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HomeMy WebLinkAbout140116PRevised: 1/15/14 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, JANUARY 16, 2014 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 Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and , as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. 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 and whether or not they reside in Fountain Hills (do not provide a home address) 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 Vice Mayor Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Councilmember Tait D. Elkie Councilmember Cecil A. Yates Z:\Council Packets\2014\R140116\140116A.docx Last printed 1/15/2014 10:21 AM Page 2 of 4 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. §38-431.03(A)(4), discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussion conducted in order to avoid or resolve litigation (Specifically, relating to the Rural Metro contract.). 2. ADJOURNMENT REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor Todd Forest, Fountain Hills Christian Center  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 January 30, 2014, Pony Express Day in the Town of Fountain Hills.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Introduction of the Town’s new Part-time Economic Development Specialist, Scott Cooper. ii) Update by Councilmember Ginny Dickey regarding the recent Maricopa Association of Governments Regional Domestic Violence Council meeting held on December 17th, 2013. 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. Z:\Council Packets\2014\R140116\140116A.docx Last printed 1/15/2014 10:21 AM Page 3 of 4 CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call 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 items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from January 2, 2014. 2. CONSIDERATION of approving a LICENSE AGREEMENT for a Maricopa County Air Monitoring Station at Fire Station #1. 3. CONSIDERATION of approving a WINE FESTIVAL/WINE FAIR LICENSE APPLICATION submitted by Arlene Domanico, representing Passion Cellars, in conjunction with the Thunderbird Artists Fine Art and Wine Affaire. The event is scheduled for Friday-Sunday, March 14-16, 2014, from 10:00 a.m.-5:00 p.m., on the Avenue of the Fountains. 4. CONSIDERATION of approving RESOLUTION 2014-06, granting an Ingress & Egress Easement to Salt River Project (SRP), on portions of the Town-owned Kiwanis Building property at 16957 Kiwanis Drive, adjacent to SRP’s Fountain Substation site. (EAA2013-13) REGULAR AGENDA ITEMS 5. CONSIDERATION of APPOINTING two (2) citizens to serve on the Board of Adjustment for the period beginning February 1, 2014 until January 31, 2016. 6. CONSIDERATION of RESOLUTION 2014-04, adopting the Town of Fountain Hills Community Center operating policies. 7. SEMI-ANNUAL REPORT on the PROGRESS OF IMPLEMENTING the Council’s Strategic Plan Goals and Operational Priorities for FY2013-14. 8. DISCUSSION AND CONSIDERATION of the Council’s STRATEGIC PLANNING GOALS AND OPERATIONAL PRIORITIES FOR FY2014-15 and specific initiatives recommended by the Strategic Planning Advisory Commission. 9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF to revise the COUNCIL RULES OF PROCEDURE to include a recurring item that allows the Mayor and Council to report on recent activities and current events. [This item was added at the request of Councilmembers Dickey, Elkie and Leger.] 10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. Z:\Council Packets\2014\R140116\140116A.docx Last printed 1/15/2014 10:21 AM Page 4 of 4 11. 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. 12. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 13. ADJOURNMENT. DATED this 9th day of January, 2014. 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: 1/15/14 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, JANUARY 16, 2014 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. 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 and whether or not they reside in Fountain Hills (do not provide a home address) 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 Vice Mayor Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Councilmember Tait D. Elkie Councilmember Cecil A. Yates Z:\Council Packets\2014\R140116\140116A.docx Last printed 1/15/2014 10:21 AM Page 2 of 4 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. §38-431.03(A)(4), discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussion conducted in order to avoid or resolve litigation (Specifically, relating to the Rural Metro contract.). 2. ADJOURNMENT REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor Todd Forest, Fountain Hills Christian Center  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 January 30, 2014, Pony Express Day in the Town of Fountain Hills.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Introduction of the Town’s new Part-time Economic Development Specialist, Scott Cooper. ii) Update by Councilmember Ginny Dickey regarding the recent Maricopa Association of Governments Regional Domestic Violence Council meeting held on December 17th, 2013. 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. Z:\Council Packets\2014\R140116\140116A.docx Last printed 1/15/2014 10:21 AM Page 3 of 4 CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call 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 items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from January 2, 2014. 2. CONSIDERATION of approving a LICENSE AGREEMENT for a Maricopa County Air Monitoring Station at Fire Station #1. 3. CONSIDERATION of approving a WINE FESTIVAL/WINE FAIR LICENSE APPLICATION submitted by Arlene Domanico, representing Passion Cellars, in conjunction with the Thunderbird Artists Fine Art and Wine Affaire. The event is scheduled for Friday-Sunday, March 14-16, 2014, from 10:00 a.m.-5:00 p.m., on the Avenue of the Fountains. 4. CONSIDERATION of approving RESOLUTION 2014-06, granting an Ingress & Egress Easement to Salt River Project (SRP), on portions of the Town-owned Kiwanis Building property at 16957 Kiwanis Drive, adjacent to SRP’s Fountain Substation site. (EAA2013-13) REGULAR AGENDA ITEMS 5. CONSIDERATION of APPOINTING two (2) citizens to serve on the Board of Adjustment for the period beginning February 1, 2014 until January 31, 2016. 6. CONSIDERATION of RESOLUTION 2014-04, adopting the Town of Fountain Hills Community Center operating policies. 7. SEMI-ANNUAL REPORT on the PROGRESS OF IMPLEMENTING the Council’s Strategic Plan Goals and Operational Priorities for FY2013-14. 8. DISCUSSION AND CONSIDERATION of the Council’s STRATEGIC PLANNING GOALS AND OPERATIONAL PRIORITIES FOR FY2014-15 and specific initiatives recommended by the Strategic Planning Advisory Commission. 9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF to revise the COUNCIL RULES OF PROCEDURE to include a recurring item that allows the Mayor and Council to report on recent activities and current events. [This item was added at the request of Councilmembers Dickey, Elkie and Leger.] 10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. Z:\Council Packets\2014\R140116\140116A.docx Last printed 1/15/2014 10:21 AM Page 4 of 4 11. 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. 12. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 13. ADJOURNMENT. DATED this 9th day of January, 2014. 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. redact 2087427.1 RESOLUTION NO. 2014-04 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS COMMUNITY CENTER OPERATING POLICIES. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) has determined that it is in the best interests of the citizens of the Town of Fountain Hills to establish written policies that ensure a consistent procedure for the operation of the Town of Fountain Hills Community Center (the “Center”); and WHEREAS, the Town Council desires to adopt Center Operating Policies. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. That certain document known as the Town of Fountain Hills Community Center Operating Policies (the “Operating Policies”) is hereby adopted in substantially the form attached hereto as Exhibit A. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution or any part of the Operating Policies adopted herein by reference is for any reason to be held 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 to 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, January 16, 2014. 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 2087427.1 EXHIBIT A TO RESOLUTION NO. 2014-04 [Operating Policies] See following pages. 1 of 13 FHCC Operating Policies 1/16/2014 Section 1 Mission Statement Section 2 Authority Section 3 License Agreements Section 4 General Rental Regulations 13001 N. La Montana Drive 480.816.5200 www.fh.az.gov/dept-community-center.aspx Operating Policies Like “Our Fountain” which stands at the heart of the community, so too does the Community Center. Its mission is to serve Fountain Hills residents by providing an opportunity to enhance the quality of life for its citizens by: • Providing a gathering place for civic, nonprofit and community events; • Promoting the arts; • Developing a conference and convention trade. The Community Center shall be – “The Height of Desert Living” The Center Supervisor shall have full responsibility for the operation of the Center and shall act for and on behalf of the Town in management, supervision, and control of these facilities. The Town Manager or designee is hereby authorized to enter into License Agreements, a form of which is attached hereto as Exhibit A, and Kitchen/Ballroom Usage Agreements, a form of which is attached hereto as Exhibit B, with groups, persons and entities for events in the Center, which, in his or her opinion, are in the best interest of the Town. License Agreements shall be issued to all LICENSEES of space in the Center. It is the purpose of the License Agreement to provide the terms and conditions of the rental for both the LICENSEE and the Center. All operating policies are included as a part of the Center License Agreement. A. All rental fees shall be paid in full at the time of booking (i.e., when LICENSEE returns the signed License Agreement), in lawful money of the United States, approved personal check, money order, certified check, Visa, MasterCard, Discover, or American Express. Center staff will comply with the Town’s currently effective cash handling policies, as applicable. B. The rental includes one set-up as indicated with tables, chairs, general house lighting, heating and air conditioning. Custodial service shall be provided in common areas. For clarification on other types of room sets, the LICENSEE shall consult with the Center. All room sets and decorations must comply with Town of Fountain Hills Fire Code and are subject to inspection. C. Set-up changes (including moveable walls) during a rental period are billed at prevailing labor rates. Rental does not include any special services or equipment. The Town of Fountain Hills Community Center 2 of 13 FHCC Operating Policies 1/16/2014 Section 5 Reservation of Space, License Agreements, Payments D. Lobby and corridors are shared by all tenants as well as the public and therefore, are not leasable space unless approved by the Center Supervisor. E. Lobby and corridors are not to be used for meeting space, access to Wi-Fi, or by any group on a regular basis. Electricity may not be accessed by any person not renting space inside of the Center building. The Center Supervisor or designee has the right to request any person violating these conditions to rent a room (if available) or exit the premises. F. Any additional requests for space or equipment will be charged to the user’s account immediately following the event at prevailing rates. G. Final count and room sets must be made no later than 72 hour in advance of the event. No major changes may be made to room set 24 hours prior to the event start time. H. Facility overtime charges shall be charged if the occupancy exceeds the time specified on the License Agreement. LICENSEES are advised that rates for services provided on Town holidays or before 7:00 a.m. and after Midnight or services requested less than two days in advance, may be subject to labor overtime charges in addition to rental overtime charges. Facility overtime rental rates are charged by the hour. Any fraction of an hour is calculated as a full hour and shall be applied when the facility is used in excess of the contracted rental period. Facility overtime rental fees do not include the cost of any other additional services. I. Varying uses of these facilities make it impossible for the Center to list all the charges herein. It is the LICENSEE’S responsibility to define specific requirements and inquire about costs and charges to verify if they are covered under the rental rates. J. Rates do not include technicians, door guards, police, security personnel, etc. The number, identity and qualifications of such persons are subject to the approval of the Center Supervisor or designee. Charges shall be assessed for additional/special/extra services, facilities, equipment, material, technicians etc., at prevailing rates and conditions. K. All rates are subject to change without notice. L. Events for which admission is charged may be subject to profit sharing as a basis for rental charges. For such events, the charge shall be the base rent plus a negotiated percentage of the gross receipts. M. Firearms, explosives or other weapons are not allowed in the Center, other than those carried by a peace officer in the performance of official duties. N. Other than service animals, live animals are not allowed in the Center. Staff may meet with the client to conduct tours of the facility, assist with space and date availability and provide as much information and assistance as possible in order to help the client with the booking procedures. A. To reserve space for an event in the Center, contact the Center at 480.816.5200. Upon receipt of the event request form, the room(s) requested will be scheduled and a License Agreement and any necessary addenda will be prepared outlining all terms of the rental. The booking process may take up to three Town business days. A prospective LICENSEE shall sign and return a License Agreement with the appropriate payments no later than ten business days after the event request form has been submitted. Fees for ballroom rentals are required to be paid in full at the time of booking. If the LICENSEE fails to return the signed License Agreement and full payment by the ten-day deadline, the Center Supervisor or designee may release the dates to other clients without notice to LICENSEE. B. Center staff reserves the right to require additional rental space for any event that may be in violation of fire code or other restrictions. C. With the exception of major conventions, annual events and banquets, space reservations cannot be made more than 18 months in advance of the event date unless approved by the Center Supervisor. D. License Agreements for multiple bookings will not exceed one year. E. Fees will apply beginning with the third change to any part of the License Agreement. F. The Town reserves the right to license other parts of the Center at the same time as the facility is in use by LICENSEE. Uses of the lobby and other public and support areas made available to the LICENSEE are at the discretion of the Center Supervisor and may be concurrent with use by others and may be restricted as the Center Supervisor or designee determine, provided that such use or restrictions by others shall not unreasonably interfere with the use of the facility by the LICENSEE. LICENSEE agrees not to disrupt, hinder or diminish any other LICENSEE’S use of other parts of the Center and agrees to exercise its best efforts to coordinate LICENSEE’S agents’ and patrons’ use of the Center to maximize use of the Center. G. LICENSEE shall pay any additional charges at the conclusion of the event unless other arrangements have been made with the Center Supervisor or designee. LICENSEE, at the Center Supervisor’s or designee’s discretion, may also be required to prepay all known expenses no later than 14 Town business days prior to the event. 