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HomeMy WebLinkAbout130919PREVISED: 9/17/13 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 PM – EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room – 2nd floor) 6:30 PM – REGULAR SESSION WHEN: THURSDAY, SEPTEMBER 19, 2013 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 o r by telephone conference call; a quorum of the Town’s various Commissions or Boards may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and , as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates Date reposted: 9/17/13 Time posted: 5:00 PM Z:\Council Packets\2013\R130919\130919A.docx Last printed 9/17/2013 9:17 AM Page 2 of 3 EXECUTIVE SESSION AGENDA  CALL TO ORDER – Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. 38-431.03A.1: Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salar y discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting (Specifically, the Presiding Judge position). 2. ADJOURNMENT REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Stewart Larsen, the 2nd Counselor in the Bishopric, The Church of Jesus Christ of Latter Day Saints  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i.) The Mayor may review RECENT EVENTS attended relating to ECONOMIC DEVELOPMENT. ii.) The Mayor will read a PROCLAMATION declaring September 22 – 28 National Employer Support of the Guard and Reserve week.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) TRANSIT PLANNING STUDY UPDATE by Deron Lozano and Janet Strauss from the VALLEY METRO REGIONAL PUBLIC TRANSPORTATION AUTHORITY. i) MY REPUBLIC REWARDS COMMUNITY GRANT COMMITTEE representative Chris Coyle will provide an update on the Committee’s RECENT ACTIVITIES. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), 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. Date reposted: 9/17/13 Time posted: 5:00 PM Z:\Council Packets\2013\R130919\130919A.docx Last printed 9/17/2013 9:17 AM Page 3 of 3 CONSENT AGENDA ITEMS 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from September 5, 2013. 2. CONSIDERATION of approving the PERMANENT EXTENSION OF PREMISE LIQUOR LICENSE APPLICATION submitted by David Drentlaw, on behalf of AMVETS Post 7, 17030 E. Enterprise Drive, Fountain Hills, AZ. 3. CONSIDERATION of approving RESOLUTION 2013-46, abandoning whatever right, title or interest the Town has in certain public utility and drainage easements located at the northerly and easterly property line of Plat 505C, Bock 1, Lot 48 (16819 N. Stoneridge Court) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona. EA2003-21 (Sanderford) 4. CONSIDERATION for approving RESOLUTION 2013-47, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southerly and westerly property lines of Plat 505B, Block 2, Lot 16 (15917 E. Richwood Avenue) as Recorded in Book 158 of Maps, Page 43, Records of Maricopa County, Arizona. EA2013-09 (Aliory) 5. CONSIDERATION of approving RESOLUTION 2013- 48, amending and adopting the Town of Fountain Hills licensing time frames compliance policy/process summary. REGULAR AGENDA ITEMS 6. CONSIDERATION of APPOINTING three (3) Planning and Zoning Commissioners for two (2) year terms beginning on October 1, 2013 until September 30, 2015. 7. PRESENTATION of the DOWNTOWN SIDEWALK PLAN as per the 2010 General Plan. 8. CONSIDERATION of approving an INTER-FUND TRANSFER from the General Fund to the Municipal Property Corporation debt service fund in the amount of $209,954.13 for the year ending June 30, 2013 to eliminate deficit. 9. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. 10. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 11. ADJOURNMENT. DATED this 11th day of September, 2013. _____________________________________ 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 this 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. REVISED: 9/17/13 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 PM – EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room – 2nd floor) 6:30 PM – REGULAR SESSION WHEN: THURSDAY, SEPTEMBER 19, 2013 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 Commissions or Boards may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates Date reposted: 9/17/13 Time posted: 5:00 PM Z:\Council Packets\2013\R130919\130919A.docx Last printed 9/17/2013 9:17 AM Page 2 of 3 EXECUTIVE SESSION AGENDA  CALL TO ORDER – Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. 38-431.03A.1: Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting (Specifically, the Presiding Judge position). 2. ADJOURNMENT REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Stewart Larsen, the 2nd Counselor in the Bishopric, The Church of Jesus Christ of Latter Day Saints  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i.) The Mayor may review RECENT EVENTS attended relating to ECONOMIC DEVELOPMENT. ii.) The Mayor will read a PROCLAMATION declaring September 22 – 28 National Employer Support of the Guard and Reserve week.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) TRANSIT PLANNING STUDY UPDATE by Deron Lozano and Janet Strauss from the VALLEY METRO REGIONAL PUBLIC TRANSPORTATION AUTHORITY. i) MY REPUBLIC REWARDS COMMUNITY GRANT COMMITTEE representative Chris Coyle will provide an update on the Committee’s RECENT ACTIVITIES. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), 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. Date reposted: 9/17/13 Time posted: 5:00 PM Z:\Council Packets\2013\R130919\130919A.docx Last printed 9/17/2013 9:17 AM Page 3 of 3 CONSENT AGENDA ITEMS 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from September 5, 2013. 