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Home My WebLink About141204Pz:\council packets\2014\r141204\141204 public notice - picture. rehearsal.reception.doc PUBLIC NOTICE PICTURES, REHEARSAL and RECEPTION Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Cassie Hansen Councilmember Henry Leger Councilmember Alan Magazine Vice Mayor Cecil A. Yates A majority of the Fountain Hills Town Council, Board and Commission members may be present at events to be held at Town Hall, located at 16705 E. Avenue of the Fountains, in Fountain Hills, Arizona as follows: WHEN: Thursday, December 4, 2014  5:30 p.m. – Official photo taken of Town Council in Town Hall Council Chambers  5:45 p.m. – Rehearsal of the Ceremonial Oath of Office process by newly elected officials in Town Hall Council Chambers  6:00 p.m. – Reception honoring outgoing Councilmembers and incoming elected officials in the Town Hall Rotunda, 1st floor No official business will be conducted. The regularly scheduled Town Council meeting will begin at 6:30 p.m. in the Town Hall Council Chambers following the reception. DATED This 20th day of November, 2014. Beveyn J. Bender, Town Clerk REVISED: 12/1/14 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, DECEMBER 4, 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 Councilmember Henry Leger Councilmember Nick DePorter Councilmember Alan Magazine Councilmember Cassie Hansen Vice Mayor Cecil A. Yates z:\council packets\2014\r141204\141204a.docx Last Printed: 12/1/2014 11:53 AM Page 2 of 4  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor Kent Groethe, Sheppard of the Hills Lutheran Church  PRESENTATION of Town pins to retiring Councilmembers: Ginny Dickey Tait D. Elkie  ADMINISTRATION of “Ceremonial Oaths of Office” to newly elected officials: Linda M. Kavanagh – Mayor Nick DePorter – Councilmember Henry Leger – Councilmember Alan Magazine - Councilmember  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor will read a Proclamation declaring December 2014 as Mountain Bike Month in the Town of Fountain Hills.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review RECENT EVENTS attended relating to economic development. ii) UPDATE by Vice Mayor Cecil A. Yates regarding the recent Maricopa Association of Governments Regional Domestic Violence Council meeting held December 4, 2014. iii) PRESENTATION regarding a celebration to occur on December 6, 2014 to commemorate the Town’s 25th Anniversary of Incorporation. 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 t o reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. z:\council packets\2014\r141204\141204a.docx Last Printed: 12/1/2014 11:53 AM Page 3 of 4 CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from November 20, 2014. 2. CONSIDERATION of approving the CANCELLATION of the Fountain Hills Town Council meeting of January 1, 2015. 3. CONSIDERATION of CONFIRMING appointments proposed by Mayor Kavanagh as follows to serve on Town Council Subcommittees for the purpose of interviewing applicants for the Town’s boards and commissions for FY2014-15: (i) Community Services Advisory Commission – Councilmembers Nick DePorter, Alan Magazine, and Vice Mayor Cecil Yates; (ii) McDowell Mountain Preservation Commission – Councilmembers Nick DePorter, Cassie Hansen, and Henry Leger; (iii) Planning and Zoning Commission – Councilmembers Dennis Brown, Alan Magazine, and Vice Mayor Cecil Yates; (iv) Public Safety Advisory Commission – Councilmembers Dennis Brown, Cassie Hansen, and Vice Mayor Cecil Yates; (v) Strategic Planning Advisory Commission – Councilmembers Nick DePorter, Henry Leger, and Alan Magazine; and (vi) Board of Adjustment – Councilmembers Dennis Brown, Cassie Hansen, and Henry Leger. 4. CONSIDERATION of approving a BUDGET TRANSFER in the amount of $16,751.81 from the General Fund – Community Services Golden Eagle Park to the Vehicle Replacement Fund for payment to a vendor for the purchase of a Kubota mower. 5. CONSIDERATION of approving RESOLUTION 2014-48, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the southeasterly property line of Plat 401B, Block 3, Lot 45 (17050 E. Lema Circle) as recorded in Book 155 of Maps, Page 12, Records of Maricopa County, Arizona. EA2014- 11 (Larkin). 6. CONSIDERATION of approving of RESOLUTION 2014-47, abandoning whatever right, title, or interest the Town has in portions of certain public utility and drainage easement located at the rear property line of Plat 111, Block 7, Lot 6 (16603 E. Ashbrook Drive) as recorded in Book 150 of Maps, Page 12, Records of Maricopa County, Arizona. EA2014- 10 (Valder Development Company, LLC) 7. CONSIDERATION of approving of RESOLUTION 2014-49, abandoning whatever right, title, or interest the Town has in the Hillside Protection Easement at Eagles Nest Parcel 11, Lot 235, as recorded in document 83117, Records of Maricopa County, (16007 N, Ringtail Trail). Case Number EA2014-12/HPE2014-01. (William Crommett Family Trust) 8. CONSIDERATION of RATIFYING the Town Manager’s current employment contract. z:\council packets\2014\r141204\141204a.docx Last Printed: 12/1/2014 11:53 AM Page 4 of 4 REGULAR AGENDA ITEMS 9. CONSIDERATION of RESOLUTION 2014-45, considering bids received for the purchase of general obligation bonds of the Town, authorizing the issuance of the bonds and awarding the contract for the purchase of the bonds. 10. CONSIDERATION of CUT & FILL WAIVERS for “Parcel B at Firerock”, a multi-family project located on the Northeast side of Firerock Country Club Drive. Case #CFW2014-01. 11. CONSIDERATION of RESOLUTION 2014-50, approving the revised Town Organizational Chart for the Administration Department and the Community Services Department, the 2014-15 Pay Plan, and the Schedule of Authorized Positions and Employee Job Descriptions to reclassify the Park Attendant position, to Retitle and Re-range the part- time Tourism Assistant position to a full-time Tourism Coordinator, and to convert the part- time Economic Development Specialist position to full-time; authorizing the necessary budget transfer; and authorizing a change to the allocation of excise tax for Economic Development and Downtown strategy. 12. 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. 13. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 14. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 15. ADJOURNMENT. DATED this 20th day of November, 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. z:\council packets\2014\r141204\141204 public notice - picture. rehearsal.reception.doc PUBLIC NOTICE PICTURES, REHEARSAL and RECEPTION Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Cassie Hansen Councilmember Henry Leger Councilmember Alan Magazine Vice Mayor Cecil A. Yates A majority of the Fountain Hills Town Council, Board and Commission members may be present at events to be held at Town Hall, located at 16705 E. Avenue of the Fountains, in Fountain Hills, Arizona as follows: WHEN: Thursday, December 4, 2014  5:30 p.m. – Official photo taken of Town Council in Town Hall Council Chambers  5:45 p.m. – Rehearsal of the Ceremonial Oath of Office process by newly elected officials in Town Hall Council Chambers  6:00 p.m. – Reception honoring outgoing Councilmembers and incoming elected officials in the Town Hall Rotunda, 1st floor No official business will be conducted. The regularly scheduled Town Council meeting will begin at 6:30 p.m. in the Town Hall Council Chambers following the reception. DATED This 20th day of November, 2014. Beveyn J. Bender, Town Clerk REVISED: 12/1/14 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, DECEMBER 4, 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 Councilmember Henry Leger Councilmember Nick DePorter Councilmember Alan Magazine Councilmember Cassie Hansen Vice Mayor Cecil A. Yates z:\council packets\2014\r141204\141204a.docx Last Printed: 12/1/2014 11:53 AM Page 2 of 4  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor Kent Groethe, Sheppard of the Hills Lutheran Church  PRESENTATION of Town pins to retiring Councilmembers: Ginny Dickey Tait D. Elkie  ADMINISTRATION of “Ceremonial Oaths of Office” to newly elected officials: Linda M. Kavanagh – Mayor Nick DePorter – Councilmember Henry Leger – Councilmember Alan Magazine - Councilmember  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor will read a Proclamation declaring December 2014 as Mountain Bike Month in the Town of Fountain Hills.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review RECENT EVENTS attended relating to economic development. ii) UPDATE by Vice Mayor Cecil A. Yates regarding the recent Maricopa Association of Governments Regional Domestic Violence Council meeting held December 4, 2014. iii) PRESENTATION regarding a celebration to occur on December 6, 2014 to commemorate the Town’s 25th Anniversary of Incorporation. 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 t o reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. z:\council packets\2014\r141204\141204a.docx Last Printed: 12/1/2014 11:53 AM Page 3 of 4 CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from November 20, 2014. 2. CONSIDERATION of approving the CANCELLATION of the Fountain Hills Town Council meeting of January 1, 2015. 3. CONSIDERATION of CONFIRMING appointments proposed by Mayor Kavanagh as follows to serve on Town Council Subcommittees for the purpose of interviewing applicants for the Town’s boards and commissions for FY2014-15: (i) Community Services Advisory Commission – Councilmembers Nick DePorter, Alan Magazine, and Vice Mayor Cecil Yates; (ii) McDowell Mountain Preservation Commission – Councilmembers Nick DePorter, Cassie Hansen, and Henry Leger; (iii) Planning and Zoning Commission – Councilmembers Dennis Brown, Alan Magazine, and Vice Mayor Cecil Yates; (iv) Public Safety Advisory Commission – Councilmembers Dennis Brown, Cassie Hansen, and Vice Mayor Cecil Yates; (v) Strategic Planning Advisory Commission – Councilmembers Nick DePorter, Henry Leger, and Alan Magazine; and (vi) Board of Adjustment – Councilmembers Dennis Brown, Cassie Hansen, and Henry Leger. 4. CONSIDERATION of approving a BUDGET TRANSFER in the amount of $16,751.81 from the General Fund – Community Services Golden Eagle Park to the Vehicle Replacement Fund for payment to a vendor for the purchase of a Kubota mower. 5. CONSIDERATION of approving RESOLUTION 2014-48, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the southeasterly property line of Plat 401B, Block 3, Lot 45 (17050 E. Lema Circle) as recorded in Book 155 of Maps, Page 12, Records of Maricopa County, Arizona. EA2014- 11 (Larkin). 6. CONSIDERATION of approving of RESOLUTION 2014-47, abandoning whatever right, title, or interest the Town has in portions of certain public utility and drainage easement located at the rear property line of Plat 111, Block 7, Lot 6 (16603 E. Ashbrook Drive) as recorded in Book 150 of Maps, Page 12, Records of Maricopa County, Arizona. EA2014- 10 (Valder Development Company, LLC) 7. CONSIDERATION of approving of RESOLUTION 2014-49, abandoning whatever right, title, or interest the Town has in the Hillside Protection Easement at Eagles Nest Parcel 11, Lot 235, as recorded in document 83117, Records of Maricopa County, (16007 N, Ringtail Trail). Case Number EA2014-12/HPE2014-01. (William Crommett Family Trust) 8. CONSIDERATION of RATIFYING the Town Manager’s current employment contract. z:\council packets\2014\r141204\141204a.docx Last Printed: 12/1/2014 11:53 AM Page 4 of 4 REGULAR AGENDA ITEMS 9. CONSIDERATION of RESOLUTION 2014-45, considering bids received for the purchase of general obligation bonds of the Town, authorizing the issuance of the bonds and awarding the contract for the purchase of the bonds. 10. CONSIDERATION of CUT & FILL WAIVERS for “Parcel B at Firerock”, a multi-family project located on the Northeast side of Firerock Country Club Drive. Case #CFW2014-01. 11. CONSIDERATION of RESOLUTION 2014-50, approving the revised Town Organizational Chart for the Administration Department and the Community Services Department, the 2014-15 Pay Plan, and the Schedule of Authorized Positions and Employee Job Descriptions to reclassify the Park Attendant position, to Retitle and Re-range the part- time Tourism Assistant position to a full-time Tourism Coordinator, and to convert the part- time Economic Development Specialist position to full-time; authorizing the necessary budget transfer; and authorizing a change to the allocation of excise tax for Economic Development and Downtown strategy. 12. 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. 13. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 14. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 15. ADJOURNMENT. DATED this 20th day of November, 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. rflll mbEM •••••'•:•.msg&m mmmmmsw- TOWN OF FOUNTAIN HILLS PROCLAMATION OFFICE OF THE MAYOR WHEREAS,our community offers over 150 miles of mountain bike trails in and around Fountain Hills;and WHEREAS,the area also hosts a number of mountain biking events both in Town and around the area;and WHEREAS,the adjacent County McDowell Mountain Regional Park hosts five major mountain bike races annually,more than any other bike venue;and WHEREAS,the race calendar includes the following events: •Dawn till Dusk -December 13,2014 •MBAA Race -January 17,2015 •Fat Tire 40 -TBD •MBAA's MARC in the Park -March 28,2015 NOW, THEREFORE,I,Linda M.Kavanagh,Mayor of the Town of Fountain Hills, Arizona,do hereby declare the month of December 2014 as: "MOUNTAIN BIKE MONTH" In Fountain Hills and call upon all citizens to take a moment during the month to appreciate the availability and current use of the mountain biking trails in and around our community. inda M.kavanagh,Mayor Attest Bevelyn JfyBenofer,Town Clerk mm ir Mm I The Town of Fountain Hills Saturday, December 6, 2014; 12-5 p.m. Anniversary Celebration Program Bounce houses & games Centennial Circle 12-4:00 p.m. Ok Chorale Performance Avenue of the Fountains Plaza 4-4:30 p.m. Ceremony Presentation from Mayor Kavanagh and Guest Speakers Avenue of the Fountains Plaza 4:30-5:00 p.m. Refreshments & Mementos Avenue of the Fountains Plaza 5:00 p.m. The Fountain In celebration of the Town, our World Famous Fountain, will be going off at its full height of 560 feet every hour between 12:00 p.m. and 8:00 p.m. on December 6, 2014! Heather Ware & Mike Ciccarone present: TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Bevelyn J.Bender,Town Clerk;480-816-5115;bbender@fh.az.gov Council Goal: Strategic Values:Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from November 20,2014. Applicant:NA Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:A.R.S.§38-431.01 Staff Summary (background):The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes.Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status): Budget Reference (page number): Funding Source:NA If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Approve List Attachment(s):None SUGGESTED MOTION (for Council use):Move to approve the consent agenda as listed Prepared by:Approved: BevelynBender, TownClerk 11/18/2014 Ken Buchanan,Town Manager 11/18/2014 Page 1 of 1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: December 4, 2014 Meeting Type: Regular Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Town Manager,Ken Buchanan,480-816-5107,kbuchanan@fh.az.qov Strategic Priority: Not applicable Council Goal: Not applicable REQUEST TO COUNCIL:CONSIDERATION of approving the CANCELLATION of the Fountain Hills Town Council meeting of January 1,2015. Applicant:N/A Applicant Contact Information:N/A Property Location:N/A Related Ordinance,Policy or Guiding Principle:Council Rules of Procedure,Section 3,Meetings Staff Summary (background):This year the New Year Day holiday falls on the regularly scheduled Council meeting date of January 1, 2015.The Council Rules of Procedure,Section 3.1 states:"That 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." Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Cancel the January 1,2015 meeting SUGGESTED MOTION:Move to approve the consent agenda. Attachment(s):None Submitted and Approved by: 4j&*s Cjlmi3<& Ken Buchanan,Town Manager 11/18/14 Page 1 of 1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Town Manager Ken Buchanan;kbuchanan@fh.az.gov;480-816-5107 Strategic Values:All Council Goal:All REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of CONFIRMING appointments proposed by Mayor Kavanagh as follows to serve on the Town of Fountain Hills Council Subcommittees for the purpose of interviewing applicants for the Town's boards and commissions for FY2014-15:(i)Community Services Advisory Commission -Councilmember Nick DePorter,Councilmember Alan Magazine and Vice Mayor Cecil A. Yates;(ii)McDowell Mountain Preservation Commission - Councilmember Nick DePorter,Councilmember Cassie Hansen and Councilmember Henry Leger;(iii)Planning and Zoning Commission -Councilmember Dennis Brown,Councilmember Alan Magazine and Vice Mayor Cecil A. Yates;(iv) Public Safety Advisory Commission -Councilmember Dennis Brown,Councilmember Cassie Hansen and Vice Mayor Cecil A. Yates;(v)Strategic Planning Advisory Commission -Councilmember Nick DePorter, Councilmember Henry Leger and Councilmember Alan Magazine; and (vi)Board of Adjustment - Councilmember Dennis Brown,Councilmember Cassie Hansen and Councilmember Henry Leger. Applicant:N/A Applicant Contact Information:N/A Property Location:N/A Related Ordinance,Policy or Guiding Principle:Council Rules of Procedure Staff Summary (background):Mayor Linda M.Kavanagh has designated Subcommittees for the purpose of interviewing applicants to Town Boards and Commissions pursuant to Council Rules of Procedure.The Town Council is being asked to confirm the Subcommittees. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA IfMultiple Funds utilized,listhere: N/A Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):N/A Page 1 of 2 Staff Recommendation(s): List Attachment(s):N/A SUGGESTED MOTION (for Council use): Move to approve the consent agenda. Approved: Ken Buchanan,Town Manager 11/11/2014 Page 2 of 2 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Craig Rudolphy,Finance Director,480-816-5162,crudolphy@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a BUDGET TRANSFER in the amount of $16,751.81 from the General Fund - Community Services - Golden Eagle Park to the Vehicle Replacement Fund for payment to a vendor for the purchase of a Kubota mower. Applicant: Applicant Contact Information: Property Location:Golden Eagle Park Related Ordinance,Policy or Guiding Principle:Town Financial Policies Staff Summary (background):This item was budgeted incorrectly.The mower is a capitalized item and therefore should have been budgeted in the Vehicle Replacement Fund,not the General Fund.Finance needs to move the budget from the General Fund to the Vehicle Replacement Fund to cover the expenditure. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status):$16,751.81 Budget Reference (page number):p 229 Funding Source:Multiple Funds if Multiple Funds utilized,list here:General Fund and Vehicle Replacement Fund Budgeted;if No,attach Budget Adjustment Form:Yes Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Staff recommends approval of the inter-fund budget transfer from the General Fund to the Vehicle Replacement Fund in the amount of $16,751.81 for the fiscal year ending June 30,2015. List Attachment(s):Budget transfer approval form SUGGESTED MOTION (for council use):Move to approve the inter-fund transfer from the General Fund to the Vehicle Replacement Fund in the amount of $16,751.81 for the fiscal year ending June 30,2015. Page 1 of 2 Prepared/by: u ¥Craig Rudolph)/,Finance Directo/J 11/18/2014 Director^Approval:/') Craig Rudolph^,Finance Director ~J~11/18/2014 / pproyed:^~C~*\Appr Ken Buchanan,Town Manager 11/18/2014 Page 2 of 2 TOWN OF FOUNTAIN HILLS 11/05/2014 15:23 CRudolphy CLERK:CRudolphy TOWN OF FOUNTAIN HILLS BUDGET AMENDMENT JOURNAL ENTRY PROOF YEAR PER JNL SRC ACCOUNT EFF DATE JNL DESC REF 1 REF 2 2015 1 314 BUA GEPFP-66 0 6 07/31/2014 GEPTOVRAD GEP MOWER BUA VRAD-8010 07/31/2014 GEPTOVRAD GEP MOWER BUA GEPFP-62 21 07/31/2014 GEPTOVRAD GEP MOWER Approved: REF 3 *X: ACCOUNT DESC LINE DESC EQUIPMENT MOVE MOWER BUDGET TO VRF VEHICLES MOVE MOWER BUDGET TO VRF IRRIGATION REPAIR MOVE MOWER BUDGET TO VRF JOURNAL 2015/01/314 TOTAL T OB Date DEBIT 16,751.81 .00 P 2 |bgamdent CREDIT 16,000.00 751.81 .00 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Randy Harrel, Town Engineer (480-816-5112 or rharrel@fh.az.gov Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION for approval of RESOLUTION 2014-48,abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southeasterly propertylineof Plat 401B, Block3, Lot 45 (17050 E. LemaCircle) as recorded in Book 155of Maps, Page 12, Records of Maricopa County, Arizona. EA2014-11 (Larkin) Applicant:Scott and Becky Larkin,Trustees Applicant Contact Information: Property Location:17050 E.Lema Circle Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):This item on the Town Council's agenda is a proposal to abandon the public utility and drainage easement located at the northerly property line of Plat 401B, Block3, Lot45 (17050 E. Lema Circle)as shown in Exhibit "A".The property owner desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notifiedof this abandonment proposal and have approved the proposed abandonment of these public utility easements. The Engineering Section has reviewed the site to ascertain any drainage issues inaddition to the Town's general interest in the easement.It isthe professional opinion ofthe Engineering Section that there is no need forthe Town to retain the portion ofthe drainage easement proposed to be abandoned,withthe understanding that certain lots withinthis subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot45 is required to pass the developed flows generated bythe upstream lots across their property.A 10' x 10' Public Utility Easement should be granted at the southeasterly corner ofthe lotfor existing and potential future utility boxes located there. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,listhere: N/A Page 1 of 2 Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Staff recommends approval of Resolution 2014-48,with the following stipulation: 1.Grant a 10 x 10' Public Utility Easement at the Southeasterly corner of the lot. List Attachment(s):Vicinity Map; Aerial Photo Map;Resolution;Exhibit "A"Map SUGGESTED MOTION (for Council use):Move to approve the abandonment of easement ofthe public utility and drainage easement at Plat 401B,Block 3, Lot45, with stipulation. Prepared by:/) \TJL Randy Harrel.'Town Engineer 11/17/2014 Direclerl9>Appj>^al: 11/17/2014 Approved: IA c^lq^lW^-- Ken Bcichanan,Town Manager 11/26/2014 Paae 2 of 2 NORTH SCALE:1"=3500 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT VICINITY MAP Mcdowell mountain park TOWN BOUNDARY I SALT RIVER PIMA MARICOPA INDIAN COMMUNITY DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 401B,BLOCK 3,LOT 45 17050 E LEMA CIRCLE LEGEND: LOTLINE ROW EASEMENT FLOODPLAIN SUBJECT SITE 0 100'200' SCALE:1" =200' AERIAL FLIGHT DATE:10/13 RESOLUTION 2014-48 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE NORTHERLY OF THE PROPERTY LINE OF PLAT 401B, BLOCK 3 LOT 45, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY,ARIZONA,RECORDED IN BOOK 155 OF MAPS,PAGE 12. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"),as the governing body of real property located inthe Town of Fountain Hills (the "Town"),may require the dedication of public streets,sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision;and WHEREAS,the Town Council has the authority to accept or reject offers of dedication of private property by easement,deed,subdivision,plat or other lawful means;and WHEREAS,all present utility companies have received notification of the proposed abandonment. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,as follows: SECTION 1.That the certain public utility and drainage easement,located at the northerly property line of Plat 401B,Block 3, Lot 45,Fountain Hills,as recorded the Office of the County Recorder of Maricopa County,Arizona,Book 155 of Maps,Page 12,and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference,are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff.The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2.That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, December 4,2014. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Linda M.Kavanagh,Mayor Bevelyn J.Bender,Town Clerk REVIEWED BY:APPROVED AS TO FORM: Ken Buchanan,Town Manager Andrew J. McGuire, Town Attorney SCALE:1 =30 DATE:11-10-14 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 401B BLOCK 3 LOT 45 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Randy Harrel, Town Engineer (480-816-5112 or rharrel@fh.az.gov Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION for approval of RESOLUTION 2014-47, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the rear property line of Plat 111,Block 7, Lot 6 (16603 E.Ashbrook Drive) as recorded in Book 150 of Maps, Page 12, Records of Maricopa County,Arizona.EA2014-10 (Valder Development Company,LLC) Applicant:Valder Development,LLC,Jeff Valder Owner Applicant Contact Information:602-714-0059 Property Location:16603 E.Ashbrook Drive Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):This item on the Town Council's agenda is a proposal to abandon the public utility and drainage easement located at the rear property line of Plat 111, Block 7, Lot 6 (16603 E.Ashbrook Drive)as shown in Exhibit "A".The property owner desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of these public utility easements. The Engineering Section has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement.Itis the professional opinion of the Engineering Section that there is no need for the Town to retain the portion of the drainage easement proposed to be abandoned,with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff.The property owner of Lot 5 is required to pass the developed flows generated by the upstream lots across their property.A 10' x 10' Public Utility Easement should be granted at the northeast corner of the lot for existing and potential future utility boxes located there. Notes for your future building permit application: *Staff will require a drainage study,showing that the house will be safe from signifient,converging drainage flows in Ashbrook Drive and Cameo Drive. * Due to the Cameo Drive intersection,the primary driveway for this lot,should be located on the east side.For a duplex,meet with Town Staff with the house concept to discuss driveway locations priorto design. Page 1 of 2 Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here:N/A Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Staff recommends approval of Resolution 2014-47,with the following stipulation: *Grant a 10' x 10'Public Utility Easement at the northeasterly corner of the lot. List Attachment(s):Vicinity Map;Aerial Photo Map;Resolution;Exhibit "A"Map SUGGESTED MOTION (for council use):Move to approve the abandonment of easement of the public utility and drainage easement at Plat 111,Block 7, Lot 6. L hRandyHa/rel,Iown Engineer Director's if;Development Services Director Approved Ken Buchanan,Town Manager 11/18/2014 11/18/2014 11/26/2014 Page 2 of2 RESOLUTION 2014-47 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE REAR OF THE PROPERTY LINE OF PLAT 111,BLOCK 7 LOT 6, FOUNTAIN HILLS,ARIZONA,AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA,RECORDED IN BOOK 150 OF MAPS, PAGE 12. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"),as the governing body of real property located inthe Town of Fountain Hills (the "Town"),may require the dedication of public streets,sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision;and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement,deed,subdivision,plat or other lawful means;and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,as follows: SECTION 1.That the certain public utility easement,located at the rear property line of Plat 111, Block 7, Lot 6,Fountain Hills,as recorded the Office of the County Recorder of Maricopa County,Arizona, Book 150 of Maps,Page 12,and as more particularly described in Exhibit A,attached hereto and incorporated herein by reference,are hereby declared to be abandoned by the Town.Certain lots within this subdivision are subject to lot-to-lot drainage runoff.The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2.That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, December 4,2014. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Linda M.Kavanagh,Mayor Bevelyn J.Bender,Town Clerk REVIEWED BY:APPROVED AS TO FORM: Ken Buchanan,Town Manager Andrew J. McGuire, Town Attorney NORTH SCALE:1"=3500 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT VICINITY MAP Mcdowell mountain park TOWN BOUNDARY i SALT RIVER PIMA MARICOPA INDIAN COMMUNITY DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 111,BLOCK 7,LOT 6 16603 E ASHBROOK DRIVE LEGEND: LOTLINE ROW EASEMENT FLOODPLAIN SUBJECT SITE 0 100 200' SCALE:1" =200' AERIAL FLIGHT DATE:11/13 SCALE:1" =30' DATE:11-17-14 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 111 BLOCK 7 LOT 6 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/4/2014 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Randy L. Harrel, Town Engineer (480-816-5112 or rharrel@fh.az.gov)and Robert Rodgers, Senior Planner and Zoning Administrator (480-816-5138 or rrodgers@fh.az.gov) Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION for approval of RESOLUTION 2014-49,abandoning whatever right, title, or interest the Town has in the Hillside Protection Easement at Eagles Nest Parcel 11, Lot 235, as recorded in document 83117, Records of Maricopa County, (16007 N, Ringtail Trail). Case Number EA2014- 12/HPE2014-01.