3 of 13 FHCC Operating Policies 1/16/2014 Section 7 Default or Cancellation by Licensee Section 8 Rescheduling or Cancellation by Center Section 6 Event Servicing Procedures H. All charges for services rendered for use of Center facilities are payable upon receipt of invoice unless otherwise required in the License Agreement, any addenda and these Operating Policies. If said payments are not timely paid as outlined above, the Center may give LICENSEE written notice to make said payments. If LICENSEE fails to do so within ten days of the date of such written notice, the Center may, at its option, restrict LICENSEE from making future reservations. LICENSEE shall be liable to the Center for all damages suffered by the Center, including, without limitation, all attorneys’ fees and costs. LICENSEES whose accounts are past due will be restricted from making future reservations. The Town of Fountain Hills will assess a charge for any returned checks. Accounts remaining unpaid after 90 days will be referred to the Town’s collection agency to collect the outstanding balance. , or Lobbies Upon execution of a License Agreement, the staff will meet and/or communicate with the LICENSEE as necessary to determine the requirements and needs of the LICENSEE. This includes, but is not limited to, room set, staging, lighting, sound, and security. A. Staff will be available during all phases of the event including move in, run of the event, and move out. B. Should it become necessary in the judgment of the Center to evacuate the premises for reasons of public safety, the LICENSEE will retain usage of the contracted space for completion of the event without additional charge should there be sufficient time and such time will not interfere with another facility LICENSEE. If it is not possible to complete the event, the fees will be prorated or adjusted at the discretion of the Center Marketing and Event Supervisor or designee, and the LICENSEE hereby waives any claim for damages against the Center. A. Should LICENSEE default in the performance of any of the terms and conditions of their License Agreement and addenda, or violate the Center’s Operating Policies, or should LICENSEE cancel the event described in the License Agreement and the space cannot be rebooked, the Center may at its sole option, elect any of the following: 1. To enforce all the provisions, terms and conditions of the License Agreement and Operating Policies in which event LICENSEE shall be liable for the full amount of the rental fees provided for herein plus all reimbursable expenses incurred by the Center in connection with the event. 2. To cancel the license and release LICENSEE from all liability and obligations under the License Agreement and Operating Policies, except for all expenses incurred by the Center to date in connection with the License Agreement. B. Notice of cancellation by LICENSEE must be made in writing to the Center. C. Refunds are based on the following: Ballroom Rentals: One-half of all ballroom rental fees are non-refundable. 120 days’ notice prior to the event date is required in order to receive the remaining amount; otherwise all payments are forfeited. If rescheduling the original date prior to the 120 days, one half of the ballroom rental fee will be non-transferable. If rescheduling occurs after the 120 days, no monies will be transferred unless the originally scheduled space is re-booked. Meeting Rooms: • All money will be refunded if the event is cancelled at least 61 days prior to the event date. • One half of rental fees will be refunded if the event is cancelled between 30 and 60 days prior to the event date. • No fees will be refunded if the event is cancelled less than 30 days prior to the event date. The Center reserves the right to reschedule, move or cancel a booking in the event the Center determines that the space and date are needed for an emergency or catastrophic situation. Every effort to move or reschedule the event will be made. Should the Center be unable to 4 of 13 FHCC Operating Policies 1/16/2014 Section 9 Damage Deposits Section 12 Decorations Section 10 Machinery, Flammable Liquids and Electricity Section 11 Piano Usage accommodate the LICENSEE, full refund of prepaid deposits, etc. will be made within 14 days if payment is made by credit card or up to 6 weeks if paid by check or cash. • Any cancellation of an event by the Center shall not be a breach of the applicable License Agreement and the Center shall have no liability of any kind to the LICENSEE in the event of such cancellation. • The Center reserves the right to move a booking to another space adequate for the size of the event. A. All ballroom rentals require a damage deposit. At the discretion of the Center Supervisor or designee, other events may require a damage deposit. Following the conclusion of an event, the damage deposit will be retained until a building inspection is completed. B. An advance damage deposit does not relieve the LICENSEE of the obligation to provide Certificate of Insurance coverage nor does it limit the Center’s right to charge the client for the full amount of damages incurred. C. If no damage is found, the damage deposit will be applied to any outstanding charges for rental, equipment, or services. The Center will refund any remaining deposit balance; refunds may take up to six (6) weeks. D. The LICENSEE shall compensate the Center for the full amount of any and all damage, excluding normal wear and tear, to buildings, furnishings, fixtures or equipment, caused by the LICENSEE, LICENSEE’S employees, agents, guests, volunteers or contractors. The LICENSEE and the Manager on Duty shall conduct a joint inspection of the LICENSED FACILITY, furnishings, fixtures and equipment prior to move-in for the purpose of noting any existing damage. At the conclusion of EVENT(s), the LICENSEE shall, together with the Manager on Duty, jointly inspect the facility, furnishings, fixtures and equipment for event-related damage. Failure of the LICENSEE to participate in such inspection shall be considered a waiver of the LICENSEE’S right to participate and the Manager on Duty alone shall make the inspection. The Center staff will notify the LICENSEE within a reasonable time as to the extent of damage, if any, and cost of repair. No person shall operate any engine, motor or other machinery on the premises or use any gas, electricity, flammable liquid or charcoal therein, or open flames except for warming trays, without the prior consent of the Center staff and the obtaining of all required official permits issued by the Town or any required government agency. No gas operated machines are allowed inside of the Center. All electrical connections must be approved by the Center staff or designated representative. Fire Alarms, Doors, Passageways A. Use of the Kawai Piano is limited to persons approved by Center staff and to students under the guidance of professional musician or instructor. B. Rental fees will apply to any use of the piano, except for Fountain Hills Community Chorus or Town sponsored events. Tuning fees, if required, are additional. Staff has a list of qualified personnel if tuning is needed. C. If rented for parties or special events, piano is strictly prohibited from use as a table or surface for miscellaneous objects. To protect the instrument, the leather cover must be kept on at all times when not in use. A. When renting the ballroom, set up and cleanup activities are considered part of the scheduled time. The time required for set up must be coordinated with Center Staff. Extra set up time is available at an additional charge B. The Community Center does not supply tablecloths, napkins or skirting. We provide 60” round banquet tables. A limited number of 72” round tables are also available. Buffet tables are 72” long x 30” wide. 5 of 13 FHCC Operating Policies 1/16/2014 Section 13 Food Service; Kitchen Policies/Procedures C. No helium filled balloons are permitted without prior approval from the Center Supervisor or designee. Mylar balloons are not allowed. Helium tanks must be on approved carts or bases. In special circumstances, balloons that are secured to exhibit booths or architectural features may be allowed with the prior approval of the Center Supervisor or designee. In such an event, the LICENSEE will remain responsible for the cost of retrieving any stray balloons. Peanuts in the shell, sunflower seeds, rice, glitter or confetti are not permitted in the facility. A cleaning service charge will be levied should such items be brought on site for an event. D. Confetti, glitter, rice, peanuts in the shell or sunflower seeds are not permitted in the facility. A cleaning service charge will be levied should such items be brought on site for an event. E. All decorations must be flame retardant. Proof of a satisfactory flame-retardant treatment may include a field flame test. Certain plastic materials cannot be made flame retardant, in which case their use is prohibited. Candles must be pre-approved by the Center Supervisor and must be in compliance with the Town Fire Code. Town Fire Code prohibits open flames unless in approved containers. Open flames are not permitted. F. No decorations shall be allowed on any glass surface in the facility. No pins, staples or similar fasteners are permitted on curtains or stage and table skirting. Pins, tacks, or staples used on tack board surfaces must be removed at the conclusion of the event. No self- adhering decorations are permitted on any surface. On surfaces other than glass and tack board, decorations may be applied only with painter’s blue masking tape after approval is obtained from the Center Supervisor or designee. Any signs or decorations attached with tape other than painter’s blue masking tape may be charged with an appropriate surface repair fee. LICENSEE may apply decorations only in those rooms rented and may not include hallways, lobby areas, restrooms, or any other area unless approved by the Center Supervisor or designee. G. Any type of tape to be applied to the floor (including any brand of double-faced carpet tape) must be approved in advance by the Center Supervisor or designee. LICENSEE is forewarned that many brands of double face tape do not come off the floor and the cost for clean-up will be billed to the LICENSEE. H. Under no circumstances may decorations be stapled onto or into any tables owned by the Center or onto or into any walls. I. Bubble machines are not allowed anywhere within the building. All other special effects must be approved by the Community Center Staff. J. Following the close of the event, the LICENSEE must remove all decorations and tape and place them into waste receptacles. Any decorations or tape remaining from the event will be removed by the Center staff resulting in charges that will be billed at the prevailing labor rate (subject to overtime rates for holidays, after midnight, etc.). K. Any damage to walls, floors, windows, or any other surface or furnishings due to decorations will be charged to the LICENSEE. L. All items, including rental items, brought into the Center need to be removed from the building immediately following your event. A copy of these guidelines is attached as Exhibit C hereto. A. LICENSEE is required to use a licensed and insured Caterer for all food and beverage needs. Proof of the Caterer’s business license and insurance policy must be received no later than two weeks prior to event date. B. All arrangements for catering services shall be made directly with the Caterer. It is the responsibility of the LICENSEE to convey the cleaning requirements to all vendors who will be working in the building on the day of the event. C. A Caterer who initially contracts a food event in the Center for a specific day may have the right to serve other meals in the Center for that day. The Center Supervisor must approve any variance. D. The kitchen at the Center is classified as a “Service Kitchen”, under the Maricopa County’s Environmental Health Division. • A “Service Kitchen” means and refers to a food service establishment (Community Center) that operates in conjunction with Maricopa County licensed and insured caterers. • The caterer must use an approved central kitchen in a permitted food establishment and shall be operated and maintained in compliance with the appropriate provisions of the Maricopa County Environmental Health Division. E. Licensed Caterers: 1. Must be in possession of a valid Maricopa County Food Permit. 2. Are not allowed to cook at the Community Center. 6 of 13 FHCC Operating Policies 1/16/2014 Section 14 Equipment Policies Section 15 Consumption of Alcoholic Beverages 3. Are allowed to bring in cooked and prepared food from an approved off-site central kitchen. 4. Can plate and re-heat/cool items before serving. 5. Will provide an intended menu. 6. Any cutting, slicing, chopping, etc., shall be done in an approved off-site central kitchen. 7. No knives, other than silverware, can be brought to the Community Center kitchen. 