2. CONSIDERATION of approving the PERMANENT EXTENSION OF PREMISE LIQUOR LICENSE APPLICATION submitted by David Drentlaw, on behalf of AMVETS Post 7, 17030 E. Enterprise Drive, Fountain Hills, AZ. 3. CONSIDERATION of approving RESOLUTION 2013-46, abandoning whatever right, title or interest the Town has in certain public utility and drainage easements located at the northerly and easterly property line of Plat 505C, Bock 1, Lot 48 (16819 N. Stoneridge Court) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona. EA2003-21 (Sanderford) 4. CONSIDERATION for approving RESOLUTION 2013-47, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southerly and westerly property lines of Plat 505B, Block 2, Lot 16 (15917 E. Richwood Avenue) as Recorded in Book 158 of Maps, Page 43, Records of Maricopa County, Arizona. EA2013-09 (Aliory) 5. CONSIDERATION of approving RESOLUTION 2013- 48, amending and adopting the Town of Fountain Hills licensing time frames compliance policy/process summary. REGULAR AGENDA ITEMS 6. CONSIDERATION of APPOINTING three (3) Planning and Zoning Commissioners for two (2) year terms beginning on October 1, 2013 until September 30, 2015. 7. PRESENTATION of the DOWNTOWN SIDEWALK PLAN as per the 2010 General Plan. 8. CONSIDERATION of approving an INTER-FUND TRANSFER from the General Fund to the Municipal Property Corporation debt service fund in the amount of $209,954.13 for the year ending June 30, 2013 to eliminate deficit. 9. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. 10. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 11. ADJOURNMENT. DATED this 11th day of September, 2013. _____________________________________ 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 this 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. PROCLAMATION EMPLOYER SUPPORT OF THE GUARD AND RESERVE WEEK WHEREAS, National Guard and Reserve forces comprise nearly half of our nation's military strength, and are essential to America's national security; and Reserve Component forces stand ready to answer the call to serve, whether serving alongside active duty counterparts all across the globe or responding to humanitarian crises at home and abroad; and WHEREAS, employers provide critical support to members of the National Guard and Reserve; allowing Citizen Warriors to serve whenever the Nation calls, often foregoing financial gain and making sacrifices in the process; and WHEREAS, employer support is stronger than ever, more than 41 years after President Richard Nixon authorized the Secretary of Defense to establish the National Committee for Employer Support of the Guard and Reserve (ESGR); and WHEREAS, our nation is in debt to the Citizen Warriors departing the comforts of home to ensure our freedoms remain intact; and, likewise, America pays special tribute to the commitment of dedicated and supportive employers who continue to make service in the Reserve Components possible. NOW, THEREFORE, I, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby declare September 22 - 28 as National Employer Support of the Guard and Reserve week in Fountain Hills. Dated this 13th day of September, 2013. Tda M. Kavahagh, Mayc Attest: AJ/../M.M JJA J Bevelyn J. Beiiaer/Town Clerk Town of Fountain Hills Transit Feasibility Study Town Council Presentation September 19, 2013 Background Information 2 •Identify Transit System Connection Opportunities •Determine Transit Ridership Market •Examine Transit Mode Alternatives Project Task Update 3 Project Tasks Status Develop Public and Agency Involvement Plan Review Prior and Ongoing Studies Analyze Existing and Future Conditions Develop Preliminary Service Options Develop Transit Recommendations and Performance Criteria Develop Transit Implementation Strategies and Action Plan Current Commuting Patterns 78% 12% 7% 2% 1% 0% 0% Drive Alone Work from Home Carpool Other Means Walk Public Transportation Source: 2007-2011 American Community Survey 5-Year Estimates 4 76% 6% 12% 2% 2% 2% Fountain Hills Maricopa County Travel Survey •Total survey responses: 469 •Distributed in-person and online –Information tables –News articles –Trip Reduction Program participants 5 Why haven't you used transit service? 6 16% 16% 23% 14% 34% 41% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% Other Takes too long to get where I want to go Doesn't go where I want it to Too far to walk to bus stop There is no bus service in my area I prefer to drive What are the most important transit needs for Fountain Hills and the Northeast Valley? 10% 54% 57% 45% 28% 45% 0% 10% 20% 30% 40% 50% 60% 70% Other To assist residents who do not have any other way to get around Service to destinations around the Valley Service to destinations in Fountain Hills Additional bus stops Frequency of bus service 7 If using transit was more convenient would you consider using it? 50% 10% 13% 27% Yes No Not Sure No Response 8 If convenient transit service was available, how likely are you to use it to travel to the location below? 29% 27% 26% 25% 25% 0% 5% 10% 15% 20% 25% 30% 35% Other Valley Destinations Downtown Fountain Hills Local Shopping Centers Local Grocery Stores Medical Appointments outside of Fountain Hills 9 Would you use any of the following services if they were available? 