(William Crommett Family Trust) Applicant:William Crommett Applicant Contact Information: Property Location:16007 N. Ringtail Trail Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):This item on the Town Council's agenda is a proposal to abandon the existing Hillside Protection Easement (HPE 2012-344;Resolution 2004-10;recorded at MCR 2012-1054209;located on Eagles Nest Parcel 11, Lot235 (16007 N.RingtailTrail). The property owner is granting a replacement HPE (attached)of virtually equivalent area on the lot (HPE 2014-01;executed,but currently unrecorded copy. The replacement easement will be recorded immediately following the recordation ofthe abandonment document. As indicated in Mr.Crommett's attached letter,they want to construct a paver walkway from their front entrance to the street (in a subsequent Building Permit),thereby improving the street prescence oftheir house. Because this abandonment is of a Hillside Protection Easement only,the typical utility and drainage clearances normally obtained are not applicable to this abandonment.Senior Planner Robert Rodgers has reviewed and approved both the proposed replacement Grant of Hillside Protection Easement (HPE2014-01), and this abandonment request. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA Page 1 of 2 If Multiple Funds utilized,list here:N/A Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Staff recommends approval of Resolution 2014-49. List Attachment(s):Vicinity Map;Aerial Photo Map;Aerial Site Plan Map;Resolution;Exhibit MA"MCR 2012- 1054209,William Crommett,letter of November 4,2014,with attachments.Grant of Hillside Protection Easement,with attachments,with Exhibit A maps and Exhibit B legal description SUGGESTED MOTION (for council use):Move to approve the abandonment of the Hillside Protection easement at Eagles Nest,Parcel 11, Lot 235,and to accept the replacement Hillside Protection Easement as outlined in the Staff report./ Randy Harrel, Town Engineer 11/18/2014 Directq£ls_Appcp#al: 11/18/2014 Approved:^*—. KenT3uchanan,Town Manager 1 Page 2 of 2 RESOLUTION 2014-49 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST IT HAS IN THE HILLSIDE PROTECTION EASEMENT AT EAGLES NEST PARCEL 11, LOT 235,AS RECORDED IN DOCUMENT 83117,RECORDS OF MARICOPACOUNTY,(16007 N.RINGTAIL TRAIL). WHEREAS,the Mayorand Councilofthe Townof Fountain Hills (the "Town Council"),as the governing bodyof real property located inthe Townof Fountain Hills (the "Town"),may require the dedicationof public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision;and WHEREAS,the Town Council has the authorityto accept or reject offers ofdedication of private property by easement,deed,subdivision,plat or other lawful means;and NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,as follows: SECTION 1.The property owner is granting a replacement Hillside Protection Easement of virtually equivalent area on the lot,the replacement easement will be recorded immediately following the recordation of the abandonment document. SECTION 2.That this Resolution is one of abandonment and disclaimer bythe Town solely for the purpose of removing any potential cloud on the titleto said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, December 4,2014. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Linda M.Kavanagh,Mayor Bevelyn J.Bender,Town Clerk REVIEWED BY:APPROVED AS TO FORM: Ken Buchanan,Town Manager Andrew J. McGuire, Town Attorney NORTH SCALE:1"=3500 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT VICINITY MAP Mcdowell mountain park I TOWN BOUNDARY i SALT RIVER PIMA MARICOPA INDIAN COMMUNITY DEVELOPMENTSERVICESAERIALPHOTOMAPEAGLESNESTPARCEL11,LOT23516007NRINGTAILTRLEGEND:LOTLINEROWEASEMENTEXISTINGHPENEWHPE---SUBJECTSITENS0100'200'SCALE:1" =200'AERIALFLIGHTDATE:10/13 DEVELOPMENTSERVICESAERIALSITEPLANMAPEAGLESNESTPARCEL11,LOT23516007NRINGTAILTRLEGEND:LOTLINE—ROW—CONTOUR2ft—CONTOUR10ft—EASEMENT-•EXISTINGHPENEWHPE--SUBJECTSITE025'50'SCALE:1" =50'AERIALFLIGHTDATE:10/13 William Allan Crommett Trustee,Crommett Family Trust 16007 N. Ringtail Trail Fountain Hills,AZ 85268 -Of pn November 4,2014 ,Unfain Hm Zoning Administrator iCes^XeCAs • Town of Fountain Hills S,st 16705 East Avenue ofthe Fountains Fountain Hills,AZ 85268 To Whom It May Concern: We areproposingarevision to the HPE asoutlined in the attacheddocumentation. The reason forthe proposed HPE revision is to provide a walkway into the front ofthe home from the street. Our overall building process did not use the foil building envelope atthe rear ofthe lot. Thus,we are proposing to addthat areato the HPE anduse an equal area in the front ofthe home for a walkway.With the walkway,visitors will be ableto seethe beauty ofthe home fromthe street,rather than simply driving in the driveway and walking a short pathwayto the front.We want peopleto seethe foil house asthey approach,notjust the walkway fromthe driveway (see attached pictures ofview driving down streetand pulling into driveway, versus view from front).Preliminary approval has been received from the Eagle's Nest HOA Architectural Committee. We thank you for your review andconsideration of this proposal. Sincerely, Eagle's Nest Application for Approved Plan Modification May 2, 2014, 2014 Lot 235 Address: 16007N. Ringtail Trail Owner's Name:Crommett Family Trust Vff1' Mailing Address:16007 N.Ringtail Trail,Fountain Hills,AZ 85268 0^R f Description of proposed alteration from approved plans and reasons for the change: 1.Requesting initial approval from the Architectural Committee in advance of final plans to develop a walkway access to the front of the home on Lot 235. 2. Initial verbal approval has been obtained from the Fountain Hills Planning Department pending a)completion of final plans and b)acceptance of a revised Hillside Protection Easement for Lot 235. 3.Montgomery Engineering is prepared to revise the Hillside Protection Easement for Lot 235 which revises the original building envelope specifications but will not increase the overall square footage of the building envelope per requirements of the Town. Background: 1. Currently, as one travels onto N. Ringtail Trail, the initial view of the home on Lot 235 is of the 3-car garage. Visitors park in the street above the garage area or in the driveway. What visitors miss is the notable front entry way to the house as they walk into the front door area via a walkway from the garages. See attached pictures noting the initial street view and the walkway from the garage. Thus the striking stone home entry way is missed by most visitors to Ringtail Trail. Proposal: 1, The Crommetts propose adding a 36"-44"wide winding paver walkway from the street approximately in line with the front door. The winding walkway would have a small lighted pedestal at the beginning of the walkway. The walkway would proceed through existing shrubs to the walkway area already built near the front entrance. The walkway would not destroy or move any of the existing significant desert shrubbery. See attached photo noting the proposed front walkway area and the draft envelop plan. Description of items included with submittal: 1.Photo from higher up on Ringtail Trail 2.Photo near driveway 3. Photo showing front entry of home and general walkway area. 4. DRAFT plan showing walkway area to front of home Builder Name:N/A P fQ^j Designer Name:N/A /^V^'f>j Onpreliminaryapproval of this modificationsubmission,the Crommettswillproceed with Montgomery Engineering for formal development of the plan and the Hillside Protection Easement which will include the building envelope modification.Approval will then be sought from the Town Planning Department. Finally, final approvals and planswill be resubmitted for final Eagle's Nest Architectural Committeeapproval before initiating any further Lot 235 modification. Photo 1 Photo 2 Photo 3 Photo 4 Town of Fountain Hills 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 Development Services Department OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 2012-1054209 11/20/2012 11:05 ELECTRONIC RECORDING HPE2012344Cromm-5-1-1~,N CAPTION HEADING: GRANT OF HILLSIDE PROTECTION EASEMENT HPE2012-344 Colleen Crommett,Trustee of the Crommett Family Trust Eagles Nest Parcel 11,Lot 235 16007 N.Ringtail Trail Fountain Hills,AZ With Exhibits DO NOT REMOVE This is part of the official document. When Recorded Return To: Community Development Director Town of Fountain Hills 16705 E.Avenue of the Fountains Fountain Hills, AZ 85268 GRANT OF EASEMENT W. Allan Crommett and Colleen Crommett, Trustees of the Crommett Family Trust, grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, a perpetual easement upon, across, over and under all those areas on Final Plat of Eagles Nest Parcel 11 Lot 235 as graphically depicted in Exhibit "A" and as legally described in Exhibit "B", as "Hillside Protection Easement" for the purpose of preserving the natural topography and vegetation of land area. The owner or any of his heirs,successors,or assigns shall not perform nor allow to be performed,any construction;or cutting,filling,grading to the topography; nor any grubbing, brushing, removal, or otherwise damage any vegetation,rock outcropping,or other natural feature in the Hillside Protection Easement area without prior Town Council approval. A trailway may be a permitted use if approved by the Town Council and permitted, in writing, by the property owner. Grantor covenantsthat grantor is lawfully seizedand possessed of this aforementioned tract or parcel of land;that grantor has good and lawfulright to selland convey it; and that grantor willwarrant the titleandquietpossessionthereto againstthe claim ofanypersonwhatsoever. Dated this II day of fWevv^V>*^,2012. .rommett, Trustee ofthe Cromtnett FamilyTrust By:fa VUui C/i fry*/sM^ ColleenCrommett, Trustee ofthe Crommett FamilyTrust STATE OF J^ryttn^) )§ County of ffWvCDp£\) SUBSCRIBED AND SWORN TO BE before me this \^day of VWe*v»xke,v^,2012 by W,Allan Crommett and Colleen Crommett , Notary Pvoblif/ My Commission Expires:*\*'/J3'\^ aa^ua m * * m CHRISTINE ZIMMERMAN Notary Public - Arizona Maricopa County My Comm. Expires Sep 20,2016 EXHIBIT 'A' HILLSIDE PROTECTION EASEMENT EAGLES NEST PARCEL 11 LOT 235 CURVE TABLE CURVE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH ©220.00'27.55'N16'28'54"W 27.53' ©220.00'23.32' LINE TABLE N23'06'23"W 23.31' LINE BEARING DISTANCE (T)N70'32'06"E 24.52' (2) N0819'28"W 44.82' (3) N29'43'38"W 29.35' (4) N56'41'12"E 61.28' (5) N8514'21"E 107.06' (e)S 32'43'37"E 45.12' (7>S 5010*11"E 34.74' (q)S 08°24'06"E 28.81' (9) S 7610*50"W 172.89' <g>S 72836'30"W 40.06' 'RES 9 SHEET 2 OF 2 EXHIBIT 'A' HILLSIDE PROTECTION EASEMENT EAGLES NEST PARCEL 11 LOT 235 NOTE:EXISTING EASEMENTS NOT SHOWN W85l£2VJL 161451 COMMENCEMENT SHEET 1 OF 2 ( EXHIBIT "B" Hillside Protection Easement Eagles Nest Parcel 11 Lot 235 A part of Final Plat of Eagles Nest Parcel 11as recorded in Book 831 of maps, Page 17, Maricopa County Records,Maricopa County, Arizona, more particularly described as follows: All of said Lot 235 except the following: Commencing at the Southmost corner of saidLot 235, said point being the beginning of a curve concave to the West,of which the radius point lies South 77 degrees 06 minutes 22 seconds West, a radial distance of 220.00 feet, said curve being also a Westerly boundary of said Lot 235; thence northerly along said curve and said boundary,through a central angle of 07 degrees 10 minutes 32 seconds,a distance of 27.55 feet to the POINT OF BEGINNING; thence continuing northwesterly along said curve and said boundary,through a central angle of 06 degrees 04 minutes 26 seconds, a distance of 23.32 feet; thence departing said boundary,North 70 degrees 32 minutes 06 seconds East, a distance of 24.52 feet; thence North 08 degrees 19 minutes 28 seconds West, a distance of 44.82 feet; thence North 29 degrees 43 minutes 38 seconds West, a distance of 29.35 feet; thence North 56 degrees 41 minutes 12 seconds East, a distance of 61.28 feet; thence North 85 degrees 14 minutes 21 seconds East, a distance of 107.06 feet; thence South 32 degrees 43 minutes 37 secondsEast, a distance of 45.12 feet; thence South 50 degrees 10minutes 11 secondsEast, a distance of 34.74 feet; thence South 08 degrees 24 minutes 06 secondsEast, a distance of 28.81 feet; thence South 76 degrees 10 minutes 50 seconds West, parallel with the South line of said Lot 235, a distance of 172.89 feet; thence South 72 degrees 36 minutes 30 seconds West, a distance of 40.06 feet to the POINT OF BEGINNING. Containing 24,377.67 square feet, more or less, subject to all existing easements. When recorded,please return to: Town of Fountain Hills 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 Attn:Engineering Department CAPTION HEADING: pRoPm^o i-lpjr GRANT OF HILLSIDE PROTECTION EASEMENT HPE2014- W.Allan Crommett and Colleen Crommett,Trustees of the Crommett Family Trust With Exhibits This is part of the official document. Copies Routed To: •Administration •Engineering •Community Development •Parks &Recreation •Magistrate Court •Marshals Department When Recorded Return To: Community Development Director Town of Fountain Hills 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 GRANT OF EASEMENT W. Allan Crommett and Colleen Crommett, Trustees of the Crommett Family Trust, grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, a perpetual easement upon, across, over and under all those areas on Final Plat of Eagles Nest Parcel 11 Lot 235 as graphically depicted in Exhibit "A" and as legally described in Exhibit "B", as "Hillside Protection Easement" for the purpose of preserving the natural topography and vegetation of land area. The owner or any of his heirs, successors, or assigns shall not perform nor allow to be performed, any construction;or cutting,filling,grading to the topography;nor any grubbing, brushing, removal, or otherwise damage any vegetation,rock outcropping,or other natural feature in the Hillside Protection Easement area without prior Town Council approval. A trailway may be a permitted use if approved by the Town Council and permitted,in writing, by the property owner. Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or parcel of land;that grantor has good and lawful right to sell and convey it; and that grantor willwarrant the titleand quiet possessionthereto againstthe claim of anyperson whatsoever.title ana quiet possession tnereto against tne i Dated this p day of //***»/,'/' By:/y,/££^ 2014. STATE OF Ai>lfZ-On County of f^CLf t c_*pcx W. AllanCrommett, Trustee ofthe Crommett FamilyTrust By:(./•U^,C\Jf>^ Colleen Crommett, Trustee ofthe Crommett FamilyTrust ) )§ ) SUBSCRIBED AND SWORN TO BE before me this. by W.Allan Crommett and Colleen Crommett. S>day of Au^£iu,~rr~.2014 "NTntarv Piihlir I My CommissionExpires: Notary Public COMMENCEMENT EXHIBIT 'A' HILLSIDE PROTECTION EASEMENT EAGLES NEST PARCEL 11 LOT 235 NOTE:EXISTING EASEMENTS NOT SHOWN SHEET 1 OF 2 EXHIBIT'A' HILLSIDE PROTECTION EASEMENT EAGLES NEST PARCEL 11 LOT 235 CURVE TABLE CHORD CHORD CURVE RADIUS ARC LENGTH BEARING LENGTH ©220.00'27.55'N16°28'54"W 27.53' (D 220.00'23.32'N23°06'23"W 23.31' LINE TABLE LINE BEARING DISTANCE <D N 63*51*24-E 25.27' <D N 08*19'28"W 41.82' <D N 29'43'38"W 5.52' <i>S 82"27,55"W 9.89' <E>N 78'40'46" W 8.17* <D S 80"47'17"W 9.77' <z>S 6015'20" W 15.56' <§>N 29'42'20" W 12.00' <D N 6015'20"E 17.73'/*/&21549 ?\»\ "If DAVID R.\p # ® N 80'20'01"E N 35°47'43" E 14.08'\ 9.97'^ \\MONTGOMERY:o <g>S 72'36'30w W 40.06' SHEET 2 OF 2 EXHIBIT "B" Hillside Protection Easement Release Releasethe Hillside ProtectionEasement perMaricopaCounty Recorder Document 2012-1054209. Hillside Protection Easement Dedication Eagles Nest Parcel 11 Lot 235 A part of Final Plat of EaglesNest Parcel 11 asrecordedin Book 831 of maps,Page 17, Maricopa County Records,Maricopa County, Arizona, more particularly describedas follows: All of said Lot 235 except the following: Commencing atthe southwest corner of said Lot 235, saidpoint being the beginning of acurve concave to the west,of which the radius point lies South 77 degrees 06 minutes 22 seconds West, a radial distance of 220.00 feet, saidcurve having achordbearingNorth 16degrees28 minutes 54 secondsWest, acord length of 27.53 feet, saidcurve being also awesterly boundary ofsaidLot235; thence northerly along saidcurve and saidboundary, through a centralangle of 07 degrees 10 minutes 32 seconds, a distance of 27.55 feet to the POINT OF BEGINNING; thence continue northwesterly along said curve and said boundary, said continued curve having a chordbearingNorth 23 degrees 06 minutes 23 seconds West a chord length of 23.31 feet, through a central angle of 06 degrees 04 minutes 27 seconds, a distance of 23.32 feet; thence departingsaidcurve and saidboundary, North 63 degrees 51 minutes 24 seconds East, a distance of 25.27 feet; thence North 08 degrees 19 minutes 28 seconds West,a distance of 41.82 feet; thence North 29 degrees 43 minutes 38 seconds West,a distance of 5.52 feet; thence South 82 degrees 27 minutes 55 seconds West,a distance of 9.89 feet; thence North 78 degrees 40 minutes 46 seconds West,a distance of 8.17 feet; thence South 80 degrees 47 minutes 17 seconds West,a distance of 9.77 feet; ^SSTSi^ EXHIBIT "B" Hillside Protection Easement Dedication Eagles Nest Parcel 11 Lot 235 Page 2 of2 thence South60 degrees 15 minutes 20 seconds West,a distance of 15.56 feet to a point onthe westerly boundary of said Lot 235; thenceNorth 29 degrees42 minutes20 secondsWest alongsaid boundary,a distance of 12.00 feet; thencedeparting said boundary, North 60 degrees 15minutes 20 secondsEast, a distance of 17.73 feet; thence North 80 degrees 20 minutes 01 seconds East, a distance of 14.08 feet; thenceNorth 35 degrees 47 minutes 43 seconds East, a distance of 9.97 feet; thence North 56 degrees 41 minutes 12 seconds East, a distance of 61.28 feet; thenceNorth 85 degrees 14 minutes 21 seconds East, a distance of 107.06 feet; thence South 32 degrees 43 minutes 37 seconds East, a distance of 45.12 feet; thence South 50 degrees 10 minutes 11 seconds East, a distance of 11.70 feet; thence South 08 degrees 24 minutes 06 seconds East, a distance of 47.45 feet; thence South 76 degrees 10 minutes 50 seconds West, a distance of 157.47 feet; thence South 72 degrees 36 minutes 30 seconds West, a distance of 40.06 feet to the POINT OF BEGINNING. Containing24,354.82 squarefeet, moreor less, subjectto all existing easements. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:December 4, 2014 Meeting Type:Regular Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Town Manager,Ken Buchanan,480-816-5130,kbuchanan@fh.az.gov Strategic Priority:Not applicable Council Goal:Notapplicable REQUEST TO COUNCIL:CONSIDERATION of RATIFYING the Town Manager's current employment contract. Applicant:N/A Applicant Contact Information:N/A Property Location:N/A Related Ordinance,Policy or Guiding Principle: Staff Summary (background):In 1995 an Arizona Court of Appeals decision regarding Serna v. Pima County ruled that while public entities can ordinarily enter into contract extending beyond the political life of the entity's governing board,it cannot do so where the contract is for personal or professional services for the board itself. Basically,with the change of the membership of the Town Council requires a re-affirmation of the employment contract for the Town Manager. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):N/A SUGGESTED MOTION:Move to approve the consent agenda. Attachment(s):None Submitted and Approved by: Tyfr*%X*C><jL^Qu^^ Ken Buchanan,Town Manager 11/18/14 Page 1 of 1 EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HI LLS AND KENNETH W. BUCHANAN THIS EMPLOYMENT AGREEMENT (this "Agreement") is made and entered into February ~ 2012, by and between the Town of Fountai n Hill s, an Arizona muni c ipal corporarion (the "Town") and Kenneth W. Buchanan ("B uchan an"). RECITALS A. Th e Town d esires to employ Buchanan as Town Ma nager of the Town, as provided by Article 3-l of the Fountain Hill s Town Code (the "To wn C o de"). B. It is th e desire of the Mayor and Counci l of the Town of Fountain Hill s (the "Town Co uncil ") to provide certain benefits, to estab lish certain condit ion s of emp loyment and to se t working cond itio ns for Buc hanan. C. Bu chanan d es ires to ac ce pt employment as Town Man ager of the Town. D. The parties acknowledge that Buchanan is a me mber of the I nternational City/County Management Association ("I CMA") and that Buchanan is subject to the ICMA Code of Ethics. AGREEMENT NOW, THEREFORE , in co nsideration of the forego ing recital s, which are hereby incorporated into and are deemed an integral part of this Agreement, the mutua l covenants set forth be low and other good and va luab le co nsideration, the rece ipt and sufficiency of which are mutually acknow ledged by the parties hereto, the Town and Bu c hanan here by agree as fo ll ows: I. Dut ies . Bu chanan s ha ll perform the functions and duties s pecifi ed for the Town Manager in th e Town Co d e and to perform other legal ly permissib le and proper duties and functions as the Town Council shall from time to time ass ig n. 2. Term. Thi s Agreement shall be effective as of th e date first set forth above and sha ll remain in full force and effect unti l terminated by e ithe r the Town o r Buchanan as set forth below. The Town and Buchanan agree th at Buchanan shall officiall y begin hi s duties for the Town not later than Marc h 5, 2 01 2, to allow for Buchanan to fulfi ll his agree ment w ith his current employer. After co mm en c in g his official duties, and thereaft er during th e term of this Ag reeme nt , Buchanan shall be in the exclusive employ of the Town a nd shal l not accept o th er e mployme nt or carry out any other business except that of the posit io n of the Town Manager unless authorized to do so by the Town Counci l, in writing, prior to Bu chanan engagin g in such other act ivity ; provided , however , that any such ad ditiona l duti es sha ll be co nducted on Buchanan's vacation tim e and without the use of Town re sources or equipment. 1658450.3 3. Termination. This Agreement may be terminated by the Town with or without cause at any time, subject only to subsection 3-1-1(E) of the Town Code and the severance provisions set forth in subsection 3.2 below. Buchanan may terminate this Agreement at any time, with or without cause, upon not less than 30 days written notice to the Town Council. 3.1 Severance With Cause. If the Town Council terminates this Agreement with cause, no severance pay will be paid to Buchanan unless otherwise approved by the Town Council in its sole discretion. For the purposes of this Agreement, "with cause" shall mean that the Town Council, at a duly posted public meeting, has determined that Buchanan has (A} committed an act of gross insubordination by refusing to take a legal, valid action that is clearly within the scope of his employment when specifically directed to do so by a majority of the Town Council at a duly posted public meeting, (B) been incarcerated and charged with a felony as defined in Arizona Revised Statutes (the Town Council may choose to suspend Buchanan with pay during the pendency of any such prosecution), (C) either in his personal or professional capacity, severely damaged the reputation of the Town or the Town Council, (D) materially failed to perform a significant portion of his duties as the Town Manager as set forth in this Agreement, (E) caused or by gross negligence allowed any practice, activity, decision or organizational circumstance that is either illegal or immoral, (F) violated provisions of the ICMA Code of Ethics or (G) committed malfeasance in office or willful breach or habitual neglect of the duties described in subsection 3-1-1(H) and Section 3-1-10 of the Town Code. 3.2 Severance Without Cause. A. In the event the Town Council terminates this Agreement without cause, Buchanan shall be entitled to severance pay in an amount equal to six months of his annual base salary, benefits and allowances (excluding the value of the use of a Town vehicle, but including any automobile allowance granted by the Town Council pursuant to subsection 6.5 below}, including pay-out of accrued vacation and sick leave at the then-current rates set forth for all Town employees in the Town's personnel rules, at the time of such termination. Payment of any such severance shall be contingent upon all of the following: 1658450.3 ( 1) Buchanan executing a severance agreement acceptable to both parties, which shall include Buchanan's (a) full release of the Town and all its agents and employees from any and all claims, including but not limited to, demands, damages, causes of action or liability arising out of Buchanan's employment or termination of employment with Town, (b) agreement not to initiate or cause to be initiated under any lawsuit, claim, grievance proceeding or investigation of any kind, under any contract, law or regulation, pertaining to his employment with the Town and (c) acknowledgement that the Town will provide no more than neutral references for Buchanan, but that the Town may be required to disclose any and all records related to such termination pursuant to a valid request for public records. (2) Buchanan making himself reasonably available as needed by the Town for consulting purposes for a period of time equal to the number of months of severance paid. 2 B. It shall be deemed severance without cause if, at any time during the term of this Agreement the Town Council (1) reduces Buchanan's salary or other financial benefits in a greater percentage than an applicable across-the-board reduction for all Town employees or (2) refuses to comply with a material term of this Agreement within 30 days after written notice from Buchanan. C. If Manager's employment is terminated pursuant to this subsection 3.2, all fringe benefits furnished by Town shall terminate on the date of termination of this Agreement. D. Town agrees that during the 2011-2012 budget year it shall cause to be deposited with an independent third party trust officer a sum equal to the full amount of Buchanan's base salary for six months plus the cost of six months of COBRA payments. The Town and Buchanan agree that they have executed an agreement (the "Escrow Agreement") providing that if, prior to July 1, 2014, any future Council fails to ratify this Agreement or fails to provide severance when required as set forth herein, Buchanan shall be permitted to withdraw all funds from said third party trust officer minus any interest earned, which interest shall be payable to the Town upon Buchanan's withdrawal of the amounts in escrow. The Escrow Agreement governing the amounts to be held in escrow is attached hereto as Exhibit A and incorporated herein by reference. 3.3. Voluntazy Resignation. In the event Buchanan voluntarily terminates this Agreement for any reason, he shall not be entitled to severance pay, unless otherwise approved by the Town Council in its sole discretion. 4. Suspension. If the Town Council has made a determination that "for cause" termination is appropriate as set forth in subsection 3.1 above, the Town Council may, in its sole discretion, as an alternative to, or prior to, termination, suspend Buchanan with or without pay for a period of up to 30 days. 5. Disability. If Buchanan is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four consecutive weeks beyond any accrued sick leave, the Town shall have the option to terminate this Agreement; provided, the Town shall pay the full amount of severance pay set forth in Section 3 above. 6. Compensation. 6.1 Salary. The Town agrees to pay Buchanan a base salary of $135,000.00, prorated for any portion worked of fiscal year 2011-2012, for his services rendered pursuant to this Agreement, payable in installments at the same time as other management employees of the Town are paid. The Town may adjust Buchanan's base salary annually thereafter, such approval to be included as part of the Town Council's adoption of the Town's annual budget. The Town shall adjust Buchanan's other benefits in such amounts as are generally provided other Town employees. 1658450.3 3 6.2 Disability. Health and Life Insurance. The Town agrees to provide life, accident, sickness, disability income benefits, major medical, hospitalization, surgical and comprehensive medical insurance in the same manner and at the same benefit level as is generally provided to all the Town employees. 6.3 Retirement and Deferred Compensation. The Town shall make contributions to the Town's ICMA 401 plan on Buchanan's behalf in the same amount as contributed for other management employees of the Town. Buchanan may, at his sole option and expense, contribute to the Town's existing ICMA-RC 457 plan account (any catch-up amounts pennitted by the plan shall be made separately by Buchanan). Such contributions shall be in 26 equal bi-monthly installments. The Town further agrees to transfer ownership of Buchanan's plan(s), to the extent pennitted by law, to any succeeding employer in the event of Buchanan's tennination from the Town, for any reason. 6.4 Cellular Telephone. The Town shall provide Buchanan a cellular telephone consistent with other management employees of the Town and according to the Town's then-current policy. 6.5 Automobile. The Town shall provide Buchanan with a vehicle allowance of $500.00 per month. 6.6 Vacation and Sick Leave. Buchanan shall accrue vacation and sick leave at the same rate as granted other employees; provided, however, that Buchanan shall be credited with 40 hours of vacation leave and 40 hours of sick leave which shall be available on the date he reports for duty as set forth in Section 2 above. Buchanan shall be compensated for unused vacation and sick leave upon tennination according to the provisions of the Town's then-current personnel rules relating thereto. 6.7 Relocation Allowance. The Town shall reimburse Buchanan up to $10,000.00 related to Buchanan's moving expenses (and other related storage costs) from his current residence to Fountain Hills for household and personal items, but not including any livestock, personal pets or recreational vehicles. All requests for reimbursement by Buchanan shall be accompanied by receipts supporting such request. 