate whether they are Fountain Hills residents, and whether they support or oppose the proposed action (i.e. "for" or "against") along with a summary of the speakers' verbal comments provided at the meeting. COMMENT CARDS SUBMITTED BY INDIVIDUALS NOT WANTING TO SPEAK IN-PERSON BUT DESIRING TO INDICATE WHETHER THEY SUPPORT OR OPPOSE THE PROPOSED AGENDA ACTION (I.E. “FOR OR AGAINST”) WILL BY TALLIED BY THE TOWN CLERK AND ANNOUNCED. A SUMMARY COUNT WILL BE INCLUDED IN THE MEETING MINUTES . THESE COMMENT CARDS WILL NOT BE READ. C. Availability. All meeting minutes of the Council, Boards, Commissions, and Committees are deemed to be public records, with the exception of executive session minutes, which, while they fall under the definition of and are considered public records by State law, are deemed confidential and are only available under limited conditions or by Court Order. Transcribed minutes, or RULES OF PROCEDURE rev. 3-24-25.docx the audio or video recordings of all open meetings of the Council, Boards, Commissions, and Committees must be available for public review by 5:00 p.m. on the third working day following each meeting, or as provided by State law. The Town Clerk or designee shall ensure that the minutes of all regular, special meetings and work sessions of the Council, Boards, Commissions, and Committees are made available through the Town's website, www.fountainhillsaz.gov within two working days following their approval, or as provided by State law. D. Executive Sessions. Minutes of executive sessions (1) shall be confidential; (2) are maintained and secured by the Town Clerk; and (3) may be accessed only as provided by State law. E. Approval. Minutes of all meetings of the Council (other than executive sessions) may be approved under the consent agenda, unless removed for discussion and separate action. SECTION 4. NOTICE AND AGENDA 4.1 POSTING NOTICES A. Time. The Town Clerk, or authorized designee, shall prepare all public meeting notices of the Council, and shall ensure posting of the meeting notices no less than 24 hours before the date and time set for said meetings in accordance with State law. The staff liaison to each Board, Commission or Committee shall ensure that agendas are posted in the same manner as for the Council. B. Locations. THE FOUNTAIN HILLS TOWN CODE, SECTION 2-4-3, STATES Mmeeting notices shall be posted at a minimum of three locations within the Town, including the Community Center, Town Hall, and the Town's website: www.fountainhillsaz.gov 4.2 AGENDA PREPARATION A. Availability. The Town Manager, or authorized designee, shall prepare the agendas for all meetings of the Council as set Forth below. Agendas of all meetings of the Council shall generally be available to the public on the Thursday prior to said meetings, except in exceptional circumstances. In no event shall the agenda be made available less than 24 hours 24 hours prior to said meeting unless authorized by State law. Agendas and agenda packet materials are made available through the Town's website. The staff liaison to each Board, Commission or Committee shall ensure that the agenda is available in the same manner as required for the Council. B. Submittal Process. Items may be placed on the Council agenda for discussion and possible action by the following process (the agenda process for RULES OF PROCEDURE rev. 3-24-25.docx Boards, Commissions or Committees shall be as determined by the applicable Department Head, which shall be substantially the same as the Council agenda submittal process): 1. All Departments: Preparation of the Staff Report with signatures of the department director and staff (including all attachments) are provided to the Town Clerk for submittal to the Town Manager not later than two business days THE MONDAY prior to date of the meeting. The Town Manager approves/amends items and signs off, finalizing the item for inclusion in the agenda packet. 2. Mayor and Councilmembers: The Mayor or a Councilmember with the support of two additional Councilmembers, may direct the Town Manager to place an item on the next available agenda WITHIN THE NEXT THREE MEETINGS for consideration and possible action. THE COUNCILMEMBER PROPOSING THE AGENDA ITEM IS TO CONTACT THE TOWN MANAGER NOTING THE NAMES OF THE TWO OTHER COUNCILMEMBERS (OR THE MAYOR) WHO SUPPORT PLACING THEIR ITEM ON THIS AGENDA FOR DISCUSSION OF PLACING IT ON A FUTURE AGENDA FOR COUNCIL DISCUSSION AND/OR ACTION BY THE COUNCIL AS A WHOLE. COUNCILMEMBERS’ NAMES AS WELL AS THE AGENDA ITEM FOR DISCUSSION WILL BE LISTED ON THE AGENDA FOR PUBLIC NOTIFICATION. 3. Town Manager and Town Attorney: The Town Manager or Town Attorney may place an item on the agenda by SUBMITTING appropriate documentation .. 4. PERSON Citizen or Group: A PERSON citizen or group may request an item be placed on an agenda through the Town Manager, Mayor, or a Councilmember as indicated above. C. Time Lines for Submission of Items. 1. Agenda items shall be submitted to the Town Manager by 2:00 p.m., not less than nine EIGHT calendar days prior to regular, work sessions and special meetings to ensure timely delivery to Councilmembers. 2. Agenda items for work sessions shall be submitted to the Town Manager by 2:00 p.m., not less than seven calendar days prior to the meeting to ensure timely delivery to Councilmembers. 3. The Town Manager may approve exceptions to the schedule above in order to ensure that the distribution of all agenda packets to the Council is in conformance with these Council Rules. RULES OF PROCEDURE rev. 3-24-25.docx 4. Any requests requiring audio/visual support must be submitted to the Town Clerk for coordination with the information and technology division a minimum of 48 24 hours prior to the meeting. Department directors are responsible for obtaining presentation materials from applicants or presenters involved in their respective agenda items. D. Agenda Item Submittals for Council Executive Sessions. Items may be placed on the agenda for Council executive session discussion (if in compliance with the Town Code and applicable State Statutes) by the following process: 1. Submission by a Councilmember, the Town Manager, or the Town Attorney (with notice to all Councilmembers). 2. Submission by the Mayor (with notice to all Councilmembers). 3. The Town Manager and the Town Attorney shall review the submittal for executive session discussions prior to placement on the agenda, to ensure that the item is the proper subject of an executive session pursuant to state law. 4. The Town Attorney shall advise the Town Clerk regarding the appropriate agenda language of executive session items. E. Agenda Packets. Full agenda packets for all noticed meetings (except executive session documentation) of the Council shall be made available to Council members electronically, AT LEAST five days before regular meetings and work sessions; provided, however, that agenda packets may be supplemented later under special circumstances so long as no agenda packet material is made available less than 72 24 hours prior to the meeting, except in the case of exceptional circumstances or an emergency meeting. F. Removal Requests. Requests to remove items from the Consent Agenda occurring after the 72- 24 hour posting deadline will be announced by the Mayor at the beginning of the meeting.The posted agenda will remain unchanged. 4.3 DISTRIBUTION OF NOTICES AND AGENDAS A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies of all meeting notices and agendas and any documentation provided for said meeting electronically, prior to the meeting, unless exceptional circumstances require a later delivery. B. Distribution. The Town Clerk shall ensure that the meeting notices, agendas and packet documentation, as deemed necessary, are posted to the Town's website: www.fountainhillsaz.gov and made available to the Mayor and Council, the RULES OF PROCEDURE rev. 3-24-25.docx public, Town Manager, Town Attorney, and staff electronically by 6:00 p.m. on the Thursday prior to the date of the meeting. C. Amendments. A posted agenda may be amended up to 72 24 hours prior to the meeting. In exceptional circumstances, an agenda may be amended up to, but not less than, 24 hours prior to the meeting, unless otherwise authorized by State Law. Amended agendas shall indicate the date amended. 