46% 45% 49% 17% 26% 16% 14% 12% Express Bus/Downtown Service Local Bus/Neighborhood Circulator Light Rail/Commuter Rail Taxi Voucher Program Park-and-Ride Dial-a-Ride Program Paid/Unpaid Volunteer Driver Program Carpool/Vanpool Program 0% 10% 20% 30% 40% 50% 60% 10 Survey Findings •50% would consider using transit service if more convenient • Increasing age of the Town’s population will require more transportation services (e.g. Dial- A-Ride, taxi voucher program) •83% are either full-time or part-time Fountain Hills residents •81% are 41 years or older 11 Service Concepts •Variables Considered: –Connections to regional transit network –Vehicles and passenger facilities –Costs of service and frequency –Connections to regional activity centers –Consistency with regional plans and policies –Population characteristics 12 Service Concepts 1.Double Route 514 trips 2.Community connector service –Three options 3.Coupons for Cabs 4.Van purchase 13 Service Concept 1: Double Route 514 Trips •Add two morning and two afternoon trips –Total of four morning and four afternoon trips •Other Considerations: –Provides additional opportunities for users to take transit –Satisfies proposed Valley Metro service standard for limited stop express service (4 inbound and 4 outbound weekday trips) –Significant additional cost –Scottsdale/Phoenix may be unwilling to contribute funds to cover costs of service in their jurisdictions 14 Service Concept 1: Double Route 514 Trips •Existing route operations cost: $210,600 –Estimated cost by jurisdiction*: •Fountain Hills: $26,114 •Scottsdale: $124,465 •Phoenix: $60,021 •Estimated annual cost of additional trips: $210,600 •Estimated total annual operating cost: $421,200 15 Trips Miles Per Trip Additional Weekday Trips Annual Revenue Miles Estimated Annual Net Cost Morning Inbound 37.6 2 19,000 $105,300 Afternoon Outbound 37.6 2 19,000 $105,300 Total $210,600 * Based on proportion of annual revenue miles for each jurisdiction Service Concept 2: Community Connectors •Three concepts: –Downtown Fountain Hills to the Mayo Clinic –Target Plaza to Mayo Clinic –Connection to Light Rail at Sycamore Station or Country Club Station (Mesa) •Provide connections to regional fixed route transit services (local bus or rail) or local activity nodes •Vehicle type: 15 passenger van or airport shuttle bus 16 Community Connector Alternative 1 17 •Service Area –Downtown Fountain Hills –Saguaro Blvd –Shea Blvd –Mayo Clinic •Stop Spacing –Designated stops and flag stops •Days/Hours of Service –Mon-Sun, 4 round trips daily •Estimated Annual Cost –$130,000 – $140,000 Community Connector Alternative 2 18 •Service Area –Shea Blvd –Mayo Clinic •Stop Spacing –Target Plaza –Frys –Mayo Clinic –Flag Stops •Days/Hours of Service –Mon-Sun, 4 round trips daily •Estimated Annual Cost –$80,000 - $90,000 Community Connector Alternative 3 19 •Service Area –Downtown Fountain Hills –Saguaro Blvd –Highway 87 –Mesa/Sycamore Station •Stop Spacing –Pick up points in downtown Fountain Hills and Target Plaza –Drop-offs at either Country Club or Sycamore Stations •Days/Hours of Service –Mon-Fri, 4 inbound/4 outbound one-way trips daily •Estimated Annual Cost –$220,000-$235,000 –Cost differential due to endpoint in Mesa –Estimated costs precluded weekend service Summary of Community Connector Operating Cost Estimates 20 Community Connector Days of Service Base Round Trips1 Estimated Annual Net Cost2 Alternative 1 Monday – Sunday 4 $130,000 – $140,000 Alternative 2 Monday – Sunday 4 $80,000 - $90,000 Alternative 3: Fountain Hills to Country Club/Main (Mesa) Monday – Friday 8 $220,000 - $235,000 Alternative 3: Fountain Hills to Sycamore/Main (Mesa) Monday – Friday 8 $220,000 - $235,000 1 Alternative 3 includes 4 inbound and 4 outbound one-way trips 2 Net costs reflect total costs after fare revenues are collected. Each connector service assumed 5% farebox recovery Additional Cost Drivers •Adding express trips will require additional buses and labor hours, in addition to O/M costs, that neighboring communities may not wish to pay for •Estimated fleet and facility costs –Connector shuttle bus: $100,000 –Standard city bus: $500,000 –Bus stops: $1,000-$10,000 •Variable costs over time –Labor –Fuel –Vehicle Insurance 22 Service Concept 3: Coupons for Cabs •Program administered by Valley Metro •Provides affordable taxi service to seniors (65 and older), and persons with disabilities –Participants purchase up to $100 worth of coupons per month used to pay for cab fares and tips with authorized cab companies •Other Considerations: –No set subsidy rate for cities •Chandler, Gilbert, and Tempe – 75% •Mesa – 70% –Leaves potential transit users who aren’t qualified without transit options •Estimated Annual Cost – Assumes total LTAF funding allocation 23 Coupons for Cabs vs. Dial-a-Ride •Provides comparable service at a fraction of the cost –Average cost per trip: $10.20 •Cost to city at 75% subsidy rate: $7.65 –Dial-a-Ride subsidy per boarding (2012): $36.25 24 Service Concept 4: Van Purchase •Provide the Fountain Hills senior center with a fleet of commuter vans –Senior center responsible for O/M costs, administration, recruitment/retention of volunteer drivers •Other Considerations: –Offers local transit service alternative with no additional costs –Flexibility in scheduling and providing service •Estimated Annual Cost - Assumes total LTAF funding allocation for one-time vehicle purchase 25 Existing Transit Funds •Proposition 400 –Public Transportation Fund (PTF) –All Fountain Hills PTF funds used for Route 514 •Local Transportation Assistance Fund II –Money currently used to fund Fountain Hills Transit Planning Study 26 Potential Funding Sources •Proposition 400 (PTF) –Can only be used for regional transit services –Paratransit funding available only for