7. Performance Evaluation. The Town Council shall annually review and evaluate Buchanan's performance as far in advance of the adoption of the annual operating budget as practicable, but not later than April 30 each year. Buchanan's review and evaluation shall be based upon (i) success at fulfilling the reasonably achievable goals and performance objectives set forth by the Town Council in its annual goal-setting retreat, (ii) personnel management, including overall management style and ability to lead and direct staff and ability to supervise department heads, but specifically excluding any evaluation of Buchanan's hiring and firing decisions with respect to individual staff members, (iii) obtainment of additional, reasonably achievable policy objectives and goals as set forth by a majority of the Town Council at a public meeting; provided, however, that such goals and objectives are generally obtainable within the time allowed and within the limitations of the annual budget and (iv) professionalism, including 1658450.3 4 manner of addressing the Town Council, preparation of Council agendas and supporting material and preparation and management of the annual budget. 8. Hours of Work. The Town Council recognizes that Buchanan is a salaried employee and must devote a great deal of time beyond the normal office hours to business of the Town and, to that end, Buchanan will be allowed to take reasonable time off as he shall deem appropriate during said normal office hours. 9. Dues and Subscriptions. The Town agrees to budget for and to pay for Buchanan's professional dues and subscriptions necessary for his continuation and full participation in national, regional, state and local associations and organizations of which he is currently a member or expected to be a member because of his position as Town Manager, and for other necessary and desirable expenses for his continued professional participation, growth, and advancement, and for the good of the Town, as the Town Council deems appropriate. 10. Professional Development. I 0.1 Professional Associations. The Town hereby agrees to budget for and to pay for Buchanan's travel expenses of professional and official travel, meetings, and occasions it deems necessary to continue his professional development and to adequately pursue necessary official functions for the Town, including but not limited to the ICMA annual conference, the League of Arizona Cities and Towns annual conference, and such other national, regional, state, and local governmental groups and committees thereof on which Buchanan serves as a member. 10.2 Continuing Education. The Town also agrees to budget for and to pay for Buchanan's travel expenses for short courses, institutes and seminars that it deems necessary for his professional development and for the good of the Town. 11. General Expenses. The Town recognizes that certain expenses of a non-personal and generally job-affiliated nature are periodically incurred by Buchanan. The Town agrees to (i) reimburse or to pay said general expenses and (ii) authorizes the Finance Director or authorized designee to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 12. Civic Club Membership. The Town recognizes the desirability of representation in and before local civic and other organizations, and Buchanan is authorized to become a member of such civic clubs or organizations the Town Council deems necessary and for which the Town shall pay all expenses. Buchanan shall report to the Town on each membership that he has taken out at the Town's expense. 13. Indemnification. In addition to that required under state and local law, the Town shall defend, save harmless, and indenmify Buchanan from and against any tort, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Buchanan's duties as prescribed by the Town Code or separate directions of the Town Council. 1658450.3 5 14. Bonding. The Town shall bear the full cost of any fidelity or other bonds required of Buchanan under any law or ordinance. 15. Notices and Reguests. Any notice or other communication required or pennitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: With copy to: If to Buchanan: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Mayor GUST ROSENFELD, P.L.C. One East Washington Street, Suite 1600 Phoenix,Arizona 85004-2553 Attn: Andrew J. McGuire, Esq. Kenneth W. Buchanan or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 16. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or Buchanan of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 17. Attorneys' Fees. In the event either party ~nds it necessary to bring any action at law or other proceeding against the other party to enforce any of the tenns, covenants or conditions hereof, or by reason of any breach or default hereunder, the party prevailing in such action or other proceeding shall be paid all reasonable costs and reasonable attorneys' fees by the other party and, in the event any judgment is secured by said prevailing party, all such costs and attorneys' fees shall be included therein, such fees to be set by the court and not by jury. 1658450.3 6 18. Headings. The descriptive headings of the sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 19. Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. 20. Time of the Essence. Time is of the essence in this Agreement. 21. Assiment. This Agreement may not be assigned, in whole or in part. 22. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. 23. Amendment. No amendment or waiver of any provision in this Agreement will be binding (i) on the Town unless and until it has been approved by the Town Council and has become effective or (ii) on Buchanan unless and until it has been executed by Buchanan or his authorized representative. 24. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted .un~er the laws of the State of Arizona. 25. Severability. Every provision of this Agreement is and will be construed to be a separate and independent covenant. If any provision in this Agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this Agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable, will not be affected by that invalidity or unenforceability. Each provision inthis Agreement will be'vaiid and will be enforced to the extent permitted by law and the parties will negotiate in good faith for such amendments of this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. 26. Covenant of Good Faith. In exercising their rights and in performing their obligations pursuant to this Agreement, the parties will cooperate with one another in good faith to ensure the intent of this Agreement can be attained. The Town and its Town Council shall not unreasonably withhold appropriation authority to fund the salary, benefits and other provisions of this Agreement. 27. Conflict of Interest. This Agreement may be cancelled by the Town pursuant to ARIZ. REv. STAT.§ 38-511. 1658450.3 7 16S84S0.3 EXHIBIT A TO EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND KENNETH W. BUCHANAN [Escrow Agreement] See following pages. ESCROW AGREEMENT AND ESCROW INSTRUCTIONS THIS ESCROW AGREEMENT AND ESCROW INSTRUCTIONS (this "Escrow Agreement,) is made and entered into February_, 2012 (the "Effective Date"), by and among Kenneth W. Buchanan (hereinafter "Buchanan"), , an Arizona corporation ("Escrow Agent,) and the Town of Fountain Hills, an Arizona municipal corporation (the "Town''), providing for certain funds to be held in escrow in connection with the Town's employment of Buchanan as Town Manager pursuant to that certain Employment Agreement between the Town and Buchanan dated , 2012 (the "Employment Agreement'') and employing the Escrow Agent for the purpose of receiving and disbursing funds and documents as set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated into and are deemed an integral part of this Agreement, the mutual covenants set forth below and other good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged by the parties hereto, the Town and Buchanan hereby agree as follows: 1. Escrow Deposit. The Town, prior to May 1, 2012, shall deposit with the Escrow Agent six months of Buchanan's salary as of the date of this Escrow Agreement, together with the cost of six months of individual COBRA payments as of the date of this Escrow Agreement (the "Escrow Sum,), to be held by the Escrow Agent and disbursed by the Escrow Agent, pursuant to the terms of this Escrow Agreement. 2. Investment of Funds. The funds held in Escrow shall be invested by the Escrow Agent in Securities set forth in Town's investment policy. 3. Term of Escrow Agreement. This Escrow Agreement shall commence on the Effective Date and shall remain in full force and effect until July 1, 2014, unless (i) terminated earlier by consent of the Town, Buchanan and the Escrow Agent or (ii) the Employment Agreement is terminated for any reason other than "severance without cause, as set forth in subsection 3.1 therein, which shall cause this Escrow Agreement to simultaneously terminate without further act of any party. 4. Payment of Escrow Sum. The Escrow Sum may only be paid according to the procedure set forth in this Section 4. 4.1 Buchanan Affidavit. During the Term of the Escrow Agreement, in the event any future Town Council fails to renew Buchanan's Employment Agreement or fails to provide severance as and when required in the Employment Agreement of equal date herewith, Buchanan will notify the Escrow Agent by way of an affidavit. A copy of the affidavit will be simultaneously served on the Town. 4.2 Town's Countervailing Affidavit. If the Town does not consider Buchanan eligible for the Escrow Sum, then, within 15 business days after receipt of a copy of Buchanan's affidavit, the Town must contest Buchanan's affidavit by an affidavit of the Mayor, 1658474.2 acting according to direction of the Town Council. Such contest must be by way of an affidavit timely submitted by the Town to the Escrow Agent, with a copy simultaneously served upon Buchanan. 4.3 Effect of Failure of Town to File Affidavit. If no affidavit is timely submitted by the Town, the full amount of the Escrow Sum shall be paid to Buchanan within five business days of the expiration of the time period in subsection 4.2 above. All interest earned shall be returned to the Town. 4.4 Arbitration. If neither Buchanan nor the Town withdraws its or his affidavit by the end of five business days after service of the Town's affidavit upon Buchanan, then the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association and the Escrow Agent shall pay out the Escrow Sum as ordered pursuant to such arbitration. The Arbitration Panel shall consist of three arbitrators: the Town's appointed arbitrator, Buchanan's appointed arbitrator and a third arbitrator (or "Neutral Arbitrator'') who shall be selected by the parties' arbitrators as set jbrth in the following sentence. The parties' arbitrators shall choose the Neutral Arbitrator within five business days after both have been appointed. All arbitrators, including the Neutral Arbitrator shall be members of the State Bar of the State of Arizona and shall have experience in the field of employment law. None of the arbitrators nor any of the arbitrator's firms shall have presently, or in the past, represented any party to the arbitration. In the event that the selected arbitrators cannot agree on the Neutral Arbitrator as set forth above, the Town and Buchanan shall each submit two names to the presiding judge of the Maricopa County Superior Court, who shall select one person to serve as the Neutral Arbitrator. The fees and costs of the arbitrators incurred in such arbitration shall be assessed against the Town, with each party bearing its own costs and expenses. Either party can make application to the Maricopa County Superior Court for confirmation of an award, and for entry of judgment on it. 5. Return of Escrow Funds. Upon any event of termination as set forth in Section 3 above, the full amount of the Escrow Sum, plus accrued interest, shall be paid to the Town by the Escrow Agent within 15 business days following such termination event. If the termination event is other than the natural expiration of this Escrow Agreement on July 1, 2014, the Town shall notify the Escrow Agent of the occurrence of such event. If the Town's notice is not countersigned by Buchanan, the Escrow Agent shall not release the Escrow Sum until ten business days after providing Buchanan with notice of the Town's notice of termination. 6. Escrow Agent. In addition to the holding and disbursement of said funds and documents, Buchanan and the Town hereby agree to the following with respect to the Escrow Agent: 6.1 Disputed Funds. The Escrow Agent is hereby authorized, in the event of any conflicting demands made upon it concerning this Escrow Agreement, at its election, to hold any money and documents deposited hereunder until it receives (A) mutual instructions by all parties, (B) notification by the arbitrator selected according to subsection 4.4 above of the results of an arbitration or (C) until a civil action shall have been fully concluded in a court of competent jurisdiction, determining the rights of the parties. In the alternative, Escrow Agent 1658474.2 2 may, at its discretion, at any time, commence a civil action to interplead any conflicting demands to a court of competent jurisdiction. 6.2 Indemnification of Escrow Agent. To the extent permitted by law, the Town and Buchanan agree to indemnify and save harmless Escrow Agent against all costs, damages, attorney's fees, expenses and liabilities, which it may incur or sustain in connection with these instructions or any court action arising therefrom. 6.3 Escrow Agent Standard of Care. The Town and Buchanan agree that, unless otherwise herein expressly provided, the Escrow Agent shall not be held liable for any action taken or omitted under this Escrow Agreement, so long as the Escrow Agent shall have acted in good faith and without negligence. The Escrow Agent shall have no responsibility to inquire into or determine the genuineness, authenticity or sufficiency of any documents or instruments submitted to it in connection with its duties hereunder. The Escrow Agent shall be entitled to deem the signatories of any document or instrument submitted to it hereunder as being authorized to sign such documents or instruments on behalf of the party submitting such documents or instruments, and shall be entitled to rely upon the genuineness of signatures or such signatories without inquiry and without requiring substantiating evidence. At the option of Escrow Agent, facsimile copies of documents may be accepted as originals. 7. Escrow Fees. The Town agrees to pay Escrow Agents fees as follows: $ __ _ $ __ _ $ __ _ $ __ _ $ __ _ $ __ _ $ __ _ Set-up and first year holding fee -Non-refundable Annual Holding Fee (after first year) Interest account fee (optional) Per receipt into interest account-if required Per wire transfer received Per disbursement (after one) Per Wire Transfer fee (in addition to disbursement fee) -if required All fees are to be paid in advance, except disbursement fees. Escrow Agent is hereby given a lien on all escrowed assets for all fees, expenses, taxes, indebtedness and other financial obligations that may become owing to Escrow Agent arising hereunder, including any indemnities prescribed herein. In all cases, Escrow Agent may deduct any unpaid fees, with prior notice, before final disbursement of the escrow funds. 8. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: 1658474.2 Town of Fountain Hills 16705 East A venue of the Fountains Fountain Hills, Arizona 85268 Attn: Mayor 3 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/4/2014 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Administration Staff Contact Information:Craig Rudolphy,Finance Director,480-816-5162,crudolphy@fh.az.gov Strategic Planning Goal: 12 Reliable funding for infrastucture maintenance Operational Priority:Pavement Management Program REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of RESOLUTION 2014-45,providingfor the issuance and saleof, notto exceed $8,200,000 aggregate principal amount of General Obligation Bonds, Series 2014; providingfor the annual levy of a tax for the payment of the bonds; accepting a bid for the purchase of the bonds; approving the form and authorizing the execution of an agreement for the services of a bond registrar, transfer agent and paying agent; approving the distribution of an Official Statement in connection with the issuance and sale of the bonds herein authorized; ratifying the actions of Town officials and agents concerning the bonds and the distribution of a Preliminary Official Statement pretaining to the bonds; and providing certain terms,covenants and provisinons regarding the bonds. Applicant: Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle: Staff Summary (background):The Town of Fountain Hills voters approved a bond elelction on November 5, 2013.The Town Council ordered the sale of bonds at its November 6,2014 meeting.Bids for the sale of the bonds were recevied at 10 A.M.today,December 4,2014.The bond proceeds will provide the resources to reconstruct Saguaro Boulevard.The bonds will be sold with a maturity date of five (5)years. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status):$8,200,000 Budget Reference (page number):pp. 91,298,334-335 Funding Source:General Fund If Multiple Funds utilized,list here:Capital Projects Fund Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Approve RESOLUTION 2014-45,awarding the sale of, not to exceed,$8,200,000 principal amount of Town of Fountain Hills,Arizona General Obligation Bonds,Series 2014. List Attachment(s): Page 1 of 2 SUGGESTED MOTION (for council use):Approve RESOLUTION 2014-45,providing for the issuance and sale of, not to exceed $8,200,000 aggregate principal amount of General Obligation Bonds,Series 2014;providing for the annual levy of a tax for the payment ofthe bonds;accepting a bidfor the purchase ofthe bonds; approving the form and authorizing the execution of an agreement for the services of a bond registrar,transfer agent and paying agent; approving the distribution of an Official Statement in connection withthe issuance and sale ofthe bonds herein authorized;ratifying the actions of Town officials and agents concerning the bonds and the distribution of a Preliminary Official Statement pretaining to the bonds;and providing certain terms.covenants and provisinons regarding the bonds. Prepared by: UAju>/<l Director^Approval:/") Dm Ml Craig Rudolph^,Finance Directo, Approved:^S~\ 4^OucYcCWvQui/^. Ken Buchanan,Town Manager 11/18/2014 11/18/2014 11/18/2014 Page 2 of 2 2245994.3 RESOLUTION NO. 2014-45 RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PROVIDING FOR THE ISSUANCE AND SALE OF $____________ AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES 2014; PROVIDING FOR THE ANNUAL LEVY OF A TAX FOR THE PAYMENT OF THE BONDS; ACCEPTING A BID FOR THE PURCHASE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE SERVICES OF A BOND REGISTRAR, TRANSFER AGENT AND PAYING AGENT; APPROVING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE ISSUANCE AND SALE OF THE BONDS HEREIN AUTHORIZED; RATIFYING THE ACTIONS OF TOWN OFFICERS AND AGENTS CONCERNING THE BONDS AND THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT PERTAINING TO THE BONDS; AND PROVIDING CERTAIN TERMS, COVENANTS AND PROVISIONS REGARDING THE BONDS. WHEREAS, pursuant to a special bond election held in and for the Town of Fountain Hills, Arizona (the “Town”), on November 5, 2013, the issuance of general obligation bonds has been approved (the “Election”); and WHEREAS, the Town now desires to issue and sell $___________of its General Obligation Bonds, Series 2014 (the “Bonds”), for the purposes and according to the terms as set forth in this resolution; and WHEREAS, after having received and reviewed such bids, the Mayor and Council of the Town (the “Town Council”) hereby deems the bid for the Bonds attached hereto as Exhibit C and incorporated by reference herein, of __________________ (the “Underwriter”), to be the lowest and best bid received for the purchase of the Bonds, and the Town desires that the Bonds be sold to the Underwriter on the terms set forth in the winning bid; and WHEREAS, all acts, conditions and things required by the Constitution and laws of the State of Arizona to happen, exist and be performed precedent to and in the adoption of this resolution have happened, exist and have been performed as so required in order to make this resolution a valid and binding instrument for the security of the Bonds authorized herein; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: Section 1.Authorization. For the purpose of providing funds to make certain of the acquisitions and public improvements authorized by the qualified electors of the Town at the Election, there is hereby authorized to be issued and sold $________aggregate principal amount of the Bonds. 2245994.3 2 Section 2.Terms. A.Issuance of the Bonds. The Bonds hereby authorized to be issued shall be designated Town of Fountain Hills, Arizona,General Obligation Bonds, Series 2014 (the “Bonds”). The Bonds shall be dated the date of delivery of the Bonds to the Underwriter and will bear interest from the most recent January 1 or July 1 to which interest has been paid, or in the case of the interest due January 1, 2016, from their original dated date, to the maturity of each of the Bonds. The first interest payment date will be January 1, 2016, and interest shall be payable semiannually thereafter on each succeeding July 1 and January 1 during the term of the Bonds. The Bonds will be initially issued in fully registered book-entry-only form in denominations equal to the respective year’s maturity amount. If the book-entry-only system described in the Letter of Representations hereinafter defined (the “Book-Entry-Only System”) is discontinued, the Bonds will be issued in the denomination of $5,000 each or integral multiples thereof. The Bonds will mature on July 1 in the years and amounts and will bear interest at the rates as follows: Maturity Date (July 1) Principal Amount Interest Rate 2016 $1,395,000 2017 1,530,000 2018 1,560,000 2019 1,610,000 2020 1,655,000 B.Book-Entry-Only System. So long as the Bonds are administered under the Book-Entry-Only System, interest payments and principal payments that are part of periodic principal and interest payments shall be paid to Cede & Co. or its registered assigns in same-day funds no later than the time established by The Depository Trust Company (“DTC”) on each interest or principal payment date (or in accordance with then existing arrangements between the Town and DTC). The Town has previously entered into an agreement (the “Letter of Representations”) with DTC in connection with the issuance of the Town’s bonds, including the Bonds and, while the Letter of Representations is in effect, the procedures established therein shall apply to the Bonds. C.Registration. If the Book-Entry-Only System is discontinued, the Registrar’s registration books will show the registered owners of the Bonds (the owner or owners of the Bonds as shown on the Registrar’s registration books shall be referred to as “Owner”or “Owners”). While the Bonds are subject to the Book-Entry-Only System, the Bonds shall be registered in the name of Cede & Co., or its registered assigns. The Bonds will be administered by the Registrar in a manner which assures against double issuance and provides a system of transfer of ownership on the books of the Registrar in the manner set forth in the Bonds. The Town recognizes that Section 149(a) of the Internal Revenue Code of 1986, as amended (the “Code”), requires the Bonds to be issued and to remain in fully registered form in order that interest thereon is exempt from federal income taxation under laws in force at the time the Bonds are delivered. In this connection, the Town agrees that it will not take any action to permit the Bonds to be issued in, or converted into bearer or coupon form. 2245994.3 3 D.Payment if Book-Entry-Only System is Discontinued. If the Book-Entry- Only System is discontinued, interest on the Bonds will be payable on each interest payment date by check mailed to the Owner thereof at the Owner’s address all as shown on the registration books maintained by the Registrar as of the close of business of the Registrar on the fifteenth (15th) day of the month preceding an interest payment date (the “Record Date”). If the Book-Entry-Onl y System is discontinued, principal of the Bonds will be payable, when due, only upon presentation and surrender of the Bond at the designated corporate trust office of the Paying Agent (as defined hereafter). Upon written request of a registered owner of at least $1,000,000 in principal amount of Bonds not less than twenty (20) days prior to an interest payment date, all payments of interest and, if adequate provision for surrender is made, principal shall be paid by wire transfer in immediately available funds to an account within the United States of America designated by such Owner. Notwithstanding any other provision of this resolution, payment of principal of and interest on any Bond that is held by a securities depository or Bonds subject to a Book- Entry-Only System may be paid by the Paying Agent by wire transfer in “same day funds”. E.Other Terms. The Bonds shall have such additional terms and provisions as are set forth in the form of Bond attached hereto as Exhibit A, which is a part of this resolution. Section 3.No Prior Redemption. The Bonds are not subject to call for redemption prior to maturity. Section 4.Security. For the purpose of paying the principal of, interest and premium (if any) on early redemption and costs of administration of the registration and payment of the Bonds there shall be levied on all the taxable property in the Town a continuing, direct, annual, ad valorem tax sufficient to pay all such principal, interest, premium and administration costs on the Bonds as the same becomes due, such taxes to be levied, assessed and collected at the same time and in the same manner as other taxes are levied, assessed and collected. The proceeds of the taxes shall be kept in a special fund and shall be used only for the purpose for which collected. Section 5.Form of Bonds. So long as the Book-Entry-Only System is in effect, the Bonds shall be in substantially the form of Exhibit A, attached hereto and incorporated by reference herein, with such necessary and appropriate omissions, insertions and variations as are permitted or required hereb y and are approved by those officers executing the Bonds and execution thereof by such officers shall constitute conclusive evidence of such approval. If the Book-Entry-Only System is discontinued, the Bonds shall be reissued and transferred in forms of Bonds to be prepared at that time. The Bonds may have notations, legends or endorsements required by law, securities exchange rule or usage. Each Bond shall be dated the date of its authentication and registration. 2245994.3 4 Section 6.Use of Proceeds. The proceeds from the sale of the Bonds shall be set aside and used for the purposes set forth on Exhibit B attached hereto. Bonds issued for street improvements ($__________) will be charged against the Town’s 20% debt limit (Article 9, Section 8,Arizona Constitution). The moneys for each separate purpose as stated above shall be applied and used solely for the respective purpose and shall be allocated against the respective ballot question submitted to the qualified electors of the Town at the Election, as set forth on Exhibit B attached hereto. Section 7.Execution of Bonds. The Bonds shall be executed for and on behalf of the Town by the Mayor and attested by the Town Clerk by their manual or facsimile signatures and the Town seal will be either photographically, mechanically reproduced or manually imprinted or affixed on the Bonds. If the signatures are affixed or imprinted by facsimile, the Mayor and Town Clerk shall execute a certificate adopting as their signatures the facsimile signatures appearing on the Bonds. If an officer whose signature is on a Bond no longer holds that office at the time the Bond is authenticated and registered, the Bond shall nevertheless be valid. A Bond shall not be valid or binding until authenticated by the manual signature of an authorized officer of the Registrar. The signature shall be conclusive evidence that the Bond has been authenticated and issued under this resolution. Section 8.Mutilated, Lost or Destroyed Bonds. In case any Bond becomes mutilated or destroyed or lost, the Town shall cause to be executed and delivered a new Bond of like date and tenor in exchange and substitution for and upon the cancellation of such mutilated Bond or in lieu of and in substitution for such Bond destroyed or lost,upon the registered owner’s paying the reasonable expenses and charges of the Town in connection therewith and, in the case of the Bond destroyed or lost, filing with the Town Clerk by the registered owner evidence satisfactory to the Town that such Bond was destroyed or lost, and furnishing the Town with a sufficient indemnity bond pursuant to ARIZ. REV. STAT. § 47-8405. Section 9.Acceptance of Final Bid. The bid of the Underwriter attached as Exhibit C and incorporated herein by reference is hereby accepted and the Bonds are hereby ordered sold to the Underwriter in accordance with the terms of such bid and the terms and conditions of the Notice Inviting Bids for the Purchase of Bonds and the terms hereof. The Town’s Finance Director is hereby authorized and directed to cause the Bonds to be delivered to or upon the order of the Underwriter upon receipt of payment therefor and satisfaction of the other conditions for delivery thereof in accordance with the terms of the sale. Section 10.Registrar and Paying Agent. The Town will maintain an office or agency where Bonds may be presented for registration or transfer (the “Registrar”) and an office or agency where Bonds may be presented for payment (the “Paying Agent”). The Town may appoint one or more co-registrars or one or more additional Paying Agents. The Registrar and Paying Agent may make reasonable rules and set reasonable requirements for their respective functions with respect to the owners of the Bonds. 