4.4 DISTRIBUTION OF MATERIALS/HANDOUTS FOR PROPOSED LANGUAGE TO AGENDA ITEMS Mayor and Councilmembers: The Mayor and Councilmembers may submit a written document/handout for consideration regarding an item on the next council agenda. The document/handout must be presented to the Town Clerk no later than 12:00 PM Noon the day before the council meeting. The Town Clerk will place any PROVIDE COPIES OF Councilmember’s/Mayor’s handout(s) along with any online public comment cards at each station on the dais prior to the Council meeting and will announce the documents when that agenda item is under consideration. This process will ensure the Town Clerk has the written document/handout for the permanent record, solve any transparency issues, minimize any potential open meeting violations, and avoid any disruption during the council meeting. SECTION 5. ORDER OF BUSINESS 5.1 ORDER OF BUSINESS The Order of Business of each meeting shall be as contained in the agenda. The agenda shall be a sequentially numbered listing by topic and a brief description of business items that shall be taken up for consideration. 5.2 REGULAR MEETINGS The agenda shall be prepared substantially in the following order, but may be amended for brevity: RULES OF PROCEDURE rev. 3-24-25.docx AGENDA Call to Order & Pledge of Allegiance Invocation/Moment of Reflection Roll Call Statement of Participation Summary Reports by Mayor, Councilmembers and Town Manager (including proclamations) (No discussion) Presentations (if any) Call to the Public (Non-agenda items) (preceded by the following paragraph) Pursuant to ARIZ. REV. STAT. § 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 the matter or (iii) ask that the matter be placed on a future Council agenda. Consent Agenda (preceded by the following explanatory paragraph) All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and vote 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 item will be removed from the Consent Agenda and considered in its normal sequence as the first item on the REGULAR agenda. The remaining items on the Consent Agenda Action Items (grouped by subject to the extent possible) Council Discussion/Direction to the Town Manager Future Agenda Items Adjournment RULES OF PROCEDURE rev. 3-24-25.docx All agendas shall have the following statement placed at the bottom: The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours THE THURSDAY prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. SUPPORTING DOCUMENTATON AND STAFF REPORTS FURNISHED to THE COUNCIL ARE AVAILABLE FOR REVIEW IN THE CLERK’S OFFICE. ON THE DAY OF THE COUNCIL MEETING, THE COUNCIL CHAMBER DOORS OPEN fifteen minutes prior to the start of the meeting FOR PUBLIC SEATING. A. Roll Call for Attendance. Following the Call to Order and the Pledge of Allegiance, the Moment of Reflection or Invocation and before proceeding with the business of the Council, the Presiding Officer shall direct the Town Clerk or designee to call the Roll, and the names of Councilmembers both present and absent shall be entered into the minutes. The order of roll call for attendance shall be: Mayor, Vice Mayor and then Councilmembers from the Mayor's far right to the Mayor's far left. B. Statement of Participation. Following the Roll Call, the Town Clerk will read tThe Statement of Participation MAY BE READ or disseminated another way at each Regular Council meeting, and will consist of the following: Anyone wishing to address the Council regarding items listed on the agenda or under “Call to the Public” should fill out a request to comment card located in the back of the council chambers and hand it to the Town Clerk prior to consideration of that agenda item. When your name is called, please approach the podium, speak into the microphone, and state your name and if you are a resident 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 meeting. NO ADDITIOnal COMMENT CARDS WILL BE ACCEPTED FROM THE PUBLIC ONCE THE AGENDA ITEM HAS BEEN CALLED by the Presiding Officer. C. Summary Report by Mayor, Councilmembers and Town Manager The Mayor/Presiding Officer may use Reports to read Proclamations or conduct other ceremonial matters as listed on the posted agenda and 2 minute reports may be given by the Mayor, Councilmembers and Town Manager on Town current events and/or activities. (The Arizona Open Meeting Law does not allow discussion or action on any matter mentioned during the Reports.) D. Presentations. The Town Manager may use the Presentations section to provide the council with an update from Department Directors, contracted service providers, neighboring jurisdictions, and regional organizations. RULES OF PROCEDURE rev. 3-24-25.docx E. Call to the Public. 1. All RESIDENTS citizens and interested parties will be limited to a maximum of three minutes to address the Council on a non-agenda item. 2. All RESIDENTSand interested parties wishing to speak before the Council shall fully complete a Request to Comment form (Request Form). Request forms submitted by those who indicate they will not speak will be grouped together in the order in which the cards were received and by the categories of "for" and "against" relating to the item indicated on the request forms. The Town Clerk will announce the number of cards received, if any, and t h e number received per category. THOSE SPEAKING BEFORE COUNCIL WILL BE ALLOWED THREE CONTIGUOUS MINUTES TO ADDRESS COUNCIL, BUT TIME LIMITS MAY BE WAIVED, UPON ADVICE OF THE TOWN ATTORNEY, BY (A) DISCRETION OF THE TOWN MANAGER UPON REQUEST BY THE SPEAKER NOT LESS THAN 24 HOURS PRIOR TO A MEETING, (B) CONSENSUS OF THE COUNCIL AT A MEETING OR (C) THE MAYOR (OR PRESIDING OFFICER) EITHER PRIOR TO OR DURING A MEETING. SPEAKERS MAY NOT (A) RESERVE A PORTION OF THEIR TIME FOR A LATER TIME, OR (B) TRANSFER ANY PORTION OF THEIR TIME TO ANOTHER SPEAKER. 3. At the conclusion of each SPEAKER’Scitizen's comments, the Presiding Officer may take any or all of the following actions: a. Thank speaker for addressing issue. b. Ask staff to review matter. c. Ask that a matter be put on a future agenda. d. Permit individual Councilmembers to respond to criticism raised during the Call to the Public 4. At the discretion of the Presiding Officer) a light and/or sound signals may be used to indicate the commencement of the time for speaking and a warning light may flash to show that the appropriate time has passed. A red light, or other designated method will signal that there is no longer any remaining time. FE. Consent Agenda 1. The Consent Agenda includes items that are of such a nature that discussion is not required, or issues that have been previously studied by the Council. These items may be adopted by one motion and vote. RULES OF PROCEDURE rev. 3-24-25.docx 2. There is no detailed discussion on items listed under the Consent Agenda, unless a member of the Council or any member of the public in attendance at the meeting requests that an item or items be removed for discussion. Councilmembers or the public may not ask a question without removal of the item from the Consent Agenda. 3. Items removed from the Consent Agenda are considered their normal sequence as THE FIRST ITEM on the REGULAR agenda, unless called out of sequence as provided under Section 1.4 (Suspension of the Rules) above. GF. Action Items. 1. At the time each business item is presented to the Council, the Town staff shall present a report on the subject and the applicant, if any, may also speak. The Mayor or the Town Clerk, or authorized designee, will then call the request forms of those RESIDENTScitizens desiring input and comments. All RESIDENTS and interested parties wishing to speak before the Council shall fully complete request forms and submit the forms to the Town Clerk, or authorized designee, prior to Council discussion of that agenda item. Sufficient request forms shall be located in the Council Chamber's Lobby (the public entry area into the Chamber) and at the Town Clerk's position on the dais. Completed request forms will be retained by the Town Clerk until the draft minutes are approved by the Council at a subsequent meeting. Speakers' names and comments will be included in the meeting minutes. Speakers will be called in the order in which the request forms were received. If a speaker chooses not to speak when called, such speaker will be deemed to have waived his/her opportunity to speak on that matter. REQUEST TO SPEAK FORMS SUBMITTED BY THOSE WHO INDICATE THEY WILL NOT SPEAK WILL BE GROUPED TOGETHER BY THE CATEGORIES OF "FOR" AND "AGAINST" RELATING TO THE ITEM INDICATED ON THE REQUEST FORMS. THE TOWN CLERK WILL ANNOUNCE THE NUMBER OF CARDS RECEIVED, IF ANY, AND THE NUMBER RECEIVED PER CATEGORY. 