ADA- complementary service –Expires in FY2026 •LTAF II –May be used for any transit project –Annual revenue not guaranteed 27 Potential Funding Sources •LTAF II •Public-Private Partnerships •Coupons for Cabs •Advertising shelters/benches •Local funding •Other 28 Travel Demand Estimates 29 •Double Route 514 trips –+/- 10% of base ridership in Fountain Hills –Could add riders, but could also spread existing ridership given different times •Community connectors –Subject to operating characteristics •Coupons for Cabs –Estimate 5,000-5,500 trips annually •Assumes 45-50 participants per month •Van purchase –Subject to operating characteristics Preliminary Service Recommendation •Who do we want to serve? –Consider future transportation needs of the community –Community characteristics suggest service options tailored to senior mobility needs •Preliminary Service Recommendations 1.Coupons for Cabs program •Service is relatively low cost •Town sets subsidy rate •Users contribute greater share of operating costs •Minimal administration requirements 2.Localized van/connector service •Flexibility in application, tailored to meet community travel needs •Volunteer based operations can be inconsistent •High degree of local administrative oversight 30 Next Steps •Finalize transit service recommendations and performance criteria (September) •Develop short and long-range transit investment strategies (October-December) 31 Republic Service’s - Town of Fountain Hills Community Grant Program The Republic Services Community Grant Program is a philanthropic arm of the “My Republic Rewards” curbside recycling program which was started in June of 2013. The grant program was established to assist registered 501(c)(3) or 501(c)(19) charitable organizations in funding community projects. Giving Back What kind of projects are we looking for? Environmental Projects Projects that enhance the natural beauty of our town, water conservation projects and those projects which help sustain a healthy environment. Public Enjoyment Projects that offer an elevated level of convenience or aesthetic benefit to a wide variety of community members. Educational Projects Projects that will help reduce litter or waste and help advance the awareness of Reduce-Reuse-Recycle within in our community. Healthy and Active Lifestyles Projects that promote physical activity or nutritional education programs. Requirement Highlights Proposed projects must be within the boundaries of the Town of Fountain Hills. Project demonstrates a community benefit. Award level is up to $10,000 for a single project or up to 3 single projects depending on funding requests. Project must be completed within one year of the award or the grant award is forfeited. Distribution of grant monies is by reimbursement, but accommodations may be made for project scheduled payments. * * Current grant funding is provided by Republic Services. Funding may increase if additional sponsors can be found. Your Votes Count Each resident participating in the My Republic Rewards program has a vote. The more reward points you earn the more votes you have to put towards your favorite project(s). Voting starts January 15, 2014 thru June 1, 2014 www.fh.az.gov Important dates for grant applicants! October 1, 2013: Grant committee members begin public awareness campaign. November 5, 2013: Informal meeting/open house at Town Hall for grant applicants (Q&A). Town Council Chambers 4:30 pm December 1, 2013: Grant applications due to Town Hall no later than 6:00 pm. January 1, 2014: Top 3 application finalists chosen by the grant committee members. January 15, 2014: Top 3 application finalists posted on the website for public voting. January 15 – June 1, 2014: Voting open to the public. June 5, 2014: Winner(s) announced at the Town Council Meeting QUESTIONS? RedactedRedacted 2038221.1 RESOLUTION NO. 2013-48 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING AND ADOPTING THE TOWN OF FOUNTAIN HILLS LICENSING TIME FRAMES COMPLIANCE POLICY / PROCESS SUMMARY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Town of Fountain Hills Licensing Time Frames Compliance Policy / Process Summary, formerly called the SB 1598 Compliance Policy/Process Summary, is hereby amended and adopted in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. This Resolution shall become effective at 12:01 a.m. on September 20, 2013, or if the effectiveness of this Resolution is prohibited by Arizona law at such time, then this Resolution shall become effective at the earliest such later time as authorized by Arizona law. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution or any part of the Town of Fountain Hills Licensing Time Frames Compliance Policy / Process Summary adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, September 19, 2013. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney 2038221.1 EXHIBIT A TO RESOLUTION NO. 2013-48 [Licensing Time Frames Compliance Policy/Process Summary] See following pages. 