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
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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.”
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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)
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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,
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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
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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.
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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
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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.
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