8. Are allowed to prepare coffee and/or tea on site. 9. Prior to utilizing the Community Center kitchen all County licensed caterers are to provide a copy annually of their license and a copy of their insurance. A copy of these policies is attached as Exhibit D hereto. A. Available tables and chairs are included in the rental fees. All set requirements should be made with staff at least 72 hours prior to event date; any additional tables or chairs required after 24-hour window of time prior to the event start time will be charged a room change fee. B. LICENSEE may secure tables on his or her own, but a $1.00 per table and $0.25 per chair labor charge will be applied if Center staff is required to move the rented items. (This applies to all set ups.) C. Exhibit/Consumer/Other Flat Shows: Booth set up includes one 6’ table and two chairs per booth. Additional tables are $4.00 each and chairs are $2.00 each. If electricity is needed, prior arrangements with the Center Supervisor must be made and an additional fee will be assessed. (See fee schedule.) A. An alcohol permit must be completed and approved by the Center Supervisor in order to serve any type of alcoholic beverage on the premises of the Center; there is no fee for the application. Application is required to be submitted to Center staff no later than 30 days prior to event date. B. Alcoholic beverage service may be provided by the vendor of your choice, subject to Center staff approval. Those serving liquor will be required by state law to be licensed through the State of Arizona and to have a Town of Fountain Hills Business license. Proof of bartender certification must be provided to the Center staff no later than ten days prior to event date. C. Proof of liquor and business licenses will be required no later than two weeks prior to event date. If the appropriate paperwork is not provided, alcohol service will not take place, NO EXCEPTIONS! D. Only the vendor or authorized designee holding the approved alcohol permit is allowed to bring alcohol into the facility. There must be a designated licensed bartender responsible for serving the alcohol at all times. At no time can guests help themselves to liquor. There are no open bottles allowed on tables. E. At no time are guests allowed to bring in their own alcohol. Control of the liquor is crucial and any infraction will result in the closing of your event immediately upon warning and non-compliance. F. Liquor can be served only between the hours of noon to 10:00 p.m. or, if more restrictive, as set forth by state law. G. LICENSEE, except non-profit entities with Special Event Liquor License, will not be able to sell liquor at events. Only hosted liquor service is allowed. (No cash bars) H. Non-profit entities will be able to hold a liquor event through a Special Event Liquor License processed through the State of Arizona Liquor Division and approved by Town Council. This process typically takes two months at a minimum so applications will need to be filled out in a timely manner. Each Special Event Liquor License application is subject to a fee. I. Non-profit entities, who apply for a Special Event Liquor License, must adhere to Statute (Ariz. Rev. Stat. § 4-203.02) which allows non- profit groups to sell alcohol; however, there are several restrictions for those events. Those restrictions are: • The entity must apply with the Department of Liquor for a Special Event Liquor license. • The entity must purchase alcohol from a liquor wholesaler or have it donated. • The entity must receive at least 75% of the gross receipts from the event, up to 25% of the gross receipts of a special event 7 of 13 FHCC Operating Policies 1/16/2014 Section 16 Security and Safety Personnel Section 17 Event Clean Up may be used to pay reasonable and necessary expenses incurred in connection with the event. J. Additional information on Special Event Liquor Licenses may be obtained from the AZ Department of Liquor Licenses and Controls website. http://www.azliquor.gov/series15.cfm. K. Consumption of beer, wine or spirits shall only occur within the Center premises and outdoor patio area. No person or entity may bring opened containers of beer, wine, or spirits outside of these designated areas. L. The Center management reserves the right to restrict service of beer, wine, or spirits to any person or event if determined it is in the best interest of the public and the Center. M. LICENSEE shall conform to all the state and local laws, and these Operating Policies governing the serving and consumption of beer, wine and spirits. Violation of any of the provisions related to the sale, use or consumption of liquor affords the Center the right to impose restrictions and penalties, including, but not limited to, the cancellation or termination of the event without notice at the discretion of the Center Supervisor or designee. N. The Center will require at LICENSEE’S expense security personnel as may be determined to be appropriate for the event and as set forth in Section 16 on these Operating Policies. Center staff will contract with Maricopa County Sheriff’s Office for all security needs. Security is required from the time liquor service begins until one hour after liquor service has ended. O. The LICENSEE signing the permit is responsible for upholding all policies regarding liquor service. Failure to adhere to these policies will result in a revocation of the alcohol permit and no liquor will be allowed into the Center. A copy of these policies is attached as Exhibit E hereto. A. The Center Supervisor will require, at LICENSEE’S expense, such security personnel, as may be determined to be appropriate for the event. A complete schedule, showing the times of access to the building must be furnished to the Center no less than 14 days prior to the event. LICENSEE must request at his/her expense, additional security services (i.e., overnight) that are specific to the needs of his/her event. B. Staff may provide an estimate of security requirements and costs upon execution of the License Agreement. LICENSEE shall immediately notify the Center Supervisor or designee if conditions change after issuance of the license. In the event of such notice, the Center Supervisor or designee may, without notice, revise the security requirements at the LICENSEE’S expense. C. Center reserves the right to eject or to cause to be ejected from the premises any objectionable person or persons and neither the Town, the Center, its agents or employees shall be liable to LICENSEE for any damages that may be sustained by LICENSEE through the exercise by the Center of such right. D. LICENSEE shall pay the cost for security, in cash, no later than two weeks prior to the event date. If payment is not received at this time liquor service will not take place. E. Events utilizing alcohol service must provide security. The Center has established minimum-security requirements for events utilizing alcoholic beverage service. Center staff will arrange for security, the number of security required will be determined by the Maricopa County Sheriff’s Office (MCSO). Security is required to be on site from the time the bar service begins until one hour after the liquor service ends. Additional security may be required as determined by Center staff or MCSO. F. Some events may be required to have security on-site during the event as determined by the Center Supervisor or designee. It is the responsibility of the LICENSEE to return their rental space to its original condition. This includes, but is not limited to: A. All items, including rental items, brought into the Center must be removed upon the conclusion of the event. B. No items can be left in the building overnight. Center staff will not take responsibility for any items left unattended. C. All decorations and tape, flowers, trash etc. must be removed and placed into waste receptacles. Any items remaining from the event will be removed by Center staff at the prevailing labor rate, subject to overtime, rates for holidays, etc. and will be charged to the LICENSEE. D. Damage to furnishings, walls, floor, windows or any other surface due to decorations will be charged to the LICENSEE. 8 of 13 FHCC Operating Policies 1/16/2014 Section 19 Housekeeping Services Section 20 Multiple Use Discounts Section 18 No Smoking Policy E. All trash is to be removed from the building and placed in dumpster located behind the kitchen area. F. Excess trash is to be picked up from floors, stage, tabletops, etc. G. Rental items must be removed from the premises during the contracted time. LICENSEE must be on-site to receive/remove rental items. The Center will not be responsible for items brought in from outside vendors. H. If using the kitchen you will receive a copy of the cleaning checklist prior to your event; this checklist should be followed in detail so that the damage deposit may be returned. It is the responsibility of the LICENSEE to pass the information on this checklist to all vendors who will be using the facility during the event. Each event should have a designated person to check out with the Manager on Duty prior to exiting the building. • The Center does not provide towels and/or cleaning supplies. • Kitchen trash cans must be lined with plastic liners, provided by the Center. • Kitchen floor and dock area are to be swept and mopped at the conclusion of the event. • All kitchen work surfaces, sinks, refrigerators and ovens are to be cleaned and wiped down. • All spills are to be mopped up. To avoid stains, notify Manager on Duty of spills immediately. • LICENSEE is responsible for clearing all bar glassware and bottles. • All trash is to be removed from the kitchen and placed in dumpster. LICENSEE or designee is to see the Manager on Duty for approval before leaving the building. I. Removal of items left by the LICENSEE or extraordinary cleaning by Center staff will be charged to the LICENSEE at the prevailing labor rate and is subject to overtime charges. The Center assumes no responsibility for items left in the Center by LICENSEE. It is the responsibility of the LICENSEE to notify all the catering staff of the cleaning requirements. This includes any cleaning of carpet due to spillage or cake cutting. The Fountain Hills Community Center is a no smoking facility. Smoking is allowed only in identified exterior smoking areas. The Center’s custodial staff is responsible for cleaning the lobby, hallways, restrooms and common areas prior to and during the event. Each LICENSEE, lessee, or exhibitor is responsible for the removal of bulk trash, crates, lumber, packing materials, etc. from the facility and surrounding grounds. Arrangements for additional or special trash pick-up can be made through the Center Supervisor. LICENSEE is responsible for any changes incurred. LICENSEE will be charged for the removal of any trash not disposed of by the lessees or exhibitors A. The following organizations are entitled to the Tier 2 multiple use discounts on the basic rental (only) of the facility: Town of Fountain Hills residents when holding a non-commercial event; county, state and federal agencies; non-profit organizations and service clubs, at the discretion of the Center Supervisor. B. To qualify for the Tier 2 discount, an organization must be registered with the United States Internal Revenue Service Section 501(c), 501(d) or 501(e). Appropriate documentation shall be submitted at the time a reservation is made, and all discounts are subject to the approval of the Center Supervisor. Not all 501 organizations, such as trade associations, may be granted the discounted rate. • Town of Fountain Hills sponsored/endorsed committees, commission functions, Town Council and Town departments meetings, Town Parks and Recreation activities may use the Center at no charge as approved by the Center Supervisor. (Tier 1) 9 of 13 FHCC Operating Policies 1/16/2014 Section 21 Broadcasting and Recording Section 22 Move In / Out Section 23 Indemnification Section 24 Concessions Section 25 Date Protection Policy • Civic organizations that donated $10,000 or more to the “Community Center Contribution Fund” to construct the building may use an available conference room or seminar room at no charge for monthly board meetings. C. Any organization that contributes $50,000 to the building may use an available conference room or seminar room at no charge for monthly board, executive or Public Art Committee meetings. D. Groups who meet on a regular basis are entitled to the multiple use discount as set forth in the Center’s Fee Schedule. This arrangement only applies to the regular weekly/monthly meetings that are booked ahead of time on the multiple use contracts. This contract must consist of six (6) or more events scheduled over a twelve (12) month period of time in order to qualify. Any additional meeting, special events, dinners, etc., will be charged the full rental fees. E. Non-profit organizations designated under the Federal Tax Code as 501(c)(3) may be entitled to reduced fees as set forth in the Town of Fountain Hills Municipal Sponsorship and Naming Policy if they satisfy all of the requirements. A. Center reserves all rights and privileges for outgoing broadcasts of any type originating from the Center during the term of the License Agreement. Should Center grant to LICENSEE such privilege, Center has the right to require payment as determined by the Center Supervisor or designee. B. LICENSEE agrees no recording, either audio or visual, of any kind will be made of the event covered by this agreement without the prior written approval of the Center Supervisor or designee. Center has the right to require payment for said privilege. A. For exhibit shows, rental rates are based on a “four wall” basis and include one 6 ft. table and two chairs per booth, heat, air conditioning, general house lighting, and routine janitorial service. B. If electrical is needed prior arrangements with the Center must be made and an additional fee will be assessed. C. The hours of move in and move out for exhibit or trade shows are specified in your License Agreement, with hours no earlier than 7 a.m. and no later than Midnight. All doors are to be secured, and only authorized personnel are permitted in the hall. A. LICENSEE shall procure and maintain insurance for event as specified by Center Supervisor or designee, naming the Town as an additional insured. B. Indemnity: LICENSEE agrees to hold harmless, indemnify and defend the Town of Fountain Hills, the Fountain Hills Community Center, and their respective officers, employees, agents and representatives for, from and against all losses, claims, demands, payments, suits, actions, recoveries, judgments and liability of every kind, nature and description, for injury to persons, including wrongful death or damage to property or both, arising out of or in any way connected with LICENSEE’S use of the Center under the terms of this Agreement. All Concessions are reserved for the Center unless otherwise approved by the Center Supervisor or designee. The Center, in the best interest of all potential Center users, reserves the right to maintain a time period of 30 days between similar types of commercial consumer shows (trade shows, exhibits, family events, musical productions, etc). It is the intent of the Center management to invoke this time separation as a means of ensuring the success of all events held in the Center. 