1 Licensing Time Frames COMPLIANCE POLICY/ PROCESS SUMMARY PURPOSE In July 2011, the Arizona State Legislature approved Senate Bill 1598, commonly referred to as the “Regulatory Bill of Rights” bill. The Legislature codified Arizona Revised Statutes Section 9-831 et seq. that applies to all Arizona municipalities and counties. The purpose of this policy is to bring Town development review and application processing procedures into compliance with applicable State law. APPLICABILITY This law grants to regulated private parties a series of rights in their dealings with cities, counties and flood control districts, and notably changes municipal procedures regarding applications for permits and licenses, as defined by the statute, as well as the conduct of compliance inspections. The Town has determined that each of the application types listed in the tables below will be subject to a specific time period in which staff will verify if the submittal is 'administratively complete' and then an additional time period of days of staff time to 'substantively' review the submittal. This assures the applicant that he/she will be notified as to whether or not their submittal is administratively complete and that then staff will substantively review and either approve, or deny an application. The statute provides for opportunities to correct incomplete applications and submittals. The Town will comply with all statutory requirements. As required by law, this compliance review policy supersedes over any timeline as outlined in any Development Services or Administrative standard review times, and/or our Zoning Ordinance in the event of a conflict. DEFINITIONS See A.R.S. Section 9-831 et seq. for all definitions associated with this policy. REVIEW TIME FRAME REQUIREMENTS A.R.S. Section 9-835 requires the Town to have in place an overall timeframe during which the Town will either grant or deny license applications. A.R.S. Section 9-835(C) provides for flexibility in structuring the license process for certain types of “licensing”. The time frame requirements for application review on applicable procedures are listed in the tables provided below. NOTICE OF COMPLETENESS/SUBSTANTIVE COMPLIANCE The Town shall review applications for both administrative completeness and substantive compliance. The Town shall send notice to the applicant of the application’s status within the applicable timeframes. The notice shall cite a list of all deficiencies and reference the applicable regulation or policy, inform the applicant that the Town’s timeframe is suspended pending receipt of requested corrections or any missing information and note that if the Town fails to provide notice to the applicant during the administrative review timeframe, the application is then deemed complete in accordance with A.R.S. Section 9-835(F). The Development Services will accept all permit applications and Administration Department will accept all license applications upon submittal and evaluate each application for administrative completeness. A Development Services application shall contain a planning, engineering, or building application form, the relevant checklist, any information specifically required by the zoning ordinance, building code, general 2 engineering requirements manual, or such additional information specified by the staff as may be required by Town code, rule, or compliance review policy, and fee. An Administration Department application shall contain an application including all requested information, any additional information specified by staff as may be required by Town Code, rule or compliance review policy, and fee. An application must be made by the property owner or authorized agent. An applicant will be notified in writing if the application is incomplete and will be provided with a list of the specific deficiencies. The administrative review time frame is suspended pending the Town’s receipt of the missing information. Upon resubmission of the required materials the staff will notify the applicant whether the application is complete or remains incomplete. Pursuant to A.R.S. Section 9-835(F), if an applicant fails to supply documentation or information requested, or an explanation of why the information cannot be provided within fifteen (15) days after notice of deficiencies, the Town may consider the application withdrawn. When an application is determined to be complete and the notice of administrative completeness has been issued, the substantive review timeframe begins and it will be scheduled for substantive review by the staff and/or scheduled for a public hearing as required by the applicable ordinance. TIME FRAME SUSPENSIONS Overall time frames listed in the table below are suspended for the following time periods: A. From the date of a notice to the applicant of specific deficiencies in an application, whether on review for completeness of application or substantive review, and the date that the Town receives the missing information from the applicant. B. Time for completion of certain purposes, such as; public hearings, state, or federal licenses. C. Upon supplemental information requests from the Town during a substantive review time period. TIME FRAME EXTENSION PROCESS A. For substantive reviews of permit or license applications, the Town may request multiple comprehensive requests for additional materials and corrections. Said request will provide notice of possible denial of the application and any basis for that denial, in the event the request is not fully complied with. B. If re-submittal after the one comprehensive request is still not in compliance, based upon the applicable Town code, regulations, or policies, the applicant will be notified of the continuing deficiency. C. Upon receiving an application denial, the applicant may submit a new application to the Town. D. Under A.R.S. Section 9-835(G), the Town may extend the substantive review time frame and the overall time frame. The extensions shall not exceed 50% of the overall time frame to grant or deny the application. E. Upon first review, if the review authority (Development Review