2. Those speaking before Council will be allowed three contiguous minutes to address Council, but time limits may be waived, upon advice of the Town Attorney, by (a) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a meeting, (b) consensus of the Council at a meeting or (c) the Mayor either prior to or during a meeting. Speakers may not (a) reserve a portion of their time for a later time, or (b) transfer any portion of their time to another speaker. RULES OF PROCEDURE rev. 3-24-25.docx 3. SPEAKERS Residents may also use the online Request TO COMMENT form to provide input regarding an item on the agenda. The online form is found on the Town’s website. The resident SPEAKERmust completely fill out the online form and submit it no later than 123:00 p.m. on the day BEFORE of the Council meeting for this item. The Town Clerk will PROVIDE ELECTRONIC place copies at each TO Councilmembers station on the dais, and when the item is up for discussion after all of the in- person comments have concluded, will read the speaker’s name and whether or not they are “for” or “against” the item for the public record. Written comments provided through the online form, will not be read out loud at the meeting. 4. The purpose of all public comments is to provide information and the speaker's views for Council consideration. It is not appropriate for the speakers to question directly, or debate the matter under consideration with staff, other speakers, the audience or Councilmembers; all remarks will be addressed to the Presiding Officer and not to individual Councilmembers. All comments shall be addressed through the Presiding Officer who shall decide if any response is warranted and who, if anyone, shall address the concern. Councilmembers may request, upon recognition by the Presiding Officer, clarification of comments or materials presented by the speakers, any applicant's representatives or Town staff; provided, however, that no Councilmember shall engage in debate directly with such speakers, representatives or Town staff. 5. Proper decorum, in accordance with Section 6.4 below, must be observed by Councilmembers, by speakers in providing testimony and remarks and by the audience. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Councilmembers, Town staff or members of the public are not allowed. 6. Generally, agenda items requiring public hearings, other than those of a quasi-judicial nature, shall be conducted in the following order: a. The Presiding Officer will announce the matter that is set forth for a public hearing, will then open the public hearing, and, if appropriate, ask the staff to provide a report of the matter. b. The Presiding Officer will then ask the applicant, if any to speak regarding the matter. RULES OF PROCEDURE rev. 3-24-25.docx c.THE MAYOR (OR PRESIDING OFFICER) WILL REQUEST THE Town Clerk TO CALL ON THOSE WHO HAVE SUBMITTED COMMENT CARDS one at a time. dc. After all public comments are heard, the Presiding Officer will close the public hearing, and may ask staff or the applicant to respond to the comments. e.d. The Presiding Officer may then call for a motion and second, if applicable, and ask if Council wishes to Pdiscuss the issue. Council may then proceed to discuss the matter. f.e. Upon the conclusion of Council comment, the Presiding Officer will call for action on the item. g.f. Exhibits, letters, petitions, and other documentary items presented or shown to the Council on during a public hearing item become part of the record of the public hearing and shall be maintained by the Town Clerk. hg. SHOULD EXHIBITS OR MATERIALS BE PRESENTED AT THE MEETING, Tten collated sets of written or graphic materials should be provided by the speaker to the Town Clerk prior to the commencement of the hearing to allow for distribution to the Council, key Town staff and the Town Clerk for inclusion in the public record. Reduced copies (8” x 11") of large graphic exhibits should be provided as part of the sets of materials for distribution as provided above. The appropriate staff member shall be responsible to notify applicants of this requirement. 7. Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the agenda item, limit repetitive testimony, and limit the amount of time per speaker. Upon approval of (a) the Presiding Officer or (b) a majority of the Council, persons may be allowed to speak longer than three minutes. Councilmembers may ask the individual speaker questions through the Presiding Officer. 8. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the Town Attorney shall advise the Council in this regard. G. Council Discussion/Direction to the Town Manager. The Council may (1) request the Town Manager to follow-up on matters presented at that meeting; RULES OF PROCEDURE rev. 3-24-25.docx and/or (2) a consensus of the Council may request the Town Manager to research a matter and report back to the Council. H. Adjournment. The open, public meeting of the Council may be adjourned by consensus of the Council. 5.3 SPECIAL MEETINGS A. As Substitute for Regular Meeting. If a special meeting is being held as an extension of or in place of a regular meeting, the agenda shall be as set forth for a regular meeting. B. Generally. For all other special meetings, the agenda shall be prepared in the following order: AGENDA Call to Order Roll Call Consent Agenda (if needed -explanatory paragraph same as regular meeting) Action Items (grouped by subject to the extent possible) Adjournment 5.4 WORK SESSION MEETINGS The primary purpose of work sessions is to provide the Council with the opportunity for in- depth discussion and study of specific subjects. Public comment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an agenda item if invited by the Mayor and Council to do so. The Presiding Officer may limit or end the time for such presentations. The work session agenda shall be prepared in the following order: Call to Order Roll Call Work Session Statement (explanatory statement) All Items Listed Are for Discussion Only. No Action Can or Will Be Taken. The primary purpose of work sessions is to provide the Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an RULES OF PROCEDURE rev. 3-24-25.docx agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. Agenda Items for Discussion (Items Numbered for Order) Adjournment SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING 6.1 CALL TO ORDER A meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in his/her absence, by the Vice-Mayor). In the absence of both the Mayor and Vice-Mayor, the meeting shall be called to order by the Town Clerk, who shall immediately call for the selection of a temporary Presiding Officer. 6.2 PARTICIPATION OF PRESIDING OFFICER The Presiding Officer) may debate from the Cchair, subject only to such limitations of debate as are imposed on all Councilmembers, and he/she shall not be deprived of any of the rights and privileges of a Councilmember by reason of his/her acting as Presiding Officer. However, the Presiding Officer) is primarily responsible for the conduct of the meeting. 6.3 QUESTION TO BE STATED The Presiding Officer shall verbally restate or shall ask the Town Clerk Councilmemberto verbally restate, each question immediately prior to calling for discussion and the vote. Following the vote, the Presiding Officer shall ask the Town Clerk or authorized designee to verbally announce the results of voting, including the ayes, nays and abstentions. The Presiding Officer shall publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Formal votes shall not be taken at work sessions or executive sessions. 6.4 RULES/DECORUM/ORDER A. Points of Order. The Presiding Officer shall determine all points of order after consultation with the Parliamentarian, subject to the right of any member to appeal such determination to the whole Council. If any appeal is taken, the question (motion) shall be substantially similar to the following: "Shall the decision of the Presiding Officer be sustained?" In which event, following a second, a majority vote shall govern, and conclusively determine such question of order. B. Order and Decorum RULES OF PROCEDURE rev. 3-24-25.docx 1. Councilmembers: Any Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, may speak. 