2245994.3 5 Initially, Zions First National Bank, Phoenix, Arizona, will act as, and is hereby designated as, the Registrar and Paying Agent with respect to the Bonds. Any entity into which the Registrar and Paying Agent is merged or consolidated shall continue as the Registrar and Paying Agent hereunder without notice to the owners of Bonds or any further action by the Town. The Town may change the Registrar or Paying Agent without notice to or consent of owners of the Bonds and the Town may act in any such capacity. The contract for Registrar’s services is hereby approved in substantially the form on file with the Town Clerk to provide for payment of Registrar’s services. The Mayor, any member of the Town Council or the Town’s Finance Director and the Town Clerk are hereby authorized and directed to execute the contract with the Registrar. Each Paying Agent will be required to agree in writing that the Paying Agent will hold in trust for the benefit of the owners of the Bonds all moneys held by the Paying Agent for the payment of principal of and interest and any premium on the Bonds. The Registrar may appoint an authenticating agent acceptable to the Town to authenticate Bonds. An authenticating agent may authenticate Bonds whenever the Registrar may do so. Each reference in this resolution to authentication by the Registrar includes authentication by an authenticating agent acting on behalf and in the name of the Registrar and subject to the Registrar’s direction. The Registrar shall keep a register of the Bonds, the registered owners of the Bonds and of transfer of the Bonds. When Bonds are presented to the Registrar or a co-registrar with a request to register transfer, the Registrar will register the transfer on the registration books if its requirements for transfer are met and will authenticate and deliver one or more Bonds registered in the name of the transferee of the same principal amount, maturity and rate of interest as the surrendered Bonds. All transfer fees and costs shall be paid by the transferor. Bonds presented to the Registrar for transfer after the close of business on the Record Date and before the close of business on the next subsequent interest payment date will be registered in the name of the transferee but the interest payment will be made to the registered owners shown on the books of the Registrar as of the close of business on the Record Date. The Registrar shall authenticate Bonds for original issue up to $_________________in aggregate principal amount upon the written request of the Mayor or Town’s Finance Director. The aggregate principal amount of Bonds outstanding at any time may not exceed that amount except for replacement Bonds as to which the requirements of the Registrar and the Town are met. Section 11.Official Statement. The preparation, completion, use and distribution of the Preliminary Official Statement dated November __, 2014 (the “Preliminary Official Statement”), pertaining to the original issuance of the Bonds in the form now on file with the Town Clerk is approved as a “deemed final”official statement (excepting permitted omissions), by the Town as of its date for purposes of Securities and Exchange Commission Rule 15c2-12 (the “Disclosure Rule”). The Mayor, the Town Manager or the Town’s Finance 2245994.3 6 Director is hereby authorized to certify or represent that the Official Statement is “final”for purposes of the Disclosure Rule. Such approval of the Preliminary Official Statement by the Mayor, the Town Manager or Town’s Finance Director shall constitute the approval and designation by the Town of the Preliminary Official Statement as a deemed final Official Statement for all purposes of the Disclosure Rule. The Mayor, the Town Manager or Town’s Finance Director is authorized on the Town’s behalf to complete a final official statement to be dated on or about the date hereof, and in substantially the form of the Preliminary Official Statement (the “Final Official Statement”). (The Preliminary Official Statement and the Final Official Statement are collectively referred to herein as the “Official Statement”.) The Final Official Statement shall contain such modifications, changes and supplements as the Mayor, the Town Manager or Town’s Finance Director shall approve or authorize as necessary to make true and accurate the information contained therein. The Mayor, the Town Manager or Town’s Finance Director is hereby authorized to execute and deliver to the Underwriter the Final Official Statement. The Mayor, the Town Manager or Town’s Finance Director is further authorized to use and distribute, or authorize the use and distribution of, the Final Official Statement and supplements thereto concerning the original issuance of the Bonds as may in the Mayor’s, the Town Manager’s or Town’s Finance Director’s judgment be necessary or appropriate. The Mayor,Town Clerk,Town Clerk or Town’s Finance Director is also authorized to sign and deliver, on the Town’s behalf and in their official capacities, such certificates concerning the accuracy of the Final Official Statement and any amendment thereto as may, in their judgment, be necessary or appropriate. Section 12.Continuing Disclosure Undertaking. The form of continuing disclosure certificate, in substantially the form submitted to and on file with the Town Clerk, is hereby approved. The Town’s Finance Director is hereby authorized and directed to prepare, execute and deliver such certificate on behalf of the Town. Section 13.Bond Insurance. The Town’s Finance Director is hereby authorized and directed to purchase municipal bond insurance, surety bonds or other credit enhancement as the Town’s Finance Director may deem appropriate and beneficial, to pay or cause to be paid all premiums attendant thereto and to enter into any obligations or agreements on behalf of the Town to repay amounts paid thereon by the providers thereof. Section 14.Rebate Fund; Rebate Payments. In the event the Town is required to rebate its earnings and profits from the investment of the Bonds, the Town Council hereby authorizes the Town’s Finance Director or any agent thereof to create a separate fund to be known as the Rebate Fund. Into such fund shall be deposited any and all moneys deemed necessary to remain in compliance with the provisions of Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), or any regulations promulgated thereunder. Moneys in such fund shall be segregated or (if authorized in writing by an opinion of Bond Counsel, as defined below) commingled with other moneys of the Town. The Town’s Finance Director is ordered and directed to employ or engage one or more arbitrage rebate consultants to calculate annually any necessary rebate amount to be paid to the United States of America. The Town’s 2245994.3 7 Finance Director is authorized and directed to pay any amounts necessary to the United States, as arbitrage rebate(s). Section 15.Resolution a Contract. This resolution shall constitute a contract between the Town and the registered owners of the Bonds and shall not be repealed or amended in any manner which would impair, impede or lessen the rights of the registered owners of the Bonds then outstanding. Section 16.Severability. If any section, paragraph, subdivision, sentence, clause or phrase of this resolution is for any reason held to be illegal, invalid or unenforceable, such decision will not affect the validity of the remaining portions of this resolution. The hereby Town Council declare that the Town would have adopted this resolution and each and every other section, paragraph, subdivision, sentence, clause or phrase hereof and authorized the issuance of the Bonds pursuant hereto irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses or phrases of this resolution may be held illegal, invalid or unenforceable. Section 17.Ratification of Actions. All actions of the officers and agents of the Town which conform to the purposes and intent of this resolution and which further the issuance and sale of the Bonds as contemplated by this resolution whether heretofore or hereafter taken shall be and are hereby ratified, confirmed and approved. Any change made in the Notice Inviting Bids for the Purchase of Bonds which do not conform to the prior order of this Town Council are hereby ratified. The proper officers and agents of the Town are hereby authorized and directed to do all such acts and things and to execute and deliver all such documents on behalf of the Town as may be necessary to carry out the terms and intent of this resolution. Section 18.Qualified Tax-Exempt Obligations. The Town reasonably anticipates issuing less than $10,000,000 in principal amount of tax-exempt obligations in this calendar year and thus hereby designates the Bonds as “qualified tax-exempt obligations”for purposes of Section 265(b)(3) of the Code. The Mayor or the Finance Diretor will certify in the closing certificates that it is reasonably anticipated that the aggregate amount of qualified tax- exempt obligations (as defined in Section 265(b)(3)(B) of the Code)which will be issued for or by the Town in the current calendar year will not exceed $10,000,000. Section 19.Tax Covenants. In consideration of the purchase and acceptance of the Bonds by the owners thereof and, as authorized by Arizona Revised Statutes, Title 35, Chapter 3, Article 7, and in consideration of retaining the exclusion of interest income on the Bonds from gross income for federal income tax purposes, the Town covenants with the owners from time to time of the Bonds to neither take nor fail to take an y action which action or failure to act is within its power and authority and would result in interest on the Bonds become subject to federal income taxes. The Town agrees that it will comply with such requirements as in the opinion of Gust Rosenfeld P.L.C.(“Bond Counsel”) are necessary to prevent interest on the Bonds becoming subject to inclusion in gross income for federal income tax purposes. Such requirements may include but are not limited to making further specific covenants; making truthful certifications 2245994.3 8 and representations and giving necessary assurances; complying with all representations, covenants and assurances contained in certificates or agreements to be prepared by Bond Counsel; to pay to the United States of America any required amounts representing rebates of arbitrage profits relating to the Bonds; filing forms, statements and supporting documents as may be required under the federal tax laws; limiting the term of and yield on investments made with moneys relating to the Bonds; and limiting the use of the proceeds of the Bonds and property financed thereby. The Town hereby authorizes the Town’s Finance Director, or his or her designee, to represent and act for the Town in all matters pertaining to the Town’s tax-exempt bonds, as may be necessary to comply, on a continuing basis, with the Internal Revenue Service, Securities Exchange Commission and other governmental entities’requests, reporting requirements, examinations, continuing disclosure requirements and post issuance compliance policies and matters. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, December 4, 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 Exhibit A:Bond Form Exhibit B:List of Projects Financed and Bond Authorization Utilized Exhibit C:Underwriter’s Bid 2245994.3 9 CERTIFICATION I, Bevelyn J.Bender, the duly appointed and acting Clerk of the Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution No. 2014-45 was duly passed by the Town Council of the Town of Fountain Hills, Arizona, at a regular meeting held on December 4, 2014, and the vote was ____ aye’s and ___ nay’s and that the Mayor and ___ Council Members were present thereat. DATED: December 4, 2014. ______________________________________ Bevelyn J. Bender, Town Clerk 2245994.3 A-1 EXHIBIT A (Form of Bond to be used While Book-Entry-Only System is in Effect) Number: R-____Denomination: ___________ Unless this Bond is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Registrar (or any successor registrar) for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC, (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), any transfer, pledge, or other use hereof for value or otherwise by or to any person is wrongful inasmuch as the registered owner hereof, Cede & Co., has an interest herein. TOWN OF FOUNTAIN HILLS, ARIZONA GENERAL OBLIGATION BOND, SERIES 2014 Interest Rate Maturity Date Original Dated Date CUSIP ____%July 1, 20___________, 20_____________ Registered Owner: Cede & Co. Principal Amount: ________________ AND NO/100 DOLLARS ($__________) TOWN OF FOUNTAIN HILLS, ARIZONA (the “Town”), for value received, hereby promises to pay to the registered owner identified above, or registered assigns as provided herein, on the maturity date set forth above, the principal amount set forth above, and to pay interest on the unpaid principal amount at the interest rate shown above. The Bonds are not subject to call for redemption prior to maturity. Interest is payable on January 1 and July 1 of each year commencing January 1, 2016, and will accrue from the most recent date to which interest has been paid, or, if no interest has been paid, from the original dated date set forth above. Interest will be computed on the basis of a year comprised of 360 days consisting of twelve (12) months of thirty (30) days each. Principal of and interest on this bond are payable in lawful money of the United States of America. Interest payments and principal payments that are part of periodic principal and interest payments shall be received by Cede & Co., as nominee of DTC, or its registered assigns in same-day funds no later than the time established by DTC on each interest or principal payment date in accordance with existing arrangements between the Town and DT C. The “Record Date”for the Bonds shall be the fifteenth day of the month preceding an interest payment date. It is hereby certified and recited that all conditions, acts and things required by the Constitution and laws of the State of Arizona to exist, to occur and to be performed precedent to and in the issuance of this bond exist, have occurred and have been performed and that the series of bonds of which this is one, together with all other indebtedness of the Town, is within every debt and other limit prescribed by the Constitution and laws of the State of Arizona, and that due provision has been made for 2245994.3 A-2 the levy and collection of a direct, annual, ad valorem tax upon all of the taxable property in the Town for the payment of this bond and of the interest hereon as each becomes due. This bond is one of a series of general obligation bonds in the aggregate principal amount of $_________________of like tenor except as to amount, maturity date, redemption provisions, interest rate and number, issued by the Town to provide funds to make those certain street improvements approved by a majority vote of qualified electors voting at an election duly called and held in and for the Town on November 5, 2013, pursuant to resolutions of the Mayor and Council of the Town duly adopted prior to the issuance hereof (collectively, the “Resolution”) and pursuant to the Constitution and laws of the State of Arizona relative to the issuance and sale of general obligation bonds, and all amendments thereto, and all other laws of the State of Arizona thereunto enabling. For the punctual payment of this bond and the interest hereon and for the levy and collection of ad valorem taxes on all taxable property within the Town sufficient for that purpose, the full faith and credit of the Town are hereby irrevocably pledged. So long as the book-entry-only system is in effect, this bond is non-transferable. If the book-entry-only system is discontinued, this bond is transferable by the registered owner in person or by attorney duly authorized in writing at the designated office of the registrar, which on the original issue date is the corporate trust office of Zions First National Bank upon surrender and cancellation of this bond. Bonds of this issue will be issued only in fully registered form in the denomination of $5,000 of principal or integral multiples thereof. The registrar or paying agent may be changed by the Town without notice. The Town, the registrar and the paying agent ma y treat the registered owner of this bond as the absolute owner for the purpose of receiving principal and interest and for all other purposes and none of them shall be affected by any notice to the contrary. The Town has caused this bond to be executed by the Mayor and attested by the Town Clerk, which signatures may be facsimile signatures. This bond is not valid or binding upon the Town without the manually affixed signature of an authorized representative of the registrar. This bond is prohibited from being issued in coupon or bearer form without the consent of the Town and the occurrence of certain other conditions. TOWN OF FOUNTAIN HILLS, ARIZONA _________________________________________ Mayor ATTEST: Town Clerk 2245994.3 A-3 AUTHENTICATION CERTIFICATE This bond is one of the Town of Fountain Hills, Arizona, General Obligation Bonds, Series 2014, described in the resolution mentioned herein. ZIONS FIRST NATIONAL BANK,as Registrar ________________________________________ Authorized Representative - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (INSERT INSURANCE STATEMENT HERE, IF APPLICABLE) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FORM OF ASSIGNMENT The following abbreviations, when used in this bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -as tenants in common UNIF GIFT/TRANS MIN ACT-_______Custodian_______ TEN ENT -as tenants by the entireties (Cust) (Minor) JT TEN -as joint tenants with right of survivorship under Uniform Gifts/Transfers to Minors Act (State) and not as tenants in common Additional abbreviations may also be used though not in list above ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Name and Address of Transferee) the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints ____________ ______________________________________________, attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated _______________________ __________________________________________ Note: The signature(s) on this assignment must correspond with the name(s) as written on the within registered bond in every particular without alteration or enlargement or any change whatsoever. Signature Guaranteed: _________________________________________________ Firm or Bank _________________________________________________ Authorized Signature Signature guarantee should be made by a guarantor institution participating in the Securities Transfer Agents Medallion Program or in such other program acceptable to the Registrar ALL FEES AND TRANSFER COSTS SHALL BE PAID BY THE TRANSFEROR 2245994.3 B-1 EXHIBIT B List of Projects Financed and Bond Authorization Utilized Town of Fountain Hills, Arizona General Obligation Bonds, Series 2014 Amount Maturity Election Date Purpose $2016-2020 November 5, 2013 Designing, improving, constructing, reconstructing and rehabilitating Saguaro Boulevard, including any curb, gutter, sidewalks, traffic signal/control systems, underground utility lines, landscaping, and other improvements appurtenant or adjacent thereto 2245994.3 C-1 EXHIBIT C Underwriter’s Bid 2246049.3 FEDERAL TAXPAYER I.D. NO. ___________ BOND REGISTRAR, TRANSFER AGENT AND PAYING AGENT CONTRACT FOR BONDS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA This Bond Registrar, Transfer Agent and Paying Agent Contract dated as of ________ 1, 2014 (the "Contract"), is made and entered into between the TOWN OF FOUNTAIN HILLS, ARIZONA (hereinafter called the "Town"), and ZIONS FIRST NATIONAL BANK, Phoenix,Arizona (hereinafter called the "Bank"), and witnesseth as follows: The Town will issue its Town of Fountain Hills, Arizona, General Obligation Bonds, Series 2014 (the "Bonds") in the aggregate principal amount of $_________________. The Mayor and Council (the "Council") of the Town have determined that the services of a bond registrar, transfer agent and paying agent are necessary and in the best interests of the Town. Initially, the Bonds will be issued in book-entry-only form through The Depository Trust Company ("DTC") and, so long as the book-entry-only system (the "Book-Entry-Only-System") is in effect the Bonds will be registered in the name of Cede & Co., the nominee name of DTC. The Bank desires to perform registrar, transfer agent and paying agent services during the life of Bonds. For and in consideration of the mutual promises, covenants, conditions and agreements hereinafter set forth, the parties do agree as follows: 1.Services. The Bank hereby agrees to provide the following services: A.Bond registrar services which shall include, but not be limited to (1)initial authenticating and verifying the Bonds; (2) keeping registration books sufficient to comply with Section 149 of the Internal Revenue Code of 1986, as amended (the "Code"); (3)recording transfers of ownership of the Bonds promptly as such transfers occur; (4)protecting against double or over- issuance; (5) authenticating new Bonds prepared for issuance to transferees of original and subsequent purchasers; and (6) informing the Town of the need for additional printings of the Bonds should the forms printed prior to initial delivery prove inadequate. B.Transfer agent services which shall include, but not be limited to, (1)receiving and verifying all Bonds tendered for transfer; (2) preparing new Bonds for delivery to transferees and delivering same either by delivery or by mail, as the case may be; (3)destroying Bonds submitted for transfer; and (4) providing proper information for recordation in the registration books. C.Paying agent services which shall include, but not be limited to, (1)providing a billing to the Town at least thirty (30) days prior to a Bond interest payment date setting forth the amount of principal and interest due on such date; (2)preparing, executing, wiring or mailing all interest payments to each registered owner of the Bonds on or before the scheduled payment date and in no event later than the time established by DTC on the date such payments are due (unless sufficient funds to make such payments have not been received by the Bank); (3) verifying all matured Bonds upon their surrender; (4)paying all principal and premium, if any, due upon the Bonds as they are properly surrendered therefor to the Bank; (5) preparing a semiannual 2246049.3 2 reconciliation showing all principal and interest paid during the period and providing copies thereof to the Town; (6)inventorying all documentation of payments made, including the amount, payee and wire confirmation or imaged information, for six (6) years after payment; and (7)making proof of such payments available to the Town or any owner or former owner. 2.Record Date. The "Record Date" for the payment of interest will be the fifteenth (15th) day of the month preceding an interest payment date. Normal transfer activities will continue after the Record Date but the interest payment on a particular Bond will be mailed to the registered owners of Bonds as shown on the books of the Bank on the close of business on the Record Date. Principal (and premium, if any) shall be paid only on surrender of the particular Bond at or after its maturity or prior redemption date, if applicable. 3.Redemption Notices. The Bank agrees to provide certain notices to the Bond owners as required to be provided by the Bank in, and upon being provided with a copy of, the resolution of the Town approving the issuance, sale and delivery of the Bonds. So long as the Book- Entry-Only System is in effect, the Bank shall send notices of redemption to DTC in the manner required by DTC. If the Book-Entry-Only System is discontinued, the Bank shall mail notice of redemption of any Bond to the registered owner of the Bond or Bonds being redeemed at the address shown on the bond register maintained by the registrar not more than sixty (60) nor less than thirty (30) days prior to the date set for redemption. Notice of redemption may be sent to any securities depository by mail, facsimile transmission, wire transmission or any other means of transmission of the notice generally accepted by the respective securities depository. Neither the failure of any registered owner of Bonds to receive a notice of redemption nor any defect therein will affect the validity of the proceedings for redemption of Bonds as to which proper notice of redemption was given. The Bank also agrees to send notice of any redemption to the Municipal Securities Rulemaking Board (the "MSRB"), currently through the MSRB's Electronic Municipal Market Access system ("EMMA"), in the manner required by the MSRB, but no defect in said further notice or record nor any failure to give all or a portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed above. If moneys for the payment of the redemption price and accrued interest are not held in separate accounts by the Town or by a paying agent prior to sending the notice of redemption, such redemption shall be conditional on such moneys being so held on the date set for redemption and if not so held by such date, the redemption shall be cancelled and be of no force and effect. Each redemption notice must contain, at a minimum, the complete official name of the issue with series designation, CUSIP number, certificate numbers, amount of each Bond called (for partial calls), date of issue, interest rate, maturity date, publication date (date of release to the general public or the date of general mailing of notices to Bond owners and information services), redemption date, redemption price, redemption agent and the name and address of the place where Bonds are to be tendered, including the name and phone number of the contact person. Such redemption notices may contain a statement that no representation is made as to the accuracy of the CUSIP numbers printed therein or on the Bonds. 4.Issuance and Transfer of Bonds. The Bank will issue the Bonds to registered owners, require the Bonds to be surrendered and cancelled and new Bonds issued upon transfer, and maintain a set of registration books showing the names and addresses of the owners 2246049.3 3 from time to time of the Bonds. The Bank shall promptly record in the registration books all changes in ownership of the Bonds. 5.Payment Deposit. The Town will transfer immediately available funds to the Bank no later than one (1) business day prior to or, if agreed to by the parties hereto, on the date on which the interest, principal and premium payments (if any) are due on the Bonds, but in no event later than the time established by DTC, on the date such payments are due. The Bank shall not be responsible for payments to Bond owners from any source other than moneys transferred, or caused to be transferred, to it by the Town. 6.Collateral. The Bank shall collateralize the funds on deposit at the Bank in accordance with A.R.S. §§ 35-323 and 35-491. 7.Turnaround Time. The Bank will comply with the three (3) business day turnaround time required by Securities and Exchange Commission Rule 17Ad-2 on routine transfer items. 8.Fee Schedule; Initial Fee. For its services under this Contract, the Town will pay the Bank in accordance with the fee schedule set forth in the attached Exhibit A, which is incorporated herein by reference. The fee for the Bank's initial services hereunder and services to be rendered until June 30, 2015 is $_______ and shall be billed by the Bank to the Town after closing and paid by the Town after the initial delivery of the Bonds solely from proceeds of the Bonds. Subsequent payments shall be made in accordance with this Contract. 9.Costs and Expenses. The Town hereby agrees to pay all costs and expenses of the Bank pursuant hereto. If, for any reason, the amounts the Town agrees to pay herein may not be paid from the annual tax levy for debt service on the Bonds, such costs shall be paid by the Town from any funds lawfully available therefor and the Town agrees to take all actions necessary to budget for and authorize expenditure of such amounts. 10.Fees for Services in Subsequent Fiscal Years. The Bank will bill the Town on or about June 1, 2015, and prior to each June 1 thereafter. 11.Hold Harmless. The Bank shall indemnify and hold harmless the Town, its Mayor and Council, the Finance Director and all boards, commissions, officials, officers and employees of the Town, individually and collectively, from the Bank's failure to perform to its standard of care as herein stated. 12.Standard of Care Required. In the absence of bad faith on its part in the performance of its services under this Contract, the Bank shall not be liable for any action taken or omitted to be taken by it in good faith and believed by it to be authorized hereby or within the rights and powers conferred upon it hereunder, nor for action taken or omitted to be taken by it in good faith and in accordance with advice of counsel, and shall not be liable for any mistakes of fact or errors of judgment or for any actions or omissions of any kind unless caused by its own willful misconduct or negligence. 13.Entire Contract. This Contract and Exhibit A attached hereto contain the entire understanding of the parties with respect to the subject matter hereof, and no waiver, alteration 2246049.3 4 or modification of any of the provisions hereof, shall be binding unless in writing and signed by a duly authorized representative of all parties hereto. 14.Amendment. The Town and the Bank reserve the right to amend any individual service set forth herein or all of the services upon providing a sixty (60) day prior written notice. Any corporation, association or agency into which the Bank may be converted or merged, or with which it may be consolidated, or to which it may sell or transfer its corporate trust business and assets as a whole or substantially as a whole, or any corporation or association resulting from such conversion, sale merger, consolidation or transfer to which it is a party, ipso facto, shall be and become successor registrar, transfer agent and paying agent under this Contract and vested with all or the same rights, powers, discretions, immunities, privileges and all other matters as was its predecessor, without the execution or filing of any instrument or any further act, deed or conveyance on the part of any of the parties hereto, anything herein to the contrary notwithstanding. 