Team, Administrative staff, Commission, Board, or Town Council) determines additional information is required to adequately evaluate an application, any such additional information shall be submitted by the applicant not later than thirty (30) days from notification of the applicant. Failure to provide additional information in the time specified will result in the application being withdrawn as incomplete under the applicable statute. No fees will be refunded for an application that is withdrawn. REFUNDS If the Town does not send notice to an applicant regarding approval or denial within the overall time frame or any mutually agreed extension thereof, the Town shall refund the application fees within 30 days of the expiration of the overall time frame or any mutually agreed extension thereof and waive any additional fees for the application. A.R.S. Section 9-835(J) WORKING DAYS Working days as stated in this document refer to Town of Fountain Hills working days excluding all observed holidays. 3 The Town is committed to meeting the SB 1598 deadlines in all cases. The Town will continue its long- standing practice of processing all applications as quickly as possible, subject to workload and resource constraints. Senate Bill 1598 is a complex law with several areas that are left open to interpretation. The provisions in the law affect each Town department differently. After a review of our processes for permits, licenses and other approvals, the Town believes that the following processes are subject to SB 1598: COMPLIANCE REVIEW TIMEFRAMES DEVELOPMENT/ADMINISTRATIVE TEAM APPROVAL PROCESS TIMEFRAMES* APPLICATION TYPE Administrati ve Completene ss Substantive review OVERALL Commercial Building Permit Site Plan/Design Review/Amendment 90 Town working days 180 Town working days 270 Town working days Site Plan Extension Special Use Permit Encroachment Permits Commercial Plan Reviews Revision of Existing Permits New Commercial Construction Civil Engineering; Plans & Reports Non-conforming uses Seasonal Sales Tenant Improvements Wireless Communication Uses (that do not require CUP) Landscape Plans *Applicable unless otherwise exempt under A.R.S. Section 9-835(N). PUBLIC HEARINGS & TOWN COUNCIL APPROVAL PROCESS TIMEFRAMES* APPLICATION TYPE Administrative Completeness Substantive review OVERALL Conditional Use Permit 90 Town working days 180 Town working days 270 Town working days Special Use Permit Preliminary Plat Final Plat Minor Land Division Zoning Extension *Applicable unless otherwise exempt under A.R.S. Section 9-835(N). 4 COMPLIANCE REVIEW TIMEFRAMES DEVELOPMENT/ADMINISTRATIVE TEAM APPROVAL PROCESS TIMEFRAMES APPLICATION TYPE Administrative Completeness Substantive review OVERALL Sign Permits Animal License Tag Application 10 Town working days 10 Town working days 20 Town working days COMPLIANCE REVIEW TIMEFRAMES DEVELOPMENT/ADMINISTRATIVE TEAM APPROVAL PROCESS TIMEFRAMES* APPLICATION TYPE Administrative Completeness Substantive review OVERALL Temporary Use Permit Administrative Use Permit 30 Town working days 30 Town working days 60 Town working days *Applicable unless otherwise exempt under A.R.S. §9-831 et seq. COMPLIANCE REVIEW TIMEFRAMES DEVELOPMENT/ADMINISTRATIVE TEAM APPROVAL PROCESS TIMEFRAMES* APPLICATION TYPE Administrative Completeness Substantive review OVERALL Business License Applications Liquor License Application 20 Town working days 50 Town working days 70 Town working days *Applicable unless otherwise exempt under A.R.S. §9-831 et seq. 5 SUMMARY OF REGULATORY BILL OF RIGHTS General Plan • Requires the general plan of each planning agency in a local government to include a land use element that includes sources of currently identified aggregates, policies to preserve currently identified aggregates sufficient for future development and policies to avoid incompatible land uses. • States that this Act must not be construed to affect any permitted underground storage facility or limit any person’s right to obtain a permit for an underground storage facility pursuant to statute. General Plan – Adoption & Amendment • Allows a person, after having participated in the public hearing process, to file a petition for special action in superior court to review the governing body’s decision that does not comply with the mandatory land use requirement prescribed in this Act, within 30 days after the governing body has rendered its decision. • Specifies that the court may affirm, reverse or remand to the governing body, in whole or in part, the decision reviewed for further action that is necessary to comply with the mandatory requirements prescribed in statute. Public Works Project • Requires a local government, in the design phase of a public works project, to provide notice and opportunity for comment to all utilities the Town or town believes may be impacted for the purposes of: o Eliminating or minimizing the need for relocation of aerial, surface and underground facilities of the impacted utilities and, if relocation is unavoidable, minimizing the relocation costs to the extent practicable relative to the cost of the public works project. o Minimizing subsequent reconstruction or modification of utility facilities after completion of the public works project. • Clarifies that this Act does not alter the local government’s duty to pay for the affected public service corporation’s relocation costs pursuant to statute. Regulatory Bill of Rights • Establishes the regulatory bill of rights and states that to ensure fair and open regulation by local governments, a