10 of 13 FHCC Operating Policies 1/16/2014 Section 26 Holidays Section 27 Signage Section 28 Electrical and Telephone Services The Community Center building is closed on all major holidays and Friday, Saturday and Sunday during Fountain Hills Art Fair weekends. The Chamber Art Fair takes place the 2nd weekend in November and last full weekend in February. New Year’s Day Veterans Day Martin Luther King Day Thanksgiving Day Presidents Day Day after Thanksgiving Memorial Day Christmas Eve Independence Day Christmas Day Labor Day New Year’s Eve (rates double) A. When major events take place the Town reserves the right to close the Center. B. Services provided on holidays (if available) will be subject to facility overtime charges. Any signage to be located on the Center premises, inside or outside, must be approved by the Center Supervisor or designee as to size, number, quality, content, location, and method of hanging. Outside signage must also fall within the Town’s sign ordinances. By such permission, however, the Center does not accept any responsibility in any manner for content. The Center will remove any unauthorized signs at LICENSEE’S expense. No self-adhering signs are permitted on any surface. The method for hanging signs must conform to the instructions under “Decorations ”. A. Town of Fountain Hills Zoning Ordinance prohibits portable signs and signs located in the public right-of-way. B. The pertinent zoning ordinance section for signs is Section 6.08. It is the responsibility of the LICENSEE to comply with the Town of Fountain Hills Zoning Ordinance. C. General conditions and restrictions: (i) “A” frame temporary signs are allowed as permitted under Section 6.08(B), (M) or (Q). Other temporary or portable signage associated with the event must receive prior zoning approval, be located on-site, may be erected after the permit has been obtained and must be removed within 24 hours after the conclusion of the event. (ii) Signs attached to any public utility pole or structure, streetlight, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench or other location on public property will be removed. LICENSEE will be required to pay all charges incurred for removal and disposal. (iii) No signs, under any circumstance, shall be attached to any public utility structure, traffic control device, street light standard, or similar structure in the public right of way by the LICENSEE, its agents, employees, or persons in any manner connected to the event. (iv) LICENSEE shall be responsible for any and all signage removals by the Center and/or the Town of Fountain Hills. (v) The Town will not provide for LICENSEE promotional services such as advertising, press releases, direct mail, program printing or other promotional resources. (vi) Kiosks located in the Center lobby may be used for notification of upcoming events only if event is scheduled in the facility. An 8 ½” x 11” flyer may be placed in the kiosk when space is available and subject to the prior approval of the Center Supervisor. A. LICENSEE and exhibitors may request electrical services from the Center. All services are provided in-house. Consult the staff for information, additional fees may apply. B. The Center offers limited telephone service for LICENSEE and exhibitors, subject to line availability. 11 of 13 FHCC Operating Policies 1/16/2014 Section 29 Fax and Copy Services Section 30 Audio-Visual Services Section 31 Internet Connections Section 32 Parking/Loading/Move-In Section 33 Abandoned Equipment and Lost or Misplaced Articles C. Payment for utilities ordered must be received seven days prior to move-in. Orders can be paid in lawful money of the United States, approved personal check, money order, or certified check, Visa, MasterCard, Discover, or American Express. Any payments that are returned will be charged a service fee. If utilities are needed the day of the show and have not been ordered ahead, the only form of acceptable payment will be cash, money order or cashier’s check. Regular rate charges will apply. A. The Center offers limited FAX and copy service Monday - Friday 8:00 a.m. to 5:00 p.m. and weekends as staff is available. The FAX unit and copier are housed in the Administration Office. The Center’s FAX number is 480.837.4452. B. Fees for FAX usage and document reproduction will be charged as set forth in the Town fee schedule in effect at the time of use. The Center offers limited audio-visual services. Equipment is available at listed rates. Clients may provide their own equipment, or bring in a contract company of their choice. Any assistance (patch fees, etc.) provided by the Center will be charged at prevailing rates. We do not have on-site IT staff so we recommend testing your equipment prior to the event date. Internet connection services are available in the facility. Contact the Center Supervisor with details regarding the number and type of connections required. Fees will be determined by the Center Supervisor or designee and will be paid by the LICENSEE prior to the event. The Center does not provide on-site technical support. A. All Center patron parking is free and non-reserved. The LICENSEE acknowledges that multiple LICENSEES may occupy the Center simultaneously on any given day. B. The loading area is located on the north end of the building. No parking is allowed in any loading area. Trucks carrying equipment to be used by the LICENSEE may be parked in the loading dock area for active loading and unloading only. Long-term parking of trucks or other vehicles in the loading dock is prohibited except by prior arrangements with the Center staff. C. The Center does not have the ability to store or receive deliveries prior to move in. Please direct rental company, caterer or other transportation companies not to deliver prior to contracted move in times. Early arriving items will be refused. In like manner, all exhibit materials must be removed during move out or consigned to the show decorator. Any exhibit materials remaining at the conclusion of move out are considered abandoned and will be disposed of accordingly. D. Due to Fire Code restrictions, move in or move out activities are not permitted during Exhibit Show hours or while attendees are on the Exhibit Show floor. Exhibitors must park in the designated parking area. Vehicles left on the grounds overnight will require a parking permit. Contact the Administration Office for permits. Any equipment or effects of the LICENSEE or its agents remaining past the expiration of the License Agreement may be deemed abandoned and disposed of by Center staff at the cost of the LICENSEE. The Town shall assume no responsibility for losses suffered by the LICENSEE or its agents that are occasioned by theft or disappearance of equipment, articles or other personal property. The Center’s Reception Desk can 12 of 13 FHCC Operating Policies 1/16/2014 Section 36 Definitions Section 34 Obstructions Section 35 Permits and Licenses be contacted at 480.816.5200 to see if any items have been found. After two weeks any unclaimed items will be discarded or donated. No portions of the fire alarms, fire alarm pull boxes, fire extinguishers, fire hose boxes, AED machine, sidewalks, entries, passageways, doors, aisles, or ways of access to the public utilities of the Center shall be obstructed, or caused to be obstructed, or caused to be used for any purpose other than ingress or egress. Any damage or misuse of any portion of the FHCC shall be the responsibility of the LICENSEE. All events shall be in compliance with the Town of Fountain Hills Fire Codes and Building Safety Codes. The LICENSEE shall contact, register and obtain all necessary licenses and permits required by Federal, State, County, or Town law, and shall permit inspection by appropriate government departments upon request. Anyone doing business within the Town of Fountain Hills is required to obtain a Town Business License. Additional details can be obtained on-line at www.fh.az.gov/licensing-for-businesses.aspx or calling 480.816.5100. The following definitions clarify terms as they are used in this manual: A. Addenda: Addenda stating specific requirements may be added to the License Agreement and are hereby incorporated by reference. B. Caterer: A provider of food and/or beverages to clients of the Center. The commercial Caterer must be an approved caterer as defined in the Center’s License Agreement. C. Center: The Town of Fountain Hills, Arizona, Fountain Hills Community Center and all facilities contained therein. D. Concessions: The sale of convenience items, food items, or beverages at portable or temporary approved locations. Concessions shall not include the sale or distribution of nonfood products or merchandise, which are part of an authorized display or exhibit for which a fixed rental is otherwise charged. All concessions are reserved for the Center unless otherwise approved by the Center Supervisor or designee. E. Center Supervisor: Refers to the Center Marketing and Event Supervisor of the Fountain Hills Community Center. F. Exhibit Show: An event composed of exhibits or displays conducted in any one day or days for assemblages, delegates, registrants, the public, members of a trade or profession, etc. G. Gross Receipts: All revenues of any kind whether for cash or credit whether paid or not received by the LICENSEE in conjunction with admissions to any Center facility less payments made by LICENSEE for admission taxes, excise taxes or sales taxes levied by the Town, county, state or federal government. Gross receipts will include monies received from ticket sales and/or donations, regardless of whether tickets are used by purchaser/ donor. H. Kitchen: The kitchen is designed for preparation work only. It is not a full service-catering kitchen. I. License Agreement: The written agreement entered into between the Fountain Hills Community Center and LICENSEE granting such LICENSEE the use of space at the Center. The written agreement and any addenda shall incorporate, by reference, the provisions of these Operating Policies. J. LICENSEE: Any person, firm, association, organization, partnership, company or corporation entering into an agreement to use the Fountain Hills Community Center facilities. K. Licensor: The Fountain Hills Community Center, Town of Fountain Hills, Arizona. L. Manager on Duty: The manager of the Center who is on duty at the time of the event. M. Tier 1 User: Any Town of Fountain Hills Department or Town sponsored event. N. Tier 2 User: Noncommercial entities. Those organizations not connected with or engaged in commercial enterprise with profit as an end goal. Tier 2 users may include any group with a 501(c), 501(d), or 501(e) status, and where all proceeds are directed to the foundation, 13 of 13 FHCC Operating Policies 1/16/2014 charitable or non-profit organization, community organizations, professional schools and non-profit art organizations. Those living within the Town of Fountain Hills, proof of residence must be provided at the time of booking. Residents may not book on behalf of non- residents as a way of avoiding non-residential rates. O. Tier 3 User: Commercial entities or any person whose residence is not in Fountain Hills. Those organizations, agencies, and/or entities which focus on profit as an end goal. Tier 3 users may include retail corporations, charter and professional schools operating for profit, utility companies, presenters and promoters of performance, seminars, lectures and workshops which operate for profit, trade shows etc. Events where a fee is charged for entry, goods, or services, or the intent is for personal profit or gain by an individual or commercial business. P. Town: Refers to the Town of Fountain Hills, a municipal corporation, or its authorized representative. FHCC Operating Policies 1/16/2014 EXHIBIT A TO THE TOWN OF FOUNTAIN HILLS COMMUNITY CENTER OPERATING POLICIES [Community Center License Agreement] See following pages. A-1 FHCC Operating Policies 1/16/2014 Community Center License Agreement Due Date: THIS AGREEMENT, is made between the Town of Fountain Hills, an Arizona municipal corporation, acting by and through its authorized representative (the "Town") and the party identified in the space provided below (the "Licensee") for use of certain space within the Fountain Hills Community Center located at 13001 North La Montana Drive in Fountain Hills, Arizona (the "Center"). LICENSEE agrees to pay the Town room rental fees as noted above. Payment and signed License Agreement are due at the time this executed Agreement is returned to the Town. If Licensee fails to return this signed agreement and full payment by the ten-day deadline, the dates may be released without notice to Licensee. RENTAL PERIOD: Ballrooms rental fees are charged per hour, with a four hour minimum. Other rooms as noted, and include tables, chairs, one-time set-up, house p.a. system, air conditioning, and general lighting. There is a charge for additional usage. LABOR AND ADDITIONAL FEES: Additional labor is billed at $25/hour; if overtime at $40/hour. Additional charges, plus applicable sales tax, for technical labor, sound and lighting equipment, piano, tuning, dance floor, a/v equipment, electricity, changes to the original set, and/or other equipment or services, will be billed and due upon completion of the event. If any merchandise is to be sold, i.e., tapes, shirts, CD's etc., terms must be negotiated with the Center Supervisor or designee prior to the event and before any sales are made. A $25 administrative fee will be applied beginning with the third amendment to this Agreement. CANCELLATION: Refunds are based on the following: Ballroom Rentals - One-half of ballroom rental fees are non-refundable. If less than 120 days notice, all fees are forfeited. All Other Rooms - Full refund 61+ days prior to event date; one-half refund 30-60 days prior to the event; no refund if less than 30 days prior to the event. If any room is booked within the period of time during which no refund would otherwise be allowed (120 days for a ballroom, 30 days for all other rooms), any cancellation will result in forfeiture of the entire rental amount. DAMAGE DEPOSIT: A damage deposit of Fifty Dollars ($50.00) per ballroom is required for ballroom rentals. Amount of refund will be determined by Center Supervisor or designee upon inspection of the Center immediately following the event. If no damage is found, the damage deposit will be applied to any outstanding charges for rental, equipment or services. Refund, if any, will be returned by mail to the LICENSEE. EVENT CLEAN UP: It is the responsibility of the LICENSEE to return their rental space(s) to the condition it was prior to their event. Refer to the Center Operating Policies for complete details. ALCOHOLIC BEVERAGES: Alcoholic beverage service may be provided by the vendor of your choice, subject to Center staff approval. The liquor provider will have to be licensed through the State of Arizona Liquor Board and have a current Town of Fountain Hills business license. An alcohol permit must be purchased in order to serve any type of alcoholic beverage. Application and fee are required to be submitted to Center staff no later than 30 days prior to event date. Proof of licenses and insurance will be required. SECURITY: Uniformed security is required at events serving liquor. The Town will arrange for security. LICENSEE will pay security provider the current rate