2. Employees: Members of the administrative staff and employees of the Town shall observe the same rules of procedure and decorum applied to Councilmembers. The Town Manager shall ensure that all Town employees observe such decorum and will direct the participation of any staff member in the discussion of the Council. The Town Manager shall first be recognized by the Presiding Officer prior to addressing the Council. Any staff member desiring to speak shall first be recognized by the Town Manager. 3. Public: Members of the public attending the meetings shall observe the same rules of order and decorum applicable to the Council. Unauthorized remarks or demonstrations from the audience, such as applause, stamping of feet, whistles, boos or yells shall not be permitted by the Presiding Officer, who may direct a law enforcement officer to remove such offender/s from the room. C. Enforcement of Decorum. Proper decorum is to be maintained during all meetings by the Council, staff and guests. It is the responsibility of the Presiding Officer of the meeting to ensure compliance with this Policy. The Presiding Officer shall request that a speaker refrain from improper conduct; if the speaker refuses, the Presiding Officer may end the speaker's time at the podium. If the speaker refuses to yield the podium after being asked to do so by the Presiding Officer, the Presiding Officer may (1) recess the meeting for a brief time (2) end the speaker's time at the podium or (3) direct a law enforcement officer present at the meeting to remove from the meeting the person whose conduct is disorderly or disruptive. 6.5 TELECONFERENCE PROCEDURE Meetings may be conducted by teleconference as follows: A. Prior Notice. When a Councilmember is unable to attend a meeting and desires to participate in the meeting by telephone, the Councilmember shall be permitted to do so provided he/she gives the Town Clerk, or authorized designee, notice of his/her inability to be present at the meeting at least 48 24 hours prior to the meeting. B. Notation on Agenda. The notice of the meeting and the agenda shall include the following: "Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call." C. Public Access. Facilities will be used at the meeting to permit the public to observe and hear all telephone communications. D. Notation in Minutes. The minutes of the meeting shall clearly set forth which members are present in person and which are present by telephone. RULES OF PROCEDURE rev. 3-24-25.docx 6.6 ADDRESSING THE COUNCIL A. Manner of Addressing the Council. 1. Any member of the public desiring to address the Council shall proceed to the podium after having been recognized by the Presiding Officer. There shall be no loud vocalization (shouting or calling out) from the seating area of the Council Chamber. At the podium, the speaker shall clearly state his/her name for the record and shall indicate if he/she is a Town resident. 2. Special assistance for sight and/or hearing-impaired persons can be provided. Anyone requiring such assistance should contact the Town Clerk 48 hours the Thursday prior to before a meeting to request an accommodation to participate in the meeting. B. Limitation Regarding Public Comment and Reports. The making of oral communications to the Council by any member of the public during the "Call to the Public: (Non-agenda Items)" or under an action item, shall be subject to the following limitations: 1. All SPEAKERS wishing to address the Council shall complete and submit a request form as set forth in Subsection 5.2(F) above. 2. The Presiding Officer may limit the number of speakers heard on non- agenda topics at any single meeting to allow the meeting to proceed and end in a timely manner. 3. If it appears that several speakers desire to provide repetitive comments regarding a single topic, the Presiding Officer may limit the number of speakers. C. Motions. 1. Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. 2. Precedence of Motions: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: a. Fix the time to adjourn b. Adjourn c. Recess d. Raise a question of Privilege e. Table f. Limit or extend limits of debate RULES OF PROCEDURE rev. 3-24-25.docx g. Postpone to a certain time and date h. Amend i. Postpone Indefinitely j. Main Motion 3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is used to dismiss an item on the agenda. This motion is debatable, and because it can be applied only to the main question, it can, therefore, only be made while the main question is immediately pending (a motion and second is on the floor). This motion is commonly used to postpone an item until a more appropriate time. 4. Motion to Table: A motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen, in such a way that there is no set time for taking the matter up again. A motion to table shall be used to temporarily by-pass the subject. A motion to table shall not be debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 5. Motion to Limit or Terminate Discussion: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion. This is referred to as "Call for the Question" and is the motion used to cut off debate and to bring the group to an immediate vote on the pending motion; it requires a two-thirds vote. The vote shall be taken by voice. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6. Motion to Amend: a. A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment on the floor shall not be in order. b. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. c. Amendments shall be voted on first, prior to consideration of subsequent amendments. After all amendments have been voted on, the Council shall vote on the main motion (as amended, if applicable). 7. Motion to Continue: Motions to continue shall be debatable only as to the propriety of postponement. Motions to continue to a definite time shall RULES OF PROCEDURE rev. 3-24-25.docx be amendable and debatable as to propriety of postponement and time set only. D. Addressing the Council after Motion is made. After the motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission from the Presiding Officer. E. Voting Procedure. After discussion has been concluded and the Mayor, the Councilmember who made the motion or the Town Clerk has restated the motion under consideration, the following procedure shall apply: 1. Casting a Vote: a. In acting upon every motion, the vote shall be taken by casting a mechanical yes/no vote, voice, roll call or any other method as determined by the Presiding Officer, by which the vote of each member of the Public Body can be clearly ascertained and recorded in the meeting minutes. Upon the request of the Mayor or a Councilmember, the vote shall be taken by roll call. b. The vote on each motion shall be entered into the record by names of the Councilmembers voting for or against. The Record also shall include the names of any member not casting a vote by reason of being absent from the room at the time of the vote. c. If a Councilmember has declared a Conflict of Interest, the Town Clerk shall include a statement such as "Abstained due to declared Conflict of Interest" in the official minutes as part of the results of the vote. THE COUNCILMEMBER SHALL FILL OUT A “CONFLICT OF INTEREST” FORM AND SUBMIT IT TO THE TOWN CLERK FOR THE RECORD PRIOR TO THE END OF THE MEETING AT WHICH THE CONFLICT WAS DECLARED. d. If the roll call method of voting is used, the Town Clerk or designee shall call the names of all members in random order with each new vote concluding the vote with the Vice Mayor and Mayor respectively. Members shall respond "Aye" or "Nay." 2. Failure to Vote: a. All Councilmembers in attendance at a duly called meeting that requires formal Council action are required to vote. A member may abstain from voting only if he/she has a conflict of interest under State law, in which case such member shall take RULES OF PROCEDURE rev. 3-24-25.docx no part in the deliberations on the matter in question. COUNCILMEMBERS SHOULD CONTACT THE TOWN ATTORNEY TO VERIFY IF THEY HAVE A CONFLICT OF INTEREST. b. Should a Councilmember fail to vote AYE OR NAY or offer a voluntary abstention, his/her vote shall be counted with the majority of votes cast, unless the Councilmember's vote is excused by the State law; however, in the event of a tie vote, his/her vote shall be counted as "Aye." 3. Reconsideration: Any Councilmember who voted with the majority may move a reconsideration of any action at the same or next regular meeting. To ensure that the open meeting law requirements are met, a written request from such Councilmember must be submitted to the Town Clerk’s Office at least nine EIGHT days prior to the next regular meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without the unanimous consent of the Council. 