15.Resignation or Replacement. The Bank may resign or the Town may replace the Bank as registrar, transfer agent and paying agent at any time by giving thirty (30) days' written notice of resignation or replacement to the Town or to the Bank, as applicable. The resignation shall take effect upon the appointment of a successor registrar, transfer agent and paying agent. A successor registrar, transfer agent and paying agent will be appointed by the Town; provided, that if a successor registrar, transfer agent and paying agent is not so appointed within ten (10) days after a notice of resignation is received by the Town, the Bank may apply to any court of competent jurisdiction to appoint a successor registrar, transfer agent and paying agent. Any resignation or replacement of the Bank pursuant to this Section shall be without cost to the Town. In the event the Bank resigns or is replaced, the Town reserves the right to appoint a successor registrar, transfer agent and paying agent who may qualify pursuant to A.R.S. § 35-491, et seq., or any subsequent statute pertaining to the registration, transfer and payment of bonds. In such event the provisions hereof with respect to payment by the Town shall remain in full force and effect, but the Finance Director shall then be authorized to use the funds collected for payment of the costs and expenses of the Bank hereunder, provided that the Bank shall have been paid its fees and expenses due and owing to it, to pay the successor registrar, transfer agent and paying agent or as reimbursement if the Town acts as registrar, transfer agent and paying agent. 16.Reports to Arizona Department of Revenue. The Bank shall make such reports to the Arizona Department of Revenue (the "Department") pertaining to the retirement of any Bonds and of all payments of interest thereon within thirty (30)days of a request therefor, from the Town or its agents to comply with the requirements of the Department pursuant to A.R.S. §35-502. 17.Form of Records. The Bank's records shall be kept in compliance with standards as have been or may be issued from time to time by the Securities and Exchange Commis- sion, the MSRB, the requirements of the Code and any other securities industry standard. The Bank shall retain such records in accordance with the applicable record keeping standard of the Internal Revenue Service. 18.Advice of Counsel and Special Consultants. When the Bank deems it necessary or reasonable, it may apply to Gust Rosenfeld P.L.C. or such other law firm or attorney approved by the Town for instructions or advice. Any fees and costs incurred shall be added to the next fiscal year's fees, costs and expenses to be paid to the Bank. 2246049.3 5 19.Examination of Records. The Town, or its duly authorized agents may examine the records relating to the Bonds at the office of the Bank where such records are kept at reasonable times as agreed upon with the Bank and such records shall be subject to audit from time to time at the request of the Town, the Bank or the Auditor General of the State of Arizona (the "State"). 20.Payment of Unclaimed Amounts. In the event any check for payment of interest on a Bond is returned to the Bank unendorsed or is not presented for payment within two (2) years from its payment date, or any Bond is not presented for payment of principal at the maturity or redemption date, if applicable, if funds sufficient to pay such interest or principal due upon such Bond shall have been made available to the Bank for the benefit of the owner thereof, it shall be the duty of the Bank to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bond who shall thereafter be restricted exclusively to such funds for any claim of whatever nature relating to such Bond or amounts due thereunder. The Bank's obligation to hold such funds shall continue for 2 years and 6 months (subject to applicable escheat or unclaimed property law) following the date on which such interest or principal payment became due, whether at maturity or at the date fixed for redemption, or otherwise, at which time the Bank shall surrender such unclaimed funds so held to the Town, whereupon any claim of whatever nature by the owner of such Bond arising under such Bond shall be made upon the Town and shall be subject to the provisions of applicable law. 21.Invalid Provisions. If any provision hereof is held to be illegal, invalid or unenforceable under present or future laws, this Contract shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Contract; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision. 22.Mutilated, Lost or Destroyed Bonds. With respect to Bonds which are mutilated, lost or destroyed, the Bank shall cause to be executed and delivered a new Bond of like date and tenor in exchange and substitution for and upon the cancellation of such mutilated Bond or in lieu of and in substitution for such Bond lost or destroyed, upon the registered owner's paying the reasonable expenses and charges in connection therewith and, in the case of any Bond destroyed or lost, filing by the registered owner with the Bank and the Town of evidence satisfactory to the Bank and the Town that such Bond was destroyed or lost, and furnishing the Bank and the Town with a sufficient indemnity bond pursuant to A.R.S.§ 47-8405. 23.Conflict of Interest. Each party gives notice to the other parties that A.R.S. § 38-511 provides that the State, its political subdivisions or any department or agency of either, may within three (3) years after its execution cancel any contract without penalty or further obligation made by the State, its political subdivisions or any of the departments or agencies of either, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the State, its political subdivisions or any of the departments or agencies of either, is at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. 24.Covenants. The Town has agreed in its authorizing resolution to take all necessary actions required to preserve the tax-exempt status of the Bonds. Such actions may require the calculation of amounts of arbitrage rebate which may be due and owing to the United States. The 2246049.3 6 calculation of such rebate amount may be performed by an individual or firm qualified to perform such calculations and who or which may be selected and paid by the Town. If the Town does not retain a consultant to do the required calculations concerning arbitrage rebate and if, in the sole discretion of the Town, a rebate calculation is required to permit interest on the Town's Bonds to be and remain exempt from gross income for federal income tax purposes, the Town may include, in addition to all other bills payable under this Contract, the costs and expenses and fees of an arbitrage consultant. The Town may contract with a consultant to perform such arbitrage calculations as are necessary to meet the requirements of the Code. All fees, costs and expenses so paid may be deducted from moneys of the Town or from tax levies made to pay the interest on the Bonds. Such costs, fees and expenses shall be considered as interest payable on the Bonds. This Contract shall be full authority to the Town to cause to be levied and collected such amounts as may be necessary to make all rebates to the United States of America. 25.Levy for Expenses. Except for the initial fiscal year's costs and expenses, all costs and expenses incurred with respect to services for registration, transfer and payment of the Bonds and, if applicable, for costs and expenses in connection with the calculation of arbitrage rebate shall be treated as interest on the Bonds and the Town agrees to include the same in the taxes levied for interest debt service during each of the ensuing fiscal years. 26.Waiver of Trial by Jury. Each party hereto hereby agrees not to elect a trial by jury of any issue triable of right by jury, and waives any right to trial by jury fully to the extent that any such right shall now or hereafter exist with regard to this Contract, or any claim, counterclaim or other action arising in connection herewith. This waiver of right to trial by jury is given knowingly and voluntarily by each party, and is intended to encompass individually each instance and each issue as to which the right to a trial by jury would otherwise accrue. 27.Governing Law. The Contract is governed by the laws of the State. 28.Transfer Expenses. The transferor of any Bond will be responsible for all fees and costs relating to such transfer of ownership. 29.E-verify Requirements. To the extent applicable under A.R.S. § 41-4401, the Bank and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and compliance with the E-verify requirements under A.R.S.§ 23- 214(A). The Bank's, or its subcontractors', breach of the above-mentioned warranty shall be deemed a material breach of the Contract and may result in the termination of the Contract by the Town. The Town retains the legal right to randomly inspect the papers and records of the Bank and its subcontractors who work on the Contract to ensure that the Bank and its subcontractors are complying with the above-mentioned warranty. The Bank and its subcontractors warrant to keep the papers and records open for random inspection by the Town during normal business hours. The Bank and its subcontractors shall cooperate with the Town's random inspections including granting the Town entry rights onto its property to perform the random inspections and waiving their respective rights to keep such papers and records confidential. 30.Electronic Storage. The parties hereto agree that the transactions described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproduction of original executed documents shall be deemed to be 2246049.3 7 authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. 31.Counterparts. This contract may be executed in several counterparts, each of which shall be an original, but all of which together shall constitute but one instrument. This Contract is dated and effective as of _________, 2014. TOWN OF FOUNTAIN HILLS, ARIZONA By___________________________________ Mayor ATTEST: _________________________________ Town Clerk ZIONS FIRST NATIONAL BANK as Bank By____________________________________ Authorized Representative Attach as Exhibit A the fee schedule of the Bank. 2246070.4 $_________________ TOWN OF FOUNTAIN HILLS, ARIZONA GENERAL OBLIGATION BONDS, SERIES 2014 CONTINUING DISCLOSURE CERTIFICATE (CUSIP NO. 350713) This Continuing Disclosure Certificate (the "Disclosure Certificate") is undertaken by the Town of Fountain Hills, Arizona (the "Town") in connection with the issuance of General Obligation Bonds, Series 2014 (the "Bonds"). In consideration of the initial sale and delivery of the Bonds, the Town covenants as follows: Section 1.Purpose of the Disclosure Certificate. This Disclosure Certificate is for the benefit of the Bondholders (as defined herein) and in order to assist the Participating Underwriter (as defined herein) in complying with the Rule (as defined herein). Section 2.Definitions. Any capitalized term used herein shall have the following meanings, unless otherwise defined herein: "Annual Report" shall mean the annual report provided by the Town pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Bondholder" shall mean any registered owner or beneficial owner of the Bonds. "Bond Counsel" shall mean Gust Rosenfeld P.L.C. or such other nationally recognized bond counsel as may be selected by the Town. "Dissemination Agent" shall mean the Town or any person designated in writing by the Town as the Dissemination Agent. "EMMA" shall mean the Electronic Municipal Market Access system and the EMMA Continuing Disclosure Service of MSRB, or any successor thereto approved by the United States Securities and Exchange Commission, as a repository for municipal continuing disclosure information pursuant to the Rule. "Listed Events" shall mean any of the events listed in Section 5 of this Disclosure Certificate. "MSRB" shall mean the Municipal Securities Rulemaking Board, or any successor thereto. "Official Statement" shall mean the final official statement dated December ___, 2014 relating to the Bonds. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. 2246070.4 2 Section 3.Provision of Annual Reports. (a)The Town shall, or shall cause the Dissemination Agent to, not later than February 1 of each year (the "Filing Date"), commencing February 1, 2016, provide electronically to MSRB, in a format prescribed by MSRB, an Annual Report for the fiscal year ending on the preceding June 30 which is consistent with the requirements of Section 4 of this Disclosure Certificate. Currently, filings are required to be made with EMMA. Not later than fifteen (15) business days prior to the Filing Date, the Town shall provide the Annual Report to the Dissemination Agent (if other than the Town). (b)If the Town is unable or for any reason fails to provide electronically to EMMA an Annual Report or any part thereof by the Filing Date required in subsection (a)above, the Town shall promptly send a notice to EMMA in substantially the form attached as Exhibit A not later than the Filing Date. (c)If the Town's audited financial statements are not submitted with the Annual Report and the Town fails to provide to EMMA a copy of its audited financial statements within 30 days of receipt thereof by the Town, then the Town shall promptly send a notice to EMMA in substantially the form attached as Exhibit B. (d)The Dissemination Agent shall: (i)Determine each year prior to the date(s) for providing the Annual Report and audited financial statements the proper electronic filing address of EMMA; and (ii)If the Dissemination Agent is other than the Town, file a report or reports with the Town certifying that the Annual Report and audited financial statements, if applicable, have been provided pursuant to this Disclosure Certificate, stating the date such information was provided and listing where it was provided. Section 4.Content of Annual Reports. (a)The Annual Report may be submitted as a single document or as separate documents comprising an electronic package, and may incorporate by reference other information as provided in this Section, including the audited financial statements of the Town; provided, however, that if the audited financial statements of the Town are not available at the time of the filing of the Annual Report, the Town shall file unaudited financial statements of the Town with the Annual Report and, when the audited financial statements of the Town are available, the same shall be submitted to EMMA within 30 days of receipt by the Town. (b)The Town's Annual Report shall contain or incorporate by reference the following: (i)Type of Financial and Operating Data to be Provided: (A)Subject to the provisions of Sections 3 and 4(a) hereof, annual audited financial statements for the Town. (B)Annually updated financial information and operating data of the type contained in the following tables of the Official Statement: Table 6 -Financial Data –Current Year Statistics; Table 7 -Statements of Bonded Indebtedness –Direct General Obligation Bonded Debt; Table 14 -Secondary Assessed Valuation by Property Classification; and 2246070.4 3 Table 18 -Real and Secured Property Taxes Levied and Collected. (C)In the event of an amendment pursuant to Section 8 hereof not previously described in an Annual Report, an explanation, in narrative form, of the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided and, if the amendment is made to the accounting principles to be followed, a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles, including a qualitative discussion of the differences, and the impact on the presentation and, to the extent feasible, a quantitative comparison. (ii)Accounting Principles Pursuant to Which Audited Financial Statements Shall Be Prepared: The audited annual financial statements shall be prepared in accordance with generally accepted accounting principles and state law requirements as are in effect from time to time. A more complete description of the accounting principles currently followed in the preparation of the Town's audited annual financial statements is contained in Note 1 of the audited financial statements included within the Official Statement. (c)Any or all of the items listed above may be incorporated by reference from other documents, including official statements of debt issues of the Town or related public entities, which have been submitted to EMMA or the Securities and Exchange Commission. If the document incorporated by reference is a final official statement, it must be available from EMMA. The Town shall clearly identify each such other document so incorporated by reference. Section 5.Reporting of Listed Events. (a)This Section 5 shall govern the giving of notices by the Town of the occurrence of any of the following events with respect to the Bonds. The Town shall in a timely manner, not in excess of ten business days after the occurrence of the event, provide notice of the following events with EMMA: (1)Principal and interest payment delinquencies; (2)Non-payment related defaults, if material; (3)Unscheduled draws on debt service reserves reflecting financial difficulties; (4)Unscheduled draws on credit enhancements reflecting financial difficulties; (5)Substitution of credit or liquidity providers, or their failure to perform; (6)Adverse tax opinions, the issuance by the Internal Revenue Service (the "IRS") of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7)Modifications to rights of Bondholders, if material; (8)Bond calls, if material, and tender offers; (9)Defeasances; (10)Release, substitution, or sale of property securing repayment of the Bonds, if material; (11)Rating changes; (12)Bankruptcy, insolvency, receivership or similar event of the Town; (13)The consummation of a merger, consolidation, or acquisition involving the Town or the sale of all or substantially all of the assets of the Town, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material;and (14)Appointment of a successor or additional trustee or the change of name of a trustee, if material 2246070.4 4 "Materiality" will be determined in accordance with the applicable federal securities laws. Note to Section 5: For the purposes of the event identified in Section 5, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the Town in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the Town, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan or reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Town. Section 6.Termination of Reporting Obligation. The Town's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. Such termination shall not terminate the obligation of the Town to give notice of such defeasance or prior redemption. Section 7.Dissemination Agent. The Town may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. Section 8.Amendment. Notwithstanding any other provision of this Disclosure Certificate, the Town may amend this Disclosure Certificate if: (a)The amendment is made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in identity, nature or status of the Town, or the type of business conducted; (b)This Disclosure Certificate, as amended, would, in the opinion of Bond Counsel, have complied with the requirements of the Rule at the time of the primary offering of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c)The amendment does not materially impair the interests of Bondholders, as determined by Bond Counsel. Notice of any amendment to the accounting principles shall be sent within 30 days to EMMA. Section 9.Filing with EMMA. The Town shall, or shall cause the Dissemination Agent to, electronically file all items required to be filed with EMMA. Section 10.Additional Information. If the Town chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Town shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. Section 11.Default. In the event of a failure of the Town to comply with any provision of this Disclosure Certificate any Bondholder may seek specific performance by court order to cause the Town to comply with its obligations under this Disclosure Certificate. The sole remedy under this Disclosure Certificate in the event of any failure of the Town to comply with this Disclosure Certificate shall be an action to compel performance and such failure shall not constitute a default under the Bonds or the resolution authorizing the Bonds. 2246070.4 5 Section 12.Compliance by the Town. The Town hereby covenants to comply with the terms of this Disclosure Certificate. The Town expressly acknowledges and agrees that compliance with the undertaking contained in this Disclosure Certificate is its sole responsibility and the responsibility of the Dissemination Agent, if any, and that such compliance, or monitoring thereof, is not the responsibility of, and no duty is present with respect thereto for, the Participating Underwriter, Bond Counsel or the Town's financial advisor. Section 13.Subject to Appropriation. Pursuant to Arizona law, the Town's undertaking to provide information under this Disclosure Certificate is subject to appropriation to cover the costs of preparing and sending the Annual Report and notices of listed events to EMMA. Should funds that would enable the Town to provide the information required to be disclosed hereunder not be appropriated, then notice of such fact will be made in a timely manner to EMMA in the form of Exhibit C attached hereto. Section 14.Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Town, the Dissemination Agent, the Participating Underwriter and Bondholders, and shall create no rights in any other person or entity. Section 15.Governing Law and Interpretation of Terms. This Disclosure Certificate shall be governed by the law of the State of Arizona and any action to enforce this Disclosure Certificate must be brought in an Arizona state court. The terms and provisions of this Disclosure Certificate shall be interpreted in a manner consistent with the interpretation of such terms and provisions under the Rule and the federal securities law. Date: _________________, 2014 TOWN OF FOUNTAIN HILLS, ARIZONA By______________________________________ Craig Rudolphy, Finance Director 2246070.4 EXHIBIT A NOTICE OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Town of Fountain Hills, Arizona Name of Bond Issue:$_________General Obligation Bonds, Series 2014 Dated Date of Bonds:_________, 2014 CUSIP 350713 NOTICE IS HEREBY GIVEN that the Town has not provided an Annual Report with respect to the above- named Bonds as required by Section 3(a) of the Disclosure Certificate dated ________, 2014. The Town anticipates that the Annual Report for the fiscal year ended June 30, ____ will be filed by ______________________. Dated: Town of Fountain Hills, Arizona By__________________________________________ Its __________________________________________ -------------------------------------------------------------------------------------------------------------------------------------------- EXHIBIT B NOTICE OF FAILURE TO FILE AUDITED FINANCIAL STATEMENTS Name of Issuer: Town of Fountain Hills, Arizona Name of Bond Issue:$_________General Obligation Bonds, Series 2014 Dated Date of Bonds:_________, 2014 CUSIP 350713 NOTICE IS HEREBY GIVEN that the Town failed to provide its audited financial statements with its Annual Report or, if not then available, within 30 days of receipt as required by Section 4(a) of the Disclosure Certificate dated __________, 2014, with respect to the above-named Bonds. The Town anticipates that the audited financial statements for the fiscal year ended June 30, ____ will be filed by ______________________. Dated: Town of Fountain Hills, Arizona By_________________________________________ Its _________________________________________ -------------------------------------------------------------------------------------------------------------------------------------------- EXHIBIT C NOTICE OF FAILURE TO APPROPRIATE FUNDS Name of Issuer: Town of Fountain Hills, Arizona Name of Bond Issue:$_________General Obligation Bonds, Series 2014 Dated Date of Bonds:_________, 2014 CUSIP 350713 NOTICE IS HEREBY GIVEN that the Town failed to appropriate funds necessary to perform the undertaking required by the Disclosure Certificate dated _________, 2014. Dated: ________________ Town of Fountain Hills, Arizona By_________________________________________ Its ________________________________________ TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:12/4/2014 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Robert Rodgers,Senior Planner rrodgers@fh.az.com 480-816-5138 Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of CUT & FILL WAIVERS for "Parcel B at Firerock",a multi-family project located on the northeast side of Firerock Country Club Drive.Case #CFW2014-01 Applicant:Jeff Nielsen,Toll Brothers AZ Construction Co. Applicant Contact Information:8767 Via de Ventura #390 Scottsdale,AZ 85258 (480)596-5815 Property Location: The subject property is "Parcel B" in the Firerock Country Club located on the Northeast side of Firerock Country Club Drive between the 10th Fairway and the Driving Range.(APN 176-11-004) Staff Summary (background): This is a proposed 64-unit condominium project on 14.63 Acres.The project is located in the M-1 PUD Multi- Family Zoning District.The subject property is currently vacant.The property is primarily hillside and has some areas that were previously disturbed during the golf course construction.The M-1 PUD Zoning District would allow for up to a maximum of 8 dwelling units per acre,or 117 total units. SURROUNDING LAND USES &ZONING: North:Firerock Country Club -Zoning "OSR-2" South:Firerock Country Club -Zoning "OSR-2" East:Firerock Country Club -Zoning "OSR-2" West:Firerock Country Club Clubhouse -Zoning "OSR-1 PUD" BACKGROUND: The subject property is included within the Firerock Country Club Area Specific Plan as a 14+ acre,multi-family parcel. The zoning designation is "M-1 PUD"with a maximum dwelling unit density of 88 units.Additionally, applicants are required to provide a Hillside Protection Easement (HPE) to be recorded protecting post- development undisturbed areas. Parcel B at Firerock is proposed to consist of 64 condominium dwelling units on 14.63 acres with four basic floorplans with additional options for basements and garage entries. The buildings will have two units each and will be of a southwestern contemporary architectural design. Page 1 of 4 Firerock Parcel B CFW 2014-01 Primary vehicular access is proposed off Firerock CountryClub Drive.The road is a 1,636' +long cul-de-sac with a loop road of approximately 655'+long.A 20' wide emergency vehicular and pedestrian access/egress path has been provided along the south property line and is located within a joint utility/access easement. All units have been provided with two-car garages. Additionally, 16 designated off-street parking spaces,as well as and the unit's driveways,are available to provide off-street visitor parking. No community amenities such as pools,tennis courts,or the like have been provided. Under the terms of the Firerock Development Agreement,this parcel was allotted a disturbance envelope of 8.01 Acres.The plan proposes 5.1 acres of roadway and utility disturbance which is exempted,leaving a NET disturbance area of 7.98 acres.This leaves a residual 1.56 acres to be protected by an Hillside Protection Easement.The proposed density is less than the maximum density allowable under the terms of the PUD. Unit design and location has been examined for aesthetics and accessibility.Emergency access requirements have been addressed for both vehicles and pedestrians. Staff has worked extensively with the applicants to bring the proposal into conformance with the Town's ordinance requirements.This has been accomplished with the exception of the depths of some of the Cuts which must be addressed by the Town Council.The Cut Waiver (#CFW2014-01)technically does not require Planning &Zoning Commission action.However,as this issue is integral to other portions of this proposal, Staff recommends that the Planning &Zoning Commission forward a favorable recommendation to the Town Council.The Zoning Ordinance allows for the cutting of areas up to 10' in depth.The proposal requests waivers to allow five areas of significant cut in excess of 10' in depth. CUT WAIVERS: Cut Waiver 1 (Green)=38,974 Square feet (.89 Acres) Visible cut area ranges from 10' - 15'deep with a maximum depth of 15'. Cut Waiver 2 (Turquoise)=38,849 Square feet (.89 Acres) Visible cut area ranges from 15' - 20'deep with a maximum depth of 20'. Cut Waiver 3 (Purple) =18,862 Square feet (.43 Acres) Visible cut area ranges from 20' - 25'deep with a maximum depth of 25'. Cut Waiver 4 (Yellow)=1,893 Square feet (.04 Acres) Visible cut area ranges over 25'deep with a maximum depth of 26.92'. This is the deepest area of cut and is located north of building 53-54 between the building and the roadway. Combined total visible cut areas in excess of 10'equals 98,578 square feet (2.26 Acres).This represents 15.4% of the total project site. All four areas of cut in excess of ten feet are necessary due to roadway, driveway,or emergency access grading requirements. FILL WAIVER:(Dark Blue) The previously approved proposal included waivers to allow fill between 10' and 16'deep in an area approximately 3,920 square feet in size.The current proposal requests one fill waiver of .51'deep in an area 55 square feet in size near the roadway entrance to the development. The Condominium Plat has not yet been applied for.Itis anticipated that this application will be made once the project is underway. Page2 of4 Firerock Parcel B CFW 2014-01 APPROVALS REQUIRED: The proposal will require the following approvals: A.Concept Plan (CP2014-02)-Approved by the Planning &Zoning Commission on Nov. 13, 2014. B.Cut & Fill Waivers (CFW2014-01) C.Condominium Plat (Not yet applied for) Risk Analysis (options or alternatives with implications): Approval of the Cut &Fill waivers being requested will allow the applicants to develop 64 condominiums at the proposed location in accordance with the approved Concept Plan. Denial of the Cut &Fill waivers will not allow the applicant to develop 64 condominiums at the proposed location or, will cause the applicants to re-design their proposal in an effort to reduce or eliminate the waivers. Fiscal Impact (initial and ongoing costs;budget status):None Budget Reference (page number):NA Funding Source:NA If Multiple Funds utilized,list here:NA Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s): The Planning &Zoning Commission has forwarded a recommendation to approve the Cut/Fill Waivers for Parcel B at Firerock (Case #CFW2014-01)as shown. The Commission also approved the Concept Plan for Parcel B at Firerock (Case #CP2014-02)subject to the following stipulations: 1.The applicant shall provide a landscaping and lighting plan prior to the issuance of any building permit and no occupancy permit shall be issued prior to the completion of all site improvements as depicted and approved.Landscaping plans shall include irrigation details. 