person: o Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a local government in a court proceeding regarding a local government decision as provided in statute. o Is entitled to receive information and notice regarding inspections as provided in statute. o Is entitled to have a local government not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in statute. o May have a local government approve or deny the person’s license application within a predetermined period of time as provided in statute. o Is entitled to receive written notice from a local government on denial of a license application that justifies the denial with references to the ordinance, code or authorized substantive policy statements on which the denial is based and that explains the applicant’s right to appeal the denial as provided in statute. o Is entitled to receive information regarding the license application process at the time the person obtains an application for a license pursuant to statute. o May inspect all ordinances, codes and substantive policy statements of a local government, including a directory of documents, at the office of the local government as provided in statute. 6 o Unless specifically authorized, may expect local governments to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in statute. o May file a complaint with the Town council concerning an ordinance, code or substantive policy statement that fails to comply with this Act. o Allows electronic notice to be given to a regulated person or entity. o Permits a person to inspect all ordinances, codes and substantive policy statements of a local government on the local government’s website. Inspections • Requires a local government inspector or regulator who enters any premises of a regulated person for the purpose of conducting an inspection to do the following: • Present photo identification upon entering the premises. • State the purpose of the inspection and the legal authority for conducting the inspection, upon initiation of the inspection. • Disclose any applicable inspection fees. • Afford an opportunity to have an authorized on-site representative of the regulated person accompany the local government inspector or regulator on the premises, except during confidential interviews. • Provide notice of the right to have: o Copies of any original documents taken by the local government during the inspection if the local government is permitted by law to take original documents. o A split or duplicate of any samples taken during the inspection if the split of any samples, where appropriate, would not prohibit an analysis from being conducted or render an analysis inconclusive. o Copies of any analysis performed on samples taken during the inspection. • Inform each person whose conversation with the local government inspector or regulator during the inspection is tape recorded, that the conversation is being tape recorded. • Inform each person interviewed during the inspection that statements made by the person may be included in the inspection report. • Directs a local government inspector or regulator, on initiation of, or two working days before, an inspection, except for a food and swimming pool inspection that has up to one working day after an inspection, of any premises of a regulated person, to provide the following in writing: o The rights provided to a regulated person as described in this Act. o The name and telephone number of a contact person available to answer questions regarding the inspection. o The due process rights relating to an appeal of a final decision of a local government based on the results of the inspection, including the name and telephone number of a person to contact within the local government and any appropriate municipality, county or state government ombudsman. o A note stating that the regulated person or on-site representative was not at the site or refused to sign the writing prescribed above, if applicable. • Requires a local government to provide electronic access to inspection reports and all subsequent documents. • Requires a local government inspector or regulator to obtain the signature of the regulated person or on-site representative of the regulated person indicating they have read and are notified of their rights prescribed in this Act and the due process rights afforded to them relating to an appeal of a final decision of a local government. • Provides that the local government must maintain a copy of the signature with the inspection report and must leave a copy with the regulated person or on-site representative of the regulated person. • Directs a local government that conducts an inspection to give a copy of the inspection report to the regulated person or the on-site representative either at the time of inspection, within 30 working days after the inspection or as otherwise required by federal law. • States that the inspection report must contain deficiencies identified during an inspection. • Allows the local government to provide the regulated person an opportunity to correct the deficiencies unless the local government determines that the deficiencies are: 7 o Committed intentionally. o Not correctable within a reasonable period of time as determined by the local government. o Evidence of a pattern of noncompliance. o A risk to any person, the public health, safety or welfare or the environment. • Stipulates that the regulated person must notify the local government when the deficiencies have been corrected if the local government allows them an opportunity