4. The affirmative vote of a majority of a quorum shall be required for passage of any matter before the Council. SECTION 7. CONFLICT OF INTEREST 7.1 INTRODUCTION Occasionally, a Councilmember may find himself/herself in a situation that requires a Councilmember remove himself/herself from participation in discussion and voting on a matter before the Council. This situation exists when the Councilmember has a "conflict of interest" as defined by the Arizona Conflict of Interest Law. This law establishes minimum standards for the conduct of public officers and employees who, in their official capacity, are, or may become involved with, a decision, which might unduly affect their personal interests or those of their close relatives. 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS The purpose of Arizona's Conflict of Interest Law is to prevent self-dealing by public officials and to remove or limit any improper influence, direct or indirect, which might bear on an official's decision, as well as to discourage deliberate dishonesty. 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW The Arizona Conflict of Interest Law as now set forth or as amended in the future, applies to all actions taken by Councilmembers, Board members, Commissioners, and Committee members. RULES OF PROCEDURE rev. 3-24-25.docx 7.4 DISCLOSURE OF INTEREST Any Councilmember, Board member, Commissioner, or Committee member who may have a conflict of interest should seek the opinion of the Town Attorney as to whether a conflict exists under the State law. Any member who has a conflict of interest in any decision must disclose that interest at the meeting and in writing on a form provided by the Town Clerk. The disclosure of the conflict shall include a statement that the member withdraws from further participation regarding the matter. The Town Clerk or designee shall maintain for public inspection all documents necessary to memorialize all disclosures of a conflict of interest by a member. 7.5 WITHDRAWAL FROM PARTICIPATION Having disclosed the conflict of interest and withdrawn in the matter, the Councilmember, Board member, Commissioner, or Committee member must not communicate about the matter with anyone involved in the decision making process in any manner. Further, the member should not otherwise attempt to influence the decision and should remove himself/herself from the Council Chamber, or other location where a meeting is being held, while the matter is considered. Failure to disclose any conflict of interest is addressed in Section 7.8. RULES OF PROCEDURE rev. 3-24-25.docx 7.6 RULE OF IMPOSSIBILITY In the unlikely situation that the majority of Councilmembers, Board members, Commissioners, or Committee members have a conflict of interest and the Council, Board, Commission or Committee is unable to act in its official capacity, members may participate in the discussion and decision after making known their conflicts of interest in the official records. 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN Public officers and employees are prohibited from using or attempting to use their official positions to secure valuable things or benefits for themselves, unless such benefits are (A) part of the compensation they would normally be entitled to for performing their duties or (B) otherwise permitted according to State Law. 7.8 SANCTIONS FOR VIOLATIONS Violations of the conflict of interest provisions set forth herein shall be punished as provided for in State law. 7.9 NON-STATUTORY CONFLICTS OF INTEREST Occasionally, a Councilmember, Board member, Commissioner, or Committee member may feel that he/she should ethically refrain from participation in a decision even though the circumstances may not amount to a conflict of interest under the State law described above. It is the policy of the Council to encourage members to adhere to strongly held ethical values, which are exercised in good faith. However, subsection 6.6(E) (2) above encourages participation in the decision-making process unless the matter involves a statutory conflict of interest set forth by State law. SECTION 8. CODE OF ETHICS PREAMBLE: The citizenRESIDENTs of Fountain Hills are entitled to have a fair, ethical, and accountable government, which has earned the public’s full confidence. In keeping with the Town of Fountain Hills’ commitment to the effective functioning of government, public officials, both elected and appointed, shall comply with both the letter and spirit of the laws and policies affecting the operations of government; be independent, impartial and fair in their judgment and actions and use their office for the public good and not for personal gain. The purpose of this policy for the Town is to ensure the quality of the Town Government through ethical principles that shall govern the conduct of the Council and members of the Town's Boards, Commissions, and Committees. RULES OF PROCEDURE rev. 3-24-25.docx In furtherance of this purpose, we TOWN COUNCIL, BOARD, COMMISSION AND COMMITTEE MEMBERS, SHALL: 8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA AND THE LAWS OF THE TOWN OF FOUNTAIN HILLS. WORK TO ENACT AND ENFORCE LAWS THAT PROMOTE THE WELL-BEING OF OUR COMMUNITY. 8.2 BE DEDICATED TO THE CONCEPTS OF EFFECTIVE AND DEMOCRATIC LOCAL GOVERNMENT THROUGH DEMOCRATIC LEADERSHIP. We shall honor and respect the principles and spirit of representative democracy and shall set a positive example of good citizenship by scrupulously observing the letter and spirit of laws, rules, and regulations. We shall base our decisions on the merits and substance of the matter at hand. We shall publicly share substantive information that is relevant to a matter under consideration by the Council or Boards and Commissions, which we may have received from sources outside of the public decision-making process, with the exception of confidential or privileged information which should remain as such. 8.32 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT. 8.43 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND INTEGRITY IN ALL PUBLIC AND PERSONAL RELATIONSHIPS. A. Public Confidence. We shall conduct ourselves so as to maintain public confidence in Town government and in the performance of the public trust. We recognize our responsibility, when serving in our official capacity, and will practice the following: • Engage in constructive conversations and debates that encourage the exchange of ideas while avoiding personal attacks or derogatory language. • Refrain from making verbal attacks upon the character or motives of other members of the Council, Boards, Commissions, the staff, or the public. • Refrain from making disparaging remarks about the other members of the Council, Boards, Commissions, the staff, or the public. B. Impression of Influence. We shall conduct our official and personal affairs in such a manner as to give a clear impression that we cannot be improperly influenced in the performance of our official duties. C. Advocacy. We shall represent the official policies or positions of the Town Council, Board, or Commission to the best of our ability when designated as RULES OF PROCEDURE rev. 3-24-25.docx delegates for this purpose. When presenting our own individual opinions and positions to the public, the media, or other stakeholders. We shall state they do not represent the Council or the town of Fountain Hills nor imply that they do. 8.5 RECOGNIZE THAT THE CHIEF FUNCTION OF LOCAL GOVERNMENT IS AT ALL TIMES TO SERVE THE BEST INTERESTS OF ALL THE PEOPLE. We shall treat our office as a public trust, only using the power and resources of public office to advance public interests and not to attain personal benefit or pursue any other private interest incompatible with the public good. Our decisions and actions will be guided by the best interests of the community we serve. We have a public forum to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. We will use this public forum in the most effective and beneficial manner. 