2.The applicant shall submit Site Improvement Plans.All utilities and drainage features must be installed and functional as shown on the improvement plans and approved by the Town Engineer prior to the issuance of any building permit. 3. No occupancy permit shall be issued prior to the completion of all site improvements as depicted and approved.Said improvements must be approved by both the Town Engineer and the Planning Administrator. 4. The applicant shall ensure that the Emergency Vehicular Access Roadway is installed,fully functional,and approved by the Fountain Hills Fire Department prior to the issuance of any building permit. 5.All off-site drainage or other utility improvements required as conditions of this approval shall return any off-site disturbed areas to a condition similar to, or better than their pre-existing state priorto the issuance of an occupancy permit. This shall include, but is not limited to re-grading,re- vegetating,and re-constructing moved or damaged structures or similar improvements. 6.All off-site improvements required as conditions of any approval regarding this project shall be either constructed,or fully bonded with a performance guarantee in a form and amount satisfactory to the Town Engineer prior to the issuance of an occupancy permit. Page3 of4 Firerock Parcel B CFW 2014-01 7.The applicants shall provide a Hillside Protection Easement for appropriate areas as outlined on the approved plans prior to placing any disturbance fencing or the commencement of any construction activities. 8.Compliance with items 1 and 2 of the October 13,2014 memorandum from the Fountain Hills Sanitary District. 9.Compliance with items 1-9 of the November 5,2014 memorandum from the Fountain Hills Town Engineer. 10.The applicant shall apply to the Fountain Hills Town Council for,and be granted,Cut waivers as needed to substantially comply with the development plans outlined in this Concept Plan. 11.Subject to the applicants fulfilling the Public Art requirement pursuant to Section 19.05.1 of the Fountain Hills Zoning Ordinance prior to the issuance of the first Certificate of Occupancy. Staff Recommendation(s): Staff recommends approval of the Cut/Fill Waivers subject to the stipulations outlined by the Planning &Zoning Commission. List Attachment(s): Circulation Plan Concept Plan Cut & Fill Plan Applicant's Narrative (33 pgs) Applicant's Architectural Elevations (14 pgs) Color &Materials Board (2 pgs) 11/13/2014 Draft P&Z Commission Minutes SUGGESTED MOTION (for Council use): Move to approve the CUT & FILL WAIVERS for "Parcel B at Firerock",a multi-family project located on the northeast side of Firerock Country Club Drive as presented.Case #CFW2014-01 Prepared by:Approved: (Robert Rodqerx November 17,2014 Robert Rodgers,Senior Planner -HAk CjUc^O^November 18,2014 Town Manager Director's Approval: (paul'Mood November 17,2014 Development Services Director Page 4 of4 Star Gaze TrUnknown Unknow n Unkno wn Firerock Coun try C lub Dr Unknow n Shea B l v d 17611129 16108 E STAR GAZE TR 1761113416100 E SHOOTING STAR ST 17611579 15905 E VILLAS DR 17611583 17611591 17611596 17611083 17611004 17611028 17611029A1600 N FIREROCK COUNTRY CLUB DR 17611599 17611030D 17611585 17611598 17611461B 1761113116128 E STAR GAZE TR 17611581 176110849936 N COPPER RIDGE TR 17611127 16044 E STAR GAZE TR 17611095 17611587 1761112816054 E STAR GAZE TR 1761113016118 E STAR GAZE TR 17611125 16029 E STAR GAZE TR 17611161 17611589 1761112616034 E STAR GAZE TR 17611132 16127 E STAR GAZE TR 17611162 View from the Driving Range (South) View from the Villas at Firerock (North) Staff Recommends: 1. Approval the Concept Plan. 2. Forward a recommendation to the Town Council to approve the Cut and Fill Waivers. Subject to the stipulations outlined in the Staff Report v PARCEL B FIREROCK COUNTRY CLUB At Toll Brothers, we build more than homes; we build communities. Trusted since 1967, we’ve been building communities in picturesque settings where luxury meets convenience, and where neighbors become lifelong friends. FIREROCK PARCEL B DESIGN COMPETITION t Parcel B * V APPROVED PLAN 80 units APPROVED PLAN PROPOSED PLAN 64 units PROPOSED PLAN APPROVED PLAN PROPOSED PLAN APPROVED PLAN PROPOSED PLAN APPROVED PLAN PROPOSED PLAN APPROVED PLAN PROPOSED PLAN APPROVED PLAN PROPOSED PLAN APPROVED PLAN PROPOSED PLAN APPROVED PLAN PROPOSED PLAN APPROVED PLAN PROPOSED PLAN LANDSCAPE DESIGN The proposed Sonoran landscape treatment has been a driving factor in the design of Parcel B that will seamlessly blend with the surrounding desert and nestle the development into the site. WATER CHAPARRAL CITY WATER FIRE DEPARTMENT POLICE DEPARTMENT SANITARY DISTRICT ELECTRICITY SALT RIVER PROJECT UTILITIES & PUBLIC SAFETY “ There was a unanimous, positive consensus of the design direction and land planning. The COA was pleased at the proposed addition to the community.” - FIREROCK COMMUNITY ASSOCIATION letter dated 10.6.14 INVEST WISELY IN BEAUTY, IT WILL SERVE YOU ALL THE DAYS OF YOUR LIFE.” - FRANK LLOYD WRIGHT “ SIGNAGE & MONUMENTATION Community monumentation will complement the existing character and quality Materials, features and design will focus on a combination of landscape, topography, stone and metal. FIREROCK AT rOUNTAIN HtL.t-3.AZ >D033Hld IV a TdDWd NVId id3DNOD CUT AND FILL WAIVER PLAN FOR PARCEL B AT FIREROCK c*,*...•*» •MM •<..-„-:-.-.s -.-.,..1.!,,..-t*. I I-.I!DM • ;ISK5 ".-...R 1 -ILiOS I"" iia*m *^*'0 1WM • •.^W win _ 3^KSSm -:-;;^v-~.:,5:-: !.-.-.!».!.••<« III I.I11Hillstsis»iljiij <3 6 5! 1 OF 1 CONCEPT P L A N SUBMITTAL & C U T / E I L L WAIVER RE O U EST PARCELd Firerock Countr -;•:•:, Toil Brothers Residential Development September 25,2014 Updated:October 30,2014 PARCEL B @ FIREROCK COUNTRY CLUB CONCEPT PLAN SUBMITTAL &CUT/FILL WAIVER REQUEST Prepared for:Toll Brothers Contact:Jeff Nielsen Office:(480)596.5815 Email:jnielsen@tollbrothersinc.com Land Planning:Svvaback Partners Design Guidelines:Contact:Jeff Denzak Office:(480)3672100 Email:jdenzak@swabackpartners.com Architecture:BSB Design,Inc. Contact:Brad Sonnenburg Office:(480)663.2100 Email:BSonnenburg@BSBDesign.com Civil Engineering:Atwell Group Contact:Matt Olsen Office:(480)218.8831 Email:molsen@atwell-group.com Legal Counsel:Berry Riddell &Rosensteel LLC Contact:Wendy R. Riddell Office:(480)682,3902 Email:wr@brrlawaz.com TABLE OF CONTENTS 1 Introduction 2 Project Description 3 Architecture 4 Project Zoning 5 Compatibility with the General Plan 6 Streetscape Standards and Guidelines 7 Timing and Phasing 8 Landscape,Lighting &Monumentation p.l p. 14 p. 16 p. 18 p.24 p. 24 P. 26 "The overall design setting and spectacular views will make Parcel B one of the most memorable neighborhoods in all of FireRock" -Vernon D.Swaback,FAIA FA!CP IRE ROCK CONCEPTUAL PLAN SUf SECT 10 N : ! NT RODUC f;Q?-. 1.INTRODUCTION Toll Brothers (the applicant) isproposing a new development for Parcel B (Ml)of the FireRock Planned Unit Development (PUD).Parcel B,identified under the historical FireRock approved PUD consistsofapproximately14.63acres and is located east ofCountryClub Drive,directly across from the clubhouse and adjacent to holes number 10,11 and the practice facilities. Ihe context maps on the following pages provide a visual reference as to the exact locationofthe property.This submittal consists ofa proposed concept planand a cut and fill waiver request for proposed development. Entrance view coming into FireRock Country Club Drive IA L.P AM SUB I 2 S E C T I O SITE CON TEX PARCEL B @ FIREROCK CONCEPTUAL PLAN SUBMIT 3UFS" TE C@NfTEXT PARCEL B a FIREROCK CONCEPTUAL PLAN SUI U EST 0 u c P P RC EL B ©FIR £ R0 C K C O NC EP1 UA L PI.AN S UBM! T WA !Vh P P b0 U ::S" n T f> O D U C T [ O At Toll Brothers,we build more than homes;we build communities.Trusted since 1967,we've been buildingcommunities in picturesque settings where luxury meets convenience, and where neighbors become lifelong friends. When you choose Toll Brothers,a Fortune 1000 company,youchoose our unwavering commitment to quality and customer service.We have won numerous awards - the Company was recently named national Builder of the Year by BUILDER magazine,and was twice named national Builder of the Yearby Professional Builder magazine. Butour greatest reward comes fromthe recognition we receive from our homeowners and the satisfaction that they express.Many Toll Brothers homeowners purchase a second - and even third - home from us, often within the same community, as their needs and preferences change over time. Each Toll Brothers home offers a combination of quality materials and superior design, where every detail is meticulously crafted, and every enhancement you select isseamlessly added to create a dream home that is uniquely yours. At Toll Brothers, we believe that preserving the natural environment is an integral part of creating a community you'll be proud to call home.That means everything from environmentally sensitive planning to energy-efficienthomedesign.Nationwide,Toll Brothers partners withconservation groupsthat include the National Wildlife Federationand Audubon International.In addition,the homes we build are designed to harmonize with the scenic beauty ofthe surrounding landscape. We preserve as much open space as possible,incorporating and even restoring the existing hills, trees, and ponds. Our homes include numerous green features that help to minimize our impacton the environment.By goinggreen with a new Toll Brothershome,you'll be saving money,making a difference, and maximizing your quality of life. I o N 7 R O D U C T IOI Toll Brothers is currently building in 20 states:Arizona,California,Colorado,Connecticut, Delaware,Florida,Illinois,Maryland,Massachusetts,Michigan,Minnesota, Nevada,New Jersey,New York,North Carolina,Pennsylvania,South Carolina,Texas,Virginia,and Washington. Toll Brothers isthe nation's premier builder of luxury homesand isa publicly owned company whose stock is listed on the New York Stock Exchange (NYSETOL). Toll Brothers is currently building in 20 states across the United States and has been committedto building award winning communities throughout Arizona for nearlytwo decades.Beginning witha foundation of qualitydesign and a responsibility to create beautiful places for our residents and neighbors alike,this commitment to excellence is exemplified insome of the finest neighborhoods inArizona that continue to add valueto already vibrant communities beyond. jf£**A{l«L •••PCPL B <S>FIREROCK CONCEPTUAL PLAN SUP-;CUT/FILL WAIVER Q ECU PS : n •;> 2.PROJECT DESCRIPTION The project consists of 32 paired homes (64 total units)carefully situated on the identified parcel to take advantage of the dramatic distant mountain viewsto the north and south. The site access, road layout and location of each building has been designed to "nestle" into the hillside ina manner that limits visualclutter into the site while maximizing viewsout from the property. The planned outcome isa beautiful intimate neighborhood that will live more likea series of luxury single family homes rather than a higher density apartment-like communitywhich iscurrently allowed to be built on the site. Key Site Design Elements include the following: Reduced density from the entitled zoning (88 units)and down from the previously approved plan that was at 80 units Specially designed homes that neatly traverse the slopes on both the north and south faces Significantly reduced vertical massing compared to the previously approved plan Sophisticated site engineering that results ina project that feels "nestled"into the hillside Major reduction invisiblecuts to the landform compared to the previously approved plan that relied on numerous terraced walls and three story buildings Purposeful irregular layout of units that maximizesviewsand creates a varied streetscene Significant increase in undisturbed open space 10 P P c Core Design Initiatives Integrate with surrounding area to compliment the quality and character of FireRock and Fountain Hills. Create a pedestrian oriented neighborhood that encourages walkability Incorporate a curvilinearroad system (private drives)that supports a unique setting VERTICAL MASSING COMPARISON •\ • 3 i I if) Unit 6 Unil -3 CURRENTLY APPROVED PLAN iStJSL The two elevations illustrate the significant difference between the current proposedplanandthe previously v t.r.;< t v./i S t C l' i P '••::P R P i E Avoid monotonybya careful orchestrated layout of building blocks that provides visual diversity Create an attractive appearance by incorporating a desert landscape complimented by desert contemporary architecture that doesn't rely on copying traditional "styles" The conceptual site plan diagram on the following pages illustrates the organization of proposed site elements and features. Unit 25 Unit 23 PROPOSED PLAN approvedplan. PARCEL B iS Pi RE ROCK CONCEPTUAL ?L&'<<•<i a Mir DN 11 \ r- siv \ Nl '? D ^Q I C {"'T Q C S C Q : PARCEL B @ HREROCK CONCEPTUAL PLAN SUBMITTAL &CUT/PILL WAIVER REQUEST ]Dt \ C P P!i O N 1: PAfft«v.tt b t p ION 3:Ci-jS 3.ARCHITECTURE Theproposedplan calls fora seriesofpaired homes that are organized with a combination ofsinglestory units and units designed with grade level access and walk out lower levels. Unlike the previously approved plansthat looked to create multiple level designs that had significant visual impactsto the property,this proposed designand associated architectural massing has a much "lower" profileon the hillside.In addition,the creative southwest contemporary architecture embraces the very best aspects of contextual desert architecture in a manner that orchestratesa beautiful composition of buildings.Because ofthe unique nature ofthe site and the organizationof buildings,associated floor plansand the multi- option positioningof garages,the street scene will have significantvariation. PARCEL B @ PP-CPOCP-CONCEPTUAL Pi AN SUBMITTAL &CI il WAIVER REOLJEi .. m&t\ v,^'\" \6 4.PROJECT ZONING Parcel Bwas zoned under the Firerockzoning case number Z97-46 as M-1 PUD.TheM- 1zoning allows up to 8 dwelling unitsper acre and under that PUD zoningcase, itwas established that Parcel Bisallowedto have upto 88 dwelling units.The proposed number of units is64, or 4.4 dwelling units per acre. The proposed development will consist of attached single family dwellingunits that ispursuant to the M-1 zoning.The buildings will not exceed the 30'building heights from natural ground.This will be a condominiumproject, built within the perimeter setbacks and withvarying distances between units. The proposed development will consist of private streets that meet the minimum hillside standards.An emergency access road will be designed to provide secondary access for emergency use only.Some of the longer driveways also provide a loop inall cases that meets the requirements for emergency access.Trash enclosures will be provided on the sides of the units and shall be screened as require bythe Town.Each unitshall have a two car garage and there are 16off street parking spaces provided for guests to meet the .25 spaces require for parking. Under the PUD associated with the overall Firerock development,Parcel Bisallowed no more than 8.01 acres of disturbance.There is approximately 1.54 acres of undisturbed area and 5.11 acres of exempt roadway and utility area.The remainder from the 14.63 acres is7.98 acres that meets the maximum requirement of 8.01 acres of disturbance. The conceptual grading for Parcel B addresses the following Town of Fountain Hills requirements:the cut and fill limits,maximum buildingheights, driveway slopes ,roadway grades and sight visibility.The design team explored numerous site plan iterations inan effort to minimize the necessary grading and comply withthe regulations.However,due to the topography of the site, and to develop the property ina manner consistent with its' entitlements,it is necessary to obtain a waiver. ! ^ ZONING 17 The limited areas that exceeds the 10r maximum permitted cut isinternalizedon the site at the highpointof the property.Therefore,thisarea is located within the development such that it would not be in a visible location from the exterior ofthe site,and would ultimately be primarily covered by roadways and buildings.The internalized location of the maximum cut exceeding the 10'limit will also serve to lowerthe roof linesand substantially reduce the visualimpact of the development,and permit a better viewof the mountains to the south from Shea Boulevard.This internalizedcut area (approximately 2.13 acres) has proposed cuts from 10' to 20'. The maximum proposed cut of 26.9'islocated at a high point in the center of the community.The development of Parcel Brequires a waiver for the cuts inexcess of10'. Thesite has been designed to limit the cuts exceeding 10' and to reduce the visual impact associated with the cuts,while complying withthe other requirements forthe development of the site, and to create a successful communityfor Fountain Hills. : P TU A L P!.A N S U £M!f FA ;. * C U":"/i- ; L!. Vv\A •V £ R P L:O U E ST "•. 5.COMPATIBILITY WITH THE GENERAL PLAN tele pi PI an and Relationship t©parcel reRoci As the town of Fountain Hills evolves,the General Plan serves as an invaluable instrument to guide and inform thoughtful development that reinforces the towns values and commitments to its citizenry.The proposed development of Parcel Breinforces these values and fits well withinthe goals, objectives, and policies set forth inthe General plan. Through thoughtful design and careful planning, Parcel Bseeks to both integrate with the surrounding desert community and enhance the overall qualityof life For its residents and the active and diverse community beyond. Proposed Request Alignment with the General Plan Specificexamples of howthe proposed development complieswiththe General Plan are as follows (organized per the Elements identified inthe 2010 General Plan): Land Use Element Circulation Element Water Resources Element Environmental Planning Element 2010 GENERAL Pi Fountain Hill MAP (portion) ''O MM '.-.. i&&S C ~)NC tP r.j,-L Pi *\N SUBH;: 1L k Clil -.•!i L \-•*•-<<:-•£OUcS- L ..'r Land Use Element Goal Five:Protect and preserve existing neighborhoods from incompatible adjacent land uses. Objective 5.2: The Town should continue to preserve open space and natural washes as buffers between and withinzoning districts. The proposed development at Parcel Bhas taken carefulconsiderationofpreservingexisting open space, mountainviewsand has incorporated substantial areas of open space ana*native desert. - . O iCJ i&EROCK CONCEPTUAL Pi.AN bin Fountain Hills 3=~General Plan 2M0 - Land "Use F;sn TV •BaM -m *jfitUl6m V t^S c-Fc.T >Lt,v j MMM.;**m •'*•i**m•-* ••V!», 11 •<- . ., -;•< "P )» CVfe ~'"~"!HOW --•—--PjiL'jC iV.-Tj:.-•-••!"-<£••*->r-i v\ a VER BtQUES ' 20 P N O COS I PAT I B I •'-.-'Vi:-a "•:P,P..P".Pi.-iPP.-.P.L Goal One:Create safe and efficient patterns of circulation. Objective 1.8;The Town should encourage secondary access points to all new development areas for temporary and permanent emergency access, including mountain and hillside subdivisions. Goal Iwo:Provide aesthetically pleasing circulation systems. Objective 2.3:The Town should carefully consider requests to waive its roadway standards to facilitate the development of steeply sloping areas,particularly if development will generate visible cut/fill waiver that allowfor the development of any roadway that is visually inappropriate or incompatible with the existing natural terrain. Theproposed development at Parcel Bhas incorporated an emergency access to the southwestcornerof the parcelalong FireRock Country ClubDrive.Theproposed circulation within the development isdesigned fo nestle intothe hillside and provide a beautiful street environmentfor vehicles andpedestrians alike. :>w fc !_ Li cC RE ROC K COM'J U b :•i •i -.1 i ^ £ : . .Mi i.-i " \ .,L n •.}•,..:i • i ; falter Resources Element Goal One: Reduce water usage. Objective 1.3:The Town should encourage new and revitalization projects to be designed ina manner that limits water usage and that would be able to use reclaimed water for landscape irrigation, should it become legally available. The proposed development at Parcel B encourages the reduction of water usage by proposing drought tolerant landscaping thai utilizesnative and adapted plant materials. ,uc>sua.' I ! I E R A L y vPR RPOUES' 22 Envirofv,«>=>'',,is;c:ig Goal One:Promote the continued vigilance and guardianship of the natural desert. Goal Four:Promote environmental stewardship. Objective 4.9:The Town should encourage the use of architectural designs using passive solar heating, shade elements and appropriate insulating materials to reduce energy consumption. The proposed ParcelBdevelopment will take intocareful consideration the natural desert and the impact the development will have on the h ^% surrounding natural environment as well as distant p natural views. Parcel Bhas been designed to have a sensitive impact on the natural environment, preserve mountainviewsfor the surrounding communityand nestle intothe native desert. a.# B (5> -<'' J-ACiiVPn P:POS •f I iffj|f ... «o v •o- 24 S-CT10N 6:S7Pv.£T$CAPE SiANDARDS &G U ID Z Li.Mi S /S b C T iO N 1-TIMING &PHASING 6.STREETSCAPE STANDARDS &GUIDELINES The streets have been designated as hillside private drives.The associated engineering as well as both horizontal and vertical layout shall be coordinated with Townstaff. 7 TIMING &PHASING The development of Parcel B will moveforward upon reviewand approval of the Project construction plans. Itis anticipated the Project will be developed inone major phase. However,there isnothing inthe plan to preclude a combination of sub-phases,as long as the associated infrastructure is in place. PARCEL 3 (a\PiRtROCK CONCEPTUAL PLAN SUBMITTAL & C U 'U PI L',.WAIVLP QlOLH 26 P O N LiM £ N T a O N 8.LANDSCAPE,LIGHTING &MONUMENTATION Landscape Thoughtful landscape treatment is an integral design element in the ParcelBdevelopment. Site sensitivedesign isa visible indicator of quality development and should not only enhance the project itself,but also enrich the community and environment in which it exists. Landscaping should be used to improve the existing site:definemajorentry ways,circulation routes,and open space areas;buffer less intensive land uses;and create visual interest. The landscape treatment for Parcel B will seamlessly blend withthe existingnative desert condition and 'nestle' the development into the site.All landscape improvements for Parcel B shall comply withthe Fountain Hills Subdivision Ordinance Article 6 Landscaping Standards. Only plant materials specified on the Fountain Hills Fountain Hills Subdivision Ordinance Article 6 Plant List,the FireRock Country Club Design Guidelines or as approved by the Community Development Director shall be selected for Parcel B. Design Criteria-. 1.Preserve the existing landscape to the greatest extent possible. 2.Salvage and replant native vegetation per standards and best management practices. 3.Limit exotic ornamentals and areas of turf to special common areas and or courtyards,etc. 4. Use landscape with functional intent; for visual accent,visual buffer/screen , for shade,etc. 5.Utilize low-water use, arid region,native plants. 6. Focus on creating shade and micro-climatic cool zones. 7.Establish attractive tree-lined streets. 8. Establish seamless transitions from existing landscape to the greatest extend possible. Ift E QO C K C O :--C P ";PU A L P ...A N S U 8 MI T \AL & C U T/f i CC;C|f|cg. /AIVER R ECU ESI PC Lighting Lighting will be carefully implemented into Parcel B to provide safety and security,to highlight important architectural/site features and to illuminate wayfinding along pathways. Lightingshall be dark skies compliant and shall comply with the Town of Fountain Hills Zoning Ordinance ft '4'" Chapter 8 Outdoor Lighting Control. The design intent •, i shall be to incorporate appropriate site and exterior lighting in a manner that enhances the environment while balancing the requirements of the Dark Sky Ordinance. Design Criteria Site lighting must be directed onto vegetation or prominent site features such as boulders. Building mounted lightingmust be directed downward away from adjacent lots,street,and open spaces and may not be used to light walls or building elements for decorative purposes. All exterior lighting must provide for significant shielding of light sources and be dark skies compliant. Only incandescent lamps with maximum wattage of 75 watts will be allowed unless approved in writing by the Town of Fountain Hills Community Development Director (see The Townof Fountain Hills Zoning Ordinance,Section 8.01). Security lighting, which is typically bright and of general nature,will be permitted only with the understanding that it will only be used in emergencies. PAScei f3)•••'IP E P 3 C L C 0 i•'C E P " U A L P LA M S U 6 M AIVER MENTiT I O :? i 28 A N D S C A C MO Monumentation Community monumentation will complement the existing character and quality ofthe existing FireRock neighborhoods. The monumentation signage and treatment will be integrated ina thoughtful manner that complements the surrounding design themes,character and treatment.Materials,features and design will focus on a combination of landscape,topography,stone and metal. .-„ ..-. * -*•*#«%*>»• m 1 mm- Mjj%te' Conceptual monumentationsignage. Subjectto change. PARCEL B @ PIREftOCk pal plan submittal CVPP PPPjUPS" "INVEST WISELY IN BEAUTY, IT WILL SERVE YOU ALL THE DAYS OF YOUR LIFE." •FRANK LLOYD WRIGHT FireRock -Parcel B Fountain Hills,Arizona Concept Plan '?3^?^:^C* Toll brothers America's Luxury Borne Builder™ Contact:Jeff Nielsen Email:jnieisen@lollbrothersinc.com Phone:4fiQ.596.5815 8767 East Via de Ventura,Suite 390 Scottsdale,Arizona 85258 Civil Engineering:Architecture: Atwell Group BSB Design Contact:Matt Olsen Contact:Brad Sonnenburg Email:molsen@atwell-group.com Email:bsonnenburg@bsbdesign.com Phone:480.218.8831 Phone:480.663.2100 4700 East Southern Avenue 6125 East Indian School Road,Suite 1001 Mesa,Arizona 85206 Scottsdale,Arizona 85251 Land Planning: Swaback Partners Contact:Jeff Denzak Email:idenzak@swabackpartners.com Phone:480.367.2100 7550 East McDonald Drive Scottsdale.Arizona 85250 Legal Counsel: Berry Riddel)&Rosensteei LLC Contact:Wendy Riddell Email:wr@brrlawaz.com Phone:460-682.3902 6750 East Cameiback Road,Suite 100 Scottsdale,Arizona 85251 *£=sS»§ \ , Right Elevation ' '"""I'*"""*1 Rear Eievation "loll brothers America's Luxury Home Builder" Unitl Scale:VY-V-Q" ; j "" WmM Front Eievation I ONMi Firerock -Parcel B Fountain Hils, Arizona m Front Elevation "Toll brothers America's Luxury Home Builder" •fT fTI '.:•-M .-- - ' s Unit 2 Scalu V4M'-0" Left Elevation Rear Elevation Firerock -Parcel B FountainHiils,Arizona •m Front Elevation Toll ("Brothers America's Luxury Home Builder" Unit 3 .._••.;: Left Elevation -Unit 3 JSIE3^ni*S?»*3H Rear Eievation Firerock -Parcel B FoiinlainHills.Arizona i i«?/2 ~*s Uit Toll brothers America's Luxury'Home Builder' Right Elevation Rear Elevation Unit 4 •V - j—,- *r 'i '......,-• . • •:,;••' C-ySjLL.: Front Eievation Firerock -Parcel B Fountain Hills.Arizona 19.22.14 Oil P •'i/-.\ ^/l "Brothers America's Luxury Home Builder' Unit 3 Unit 1 . Unit 1 & 3 Scale:1/4-=r-0' Front Elevation Rear Elevation Unitl Unit 3 "--C; Firerock -Parcel B Founiain Hills.Arizona /.y • ^/i "Brothers America's Luxury Home Builder" mrmiD I .l :. -1 i 'i |:•: ;,./•.»•-.•LP. Right Elevation Unit 1 Unit 1 & 3 Scale:1.'4"=V-0' Left Elevation Unit 3 Firerock -Parcel B Fountain Hiils,Arizona Toll "Brothers America'sLuxuryHome Builder" Unit 3 Roof Plan Firerock -Parcel B Fountain Hills,Arizona 09.22.14 I f ' ''C C !:~:~^ I;; Ji V"I-''- ^/l "Brothers America's Luxury Home Builder Unit 2 Units . ' -=f ...:-.••....:. ^HKM h-:r C ;;•:f i Unit 2 & 3 Scale:lM"=1'-0" Front Elevation Rear Elevation . Unit3 Unit 2 Firerock -Parcel B Fountain Hills,Arizona .,-.Sa i/^z. Right Elevation Unit 3 ._L....... ,. 1 Let;; ] c --«! Left Elevation Unit 2 °?6I1 "Brothers America's i-uxuiyHome guilder* Unit 2 & 3 jrcel B jj Hills,Arizona ^^T- Firerock -Parcel Fountain KB Toll "Brothers America's Lvxuxy Home Builder" i_L_LJ LL_L 1J Unit 2 Unit 3 Roof Plan Firerock -Parcel B Fountain Hills,Arizona ' :BSE'.B :>.:•.. Toll"BrothersAmerica'sLuxuryHomeBuilder'Unit4Unit2&4Scale:1M*»1'-(rRearElevationUnit2Firerock-ParcelBFountainHills,ArizonaBSB %/!"Brothers America's Luxuiy Home Builder" Right Elevation Unit 4 JL_T_ :i Unit2&4 »•»-•<—-1 1 f -^-.y..,.,*—» "?" Firerock -Parcel B Fountain Hills,Arizona ——aaaiiiiiiiminmiiiiiiiim. 