of liquor service (four (4) hour minimum). Officers are required to be on site at the time liquor service begins until one hour after the liquor service ends. Payment is required to Center staff in cash no later than fourteen days prior to the event date. Liquor service will not take place if payment has not been made two weeks prior. The number of officers required will be determined by Maricopa County Sheriff’s Office. LIABILITY INSURANCE INDEMNIFICATION: LICENSEE shall procure and maintain insurance for event A-2 FHCC Operating Policies 1/16/2014 as specified by Community Center Director or designee, naming the Town as an additional named insured. INDEMNITY: LICENSEE agrees to hold harmless, indemnify and defend the Town of Fountain Hills, the Fountain Hills Community Center, and their respective officers, employees, agents and representatives for, from and against all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings), for injury to persons (including, but not limited to, wrongful death) or damage to property or both arising out of or in any way connected with LICENSEE'S use of the Community Center under the terms of this Agreement. OPERATING POLICIES: The Center Operating Policies is hereby made a part of this Agreement by reference. LICENSEE must comply with any and all music license requirements under current copyright laws. APPROVAL OF LICENSE AGREEMENT: It is agreed this Agreement will not be in force until both parties have signed it. If not approved, all funds received per this agreement will be refunded to LICENSEE, subject to the cancellation policies in the Operating Policies. ___________________________________________________________ Licensee Name/Company ___________________________________________________________ Licensee Authorized Representative Title ____________________ ____________________ ____________________ Licensee Address ___________________________________________________________ Licensee Signature Date ___________________________________________________________ Authorized Town Representative Signature Date Town Logo FHCC Operating Policies 1/16/2014 EXHIBIT B TO THE TOWN OF FOUNTAIN HILLS COMMUNITY CENTER OPERATING POLICIES [Kitchen/Ballroom Usage Agreement] See following pages. B-1 FHCC Operating Policies 1/16/2014 Town of Fountain Hills Community Center Kitchen/Ballroom Usage Agreement The following are the terms and conditions for use of the Fountain Hills Community Center. Please sign and return to Community Center Staff. Updated 8/15/2013 Page 2 of 6 B-2 FHCC Operating Policies 1/16/2014 Name of Event: Name of Licensee: Room(s) Rented: Times: Name of Caterer: GENERAL RULES AND REGULATIONS All terms and conditions are mandatory and must be fulfilled prior to event. (initial) The Licensee will have access to the Center to set up and clean up within the contracted rental period as stated in the contract. All guests, clients and caterers must depart the premises within rental times as stated in the contract; if rental items, decorations and clients have not exited the premises prior to this time overtime charges will apply. (initial) No items may be left in or on Community Center property overnight. (initial) CONTRACTED SERVICES Choices of a rental company, valet parking services, and other contractual services are all subject to the approval of the Community Center (company names and delivery/pick-up times must be listed on pre-event information form). All rental items must be dropped off and picked up within the rental time as stated in the contract. (initial) Each vendor is required to have current certificate of insurance and business license documents on file with Community Center staff. (initial) PERSONNEL Prior to event, the Licensee and all using kitchen facilities shall be informed and trained as to the Community Center’s property, security and safety concerns, rules and regulations. Key personnel agree to familiarize themselves with the Center policies prior to the event. (initial) Licensee will designate the main point of contact who will be at the Center during the event and who will be responsible to answer questions and assist the Community Center representative in enforcing the regulations. (initial) Please list the name of this representative below. Page 3 of 6 B-3 FHCC Operating Policies 1/16/2014 USE OF COMMUNITY CENTER FACILITIES The Center reserves the right to determine which areas may be used for food and beverage service and for other special activities planned for the event. (initial) Licensee is not permitted, at any time, to utilize Community Center equipment without prior permission of Center staff. (initial) Deliveries and unloading of all items will be made at the rear service entrance on the Northwest side of the building. (initial) Upon loading and unloading equipment, great care should be taken to avoid hitting walls and doorways. All doors must be opened with hands. (initial) All hallways, doorways and other public areas are to be kept clear as per Town fire code. Center staff monitors all areas and will ask for items to be immediately removed if you are in violation. Please notify all vendors of this policy. (initial) Breakdown and clean-up must occur immediately after the guests have departed the Community Center. All rental and décor items must be removed the same night; all areas of the Center used for event must be cleaned and emptied of trash before exiting the property. (initial) All rentals MUST be picked up at the conclusion of the event and must coincide with the given amount of time for clean up. A representative from licensee must be on-site to confirm the pick-up. Should the rental vendor pick-up an order outside of the established time frames; the licensee agrees to pay a $50 per hour fee for the additional time incurred. (initial) To ensure the quality of service, the licensee agrees to the clearing of all bar glassware, bottles or other items throughout the course of the event. (initial) The Center does not provide table linens, glassware, china, cleaning supplies, towels, extension cords or any other “extras”. You are responsible for providing these items at the time of your event. (initial) The ballroom is to be cleared of all items on tables, dance floor, stage and floors. Please clean up any food items on floor in ballroom in order to avoid extra cleaning charges. (initial) One common occurrence resulting in an extra charge is wedding cake in the carpet. Please pay special attention when cutting and serving the cake as this often this requires staff to steam clean the area after the event is over. When this takes place an extra cleaning fee will billed to you at the hourly rate. (initial) Page 4 of 6 B-4 FHCC Operating Policies 1/16/2014 SECURITY AND SAFETY REGULATIONS In case of an emergency, problem, suspicion or concern the licensee should notify the appropriate Community Center staff immediately. During all events serving liquor, a uniformed officer is required to be on property. (initial) All trash, including trash in cans located in any areas used for the event, must be taken out of the building and to the dumpster immediately following the event. (initial) The Community Center reserves the right to inspect all personal property before leaving the Community Center grounds. (initial) FOOD AND BEVERAGE PREPARATION All food and beverage preparation is to be conducted in the kitchen area of the Community Center only. (initial) Kitchen facilities at the Community Center are not to be used for initial food preparation. The space may be used for food warming and work areas, but must be completely cleared and cleaned after each event. (initial) A representative must complete an inspection of the kitchen and banquet areas with a member of the Community Center staff prior to exiting the building to ensure a return of damage deposit. (initial) If prior arrangements are made with the Center staff one refrigerator may be designated for holding only. Refrigerator does not have shelving; rolling racks are available but licensee is responsible for providing the sheet pans for holding necessary items. (initial) The kitchen floor and dock area are to be swept & mopped upon conclusion of the event. The Center will provide broom, mop and water. (initial) All kitchen equipment, counters and sinks must be cleaned out and wiped down before checking out. The Center does not provide towels or cleaning products. (initial) Fryers, charcoal or gas grilling may be allowed on the back dock of the Community Center with prior approval from Center management. The Caterer is not permitted to block any emergency exits or pathways. (initial) All facilities are to be left in the condition they are found. No washing of dishes or glassware in the dishwasher is permitted. (initial) Sturdy, commercial restaurant chafing dishes with stand parallel to the base of the dish are acceptable for food warming and buffet services. (initial) Page 5 of 6 B-5 FHCC Operating Policies 1/16/2014 OPEN FLAMES Sterno fuel for chafing dishes will be permitted under the following conditions: Sterno fuel may be used with commercial restaurant chafing equipment only. (initial) Open flames are not permitted in the Center per Town fire code; all candles must be enclosed in fireproof container where flamed does not exceed the height of said container. Table votives and hurricane lamps are permitted with prior approval. (initial) DECORATIONS AND EQUIPMENT The Fountain Hills Community Center does not have an area for storage of personal belongings or rental equipment. All deliveries of supplies or equipment must be the same day of the event; delivery times must be coordinated with event staff. All rental items, décor, trash etc. must be removed from the facility immediately following the event. (initial) Decorations are limited to table set-ups and decorative props with prior approval from the Center management. Mylar balloons, confetti, rice or glitter are not permitted in the Center. Any clean up of these items will result in an extra charge of $25 per hour per staff member to the Licensee. (initial) LIQUOR POLICY An alcohol permit must be completed and approved by the Director in order to serve any type of alcoholic beverage inside of the Community Center building; there is no fee for the application. Application is required to be submitted to Center staff no later than 30 days prior to event date. (initial) Alcoholic beverage service may be served by the vendor of your choice, subject to Center staff approval. The service will have to be licensed through the State of Arizona and the Center must receive proper documentation prior to event date. (initial) Only the vendor/designee is allowed to bring alcohol into the facility. There must be a designated licensed bartender responsible for serving the alcohol at all times. At no time can guests help themselves to liquor. There are no open bottles allowed on tables. (initial) At no time are guests allowed to bring in their own alcohol. Control of the liquor is crucial and any infraction will result in the closing of your event immediately upon warning and non-compliance. (initial) Liquor can be served only within the hours of noon to 10 p.m. (initial) Page 6 of 6 B-6 FHCC Operating Policies 1/16/2014 Please make sure your caterer has a copy of the cleaning information. As the licensee you are ultimately responsible for the facility. If any extra cleaning is necessary your account will be charged immediately following the end of the event. (Representative) (Community Center Representative) (Date) (Date) Please list below all vendors who will be in the building on the day of your event: This includes caterer, DJ, florist, baker, and photographer. Company Name Main Contact Phone Time In FHCC Operating Policies 1/16/2014 EXHIBIT C TO THE TOWN OF FOUNTAIN HILLS COMMUNITY CENTER OPERATING POLICIES [Decorating Guidelines] See following pages. C-1 FHCC Operating Policies 1/16/2014 Fountain Hills Community Center Decorating Guidelines We want your event to be as successful as you do. Here are a few guidelines to help you achieve your decorating goals, while keeping within the requirements of the Community Center. You may decorate the rooms you have rented providing you observe the guidelines listed below. You may request permission from the Center Staff to decorate hallways, lobby areas, restrooms or any other non-leased areas. Section 12 of The “Community Center Operating Policies,” which you received as part of yourLicense Agreement, lists complete decorating information. Set Up Time When renting the ballroom, set up and cleanup activities are considered part of the scheduled time. The time required for set up must be coordinated with Center Staff. Extra set up time is available at an additional charge. Table Sizes The Community Center does not supply tablecloths, napkins or skirting. We provide 60” round banquet tables. A limited number of 72” round tables are also available. Buffet tables are 72” long x 30” wide. Balloons No helium filled balloons are permitted without prior approval from the Center Supervisor or designee. Mylar balloons are not allowed. Helium tanks must be on approved carts or bases. In special circumstances, balloons that are secured to exhibit booths or architectural features may be allowed with the prior approval of the Center Supervisor or designee. In such an event, the Licensee will remain responsible for the cost of retrieving any stray balloons. Peanuts in the shell, sunflower seeds, rice, glitter or confetti are not permitted in the facility. A cleaning service charge will be levied should such items be brought on site for an event. Confetti & Glitter Confetti, glitter, rice, peanuts in the shell or sunflower seeds are not permitted in the facility. A cleaning service charge will be levied should such items be brought on site for an event. Candles & Open Flames All decorations must be flame retardant. Proof of a satisfactory flame-retardant treatment may include a field flame test. Certain plastic materials cannot be made flame retardant, in which case their use is prohibited. Candles must be pre-approved by the Center Supervisor and must be in compliance with the Town Fire Code. Town Fire Code prohibits open flames unless in approved containers. Open flames are not permitted. Tape, Pins, Staples No decorations shall be allowed on any glass surface in the facility. No pins, staples or similar fasteners are permitted on curtains or stage and table skirting. Pins, tacks, or staples used on tack board surfaces must be removed at the conclusion of the event. No self-adhering decorations are permitted on any surface. On surfaces other than glass and tack board, decorations may be applied only with painter’s blue masking tape after approval is obtained from the Center Supervisor or designee. Any signs or decorations attached with tape other than painter’s blue masking C-2 FHCC Operating Policies 1/16/2014 tape may be charged with an appropriate surface repair fee. Licensee may apply decorations only in those rooms rented and may not