to correct the deficiencies. • Directs the local government to determine if the regulated person is in substantial compliance and notify the regulated person whether or not they are in compliance within 30 days of receipt of notification that the deficiencies have been corrected. • Mandates that a local government must determine if the regulated person is in substantial compliance with the corrected deficiencies, unless the determination is not possible due to conditions of normal operations at the premises. • Permits the local government to take any enforcement action authorized by law for the deficiencies if the local government determines the deficiencies have not been corrected within a reasonable amount of time or the regulated person fails to correct the deficiencies and specifies that a local government’s decision is not an appealable action. • Requires a local government to provide a regulated person with an update on the status of any local government action resulting from an inspection of the regulated person at least once every month after the commencement of the inspection. • Clarifies that a local government is not required to provide an update after the regulated person is notified that no local government action will result from the inspection or after the completion of local government action resulting from the inspection. • Specifies that this Act does not authorize an inspection or any other act that is not otherwise permitted by law, but only applies to inspections necessary for the issuance of a license or to determine compliance with licensure requirements. • States that this Act does not apply: o To criminal investigations and undercover investigations that are generally or specifically authorized by law. o If the inspector or regulator has reasonable suspicion to believe that the regulated person may be engaged in criminal activity. o To inspections by a county board of health or a local health department pursuant to statute. • Stipulates that the gathering of evidence in violation of this Act shall not be a basis to exclude the evidence in a civil or administrative proceeding, if the penalty sought is the denial, suspension or revocation of the regulated person’s license or a civil penalty of more than $1,000. • Prescribes that the failure of a local government, board or commission employee to comply with this section constitutes case for disciplinary action or dismissal and shall be considered by the judge and administrative law judge as grounds for reduction of any fine or civil penalty. • Allows a local government to adopt rules or ordinances to implement this Act and specifies that this Act must not be used to exclude evidence in a criminal proceeding and does not apply to a local government inspection that is requested by the regulated person. Local Governments – Prohibited Acts • Prohibits a local government from doing the following: o Basing a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, ordinance or code. o Adopt an ordinance or code under a specific grant of authority that exceeds the subject matter areas listed in the specific grant of authority. o Adopt an ordinance or code under a general grant of authority to supplement a more specific grant of authority. • Clarifies that a general grant of authority does not constitute a basis for imposing a licensing requirement or condition unless the authority specifically authorizes the requirement or condition. • States that a local government must avoid duplication of other laws that do not enhance regulatory clarity and must avoid dual permitting to the maximum extent practicable, unless specifically authorized. 8 • Specifies that this Act does not prohibit local government flexibility to issue licenses or adopt ordinances or codes. Directory of Documents • Directs a local government to publish, or prominently place on their website, a directory summarizing the subject matter of all currently applicable ordinances, codes and substantive policy statements at least annually and further requires the local government to keep copies of this directory and all substantive policy statements at one location. • Mandates that the directory, ordinances, codes, substantive policy statements and any materials incorporated by reference in the documents be open to public inspection at the office of the local government. Governing Body – Complaints • Allows the governing body to receive complaints concerning ordinances, codes, substantive policy statements or local government practices and review such that are alleged to violate this Act and hold public hearings regarding the allegations. • Permits the governing body to recommend actions to alleviate the aspects of the ordinances, codes, substantive policy statements or local government practices that are alleged to violate this Act. Project Requirements • 870 s.f. of new concrete sidewalk • ADA ramp at intersection • Sign relocation • Handrail removal & new handrail installation Project Requirements • 1,308 s.f. of new concrete sidewalk • ADA ramp at intersection • Landscape removal • Slope grading Project Requirements • 1,230 s.f. of new concrete sidewalk • ADA ramp at intersection • Water meter relocations • Slope grading Project Requirements • 840 s.f of new concrete sidewalk • ADA ramp at driveway • Sign relocation • Water meter & backflow preventer relocation • Fire hydrant relocation Project Requirements • 450 s.f of new concrete sidewalk • ADA ramp at driveway • Rip rap removal & relocation Contact: Paul Mood, 480-816-5129, pmood@fh.az.gov