8.6 KEEP THE COMMUNITY INFORMED ON MUNICIPAL AFFAIRS; ENCOURAGE COMMUNICATION BETWEEN THE CITIZENS AND ALL MUNICIPAL OFFICERS; EMPHASIZE FRIENDLY AND COURTEOUS SERVICE TO THE PUBLIC; AND SEEK TO IMPROVE THE QUALITY AND IMAGE OF PUBLIC SERVICE. A. Accountability. We shall ensure that government is conducted openly, efficiently, equitably, honorably, and in a manner that permits the citizens to become fully informed to allow them to hold Town officials accountable. B. Respectability. We shall safeguard public confidence in the integrity of Town government by being honest, fair, caring, and respectful, and by avoiding conduct creating the unexplainable appearance of impropriety, or impropriety of which is otherwise unbefitting a public official. 8.74 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY MISUSE OF PUBLIC TIME IS DISHONEST. A. Private Employment. We shall take any steps necessary to ensure that we comply with the State law regarding conflicts of interest when we engage in, solicit, negotiate for, or promise to accept private employment or render services for private interests or conduct a private business. B. Confidential Information. We shall not disclose to others, or use to further our personal interest, confidential information acquired in the course of our official duties. RULES OF PROCEDURE rev. 3-24-25.docx C. Gifts. We shall not directly or indirectly, in connection with service to the Town, solicit any gift or accept or receive any gift - of any value - whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form of gratuity. This policy shall not apply to hospitality, transportation or other assistance provided to Town officials when such hospitality, transportation or other assistance is (i) directly related to their participation in community events as a representative of the Town or (ii) of inconsequential value and accepted as a courtesy. D. Investment in conflict with official duties. We shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with our official duties. E. Personal relationships. Personal relationships shall be disclosed in any instance where there could be the appearance of conflict of interest or a conflict of interest. 8.8 CONDUCT BUSINESS OF THE TOWN IN A MANNER, WHICH IS NOT ONLY FAIR IN FACT, BUT ALSO FAIR IN APPEARANCE. 8.9 PROMOTE UNDERSTANDING, MUTUAL RESPECT AND TRUST AMONG MEMBERS OF COUNCIL, BOARDS, COMMISSIONS AND COMMITTEES CONCERNING THEIR ROLES AND RESPONSIBILITIES WITH RESPECT TO TOWN STAFF'S RESPONSIBILITY FOR IMPLEMENTING THE COUNCIL'S POLICIES. 8.10 COMPLIANCE AND ENFORCEMENT Any person(s) who believes a council member, Board, or Commissioner has violated the Code of Ethics outlined in Section 8 of The Rules of Procedure may file a complaint. To file a complaint, a person(s) must request the complaint form from the Town Clerk and file the a complaint via email or in person to the Town Manager and Town Attorney within 30 90 days of the alleged occurrence or discovery of the alleged occurrence. See Section 10 of the Rules of Procedure. All members of the Council, boards, commissions, or committees shall acknowledge in writing, on a form provided by the Town Clerk, receipt of these provisions relating to ethics. SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES The Fountain Hills' Council may create such boards, commissions, and committees as deemed necessary to assist in the conduct of the operation of Town government. The Council may authorize and direct the Town Manager to establish ad hoc committees as needed in order to provide additional flexibility with regard to conducting Town business. RULES OF PROCEDURE rev. 3-24-25.docx 9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND COMMITTEES A. Classification. All boards, commissions, and committees of the Town shall be classified as regularly scheduled or unscheduled boards, commissions, and committees. Regularly scheduled boards, commissions, and committees are those that meet on a regularly- scheduled basis or may be quasi-judicial in nature. Unscheduled boards, commissions, and committees meet on an as- called basis. B. Regularly Scheduled. Regularly scheduled boards, commissions, and committees include: 1. Planning and Zoning Commission 2. Community Services Advisory Commission 3. McDowell Mountain Preservation Commission 4. 3. Strategic Planning Advisory Commission 5. Sister Cities Advisory Commission 6 4. Municipal Property Corporation 7.5. Historic and Cultural Advisory Commission C. Unscheduled. Unscheduled boards, commissions, and committees: 1. Ad Hoc Committees 2. Board of Adjustment D. Sunset. Except for the Planning and Zoning Commission and Board of Adjustment, any board, commission, or committee created shall cease to exist (1) upon the accomplishment of the special purpose for which it was created, or (2) when abolished by a majority vote of the Council. 9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS A. Call for Applications. The call for applications to fill vacant seats for boards, commissions and committees may include a request for: 1. The application that describes the applicant’s skills, experience, and educational background needed to ensure the successful filling of the RULES OF PROCEDURE rev. 3-24-25.docx vacancy. Applicants may submit a resume along with the application; however, not in lieu of filling out the application. 2. Responses to the supplemental questionnaire specific to a board, commission, or committee application, if such questionnaire is included. 3. The consent to executive session form. 4. If a member whose term will be expiring wishes to reapply for an additional term on the same board, commission or committee, such member is exempt from filing those items listed in Subsections 9.2 (A)(1-4-2). However, such member shall submit in writing, on a form provided by the Town Clerk OR DESIGNEE that includes a request for the Council's consideration of reappointment in addition to the consent to executive session as listed in Subsection 9.2(A)(53). The member may include any new or additional information that is relevant to the original application already on file. B. Advertising/Timing and Location. The Town Clerk OR DESIGNEE shall be responsible for advertising to fill vacant seats to boards, commissions, and committees for at least two weeks and no later than two months, prior to the expiration of the current board, commission, or committee member(s) term, via: 1. The Town's government access channel. 2. Newspaper advertising. 3. The Town website. 4 1. The Town's three official posting sites as listed in Section 2-4-3 of the Fountain Hills Town Code. The downloadable application will be placed on the Town's website for public access with hard copies made available to the public. C. Advertisement Contents. Advertisement of vacancies shall include the following: 1. The name of the board, commission, or committee. 2. The number of vacancies to be filled. 3. A brief description of the board, commission, or committee. 4. A brief description of the qualifications, skills and experience background applicants should possess, if any. 5. An overview of when the board, commission, or committee meets. 6. The deadline for submitting applications. RULES OF PROCEDURE rev. 3-24-25.docx 7. Listing of applicant information required and location where application packets may be obtained. 8. Staff liaison contact information. 