include hallways, lobby areas, restrooms, or any other area unless approved by the Center Supervisor or designee. Any type of tape to be applied to the floor (including any brand of double-faced carpet tape) must be approved in advance by the Center Supervisor or designee. Licensee is forewarned that many brands of double face tape do not come off the floor and the cost for clean-up will be billed to the Licensee.. Under no circumstances may decorations be stapled onto or into any tables owned by the Center or onto or into any walls. Special Effects Bubble machines are not allowed anywhere within the building. All other special effects must be approved by the Community Center Staff. The Party’s Over Following the close of the event, the LICENSEE must remove all decorations and tape and place them into waste receptacles. Any decorations or tape remaining from the event will be removed by the Center staff resulting in charges that will be billed at the prevailing labor rate (subject to overtime rates for holidays, after midnight, etc.). Any damage to walls, floors, windows, or any other surface or furnishings due to decorations will be charged to the LICENSEE. All items, including rental items, brought into the Center need to be removed from the building immediately following your event. FHCC Operating Policies 1/16/2014 EXHIBIT D TO THE TOWN OF FOUNTAIN HILLS COMMUNITY CENTER OPERATING POLICIES [Community Center Food Service; Kitchen Policies / Procedures] See following page. D-1 FHCC Operating Policies 1/16/2014 Community Center Food Service; Kitchen Policies / Procedures Licensee is required to use a licensed and insured Caterer for all food and beverage needs. Proof of the Caterer’s business license and insurance policy must be received no later than two weeks prior to event date. All arrangements for catering services shall be made directly with the Caterer. It is the responsibility of the Licensee to convey the cleaning requirements to all vendors who will be working in the building on the day of the event. A Caterer who initially contracts a food event in the Center for a specific day may have the right to serve other meals in the Center for that day. The Center Supervisor must approve any variance. The kitchen at the Fountain Hills Community Center is classified as a “Service Kitchen”, under the Maricopa County’s Environmental Health Division • A “Service Kitchen” means and refers to a food service establishment (Community Center) that operates in conjunction with Maricopa County licensed and insured caterers. • The caterer must use an approved central kitchen in a permitted food establishment and shall be operated and maintained in compliance with the appropriate provisions of the Maricopa County Environmental Health Division. Licensed Caterers: 1. Must be in possession of a valid Maricopa County Food Permit. 2. Are not allowed to cook at the Community Center. 3. Are allowed to bring in cooked and prepared food from an approved off-site central kitchen. 4. Can plate and re-heat/cool items before serving. 5. Will provide an intended menu. 6. Any cutting, slicing, chopping, etc., shall be done in an approved off-site central kitchen. 7. No knives, other than silverware, can be brought to the Community Center kitchen. 8. Are allowed to prepare coffee and/or tea on site. 9. Prior to utilizing the Community Center kitchen all County licensed caterers are to provide a copy annually of their license and a copy of their insurance. FHCC Operating Policies 1/16/2014 EXHIBIT E TO THE TOWN OF FOUNTAIN HILLS COMMUNITY CENTER OPERATING POLICIES [Town of Fountain Hills Community Center Liquor Policy & Procedures] See following pages. E-1 FHCC Operating Policies 1/16/2014 Town of Fountain Hills Community Center Liquor Policy & Procedures 1. An alcohol permit must be completed and approved by the Center Supervisor in order to serve any type of alcoholic beverage on the premises of the Center; there is no fee for the application. Application is required to be submitted to Center staff no later than 30 days prior to event date. 2. Alcoholic beverage service may be provided by the vendor of your choice, subject to Center staff approval. Those serving liquor will be required by state law to be licensed through the State of Arizona and to have a Town of Fountain Hills Business license. Proof of bartender certification must be provided to the Center staff no later than ten days prior to event date. Proof of liquor and business licenses will be required no later than two weeks prior to event date. If the appropriate paperwork is not provided, alcohol service will not take place, NO EXCEPTIONS! 3. D. Only the vendor or authorized designee holding the approved alcohol permit is allowed to bring alcohol into the facility. There must be a designated licensed bartender responsible for serving the alcohol at all times. At no time can guests help themselves to liquor. There are no open bottles allowed on tables. At no time are guests allowed to bring in their own alcohol. Control of the liquor is crucial and any infraction will result in the closing of your event immediately upon warning and non-compliance. 4. Liquor can be served only between the hours of noon to 10:00 p.m. 5. Licensee, except non-profit entities with a Special Event Liquor License, will not be able to sell liquor at events. Only hosted liquor service is allowed. (No cash bars) 6. Non-profit entities will be able to hold a liquor event through a Special Event Liquor License processed through the State of Arizona Liquor Division and approved by Town Council. This process typically takes two months at a minimum so applications will need to be filled out in a timely manner. Each Special Event Liquor License application is subject to a fee. E-2 FHCC Operating Policies 1/16/2014 7. Non-profit entities, who apply for a Special Event Liquor License, must adhere to Statute (Ariz. Rev. Stat. § 4-203.02) which allows non-profit groups to sell alcohol; however, there are several restrictions for those events. Those restrictions are: • The entity must apply with the Department of Liquor for a Special Event Liquor license. • The entity must purchase alcohol from a liquor wholesaler or have it donated. • The entity must receive at least 75% of the gross receipts from the event, up to 25% of the gross receipts of a special event may be used to pay reasonable and necessary expenses incurred in connection with the event. 8. Additional information on Special Event Liquor Licenses may be obtained from the AZ Department of Liquor Licenses and Controls website. http://www.azliquor.gov/series15.cfm 9. Consumption of beer, wine or spirits shall only occur within the Center premises and outdoor patio area. No person or entity may bring opened containers of beer, wine, or spirits outside of these designated areas. 10. The Center management reserves the right to restrict service of beer, wine, or spirits to any person or event if determined it is in the best interest of the public and the Center. 11. Licensee shall conform to all the state and local laws, and the Center Operating Policies governing the serving and consumption of beer, wine and spirits. Violation of any of the provisions related to the sale, use or consumption of liquor affords the Center the right to impose restrictions and penalties, including, but not limited to, the cancellation or termination of the event without notice at the discretion of the Center Supervisor or designee. 12. The Center will require, at Licensee’s expense, security personnel as may be determined to be appropriate for the event and as set forth in Section 16 on the Center Operating Policies. Center staff will contract with Maricopa County Sheriff’s Office for all security needs. Security is required from the time liquor service begins until one hour after liquor service has ended. 13. The Licensee signing the permit is responsible for upholding all policies regarding liquor service. Failure to adhere to these policies will result in a revocation of the alcohol permit and no liquor will be allowed into the Center. TOWN OF FOUNTAIN HILLS OFFICE OF TOWN MANAGER INTER OFFICE MEMO TO: Mayor & Town Council FR: Ken Buchanan, Town Manager Vj { DATE: December 5, 2013 RE: 2013/14 Strategic Planning Priority Goals & Operational Priority Goals Below is a brief summary of the accomplishments of the last Council Retreat held in 2012. Also, please find a draft agenda with recommendations of the Town Manager on Operational Priorities to consider for 2014/15. If any other priority is in need of further Town Council consideration, do not hesitate to discuss the matter with me at your earliest convenience. We are also requesting further Town Council consideration of Strategic Plan Goal priorities. A complete packet will be forthcoming explaining in greater detail the priority items. As you know, the Mayor and Town Council held a goal setting retreat in February 2012, again in August of 2012, and a budget session in February of 2013. Many of the goals were placed into the 2012/13 Annual Budget and again in the 2013/14 Annual Budget. Twelve Strategic Plan Goals were established. Seven Operational Priorities were also established from among twenty-one (21) items discussed. The prioritization effort assisted the Town Manager and Executive Staff in developing a proactive and aligned operational work program. The seven (7) Operational Priorities and their current status are: 1. Pavement Management Plan - Adopted/Implemented 2. Economic Development Plan - Adopted/Amended/Implementing 3. Fountain Lake IGA - Currently in negotiations 4. Community Partnership Funding Policy - Addressed in two Annual Budgets 5. Fire Station #2 - Currently under analysis 6. Town Prosecutor - addressed/Professional Services Contract completed 7. Volunteer Program - Placed under the administration of Town Manager The Strategic Plan Goals established as priorities in the 2013/14 Annual Budget and their current status are: 1. C3 - Solicit Public/Stakeholder Feedback as part of the decision-making process. Every effort has been made with existing personnel and current technology to solicit public/stakeholder feedback as part of the decision-making process. Citizen advisory commissions have contributed input regarding a number of projects, e.g., PSAC for Fire Station relocation; SPAC for the Economic Development Plan; MMPC for trails; CCAC for review of center rules. 2. EV1 - Develop a comprehensive economic development strategy for the town's future and work with partners to forward economic growth and awareness. Completed and adopted: attempting to implement. 3. EV2 - Develop and maintain a balanced, equitable, sustainable and local financing structure to support the Town’s core government services at desires service levels. The existing and future revenue projections are at a tipping point to be able to adequately fund core services and maintain the public’s infrastructure and facilities. 4. EV 4 – Promote Retention, expansion and relocation of quality businesses. Adopted with Economic Development Plan; implementing. Hiring a Part Time Economic Development Specialist. 5. I2 – Lower the reliance on state revenues by developing a locally controlled, reliable funding source for infrastructure maintenance; and I9 – Build a protected fund to finance the major periodic maintenance of community facilities. Vehicle License Tax (VLT) fund has been moved from the General Fund into a dedicated fund for Pavement Maintenance. 6. I9 – Build a protected fund to finance major periodic maintenance of facilities. This is a priority yet to be addressed due to budget constraints. Ideally, this would be a program similar to the Vehicle Replacement Fund with schedules for maintenance and replacement projects concerning municipal facilities. 7. CR7 – Communicate the role of local government and clearly define the trade-offs between service levels and amenities and the associated costs so residents can make informed choices. Town staff has acted as a “Speakers Bureau” at many of the social and fraternal organizations discussing the “state of the town.” 8. CR2 – Discover, recognize and utilize the talents of our citizens and use these assets to address community needs; CR3 – Foster a culture of public service and volunteerism. There are 26 volunteer programs with over 700 volunteers involved to date. 9. R2 – Provide and interconnected, multi-use trail and bicycle system that promotes active living, physical activity, education and appreciation of our parks and natural resources. This was addressed with the FIT Trails Program; Master Plan of all bike ways/routes, pedestrian paths and trails. 10. I3 – Maintain a current condition assessment of all roadways and sidewalks and prioritize and implement maintenance efforts to minimize costly reconstruction. The 2009 road condition Stantec Report remains valid. The Pavement Management Plan has been initiated as adopted by Council. A pavement Replacement Plan has yet to be programmed with an adequate and dedicated funding source. 11. C2 – Support Community events and activities that create opportunities to build community and friendship. A plethora of community events are offered on the Community Services Calendar such as can be provided with existing budget and staff. 12. CR1 – Foster an environment of accessible, responsive governance. Ongoing. 13. CR6- Evaluate customer satisfaction with Town services on a regular basis and implement appropriate service improvements. On a citizen and stakeholder complaint basis, service is frequently reviewed and improvements implemented. 