09.22.14 JSB Toll "Brothers America's LuxuryHome Builder" Unit 2 Roof Plan Unit 4 Firerock -Parcel B Fountain Hills,Arizona TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING &ZONING COMMISSION November 13,2014 Chairman Lloyd Pew opened the meeting at 6:30 p.m. ROLL CALL: The following Commissioners were present:Chairman Lloyd Pew,Vice-Chairman Michael Archambault.Commissioners:Jeremy Strohan,Stan Connick,and Howie Jones. Also in attendance were Robert Rodgers, Senior Planner and Zoning Administrator and Janice Baxter, Executive Assistant and Recorder of the minutes. Chairman Lloyd Pew requested participation in the Pledge of Allegiance and a moment of silent reflection. CALL TO THE PUBLIC No one wished to speak. AGENDA ITEM #1 -CONSIDERATION OF APPROVING THE MEETING MINUTES OF THE REGULAR MEETING OF THE PLANNING &ZONING COMMISSION DATED SEPTEMBER 25,2014, Commissioner Archambault MOVED to APPROVE the meeting minutes dated Thursday,September 25,2014,as written.Commissioner Connick SECONDED. Chairman Pew Aye Vice-Chairman Archambault Aye Commissioner Strohan Aye Commissioner Connick Aye Commissioner Jones Aye The MOTION CARRIED UNANIMOUSLY by those members present (5-0). Chairman Pew welcomed Jeremy Strohan whom the Town Council recently appointed to the Commission;CommissionerStrohanwas appointedto serve a two year tenn. Chairman Pew also pointed out that the Commission needed two additional members and asked the Commissioners'for their help recruiting qualified applicants. FOR A ONE-YEAR POSITION.APPOINTMENT OF A CHAIRMAN AND VICE-CHAIRMAN. Chairman asked Mr. Rodgers to open nominations for the Commission's chairman to serve a term beginningNovember 13, 2014 until November 12, 2015. Mr. Rodgers asked the Commissioners for nominations.Vice-Chairman Michael Archambault nominated Lloyd Pew and Commissioner Connick seconded. The Commissioners unanimously appointed Lloyd Pew as chairman of the Planning and Zoning Commission for a one-year term. Mr.Rodgers turned the meeting backto Chairman Pew.Chairman Pewaskedfor nominations forvice- chairman to serve the same term as the chairman.Chairman Pew nominated Michael Archambault to be Page 1 of7 re-appointed as vice-chairmanand CommissionerConnick seconded. The Commissioners unanimously appointedMichael Archambault as vice-chairman of the Planning and Zoning Commission. AGENDA ITEM #2 -PUBLIC HEARING REGARDING ORDINANCE 2014-07.A TEXT AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE,CHAPTER 6. SIGN REGULATIONS.SECTIONS 608.B.13 AND 6.08.B.13 AND 6.08.D.3.THE AMENDMENTS EXTEND TE EXPIRATION DATE TO DECEMBER 31.2015.FOR A-FRAME SIGNS AND BANNERS FOR SPECIAL SALES EVENTS.CASE NUMBER Z2014-05. Chairman Lloyd Pew opened the Public Hearing at 6:34 p.m. Senior Planner Robert Rodgers addressed the Commission and reviewed the information contained in the staff report involving agenda items 2 and 3, in one report. (See Exhibit "A") Mr. Rodgers stated that this item was a public hearing for consideration of Ordinance 2014-07, text amendments to the Zoning Ordinance that extends the expiration dates on commercial A-Frame Signs and Promotional Event Banners.Mr.Rodgers mentioned that Section 6.08.B.13 related to the use of A-Frame signs. And Section 6.08.D.3 related to the use of promotional banners. He added that since the current sign Ordinance was adopted in 2009, these two sign types were typically given annual expiration dates of December 31st.However in 2012,the Town Council agreed to a two-year extension. Mr. Rodgers noted that staff was directed by the previous Town Manager to be lenient regarding these signs during this last two years. He continued to say that this had resulted in continued very poor compliance regarding A-Frame signs. Mr. Rodgers pointed out that staff would be requesting a more proactive approach to be authorized in the future,if the sunset clause extensions continue to be granted. Mr. Rodgers concurred that there had been no appreciable difference in A-Frame sign compliance. In fact he said it has slowly been getting worse. Mr. Rodgers pointed out that currently only about 20%of signs were in compliance. Mr. Rodgers added that banner compliance however was gradually getting better and has become relatively manageable. He added that compliance was currently a little over 60%. In conclusion, Mr. Rodgers stated that staff felt that 5-years was enough time to assess the business community's ability to self-police and abide by the A-Frame Sign Ordinance provisions and it is apparent that they were unable to do so. That being said the business community had however begun to embrace the Banner Ordinance provisions and should be permitted to continue with their use. Staff recommended that the Planning and Zoning Commission forward a recommendation to the Town Council to approve both the expiration extensions for "one-year only"until December 31, 2015, subject to staff being re-authorized to enforce the A-Frame Sign Ordinance more strictly. Chairman Pew asked what kinds of violations were found. Mr.Rodgers answered that the violations were mostly A-Frame signs that were not permitted. Other violations were sign location on the sidewalk, signs located in the street and signs left out over night. Chairman Pew also asked what kinds of warnings were given to violators. Mr. Rodgers stated that the violation process had three parts that consisted of a verbal warning; written warning if verbal warning was not successful; and lastly a fine implemented of $25.00, plus court cost,if the violation continued. Mr. Rodgers pointed out that most violator's were past the third step but because of the leniency as instructed, staff has only been removing the A-Frame sign and placing it at the front door of the violator's business. Mr. Rodgers added that the Town had only issued two (2) citations total for A-Frame Sign violations. Page 2 of7 Vice-Chairman Archambault asked Mr. Rodgers if staff had spoken with the violators. Mr. Rodgers answered that Officer Jaffe had met with the businesses and explained the ordinance including the possibility of a fine for not adhering to the ordinance and he has also given them information on how to obtain a permit. There being no speakers, Chairman Lloyd Pew closed the public hearing at 6:42 p.m. AGENDA ITEM #3 -CONSIDERATION OF ORDINANCE 2014-07,A TEXT AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE.CHAPTER 6.SIGN REGULATIONS.SECTIONS 608.B.13 AND 6.08.B.13 AND 6.08.D.3.THE AMENDMENTS EXTEND TE EXPIRATION DATE TO DECEMBER 31.2015,FOR A-FRAME SIGNS AND BANNERS FOR SPECIAL SALES EVENTS.CASE NUMBER Z2014-05. Chairman Pew stated due to the poor economic climate he was inclined to extend the date one more year with more enforcement,citations and fines issued for non-compliance of the ordinance. Commissioner Jones stated he would like to see the ordinance extended but wished to add a stipulation that more business compliance was needed. Vice-Chairman Archambault stated he was sorry to hear of the lack of compliance and supported a stipulation giving staff the approval to enforce the ordinance. Vice-Chairman Archambault MOVED to recommend that the Town Council approve Ordinance number 2014-07, a text amendment to Sections 6.08.B.13 and 6.08.D.3,of the Fountain Hills Zoning Ordinance, extendingthe expirationdates for Bannersand A-Frame signs until December31, 2015, with the added stipulation that staff increase enforcement of the A-Frame Ordinance and the Commission would like to seethe compliancenumbersflippedfrom20% complianceto 80%compliancebyDecember31,2015. Commissioner Jones SECONDED and the MOTION CARRIED UNANIMOUSLY 5-0. AGENDA ITEM #4 -CONSIDERATION OF THE CONCEPT PLAN FOR "PARCEL B AT FIREROCK".A MULTI-FAMILY PROJECT LOCATED ON THE NORTHEAST SIDE OF FIREROCK COUNTRY CLUB DRIVE.CASE NUMBER CO2014-02. SeniorPlannerRobertRodgersaddressedthe Commissionand reviewedthe informationcontainedin the staff report. (Exhibit "B") Mr.Rodgers stated that this was for Concept approval of a 64-unit;multi-family condominium development on Parcel B in the Firerock Country Club.Mr.Rodgers also included a request for a favorable recommendation regardingsome cut and fill waiver requestsand addedthat ParcelB contained 14.63 acres. Mr.Rodgers mentioned that this property was located across Firerock Country Club Drive from the Firerock Clubhouse;directly south of the Villas at Firerock; located between the driving range and the 10th hole ofthegolf course and west ofthe Balera Condominium Development.The property is currently zoned M-1 PUD and this zoning designation allowed for up to 50% lot coverage with some modified setback requirements,and a maximum dwelling unit density of 88 units.Mr.Rodgers pointed out the property is currently vacantwithitsonly access off Firerock Country Club Drive. Page 3 of7 PROPOSED CONCEPT PLAN Mr. Rodgers remarked that the topography was dictating much of the roadway location with the loop road wrapping around the crest of the ridge and added the following description of the project: (See Exhibit C) • 64 Condominium units in 32 two-unit buildings are proposed on the 14.63 acres. •Primary vehicular access would be off Firerock Country Club Drive. o Turning up between the two high points. o The road ends in a cul-de-sac and there would be a looped road as well. •Emergency and utility access is provided along the south side of the property and will connect to the cul-de-sac. • There will be four (4) basic unit floor plans; each would be semi-customizable with various design features such as front/side entry garages and walk-out basements (many of these features would be based on topography). • All units would have two-car garages. • An additional 16 guest parking spaces would be provided at various pull-out points along the roadway that would provide a total of 144 parking spaces. Mr. Rodgers explained that the project was being designed to fit well into the hillside and would use colors that blended with the natural environment. CUT AND FILL WAIVERS Mr. Rodgers acknowledged that the applicants were also asking for some waivers: FILLS: There was one area with fill greater than 10' near the site entrance. Maximum depth of visible fill was anticipated at 10.51'. The total area of fill above 10' in depth is calculated at 55 square feet. Mr. Rodgerssupportedthis waiver and stated that dueto the predeterminatedlocationof the site entrance, it was staffs opinion that this fill was necessary and reasonable for a safe access. CUTS: • There are four levels of cut areas greater than 10' with the maximum depth of visible cut and the deepest at 26.9'. • Combined, the area of the cut waivers represents 98,578 square feet or 15.5%of the total site. • Most cuts are necessitated by the roadway construction, location, and the need to connect smoothly and safely to the driveways. Mr.Rodgers expressed that staff recommended approval of the ConceptPlan for Parcel B at Firerock, Case number CP2014-02, subject to the following stipulations: Page 4 of7 1. The applicant shallproveda landscaping and lighting plan priorto the issuance of any building permitand no occupancypermitshall be issued priorto the completionof all site improvements as depicted and approved. Landscaping plans shall include irrigation details. 2. The applicant shall submit Site Improvement Plans. All utilities and drainage features must be installedand functionalas shownon the improvementplans and approvedby the Town Engineer prior to the issuance of any building permit. 3.No occupancy permit shall be issued prior to the completion of all site improvementsas depicted and approved. 4. The applicant shall ensure that the Emergency Vehicular Access Roadway is installed, fully functional, and approved by the Fountain Hills Fire Department prior to the issuance of any building permit. 5. All off-site drainage or other utility improvements required as conditions of this approval shall return any off-site disturbed areas to a condition similar to or better than their pre-existing state prior to the issuance of an occupancy permit. This shall include, but is not limed to re-grading, revegetating, and re-constructing moved or damaged structures or similar improvements. 6. All off-site improvements required as conditions of any approval regarding this project shall be either constructed,or fully bonded with a performance guarantee in a form and amount satisfactory to the Town Engineer prior to the issuance of an occupancy permit. 7. The applicants shall provide a Hillside Protection Easement for appropriate areas as outlined on the approved plans prior to placing any disturbance fencing or the commencement of any construction activities. 8.Compliance with items 1 and 2 of the October 13, 2014,memorandum from the Fountain Hills Sanitary District. 9. Compliance with items 1-9 of the November 5, 2014, memorandum from the Fountain Hills Town Engineer. 10. The applicant shall apply to the Fountain Hills Town Council for, and be granted, cut waivers as needed to substantially comply with the development plans outlined in this Concept Plan. 11. Subject to the applicants fulfilling the Public Art requirement pursuant to Section 19.05.1 of the Fountain Hills Zoning Ordinance prior to the issuance of the first Certificate of Occupancy. Wendy R. Riddell, Berry Riddell and Rosensteel, LLC, legal counsel for Toll Brother's Homes presented additional information on the project and included a PowerPoint presentation.(See Exhibit "C") Commissioner Jones inquired on the start and completion dates projected for the project. Ms. Riddell answered that plans were to commence in June 2015.Jeff Nielsen, representing Toll Brothers AZ Construction Company added that it would take approximately (1)one-year for site improvements and another 3 to 4 years to completion. Vice-Chairman Archambault stated he was impressed with the project because it was less density, reduced the vertical mass, and the cuts requested would be hard to see. He was in favor of the project. Page 5 of7 Chairman Pew agreed with Vice-Chairman Archambault and added thatthe cuts were acceptable and moredesirablethanthe previouslyapprovedsite plan. Commissioner Strohan inquired onthe height ofthe retaining wall located onthe north side ofthe project. Matthew Olsen,Principal for JMI & Associates Consulting Civil Engineer,located at 8590 E. Shea Boulevard,Suite 110,Scottsdale,Arizona explained thatthat particular retaining wallisto accommodate the Fountain Hills Sanitary sewerlinefor maintenance and would beno higher than(6)six feet. No further comments were received from the Commission. Vice-Chainnan Archambault MOVED to approvethe CONCEPT PLAN for "Parcel B at Firerock",a multi-family project located on the northeast side of Firerock Country Club Drive as presented and subject to the stipulations outlined in the staff report. Commissioner Jones SECONDED and the MOTION CARRIED UNANIMOUSLY 5-0. AGENDA ITEM #5 -CONSIDERATION OF CUT AND FILL WAIVERS FOR "PARCEL B AT FIREROCK".A MULTI-FAMILY PROJECT LOCATED ON THE NORTHEAST SIDE OF FIREROCK COUNTRY CLUB DRIVE.CASE NUMBER CFW2014-01. Mr.Rodgers expressed that staff recommended that a favorable recommendation for approval of the Cut andFill waivers be forwarded totheTownCouncil, subjecttothe stipulations outlined inthestaff report. Vice-Chairman Archambault MOVED to forward a recommendation to theTown Council to approve the CUT & FILL WAIVERSFOR "Parcel B at Firerock", a multi-family project located on the northeast side of Firerock Country Club Drive, as presented. Commissioner Jones SECONDED and the MOTION CARRIED UNANIMOUSLY 5-0. AGENDA ITEM #6-COMMISSION DISCUSSION/REQUEST FOR RESEARCH TO STAFF. Items listed below are related only to the propriety of(i)placing items on a future agenda for action or (ii) directing staffto conduct further research and report back to the Commission. None AGENDA ITEM #7-SUMMARY OF COMMISSION REQUESTS FROM SENIOR PLANNER. None AGENDA ITEM #8 -REPORT FROM SENIOR PLANNER AND ZONING ADMINISTRATOR. PLANNING AND ZONING DIVISION OF DEVELOPMENT SERVICES. Mr. Rodgers reiterated the statement made by Chairman Pew in regards to needing help finding qualified applicants to fill two open seats on the Commission.Mr.Rodgers also pointed out that applications for the Board of Adjustment where also being accepted. Mr. Rodgers mentioned that staff was cancelling two upcoming meetings dated Thursday,November 27, 2014, and Thursday,December 25, 2014, due to the holidays. Mr. Rodgers did inform the Commissioners that staff had scheduled a meeting on Thursday,December 11, 2014. Page 6 of7 AGENDA ITEM #9 -ADJOURNMENT. Vice-Chairman Archambault MOVED to adjourn the meeting at 7:10 p.m. and Commissioner Jones SECONDED and the MOTION CARRIED UNANIMOUSLY by those members present 5-0. FOUNTAIN HILLS PLANNING &ZONING COMMISSION BY: Chairman Lloyd Pew ATTEST: Janice E.Baxter,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 13th day of November 2014, in the Town Council Chambers, 16705 E. Avenue of the Fountains,Fountain Hills, AZ 85268. I further certify that the meeting was duly called and that a quorum was present. Dated this 13~day of November,2014. Janice E.Baxter,Executive Assistant Page 7 of7 Meeting Date:12/4/2014 Agenda Type:Regular Staff Contact Information:Grady Miller, 480-816-5125,gmiller@fh.az.gov Strategic Planning Goal:Not Applicable (NA) TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type:Regular Session Submitting Department:Administration Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of Resolution 2014-50 that authorizes the conversion of the part-time Economic Development Specialist and Tourism Assistant positions to full-time positions, effective January 1, 2015;approves reclassifying a Park Attendant to a Lead Park Attendant,effective,January 1, 2015; approves updated job descriptions and organization charts based on these proposed changes,including retitling the Tourism Assistant position to Tourism Coordinator;approves the revised 2014-15 Fountain Hills Salary Pay Plan reflecting these proposed changes;approves the revised 2014-15 Schedule of Authorized Positions;authorizes a transfer of $16,100 from the Economic Development Fund to the Tourism Fund to provide the necessary funding for the Tourism Coordinator position;and changes the allocation of excise tax from 40%Downtown Strategy and 60%Economic Development to 80% Economic Development and 20%Downtown Strategy. Applicant:N/A Applicant Contact Information:N/A Property Location:N/A Related Ordinance,Policy or Guiding Principle:FY 2014-15 Budget Implementation Policy Staff Summary (background): Conversion of Part-Time Positions to Full-Time It has been approximately one year since the Town of Fountain Hills took over the Tourism Initiative and when the Council approved an Economic Development Plan.Since that time the Town has hired a part-time Economic Development Specialist and a part-time Tourism Assistant to jumpstart these important organizational priorities.Based on the organization's needs to implement the Economic Development Plan and to market and grow tourism in Fountain Hills, it is recommended to convert both part-time positions to full- time positions effective January 1,2015. The only other change to the Economic Development Specialist position,besides going from twenty-five (25) hours per week to full-time with benefits,is to classify it as an exempt position ineligible for overtime compensation.The attached job description and updated salary plan reflect this recommended change.The salary range for this position is $58,864 to $83,711 which is based on the previous hourly rate of $28.30 to $40.25. Page 1 of 3 The part-time Tourism Assistant currently worksan average of30 hours a week. Based on a review ofthe essential duties and job requirements ofthe part-timeTourismAssistant position,Administrative Services Director Grady Miller recommended retitling and re-ranging the TourismAssistant to a TourismCoordinator position.The proposed changes to the job title,job description,and salary range are in line with the Town's tourism and marketing needs,internal equity,and labor marketforthis position.Based on the essential duties, this positionwouldalso be exempt. Attached is an updated job description and updated 2014-15 Townof Fountain Hills Salary Plan that reflects the newjob duties and assigned salary range of$40,111 to $57,042. As part ofthe budget process for FY2014-15, the Council approved a policyon the allocation ofthe Excise Taxto fundthe Downtown Strategy Fund, the Tourism Fund and the EconomicDevelopmentFund.Currently, the Town Council approved 2014/15 Annual Budget requires a 60%/40% splitofthe 0.1% excise tax funding coupled withthe tourism funds and the general fund transfer with the following figures: 40%Downtown Strategy/Initiative $117,540 60%Economic Development/Attraction $175,400 Total $293,940 A recommended 80%/20%split will assist with adequately funding the two full time positions as well as have funding added annually to the Downtown Strategy which has an estimated balance of approximately $1,000,000. 80%Economic Development/Business ^ ;; Attraction Strategy $235,152 20%Downtown Strategy $58,788 Total $293,940 Converting the Tourism Assistant (Coordinator)to a full time employee working 40 hours per week will cost an additional $16,100 in salary and benefits.Converting the Economic Development Specialist to a full time status of 40 hours per week will cost an additional an $52,000 in salary and benefits.Both positions combined will require a total of $68,100 which can be accomplished by redirecting the current Excise Tax allocation of 60%/40%to 80%Economic Development/Business Attraction Strategy,and 20%Downtown Strategy funding. This reallocation of the excise tax will provide the necessary funding to bring both positions to full time status. Since there will be an interfund transfer involved with this effort,the Town's Fiscal Policy requires approval by the Mayor and Town Council to enact the staff recommendations.The attached memo contains additional information regarding the available funding for this request. Re-Classification of Park Attendant to Lead Park Attendant In September Community Services Director Mark Mayer requested an evaluation of a part-time Park Attendant's duties and assignments to ensure that the employee was properly classified.After meeting with Recreation Supervisor Rachael Goodwin and Community Services Director Mark Mayer to review the employee's essential duties,it became apparent that the duties performed by the individual were outside the scope of a Park Attendant.In addition to performing the essential functions of a Park Attendant,the individual trains new employees,provides direction and assignments to other employees,communicates policies to employees,and reports back operational issues on behalf ofthe Park Attendants to his supervisors inthe Community Services Department.While these functions are supervisory related, he does not perform the full scope of supervision such as planning, organizing,scheduling,evaluating,budget preparation,and other key supervisory duties. Based on an evaluation of the Park Attendant's job duties,it is recommended that his position be reclassified from a part-time Park Attendant to a part-time Lead Park Attendant. As the senior employee withover eight years of experience as a Park Attendant, the employee is functioning ina lead capacity to the other four (4) Park Attendants.The Town has initiated multiple recruitments in 2014 for filling vacant Park Attendant positions. As a senior level Park Attendant, the individual provides stabilityand continuityforthe department by properly training new employees to ensure our customer needs are met and parks are intopnotch condition. Page 2 of3 Attached isa job description for the newly created Lead Park Attendant position.The hourly range for a Park Attendant is $11.69 toa maximum of $16.62 an hour at Step 9 in the salary plan.Basedonthe additional job duties,it is recommended that the Lead Park Attendant be assigned an hourly rate of$14.20 to $20.19 in the Town of Fountain Hills 2014-15 Salary Plan. Reclassifying the Park Attendant to a Lead Park Attendant will result ina net increase ofapproximately$2,650 annually in part-time wages and Social Security/Medicare payroll taxes to the Community Services Department budget. Community Services Director Mark Mayer has indicated that the Community Services Department budget will be able to absorb the increased costs due to the reclassification without any adverse impact. Risk Analysis (options or alternatives with implications):Maintaining the status quo for the Economic Development Specialist and Tourism Assistant is an option;however,the limited hours of both part-time employees will not allow the town to ramp up its efforts with the town's strategic priorities of economic development and tourism.For the Park Attendant,an alternative would be to have the employee discontinuing lead duties.However,the lead duties and activities are important to maintaining a high level of service delivery for customers,properly training new employees,and communications with other Park Attendants and department staff. Fiscal Impact (initial and ongoing costs;budget status):$68,100 in salary/benefits for the Economic Development Specialist and Tourism Coordinator;a net increase of $2,650 annually in pay and Social Security/Medicare expenditures for the Lead Park Attendant. Budget Reference (page number):Resolution 2014-21 (FY 2014-15 Budget Implementation Policy) Funding Source:Multiple Funds if Multiple Funds utilized,list here:Economic Development Fund,Tourism Fund,and General Fund Budgeted;if No,attach Budget Adjustment Form:Yes Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Staff recommends approval of the actions identified in this staff report. List Attachment(s):Resolution No.2014-50 Memo from Town Manager Ken Buchanan Economic Development Specialist Job Description Tourism Coordinator Job Description Lead Park Attendant Job Description Revised FY 2014-15 Town of Fountain Hills Salary Plan Revised Schedule of Authorized Positions for FY 2014-15 Revised Organization Charts Budget Transfer Request Form SUGGESTED MOTION (for Council use): Council actions. MOTION to adopt Resolution 2014-50 to implement the recommended Prepared by: sWjXCv Grady Miller,AdpninisVative Services Director 11/24/2014 Director's Apprbv NA 11/24/2014 Approvedipproved:—^ Ken Buchanan,Town Manager g*>43b^/~-» 11/24/2014 Paae 3 of 3 Resolution No. 2014-50 Town Council approved Fountain Hills Economic Development Plan in March 2013 The ED Plan includes Tourism as a key targeted industry sector Last January a part-time ED Specialist was hired to carry out Economic Development functions and implement the Economic Development Plan The Town took over tourism function in January from the Chamber of Commerce and a part- time Tourism Assistant position was created Converting part-time ED Specialist to full-time Converting part-time Tourism Assistant to full-time and retitling to Tourism Coord. with a new salary range Reclassifying Part-time Park Attendant to part-time Lead Park Attendant (no benefits) Approval of revised job descriptions and org. charts Approval of revised Fountain Hills FY 2014-15 Pay Plan Approval of FY 2014-15 Schedule of Authorized Positions Approval of changing the allocation of excise tax from 40% Downtown Strategy and 60% Economic Development to 80% Economic Development and 20% Downtown Strategy ED Specialist is budgeted at .63 FTE Convert to full-time status with benefits A full-time ED Specialist will have 15 additional hours a week for business attraction and retention efforts and implementing Town’s Economic Development Plan No other requested changes to ED Specialist job description or pay rate Salary Range: $58,864 to $83,711 (same rate) Total Cost: $52,000 in salary and benefits Tourism Assistant is budgeted at .50 FTE Convert to full-time status with benefits Since taking over the tourism function from the Chamber last January, the town has invested considerable resources in marketing and promoting special events and tourism Promoting tourism and increasing economic activity is a key priority for the Town Request to re-title to Tourism Coordinator and approve new salary range Recommended salary range is $40,111 to $57,042 (current rate is $11.69 an hour) Total Cost: $16,100 in salary and benefits Park Attendant position was evaluated in Sept. Employee performs regular duties of Park Attendant, plus: ◦Trains other employees ◦Provides direction/assignments to other employees ◦Communicates policies to employees, and ◦Reports back operational issues on behalf of the Park Attendants to his supervisors Park Attendant is a senior employee performing in a lead capacity to others Based on a review of job functions and essential duties, staff recommends reclassifying to a Lead Park Attendant Recommended hourly range is $14.20 to $20.19 Total Cost: $2,650 (to be absorbed by Dept.) Town Manager Executive Assistant Volunteer Coordinator Administration Department IT Administrator Financial Services Tech Accountant *Accounting Clerk (.63) *Customer Service Rep II (1) Finance Director Town Clerk Administrative Services Director ED Specialist (Proposed 1.0 FTE) Part time FullTime Convert .63 FTE to 1.0 FTE Director Executive Assistant Parks Supervisor Recreation Supervisor Community Services Department Groundskeeper Groundskeeper *Customer Service Rep I (.53) *Customer Service Rep I (.35) ) Groundskeeper Community Center Operations Coordinator Events and Operations Supervisor Senior Services Supervisor *Senior Services Assistant (.45) *Home Delivered Meals Coord (.75) *Activities Coordinat or (.58) Parks Lead *Operations Support Worker (.83) *Operations Support Worker (.82) * Part time Full Time Recreation Coordinator Recreation Coordinator *Lead Park Attendant. (.49) *Park Attendant (.49) *Park Attendant (.49) *Park Attendant (.49) *Park Attendant (.49) Tourism Coordinator (Proposed 1.0 FTE) Convert .50 FTE to 1.0 FTE Proposed Reclass of Park Attendant to Lead Park Attendant Authorizes the conversion of the part-time Economic Development Specialist and Tourism Assistant positions to full-time positions, effective January 1, 2015 Approves updated job descriptions and organization charts based on these proposed changes, including retitling the Tourism Assistant position to Tourism Coordinator, effective January 1, 2015 Approves reclassifying a Park Attendant to a Lead Park Attendant, effective January 1, 2015 Approves the revised 2014-15 Fountain Hills Salary Pay Plan with these proposed changes Approves the revised 2014-15 Schedule of Authorized Positions Authorizes $16,100 transfer from Economic Dev. Fund to Tourism Fund to provide funding for Tourism Coordinator position Changes the allocation of excise tax from 40% Downtown Strategy and 60% Economic Development to 80% Economic Development and 20% Downtown Strategy MEMORANDUM DATE: FROM: TO: SUBJECT: December 3,2014 . Ken Buchanan,Town Manager-^Q Mayor &Town Council Part-Time to Full-Time Status Request for Two Positions Ithas been approximatelyone year sincetaking over the TourismInitiative,as well as, approval of the Economic Development Plan and the hiring of the Tourism Assistant and the Economic Development Specialist. Both are part-time positions.It is a Town Manager recommendation to bring both positions to full time status effective January 1,2015. The excise tax funds are comprised of the Downtown Strategy Fund, the Tourism Fund and the Economic Development Fund totaling $486,940. Tourism Fund $103,000 Economic Development Fund/Business Attraction Strategy $90,000 Downtown Strategy Fund $293,940 Total $486,940 The Town Council approved 2014/15 Annual Budget required a 60%/40%split of the 0.1% excise tax funding coupled with the tourism funds and the general fund transfer with the following figures: 40%Downtown Strategy/Initiative $117,540 60%.Economic Development/Attraction $175,400 Total $293,940 A recommended 80%/20%split will assist with adequately funding the two full time positions as well as have funding added annually to the Downtown Strategy which has an estimated balance of approximately $1,000,000. 