9. The dates of publication in the local paper. D. Staff Review. Individuals applying for boards, commissions, or committees must submit to the Town Clerk OR DESIGNEE those items as listed in Subsection 9.2(A) above by the published deadline. The Town Clerk and Staff Liaison will review the application(s) to ensure that the applicant(s) meet the qualifications as listed in Subsection 9.4(A) below. E. Council Materials. The staff liaison to the board, commission, or committee will assemble and copy all application packets and provide all supporting materials to all Councilmembers. F. Subcommittee Review/Interview. The Council subcommittee shall interview all applicants, unless there are more than five applicants for each vacancy, in which case the subcommittee may choose, at its discretion, to limit the number of interviewed applicants to five per vacancy after meeting to review all of the applications. The staff liaison will schedule an appropriate time to interview qualified applicants in person or via telephone, and shall prepare and post the agenda for an executive session in accordance with the Arizona open meeting law for said interviews. Interviews shall be conducted in Executive Session unless the applicant requests the interview be held at a public meeting. G. Subcommittee Recommendation. After the interviews have concluded, the staff liaison, Town Clerk or the Council Subcommittee cChair shall advise the Mayor of the subcommittee's discussion and appointment recommendation(s). H. Council Consideration. The Town Clerk OR DESIGNEE shall prepare the Staff Report according to the submission deadline for the next appropriate Council meeting agenda, including the following information: (1) a review of the steps taken to recruit applicants, (2) the number of vacancies to be filled along with the names of those members whose terms expire, (3) the number of applications received and (4) the specific term to be filled. I. Notification of Council Meeting. The staff liaison shall notify the appointee(s) that he/she is a possible candidate for appointment to a board, commission, or committee and suggest that he/she may want to be present at the scheduled meeting when the recommendation is presented to the Council. J. Notification of Council Action. Following the Council's approval of the Mayor's appointment(s) to a board, commission, or committee, the Town Clerk OR RULES OF PROCEDURE rev. 3-24-25.docx shall notify appointees as to their appointment and provide them with an Oath of Office, Ethics Policy and Open Meeting Law Affirmation for their signature and return. Those applicants not chosen to fill a vacancy on a board, commission, or committee, will be provided written notification by the Town Clerk OR DESIGNEE outlining the Council's appointments and they will be provided with an application of interest for consideration of applying for any other board, commission and committee vacancies. K. Appointee Orientation. The staff liaison will provide specific details to the new appointees relative to: (1) their attendance at the "official" board, commission, or committee orientation, and (2) all official literature, agendas, minutes, or other materials specific to their appointment. 9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES A. Appointments Subcommittee. The Mayor may annually appoint Council Subcommittees for board, commission and committee appointments. Each subcommittee shall be made up of three Councilmembers. The Mayor may appoint himself/herself to this subcommittee. If no such subcommittee is appointed, at a minimum, a quorum of the Fountain Hills Town Council shall review applications and conduct interviews for the various boards, commissions, and committees to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4 below. B. Subcommittee Purpose. The purpose of this Council Subcommittee is to review applications, interview applicants (typically in Executive Session) and provide a recommendation to the Mayor for possible appointment to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4 below. C. Appointment Timing. The process of application review and interviews will be conducted in such a manner as to allow for the appointments to coincide with the term expiration of the current board, commission or committee member(s) term or as soon thereafter as reasonably possible. 9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS A. Minimum Qualifications. All members of boards, commissions, and committees shall meet the following minimum qualifications upon their appointment to any board, commission, or committee. Each member must be: 1. Eighteen years of age or older, for any board, commission, or committee seats, designated by Council; except for members appointed to Youth Commissioner position for youth representation. RULES OF PROCEDURE rev. 3-24-25.docx 2. A Fountain Hills resident for at least one year, unless the Council specifically waives this time or residency requirement for a specific board, commission or committee. 3. A qualified elector, except for youth appointees. B. Prohibited Appointees. Town employees or appointed officers shall not be eligible for appointment to any board, commission, or committee but may be requested to provide staff support thereto. Councilmembers are prohibited from serving on regularly scheduled commissions as listed in Subsection 9.1(B) above and the Board of Adjustment. C. Ex-Officio Members. The Mayor, with the consent of the Council, may from time to time appoint ex-officio members to those boards, commissions or committees as set forth in the bylaws of such body. Such members shall serve at the pleasure of the Mayor and Council. Ex-officio members shall not be entitled to vote on any matter brought before the commission. 9.5 TERMS, VACANCIES, REMOVAL A. Terms. All members of unscheduled boards, commissions, and committees shall serve a term of up to three years, or until the board, commission, or committee is dissolved, unless Council action, Town Code, or Arizona Revised Statutes specifically designates terms. B. Staggered Terms for Smaller Boards. For those regularly scheduled boards, commissions, and committees having five members or fewer, the terms of office shall be staggered so that no more than two terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any boards, commission, or committee that will be in existence for a single term. C. Staggered Terms for Larger Boards. For those boards, commissions, and committees having more than five members but less than eight members, the terms of office shall be staggered so that no more than three terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any board, commission, or committee that will be in existence for a single term. D. Simultaneous Service Limitation. No individual may serve as a voting member on more than one regularly scheduled or unscheduled board, commission, and committee at one time. E. Vacancies. A vacancy on a board, commission, or committee shall be deemed to have occurred upon the following: RULES OF PROCEDURE rev. 3-24-25.docx 1. Death or resignation of a member of a board, commission, or committee. 2. A member ceasing to be a resident of the Town of Fountain Hills, unless the Council has provided that such member may be a non-resident. 3. Three successive unexcused or unexplained absences by a member from any regular or special board, commission, or committee meetings. However, the term of all members shall extend until their successors are appointed and qualified. F. Removal. Any board, commission, or committee member may be removed as a member to that board, commission, or in accordance with Article 2A-1-1 of the Fountain Hills Town Code. G. Filling Vacancy. Whenever a vacancy has occurred on one board, commission, or committee procedures described in Sections 9.2, 9.3, and 9.4 above will be used to generate applicants, interview applicants, and make a recommendation for a potential appointee. One exception to this rule is that if a vacancy should occur within twelve months of a subcommittee’s interviewing process for said board/commission/committee, and the subcommittee had submitted a ranking of those previously interviewed, a recommendation may be forwarded to the mayor for appointment of the unexpired term based on said ranking. H. Re-appointment. An incumbent member of a board, commission, or committee seeking reappointment shall submit, in writing on a form provided by the Town Clerk OR DESIGNEE that includes a request for the Council's consideration of reappointment in addition to the consent to executive session form by the published deadline in order to be considered for appointment by the Council. The member may include anyone or additional information that is relevant to the original application already on file. 9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW All boards, commissions, and committees are subject to the Arizona Open Meeting Law and therefore shall attend the Town's Annual Open Meeting Law training. 9.7 RESIDENCY REQUIREMENT Members of all boards, commissions or committees shall be residents of the Town. SECTION 10 – CODE OF ETHICS - COMPLAINT PROCEDURE MEMBERS OF THE PUBLIC RULES OF PROCEDURE rev. 3-24-25.docx Any person who believes a Council Member, Board, or Commissioner has violated the Code of Ethics outlined in Section 8 of the Rules of Procedure may file a complaint. To file a complaint, a person(s) must request the complaint form from the Town Clerk and file the complaint within 90 days of the alleged occurrence or discovery of the alleged occurrence. 