14. Other – Consider a bond issuance for the construction of Fire Station #2. Budgeted in the CIP for the 2015 Annual Budget with existing capital revenues. Pavement Management Program Economic Development Plan Fountain Lake IGA Public Safety/Fire Station #2 Facility Reserve Fund Recommended FY2014-15 Operational Priorities 1962907.7 TOWN OF FOUNTAIN HILLS, ARIZONA TOWN COUNCIL RULES OF PROCEDURE AMENDED AND RESTATED NOVEMBER 7, 2013 i 1962907.7 TABLE OF CONTENTS SECTION 1. RULES OF PROCEDURE/AUTHORITY..........................................................1 1.1 PROCEDURES.....................................................................................................1 1.2 PRESIDING OFFICER ........................................................................................1 1.3 PARLIAMENTARIAN ........................................................................................1 1.4 SUSPENSION OF THE RULES ..........................................................................1 SECTION 2. DEFINITIONS .......................................................................................................2 2.1 AGENDA ..............................................................................................................2 2.2 AGENDA PACKET .............................................................................................2 2.3 CONSENT AGENDA ..........................................................................................2 2.4 COUNCIL .............................................................................................................2 2.5 COUNCIL RULES ...............................................................................................2 2.6 MEETING.............................................................................................................2 2.7 NEWSPAPER .......................................................................................................3 2.8 NOTICE ................................................................................................................3 2.9 QUORUM .............................................................................................................3 2.10 TOWN...................................................................................................................3 SECTION 3. MEETINGS ............................................................................................................3 3.1 REGULAR MEETINGS ......................................................................................3 3.2 ADJOURNED MEETINGS .................................................................................4 3.3 SPECIAL MEETINGS .........................................................................................4 3.4 WORK SESSIONS ...............................................................................................4 3.5 EXECUTIVE SESSIONS .....................................................................................4 3.6 EMERGENCY MEETINGS ................................................................................4 3.7 MEETINGS TO BE PUBLIC ...............................................................................5 3.8 MINUTES OF MEETINGS .................................................................................5 SECTION 4. NOTICE AND AGENDA ......................................................................................6 4.1 POSTING NOTICES ............................................................................................6 4.2 AGENDA PREPARATION .................................................................................6 4.3 DISTRIBUTION OF NOTICES AND AGENDAS .............................................8 SECTION 5. ORDER OF BUSINESS ........................................................................................9 5.1 ORDER OF BUSINESS .......................................................................................9 5.2 REGULAR MEETINGS ......................................................................................9 5.3 SPECIAL MEETINGS .......................................................................................14 5.4 WORK SESSION MEETINGS ..........................................................................14 ii 1962907.7 SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING ................................15 6.1 CALL TO ORDER .............................................................................................15 6.2 PARTICIPATION OF PRESIDING OFFICER .................................................15 6.3 QUESTION TO BE STATED ............................................................................15 6.4 RULES/DECORUM/ORDER ............................................................................16 6.5 TELECONFERENCE PROCEDURE ................................................................17 6.6 ADDRESSING THE COUNCIL ........................................................................17 SECTION 7. CONFLICT OF INTEREST ...............................................................................20 7.1 INTRODUCTION ..............................................................................................20 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS ..........................................21 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF1 INTEREST LAW................................................................................................21 7.4 DISCLOSURE OF INTEREST ..........................................................................21 7.5 WITHDRAWAL FROM PARTICIPATION .....................................................21 7.6 RULE OF IMPOSSIBILITY ..............................................................................21 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN ..................................21 7.8 SANCTIONS FOR VIOLATIONS ....................................................................22 7.9 NON-STATUTORY CONFLICTS OF INTEREST ..........................................22 SECTION 8. CODE OF ETHICS .............................................................................................22 8.1 OBEY LAWS .....................................................................................................22 8.2 DEMOCRATIC LOCAL GOVERNMENT/LEADERSHIP .............................22 8.3 SERVICES ..........................................................................................................22 8.4 RELATIONSHIPS ..............................................................................................22 8.5 FUNCTION OF LOCAL GOVERNMENT .......................................................23 8.6 SERVICE TO THE COMMUNITY ...................................................................23 8.7 PERSONAL BENEFIT/PROFIT .......................................................................23 8.8 FAIR CONDUCT ...............................................................................................24 8.9 PROMOTE UNDERSTANDING/RESPECT/TRUST ......................................24 SECTION 9. BOARDS, COMMISSIONS AND COMMITTEES .........................................24 9.1 REGULARLY SCHEDULED OR UNSCHEDULED ......................................24 9.2 SELECTION .......................................................................................................25 9.3 RECOMMENDATION ......................................................................................28 9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS ........................................................28 9.5 TERMS, VACANCIES, REMOVAL.................................................................29 9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW ....................30 9.7 RESIDENCY REQUIREMENTS ......................................................................30 1 1962907.7 SECTION 1. RULES OF PROCEDURE/AUTHORITY 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, 10th 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. 2 1962907.7 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 than 72 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 made available electronically to the Council or to any citizen on the Town’s website: www.fh.az.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 one roll call 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 on the Agenda. 2.4 COUNCIL Collectively, the Mayor and Common Council of the Town of Fountain Hills. 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 3 1962907.7 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. 2.8 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. 2.9 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. With a seven-member body, a quorum is four Members, unless otherwise specifically authorized by State law. 2.10 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 Thursday of each month at 6:30 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. All regular Meetings shall be held at the Town Hall Council Chambers or at such place 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. 4 1962907.7 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. In the case of an actual emergency, a Meeting may be held upon such notice as is appropriate to the circumstances. 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 Meeting to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such special Meeting. 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 Meetings, other than general consensus or conveying direction to staff for further action. These Meetings 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. 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 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.” 5 1962907.7 3.7 MEETINGS TO BE PUBLIC A. Open to Public. With 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 (Call to the public) 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 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; 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 is compiled and entered into the permanent Minute 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. 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 and work-study Meetings of the Council, Boards, Commissions, and Committees are made available through the Town’s Web Site, www.fh.az.gov within two working days following their approval, or as provided by State law. 6 1962907.7 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. 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 [www.fh.az.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 no less than 72 hours 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. Agendas and Agenda packet materials are made available through the Town’s web site. 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): 1. All Departments: Preparation of the Agenda Action form with signatures of the department director and staff (including all attachments) provided to the Town Clerk for submittal to the Town Manager not later than two business days prior to Agenda Packet preparation day (the Thursday prior to Meeting date). Town Manager approves/amends items and signs off, finalizing the item for inclusion in the Agenda Packet. 7 1962907.7 2. Mayor and Councilmembers: The Mayor or three Councilmembers may direct the Town Manager through a written request to place an item on an Agenda for action. Any Councilmember may direct the Town Manager to place an item on a future Agenda during the “Council Discussion/Direction to Town Manager” portion of a Meeting for discussion relating only to the propriety of (i) placing such item on a future Agenda for action or (ii) directing staff to conduct further research and report back to the Council. 3. Town Manager and Town Attorney: The Town Manager or Town Attorney may place an item on the Agenda by including appropriate documentation. 4. Citizen or Group: A citizen or group may apply to have an item placed on the Agenda as follows: a. Obtain a “Scheduled Public Appearance/Presentation” form from the Town Clerk and, when completed, return it to the Town Clerk for submission to the Town Manager. b. The Town Manager or authorized designee shall research the issue to determine if it may be handled administratively or will require Council discussion. If it is determined that the matter should be placed before the Council, the Town Manager shall ensure that documentation, if any, is compiled and the material included in the Agenda Packet. If the Town Manager determines that the subject should not be placed on the Agenda, an individual wishing to have an item on the Agenda as a “Scheduled Public Appearance” may (i) ask that the request be forwarded to the Mayor for consideration or (ii) obtain the written request of three members of the Council to place the item on the Agenda, and submit that request to the Town Manager. c. The Town Manager may postpone the requested appearance/presentation date, if additional staff time is needed to research a proposed Agenda item. 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 calendar days prior to regular and special Meetings to ensure timely delivery to Councilmembers. 2. Agenda items for Work-Study Meetings 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. 8 1962907.7 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. 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 hours prior to the Meeting to ensure proper coordination and preparation. 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 discussion, 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 Councilmembers electronically, generally seven days before Regular Meetings and five days before Work-Study Meetings; 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 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 hour posting deadline will be announced by the Mayor at the beginning of the meeting at which the item was scheduled. 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 9 1962907.7 Meeting electronically, not less than 72 hours 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.fh.az.gov and made 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 72 hours prior to such meeting. In exceptional circumstances, such Agenda may be amended up to, but not less than, 24 hours prior to the designated Meeting, unless otherwise authorized by State Law. Amended Agendas shall indicate the date amended. 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 in the following order: AGENDA Call To Order & Pledge Of Allegiance Invocation/Moment of Reflection Roll Call Mayor’s Report (including proclamations) Scheduled Public Appearances/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 one roll call vote of the Council. All motions and 10 1962907.7 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 on the Agenda. Action Items (grouped by subject to the extent possible) Council Discussion/Direction to Town Manager (Items for future Agendas) Summary of Council Requests and Report on Recent Activities by Town Manager Adjournment 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 (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. A. Roll Call. 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 authorized 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 shall be: Mayor, Vice Mayor and then Councilmembers from the Mayor’s far right to the Mayor’s far left. B. Mayor’s Report. The Mayor may use “Mayor’s Report” to read proclamations or conduct other ceremonial matters as listed on the posted Agenda. C. Scheduled Public Appearances/Presentations. The process set forth in Subsection 4.2(B)(4) above applies to members of the public or groups wishing to place an item on the Agenda under “Scheduled Public Appearances/Presentations”. If the request is approved by the Town Manager, the item will appear on the agenda. The Town Manager shall endeavor to limit the total time for such presentations to ten minutes individually and 30 minutes collectively per Council meeting. Councilmembers may use “Scheduled Public Appearances/Presentations” section to provide an update of official activities, as listed on the posted Agenda. D. Call to the Public. 1. All citizens and interested parties will be limited to a maximum of three minutes to address the Council on a non-Agenda item. 11 1962907.7 2. All citizens and interested parties wishing to speak before the Council shall fully complete a speaker’s request form. Speaker Cards 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 Speaker Card. The Town Clerk will announce the number of cards received, if any, and number received per category. 