10.1 THE COMPLAINT FORM SHALL CONTAIN THE FOLLOWING INFORMATION: • The complainant’s name, address, email, and telephone number. • The name of the person who is the subject of the complaint. • The nature of the alleged violation, identifying the specific provision of the ethics they allegedly violated. • Statement of facts, including dates and any witnesses with contact information to the alleged violation. 10.2 INITIAL SCREENING PROCESS Complaints must be filed with the Town Clerk. The Town Clerk will review each complaint for completeness and administer a date stamp. Reasons a complaint may be returned: • Incomplete • Untimely If the form is complete, the Town Clerk will forward the complaint to the Town Attorney for initial screening. The Town Attorney will determine if the alleged violation does fall under the Code of Ethics. If the Town Attorney determines that the complaint on its face may violate the Code of Ethics, it will be forwarded to outside counsel for review and the appropriate council member(s) will be notified. To avoid the appearance of impropriety, councilmembers directly involved in an ethics complaint may not communicate with Town Staff or the Town Attorney regarding the complaint until the initial screening is complete and the complaint has been either forwarded to outside counsel or dismissed as a false or frivolous. 10.4 OUTSIDE COUNSEL REVIEW Each complaint received by outside counsel will be reviewed based on the merits of the complaint. outside counsel has the authority to conduct an investigation or make a determination based on the information provided. If counsel determines that interviews are needed, the complainant and respondent will be interviewed, and in the discretion of counsel, all witnesses listed. Councilmembers will cooperate with counsel to the fullest extent. RULES OF PROCEDURE rev. 3-24-25.docx Once the review/investigation is concluded, outside counsel will provide the Town Attorney with a determination whether the complaint is sustained or not sustained. If the complaint is sustained, the Town Attorney will schedule an Executive Session for review and enforcement by the Town Council. If the complaint is not sustained, the Town Attorney will notify the Town Clerk, who will notify all parties involved in the complaint of the outcome. All determinations by outside counsel are final and no appeals will be accepted. In the case of an ethics complaint being filed and forwarded to outside counsel for review, outside counsel shall make a determination whether the complaint has merit or is without merit and deemed frivolous. If deemed without merit or frivolous, the petitioner shall agree to pay the legal expenses associated with the claim. The Town Attorney shall obtain an itemized receipt of costs by outside counsel as well as provide the cost of his own labor on the false or frivolous complaint. This total is then combined onto an invoice, and forwarded to the complainant with the results provided by outside counsel. False or frivolous complaints. A person who knowingly makes a false, misleading, or unsubstantiated statement in a complaint is subject to criminal prosecution for perjury and potential civil liability for, among other possible causes of action, defamation. If after reviewing an ethics complaint it is determined that a sworn complaint is groundless and appears to have been filed in bad faith or for the purpose of harassment, or that intentionally false or malicious information has been provided under penalty of perjury, then the Town Attorney may refer the matter to the appropriate law enforcement authority for possible prosecution. A town official who seeks to take civil action regarding any such complaint shall do so at his or her expense. 10.5 ENFORCEMENT All sustained complaints will be brought forth to the Town Council for appropriate action. The Council may impose sanctions on members whose conduct does not comply with the Code of Ethics based on the circumstances of the infraction, those sanctions are as follows: • The Council, by a majority vote, can direct a statement to be retracted. • The Council, by a majority vote, can direct an apology to be offered. • The Council, by a majority vote, can choose to take no action. • The Council, by a majority vote, can censure a member who fails to uphold the standards outlined in the Code of Ethics.Rules of Procedure. • The Council, by a majority vote, can suspend the offending council member from a future the next council meeting OR • Impose any other sanction in accordance with state law. ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/15/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Review and remove the sanctions previously imposed on Councilmember Allen Skillicorn. Staff Summary (Background) In late 2023 and early 2024, various complaints were filed against Councilmember Allen Skillicorn for alleged violations of Section 8, Code of Ethics, of the Council Rules of Procedure. Pursuant to Council Rule of Procedure 10.2, the Town retained Tina L. Vannucci of Fitzgibbons Law Offices, PLC, to independently investigate these complaints and provide a written report of findings and conclusions. The investigator provided her reports to the Town on February 20, 2024. The reports sustained the complaints in part. At the March 19, 2024 Council meeting, the Council reviewed the complaints and imposed various sanctions against Councilmember Skillicorn. A copy of the staff report from the March 19, 2204 meeting is attached. A video recording of the proceedings is available online at https://www.youtube.com/watch?v=bTqhXPZkx2g. Councilmember Earle, supported by Vice Mayor Toth and Councilmember Watts, requested that this item appear on a future agenda. The Council brought this item up again at the March 25, 2025 work session. Related Ordinance, Policy or Guiding Principle A.R.S. § 9-234(A) confers authority on the Council to “judge the elections, qualifications and returns of its members” and to “prescribe rules for the government of its proceedings.” A.R.S. § 9-240(B)(29) confers authority on the Council “[t]o adopt ordinances for the government of the corporation, its officers and persons within its corporate limits needful for the good government and order of the municipalities, and to provide the manner of prosecution and define the punishment for the violation of such ordinance.” Town Code § 2-4-1 provides that: “The Council shall adopt such procedural rules as it deems appropriate.” Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) The decision to impose, modify, or remove sanctions for a sustained violation of the Code of Ethics rests entirely with the Town Council. Therefore, staff offers no recommendation. Staff notes that the previous agenda item, regarding potential amendments to the Council Rules of Procedure, includes possibly eliminating Section 10 of the Rules. As previously discussed, if the Council eliminates Section 10, the sanctions previously imposed on Councilmember Skillicorn under that Section will be eliminated de facto, and this agenda item will be moot. In that event, the Council may take formal action to eliminate the sanctions previously imposed, but the Council need not do so. If Section 10 is not eliminated, the Council must take formal action on this agenda item SUGGESTED MOTION MOVE to [remove/modify/retain] the sanctions previously imposed on Councilmember Allen Skillicorn. Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 03/31/2025 09:58 AM Town Manager Angela Padgett-Espiritu 04/03/2025 08:42 AM Form Started By: Angela Padgett-Espiritu Started On: 02/24/2025 04:48 PM Final Approval Date: 04/03/2025 ITEM 9. E. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 04/15/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Regarding retaining the law firm of Pierce Coleman and Aaron Arnson as the Town Attorney. Staff Summary (Background) 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) Retaining the law firm of Pierce Coleman and Aaron Arnson as the Town Attorney SUGGESTED MOTION MOVE to retain the law firm of Pierce Coleman and Aaron Arnson as the Town Attorney. Form Review Form Started By: Angela Padgett-Espiritu Started On: 04/03/2025 04:20 PM Final Approval Date: 04/03/2025