3. At the conclusion of each citizen’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 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 will signal that there is no longer any remaining time. E. 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 a roll call 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 in their normal sequence as listed on the Agenda, unless called out of sequence as provided under Section 1.4 (Suspension of the Rules) above. F. 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 12 1962907.7 speak. The Mayor or the Town Clerk, or authorized designee, will then call the speaker cards of those citizens desiring input and comments. All citizens and interested parties wishing to speak before the Council shall fully complete speaker request forms and submit the forms to the Town Clerk, or authorized designee, prior to Council discussion of that Agenda item. Sufficient speaker 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 speaker 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 summarized and included in the meeting minutes. Speakers will be called in the order in which the speaker cards 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. 2. Those speaking before Council will be allowed three contiguous minutes to address Council, but time limits may be waived 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. 3. 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. 4. 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. 13 1962907.7 5. 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 and, if appropriate, ask the staff to provide a report of the matter. b. The Presiding Officer will then ask the applicant to speak regarding the matter. c. At the conclusion of the staff report and/or presentation by the applicant, the Presiding Officer will open the public hearing for comments from the public. 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 comment, the Presiding Officer will call for action on the motion. g. Exhibits, letters, petitions, and other documentary items presented or shown to the Council on a public hearing item become part of the record of the public hearing and shall be maintained by the Town Clerk. h. 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 ½” 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. 6. 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, but in no event to less than three minutes per topic. Upon approval of (a) the Presiding Officer or (b) a majority of the Council, persons may be allowed 14 1962907.7 to speak longer than three minutes. Councilmembers may ask the individual speaker questions through the Presiding Officer. 7. 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 Town Manager. The Council may (1) give direction to the Town Manager to follow-up on matters presented at that Meeting, (2) to bring an item before the Council on a future Agenda for discussion and possible action, or (3) direct staff to conduct further research and report back to the Council. H. Summary of Council Requests and Report on Recent Activities by Town Manager. At the conclusion of the Council Discussion/Direction to Town Manager, the Town Manager shall review with the Council all matters raised at that Meeting requiring follow-up from the Town Manager or Town staff. The Town Manager may also suggest timelines for such follow-up. I. Adjournment. The open, public Meetings 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 session Meetings 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 15 1962907.7 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 session Meetings 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 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 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 to 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. 16 1962907.7 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. 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. 17 1962907.7 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 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. 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 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 citizens wishing to address the Council shall complete and submit a speaker’s 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. 18 1962907.7 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 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 19 1962907.7 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 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 20 1962907.7 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. 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. 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. b. Should a Councilmember fail to vote 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. 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 21 1962907.7 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 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 below. 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 22 1962907.7 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 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, we 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. 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. 8.3 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. 8.4 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. 23 1962907.7 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. 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. 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. 8.7 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. 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 of other assistance is (i) directly related to their participation in community events as 24 1962907.7 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. 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. 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. Parks and Recreation Commission 3. McDowell Mountain Preservation Commission 25 1962907.7 4. Community Center Advisory Commission 5. Public Safety Advisory Commission 6. Senior Services Advisory Commission 7. Strategic Planning 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 shall include a request for: 1. A cover letter of interest. 2. A resume. 3. The “Background and Personal Data Outline” application that describes the applicants’ skills, experience, and education background needed to ensure the successful filling of the vacancy. 4. Responses to the supplemental questionnaire specific to a board, commission, or committee application, if such questionnaire is included. 5. The consent to executive session form. 6. 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). However, such member shall submit in writing, on a form provided by the Town Clerk 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)(5). The member may include any 26 1962907.7 new or additional information that is relevant to the original application already on file. B. Advertising/Timing and Location. Staff liaisons 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. The Town’s official posting sites as listed in Section 2-4-3 of the Fountain Hills Town Code. The staff liaison shall be responsible for submitting to the Town Clerk’s office the Affidavit of Established Posting. The downloadable application packet will be placed on the Town’s website for public access with hard copies made available to the public through the 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 meet. 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. 9. The dates of publication in the local paper. D. Staff Review. Individuals applying for boards, commissions, or committees must submit to the appropriate Staff Liaison those items as listed in Subsection 9.2(A) above by the published deadline. The Staff Liaison will review the application(s) 27 1962907.7 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. 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 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 submit the agenda action form to the Town Clerk 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 staff liaison shall notify appointees as to their appointment. 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 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, (2) taking the “oath of office” prior to attending their first board, commission, or committee meeting, (3) reading and signing the ethics policy, (4) the Open Meeting Law Letter advising of the State’s requirement for a person elected or appointed to review Arizona’s Open Meeting Law materials at least one day before the day that person takes office, (5) all official literature, 28 1962907.7 agendas, minutes, or other materials specific to their appointment and (6) information relating to the Town’s annual Arizona Open Meeting Law training. 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 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. 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 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 29 1962907.7 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 three 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 four 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. 30 1962907.7 F. Removal. Any board, commission, or committee member may be removed as a member to that board, commission, or committee upon a vote of not less than four Councilmembers for any cause as determined by the Council. 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. 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 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 any new 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. Issue 1 - January 10, 2014 Legislative Overview On Monday, January 13, the second regular session of Arizona's 51st Legislature will convene. Any mayors, councilmembers and municipal staff attending the Opening Day ceremonies are welcome to use the League as their "base of operations" throughout the day. In addition to the excitement and activity associated with welcoming returning legislators, Governor Jan Brewer will deliver her annual State of the State Address. Although the specifics of the governor's speech are unknown, it is expected to include the topic of Child Protective Services and the thousands of unresolved cases. Of particular interest to municipalities, it is expected that the Governor will unveil details about her proposal to provide some manner of tax exemptions for the electricity used by large-scale manufacturers. At this point no specifics are available on the proposal; the League will provide greater information and analysis in the coming weeks as more details are made available. Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. These are established by rule and are subject to change. This year, the schedule is as follows: January 2014 Monday, the 13th - First day of session Thursday, the 16th - House 7-bill Introduction Limit Begins (5 p.m.) February 2014 Monday, the 3rd - Senate Bill Introduction Deadline (5 p.m.) Monday, the 10th - House Bill Introduction Deadline (5 p.m.) Friday, the 21st - Last Day to hear bills in the chamber of origin March 2014 Friday, the 21st - Last Day to hear bills in the opposing chamber April 2014 Tuesday, the 22rd - 100th Day of Session Page 1 of 2League of Arizona Cities and Towns - Legislative Bulletin 1/13/2014http://www.leagueaz.org/bulletin/14/140110/index.cfm?a=print Monday Teleconferences The League will continue to host a weekly teleconference to report on the status and impact of various legislative bills in the 2014 session. The calls are scheduled for Monday mornings promptly at 10:00 a.m. Mayors, managers and other city or town staff who are interested in legislative activities are invited to participate. Call-in numbers and a brief agenda will be sent out prior to the calls, the first of which is scheduled for this Monday, January 13. If you would like to receive the Monday agendas, please contact league@azleague.org and request to be added to the distribution list for the Monday teleconference. Legislative Bulletin The League will electronically distribute the legislative bulletin every Friday during the legislative session. The bulletin serves as a way for the League to communicate to elected officials, staff and other interested parties about activities at the Legislature with relevance to cities and towns. If you know of any municipal official or staff member that would like to subscribe to the bulletin please have them send their name and email to league@azleague.org and request to be added to the legislative bulletin distribution list. This year will see the continuation of the more streamlined format introduced last year. Rather than provide a detailed narrative description and update on all municipally-related legislation that saw action during the prior week, the Bulletin will highlight only the top half-dozen or so topics and bills. Other legislation that the League is actively engaged on will still be monitored and updated; however, that information will be available on our Legislative Bill Monitoring page on the League website. The Bulletin will link to the legislation that has been updated in our Legislative Bill Monitoring Section. We hope these changes make it more convenient for you to keep up to date on the latest legislative activities, while still providing a resource for more detailed information. Legislative Intern The League is pleased to welcome Cyrell Ritivoy as its new legislative intern for the 2014 session. Cyrell's background is in management and customer service. She is currently pursuing her bachelor's degree in both Justice Studies and Family and Human Development from Arizona State University. Cyrell will be assisting the League's legislative staff for the duration of the spring 2014 semester. Your Voice The 2014 edition of Your Voice at the Capitol, our listing of senators and representatives, is available here. Please use this document to access your delegation. Early contact with your legislative delegation is strongly recommended in order to establish a relationship with the elected officials representing your district. Maintaining good communications with your legislators provides them with invaluable insight as to how proposed legislation may affect their communities. Additionally, you can contact our legislative division at (602) 258-5786 or email using the information below: René Guillen, Jr., Legislative Director: rguillen@azleague.org Ryan Peters, Legislative Associate: rpeters@azleague.org Dale Wiebusch, Legislative Associate: dwiebusch@azleague.org Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Page 2 of 2League of Arizona Cities and Towns - Legislative Bulletin 1/13/2014http://www.leagueaz.org/bulletin/14/140110/index.cfm?a=print