80%Economic Development/Business Attraction Strategy 20%Downtown Strategy Total Page 1 of2 $235,152 $58,788 $293,940 Additional fixed expenses budgeted from the above fund accounts are as follows: Christmas Decorations $30,350 Fountain Hills Community Theater $35,120 JumpStartBiz $4,500 Event Marketing $9,895 GPEC $11,211 Total $91,076 The current part time Tourism Coordinator works 30 hours per week.Going to a full time status to 40 hours per week will be an additional $16,100.The current Economic Development Specialist works 25 hours per week.Going to a full time status to 40 hours per week will be an additional $52,000.Both positions combined require $68,100 to be transferred by redirecting the current 60%/40%split to an 80%Business Attraction Strategy,20%Downtown Strategy funding policy.This will provide the necessary funding to add both positions to full time status. Because there were interfund transfers involved with this effort,the Fiscal Policy requires a resolution adopted by the Mayor &Town Council to enact the staff recommendation. Page 2 of2 FOUNTAIN HILLS,ARIZONA Job Description Job Title:Economic Development Specialist Department:Administration Immediate Supervisor:Town Manager FLSA Status:Exempt BRIEF DESCRIPTION OF THE JOB: Plans,organizes and implements the activities of an economic development program to promote the growth and development of the Town's economic base.Assists in business recruitment,retention and expansion for both existing and new businesses for the Town. ESSENTIAL FUNCTIONS: Thisinformation is intendedto be descriptive ofthe key responsibilities oftheposition. Thefollowing examples do not identify all duties performed byany single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code l S Plans and organizes economic development programs related to generating business and development opportunities,including successfully managing projects from inception to completion.Plans,develops and implements informational strategies to attract growth industries and companies.Researches,prepares and communicates information to attract new business clients projecting an effective communication and project management environment. 2 S Directs Town response to requests for information from potential businesses, developers and consultant groups. "3 J S Develops and maintains various project management databases.Generates statistical reports,information and plans in connection with economic development projects. 4 s Researches and assists in development of alternative economic development policies, strategies and implementation techniques. 5 L Makes verbal and written presentations to the Town Council,boards,commissions and other citizen groups in a professional and effective manner. 6 L Acts as a liaison between the Town,local and regional Chambers of Commerce, Economic Development Councils and various federal,state and local government agencies. ; See page 3- Overall Physical Strength Demands Revised 11/06/2014 FOUNTAIN HILLS,ARIZONA Job Description JOB REQUIREMENTS: JOB REQUIREMENTS Formal Education / Knowledge Bachelor's degree in Economic Development, marketing, planning, urban geography or a related field.Completion of a Master's Degree preferred.** Experience A minimum of four years of management support experience, with three of those years in business development and related economic development activities. Experience in both the public and private sectors preferred. Certifications and Other Requirements IEDC Certified Economic Developer status preferred.Valid drivers license for a minimum of two years with a good driving record,required. **Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read complex legal documents,development agreements and contracts,executive business letters and communications,development-related documents,master plans,design guidelines,construction site plans,budget documents, business magazine,journals,newspapers and technical reports,strategic or operational plans. Math Work requires the ability to perform general math calculations such as addition, subtraction,multiplication,division,college algebra,and statistics. Writing Work requires the ability to write communication with executive management,Town Council,and business executives,preparing marketing documents,assisting with development agreements,concise and professional letters all at a college level. Managerial Managerial responsibilities include participation and management of Town teams with crucial issues including strategic planning and fiscal management,infrastructure planning and development,Town building projects,and management of the Economic Development division. Budget Responsibility Assists in preparing and monitoring the Economic Development budget. Supervisory / Organizational Control None Complexity Work is widely varied,involving analyzing and evaluating many complex and significant variables.Organization-wide policies,procedures,or precedents are developed and/or recommended. Interpersonal /Human Relations Skills The incumbents in this position contact others within the organization.These contacts may involve similar work units or departments within the Town which may be involved in decision making or providing approval or decision making authority for purchases or projects.In addition,these incumbents work with individuals outside the Town who may belong to professional or peer organizations.Working with various state and federal agencies may also be required of the employee.Communicates extensively with the Town Manager,Town Council,developers / real estate,external clients,customers, allies,business professionals,government officials,and regional,state, and national personnel.Employee must maintain regular attendance. Revised 11/06/2014 FOUNTAIN HILLS,ARIZONA Job Description OVERALL PHYSICAL STRENGTH DEMANDS: I I Sedentary M Light • Medium I |Heavy I |Very Heavy S=sedentary Exerting up to 10 lbs. occasionally or negligible weights frequently; sitting most of the time L=Light Exerting up to 20 lbs. occasionally,lOIbs. frequently,or negligible amounts constantly OR requires walking or standing to a significant degree. M=Medium Exerting 20-50 lbs. occasionally,10-25 lbs. frequently, or up to 10-20 lbs.constantly. H=Heavy Exerting 50-100 lbs. occasionally,25-50 lbs. frequently, or up to 10-20 lbs.constantly. VH=Very Heavy Exerting over 100 lbs. occasionally,50-100 lbs. frequently,or up to 20-50 lbs. constantly. PHYSICAL DEMANDS: C =Continuously 2/3 or more of the time F =Frequently From 1/3 to 2/3 of the time 0 =Occasionally Up to 1/3 of the time R =Rarely Less than 1 hour per week N =Never Never occurs This is a description ofthe way this job is currentlyperformed; it does not address the potentialfor accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O Presentations,copier,fax machine,filing Sitting c Computer,desk work,paperwork,answering telephone,meetings, driving Walking o Inter-office,to/from meetings,field work,tradeshows Lifting o Contracts,reports,plans,displays Carrying o Contracts,reports,plans,displays,boxes Pushing/Pulling R Doors,chairs,filing cabinet drawers Reaching O Supplies,files,boxes Handling F Contracts,reports,plans Fine Dexterity c Computer keyboard,writing,telephone keypad Kneeling R Filing,retrieving dropped items Crouching R Filing,retrieving dropped items Crawling R Retrieving dropped items Bending R Filing,retrieving dropped items Twisting R Filing,retrieving dropped items Climbing R Stairs Balancing R Stairs Vision C Computer,desk work,writing,reading,use of office equipment,field work,driving Hearing C Telephone,staff,co-workers,supervisor,Town Manager,Town Council, analysts,directors,planners,engineers,local businesses,reporters,meetings, presentations,training classes Talking C Telephone,staff,co-workers,supervisor,Town Manager,Town Council, analysts,directors,planners,engineers,local businesses,reporters,meetings, presentations,training classes Foot Controls O Driving Revised 11/06/2014 FOUNTAIN HILLS,ARIZONA Job Description MACHINES.TOOLS.EQUIPMENT.AND WORK AIDS: Standard office equiptment such as a telephone and computer; use of a vehicle. ENVIRONMENTAL FACTORS: D = Daily W =Several Times Per Week M =Several Times Per Month S =Seasonally N =Never HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Hazards N Extreme Temperatures S Chemical Hazards N Noise and Vibration N Electrical Hazards N Wetness/Humidity N Fire Hazards N Respiratory Hazards N Explosives N Physical 1 Lizards N Communicable Diseases N Physical Danger or Abuse N Other (see 1 Below)N (1) (2) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Shop Vehicle Outdoors Recreation Center Other(see 2 Below) C =Continuously 2/3 or more ofthe time F =Frequently From 1/3 to 2/3 of the time 0 =Occasionally Up to 1/3 of the time R = Rarely Less than I hour per week N =Never Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime 0 Performing Multiple Tasks Simultaneously 0 Working Closely with Others as Part of a Team c Tedious or Exacting Work 0 Noisy/Distracting Environment R Other (see 3 below)N (3) Revised 11/06/2014 FOUNTAIN HILLS,ARIZONA Job Description Job Title:Tourism Coordinator Department:Community Services Immediate Supervisor:Recreation Supervisor FLSA Status:Exempt BRIEF DESCRIPTION OF THE JOB: Responsible for coordinating the Town's annual and ongoing tourism efforts. Updates and keeps current the Town's Tourismwebsiteand special eventscalendar. Reportsto and workswith the Recreation Supervisoron variousspecialevents related to the Town's ongoing Tourism efforts. ESSENTIAL FUNCTIONS: This information is intended tobe descriptive ofthekey responsibilities oftheposition.The following examples donot identify all duties performedbyany single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code l S Plan,organize,implement and evaluate tourism programs;maintain and regularly update the Town's Tourism website and social media; create and regularly update the Town's special event calendar 2 S Coordinate programs and events and design fliers,brochures,and other publications to market and promote special events and tourism for the town 3 s Establish,monitor, and evaluate the Town's tourism efforts by using various analytical methods 4 M Work on various special events over the year as directed by the Recreation Supervisor 5 S Work and collaborate with local businesses,the Chamber of Commerce,Fort McDowell,and regional/state agencies to promote and support the local economy 6 S Seek and apply for grant opportunities from various local, state, and regional entities for offsetting the cost of marketing and promoting tourism and special events * See page 3 —Overall Physical Strength Demands Revised 11/6/2014 FOUNTAIN HILLS,ARIZONA Job Description JOB REQUIREMENTS: JOB REQUIREMENTS Formal Education / Knowledge Work requires broad knowledge in a general professional or technical field. Knowledge is normally acquired through four years of college resulting in a Bachelor's Degree or equivalent in Tourism or a closely related field Experience Minimum two years experience in programming and coordinating tourism or special events activities is required.Must have the ability to work a flexible schedule to include occasional evenings,weekends and holidays. Certifications and Other Requirements Possess a valid Arizona Driver's License with a minimum of two years driving experience with a good driving record. •':-#Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read and interpret manuals, rules,contracts,purchase orders, and professional publications. Math Work requires the ability to to perform general math calculations such as addition, subtraction,multiplication,division,fractions and percentages. Writing Work requires the ability to write forms,letters,sponsorships,grant applications,fliers, receipts,purchase requisitions and reports. Managerial None Budget Responsibility Assist with the preparation of the annual budget for tourism efforts. Supervisory / Organizational Control None Complexity Work involves decision making within established standard practices and procedures. Professional judgment and analytical skills required to determine appropriate course of action.Strong computer skills are necessary for creating publications and creating presentations. Interpersonal /Human Relations Skills The incumbent in this position may contact others within the organization.These contacts may involve similar work units or departments within the Town.In addition, the incumbent may work with individuals outside the Town who may belong to professional or peer organizations.Working with various state and regional agencies may also be required of the employee.Meetings and discussions may be conducted with department heads,business owners,Chamber of Commerce,civic leaders,and regional and state agency staff. Revised 11/6/2014 FOUNTAIN HILLS,ARIZONA Job Description OVERALL PHYSICAL STRENGTH DEMANDS: 1 1Sedentary M Light O Medium 1 1Heavy 1 1Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs.Exerting up to 20 lbs.Exerting 20-50 lbs.Exerting 50-100 lbs.Exerting over 100 lbs. occasionally or negligible occasionally,lOlbs.occasionally,10-25 lbs.occasionally,25-50 lbs.occasionally,50-100 lbs. weights frequently;sitting frequently,or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR requires walking or standing to a significant degree. lbs.constantly.lbs.constantly.lbs.constantly. PHYSICAL DEMANDS: C =Continuously 2/3 or more of the time F =Frequently From 1/3 to 2/3 of the time O =Occasionally Up to 1/3 of the time R = Rarely N = Never Less than 1 hour perweek |Never occurs Thisis a description ofthe way this job is currently peiformed;it does not address the potentialfor accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O At special events and programs Sitting C Deskwork Walking 0 Around offices and during special events Lifting R Supplies and equipment Carrying R Supplies and equipment Pushing/Pulling R Supplies and equipment Reaching R For supplies and equipment Handling O Supplies and equipment Fine Dexterity R Supplies and equipment Kneeling R Retreiving items from the ground Crouching R Retreiving items from the ground Crawling R Retreiving items from the ground Bending R Retreiving items from the ground Twisting R Retreiving items from the ground or from shelving Climbing R Ladder Balancing R Ladder Vision F Reading,driving,observing work activities Hearing F Communicating with personnel and general public on telephone Talking F Communicating with personnel and general public on telephone Foot Controls O Driving Revised 11/6/2014 FOUNTAIN HILLS,ARIZONA Job Description MACHINES.TOOLS.EQUIPMENT.AND WORK AIDS: Scoreboards,toolboxes,computerandrelated software,generaloffice machines suchas copier,fax. ENVIRONMENTAL FACTORS: D = Daily W =Several Times Per Week M =Several Times Per Month S =Seasonally N =Never HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Hazards N Extreme Temperatures S Chemical Hazards N Noise and Vibration N Electrical Hazards N Wetness/Humidity S Fire Hazards N Respiratory Hazards N Explosives N Physical Hazards N Communicable Diseases N Physical Danger or Abuse N Other (see 1 Below)N (i) (2) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Shop Vehicle Outdoors Recreation Center Other(see 2 Below) C =Continuously 2/3 or more of the time F =Frequently From 1/3 to 2/3 of the time 0 =Occasionally Up to 1/3 of the time R =Rarely Less than I hour per week N =Never Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations 0 Frequent Change of Tasks F Irregular Work Schedule/Overtime F Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment F Other (see 3 below) (3) Revised 11/6/2014 FOUNTAIN HILLS,ARIZONA Job Title:Lead Park Attendant Department:Community Services Supervisor:Recreation Program Coordinator or Recreation Supervisor FLSA Status:Non-Exempt BRIEF DESCRIPTION OF THE JOB: Job Description In addition to performing simple manual and clerical duties with little or no supervision in park maintenance or recreation, this position functions in a lead capacityto other Park Attendants. The distinguishing characteristic between this position and a Park Attendant is that the Lead Park Attendant is assigned to perform additional duties. The additional duties may involve training, providing functional direction to other Park Attendants, interpreting and communicating policies, and reporting operating issues to the Recreation Program Coordinator or Recreation Supervisor. ESSENTIAL FUNCTIONS: This information is intendedto be descriptive ofthe keyresponsibilities oftheposition. Thefollowing examples do not identifyall duties performed byany single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Acts in a lead capacity which involves training employees,providing direction to other employees,interpreting and communicating policies and assignments to employees, and reporting operating issues to the supervisor 2 M Participates in delivery of recreation programs;including interaction with participants M Polices sites,picking up paper and trash.Provides general cleaning of buildings and restrooms 4 S Performs routine clerical functions such as delivering flyers and answering phones or general office work 5 L Sets up apparatus and other equipment and issues supplies;lines athletic fields and ball diamonds 6 S Demonstrates continuous effort to improve operations,decrease turnaround times, streamline work processes,and work cooperatively and jointly to provide quality seamless customer service * See page 3 - Overall Physical Strength Demands Revised 10/29/14 FOUNTAIN HILLS,ARIZONA Job Description JOB REQUIREMENTS: JOB REQUIREMENTS Formal Education / Knowledge Workrequires knowledge necessaryto understand basic operational, technical,or office processes.Levelof knowledgeequivelentto four yearsof highschoolor equivalency. Experience Twelve (12) months experience as a Park Attendant or inrelated programs areas preferred. Certifications and Other Requirements Possessionof a valid driver's license for a minimum of two years with a good driving record, Basic First Aid and CPR/AED Certification required. * *Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read reports. Some Recreation Assistants may interpret manuals, rules,contracts,purchase orders, and professional publications. Math Work requires the ability to perform general math calculations such as addition, subtraction,multiplication and division. Writing Work requires the ability to write reports and fill out forms. Some Recreation Assistants must possess the ability to write letters,sponsorship requests, flyers, receipts, and equipment bids. Managerial None Budget Responsibility None Supervisory / Organizational Control While no direct supervision is exercised,work requires training of other employees, providing direction and clarification ofjob assignments of other employees,interpreting and communicating policies and procedures to other employees,and reporting operating issues to supervisory staff. Complexity Work is governed by broad instructions,objectives and policies.Work requires the exercise of initiative and independent analytical and evaluative judgement. Interpersonal /Human Relations Skills Establish and maintain effective working relationships with employees and the public. Revised 10/29/14 FOUNTAIN HILLS,ARIZONA Job Description OVERALL PHYSICAL STRENGTH DEMANDS: 1 I Sedentary •Light X Medium 1 1Heavy 1 1Very Heavy S=scdentary Exerting up to 10 lbs. occasionally or negligible weights frequently; sitting most of the time L=Light Exerting up to 20 lbs. occasionally,lOlbs. frequently,or negligible amounts constantly OR requires walking or standing to a significant degree. M=Medium Exerting 20-50 lbs. occasionally,10-25 lbs. frequently,or up to 10-20 lbs.constantly. H=Heavy Exerting 50-100 lbs. occasionally,25-50 lbs. frequently, or up to 10-20 lbs. constantly. VH=Very Heavy Exerting over 100 lbs. occasionally,50-100 lbs. frequently, or up to 20-50 lbs.constantly. PHYSICAL DEMANDS: C =Continuously 2/3 or more of the time F =Frequently From 1/3 to 2/3 of the time O =Occasionally Up to 1/3 of the time R = Rarely t.ess than 1 hour per week N =Never Never occurs This is a description ofthewaythisjob is currently performed;itdoes notaddressthepotentialfor accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O At park sites,recreation facilities and progarms/events Sitting F Deskwork,meetings,driving Walking O At park sites,recreation facilities and progarms/events Lifting R Equipment and supplies Carrying R Equipment and supplies Pushing/Pulling R Equipment and supplies Reaching O Equipment and supplies Handling 0 Equipment and supplies Fine Dexterity F Computer keyboard,telephone keypad,writing Kneeling O At park sites,recreation facilities and progarms/events Crouching 0 At park sites,recreation facilities and progarms/events Crawling R At park sites,recreation facilities and progarms/events Bending O At park sites,recreation facilities and progarms/events Twisting 0 At park sites,recreation facilities and progarms/events Climbing R At park sites,recreation facilities and progarms/events Balancing R At park sites,recreation facilities and progarms/events Vision C Reading,computer work,driving Hearing C Communication with staff and customers Talking c Communication with staff and customers Foot Controls R Operating vehicles Revised 10/29/14 FOUNTAIN HILLS,ARIZONA Job Description MACHINES,TOOLS.EQUIPMENT.AND WORK AIDS: ENVIRONMENTAL FACTORS: D = Daily W =Several Times Per Week M =Several Times Per Month S =Seasonally N =Never HEALTH AND SAFETY ENVffiONMENTAL FACTORS Mechanical Hazards M Extreme Temperatures S Chemical Hazards M Noise and Vibration M Electrical Hazards N Wetness/Humidity S Fire Hazards N Respiratory Hazards N Explosives N Physical Hazards N Communicable Diseases N Physical Danger or Abuse N Other (see 1 Below) (1) (2) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment Warehouse Shop Vehicle Outdoors X Recreation Center Other (see 2 Below) C =Continuously 2/3 or more of the time F =Frequently From 1/3 to 2/3 of the time O =Occasionally Up to 1/3 of the time R =Rarely Less than 1 hour per week N =Never Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations O Frequent Change of Tasks F Irregular Work Schedule/Overtime F Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work F Noisy/Distracting Environment F Other (see 3 below) (3) Revised 10/29/14 SALARY MATRIX 2014-15 Revised November 13,2014 Exempt Positions Position Title Starting 2nd Step 3r Step 4th Step Midpoint 6" Step 7th Step 8th Step 9'"Step Town Manager 115,000 120,175 125,583 131,234 137,140 143,311 149,760 156,499 163,542 Finance Director 83,323 87,073 90,991 95,085 99,364 103,836 108,508 113,391 118,494 Development Svcs. Director 82,044 85,736 89,594 93,626 97,839 102,242 106,843 111,651 116,675 Town Engineer 78,870 82,419 86,128 90,004 94,054 98,286 102,709 107,331 112,161 Administrative Services Director 73,809 77,130 80,601 84,228 88,019 91,979 96,119 100,444 104,964 Community Services Director 73,523 76,832 80,289 83,902 87,678 91,623 95,746 100,055 104,557 Court Administrator 65,864 68,828 71,925 75,162 78,544 82,079 85,772 89,632 93,665 Town Clerk 60,548 63,273 66,120 69,095 72,205 75,454 78,849 82,397 86,105 Economic Development Specialist 58,864 61,513 64,281 67,174 70,196 73,355 76,656 80,106 83,711 Chief Building Official/Plans Examiner 58,263 60,885 63,625 66,488 69,480 72,606 75,874 79,288 82,856 Street Superintendent 57,042 59,609 62,291 65,094 68,024 71,085 74,284 77,626 81,119 Senior Planner 56,807 59,363 62,035 64,826 67,743 70,792 73,977 77,306 80,785 Recreation Supervisor 52,906 55,287 57,775 60,375 63,091 65,931 68,897 71,998 75,238 Parks Supervisor 51,106 53,406 55,809 58,320 60,945 63,687 66,553 69,548 72,678 Information Technology Administrator 50,511 52,784 55,159 57,641 60,235 62,946 65,778 68,738 71,832 Facilities/Environmental Supervisor 49,694 51,930 54,267 56,709 59,261 61,928 64,715 67,627 70,670 Events and Operations Supervisor - CC.46,328 48,413 50,591 52,868 55,247 57733 60,331 63,046 65,883 Executive Assistant to Town Manager/Council 46,000 48,070 50,233 52,494 54,856 57,324 59,904 62,600 65,417 Senior Services Supervisor 44,122 46.107 48,182 50,351 52,616 54,984 57,458 60,044 62,746 Accountant 42,463 44,374 46,371 48,457 50,638 52,917 55,298 57,786 60,387 Recreation Program Coordinator 40,111 41,916 43,802 45,773 47,833 49,986 52,235 54,586 57,042 Tourism Coordinator 40,111 41,916 43,802 45,773 47,833 49,986 52,235 54,586 57,042 Community Center Operations Coordinator 37,282 38,960 40,713 42,545 44,459 46,460 48,551 50,736 53,019 Volunteer Coordinator 32,635 34,104 35,638 37,242 38,918 40,669 42,499 44,412 46,410 Non-Exempt Positions Position Title Starting 2 step •yfil step 4' step Midpoint 6' step 7l"step 8"step 9*step GIS Technician/CAD Operator 22.50 23.51 24.57 25.68 26.83 28.04 29.30 30.62 32.00 Traffic Signal Technician 11 21.95 22.94 23.97 25.05 26.18 27.35 28.58 29.87 31.22 Civil Engineer Inspector 19.54 20.42 21.34 22.30 23.30 24.35 25.45 26.59 27.79 Code Enforcement Officer 18.34 19.17 20.03 20.93 21.87 22.85 23.88 24.96 26.08 Executive Assistant 18.34 19.17 20.03 20.93 21.87 22.85 23.88 24.96 26.08 Fleet Mechanic/Open Space Landscape Specialist 17.89 18.70 19.54 20.42 21.33 22.29 23.30 24.35 25.44 Park Operations Lead 17.89 18.70 19.54 20.42 21.33 22.29 23.30 24.35 25.44 Facilities Maintenance Technician 16.56 17.31 18.08 18.90 19.75 20.64 21.57 22.54 23.55 Building Permit Technician 16.13 16.86 17.61 18.41 19.24 20.10 21.01 21.95 22.94 Senior Court Clerk 15.69 16.40 17.13 17.90 18.71 19.55 20.43 21.35 22.31 Street Maintenance Technician 15.69 16.40 17.13 17.90 18.71 19.55 20.43 21.35 22.30 Court Clerk 15.00 15.68 16.38 17.12 17.89 18.69 19.53 20.41 21.33 Financial Services Technician 15.00 15.68 16.38 17.12 17.89 18.69 19.53 20.41 21.33 Accounting Clerk 14.51 15.16 15.85 16.56 17.30 18.08 18.90 19.75 20.63 Customer Service Representative 11 14.51 15.16 15.85 16.56 17.30 18.08 18.90 19.75 20.63 Senior Services Activities Coordinator 14.20 14.84 15.51 16.20 16.93 17.70 18.49 19.32 20.19 Lead Park Attendant 14.20 14.84 15.51 16.20 16.93 17.70 18.49 19.32 20.19 Customer Service Representative I 12.93 13.51 14.12 14.76 15.42 16.11 16.84 17.60 18.41 Home Delivered Meals Coordinator 12.65 13.22 13.81 14.44 15.09 15.76 16.47 17.21 18.01 Groundskeeper 12.65 13.22 13.81 14.44 15.09 15.76 16.47 17.21 17.99 Operations Support Worker 12.65 13.22 13.81 14.44 15.09 15.76 16.47 17.21 17.99 Custodian 11.69 12.22 12.77 13.34 13.94 14.57 15.22 15.91 16.62 Park Attendant 11.69 12.22 12.77 13.34 13.94 14.57 15.22 15.91 16.62 Senior Services Assistant 11.69 12.22 12.77 13.34 13.94 14.57 15.22 15.91 16.62 Fire Chief (League Survey) Asst.Fire Chief (my survey) Captain (League Survey) Liuetenant (my survey) Firefighter (League Survey) Additional 10% for paramedics Presiding Judge FIRE DEPARTMENT SALARY RANGES -2013 81,747 85,426 89,270 93,287 97,485 101,872 106,456 111,246 116,252 72,236 75,487 78,884 82,433 86,143 90,019 94,070 98,303 102,727 56,178 58,706 61,348 64,108 66,993 70,008 73,158 76,450 79,891 44,480 46,482 48,573 50,759 53,043 55,430 57,925 60,531 63,255 38,916 40,667 42,497 44,410 46,408 48,496 50,679 52,959 55,342 66888.00 |68560.20 ]70274.21 |72031.06 ]75677.63 77569.57 79508.81 81496.53 Schedule of Authorized Positions Position Title Municipal Court Presiding Judge Court Administrator Senior Court Clerk Court Clerk Authorized FTE Administration Town Manager Deputy Town Manager/Finance Director Administrative Services Director Executive Asst to Town Mgr/Council Town Clerk Human Resources Administrator/Risk Mgr. Volunteer Coordinator Economic Development Administrator Economic Development Specialist Information Technology Coordinator Information Technology Administrator Information Technology Technician Finance Director Accounting Supervisor Accountant Financial Services Technician Accounting Clerk Customer Service Representative II Authorized FTE FY10-11 FY11-12 FY12-13 FY13-14 FY14-15 FY14-15 Authorized Authorized Authorized Authorized Authorized Mid -Year Request FTE FTE FTE FTE FTE FTE 1.00 1.00 1.00 1.00 0.63 0.63 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 2.00 2.00 1.00 1.00 1.00 5.00 5.00 5.00 4.00 3.63 3.63 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.75 -- 0.75 0.88 0.88 0.88 1.00 1.00 1.00 1.00 1.00 --- 0.63 0.63 1.00 1.00 1.00 1.00 1.00 -- ----1.00 1.00 0.50 0.75 0.75 0.50 -- ----1.00 1.00 1.00 1.00 1.00 1.00 -- ----1.00 1.00 1.00 0.75 0.75 0.50 1.00 1.00 0.50 0.50 0.50 0.50 0.63 0.63 0.50 0.70 0.80 0.80 0.70 0.70 11.25 11.58 11.68 10.56 10.96 11.33 Schedule of Authorized Positions Position -Title Development Services Development Services Director Town Engineer Civil Engineering Inspector Planner -Environmental (Stormwater) Executive Assistant Facilities Supervisor Facilities/Environmental Supervisor Facilities Maintenance Tech Custodian Street Superintendent Open Space &Landscape Specialist Fleet Mechanic/Open Space-Landscape Spec Traffic Signal Technician I Traffic Signal Technician II Street Maintenance Technician Senior Planner Planner GIS Technician/CAD Operator Code Enforcement Officer Chief Building Official/Plans Examiner Chief Building Official Plans Examiner Building Permit Technician Authorized FTE FY10-11 Authorized FTE FY11-12 Authorized FTE FY12-13 Authorized FTE FY13-14 Authorized FTE FY14-15 Authorized FTE 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 --- 1.00 1.00 1.00 1.00 1.00 1.00 1.00 --- --1.00 1.00 1.00 1.00 1.00 1.50 1.00 1.00 1.25 1.25 1.25 1.25 1.30 1.00 1.00 1.00 1.00 1.00 1.00 ---- 1.00 1.00 1.00 1.00 1.00 0.50 ---- 1.00 1.00 1.00 1.00 1.00 4.00 3.00 3.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.50 ---- 1.00 1.00 1.00 1.00 1.00 1.00 1.50 1.00 1.00 1.00 --1.00 1.00 1.00 1.00 1.00 --- 1.00 0.50 --- 1.00 1.00 1.00 1.00 1.00 23.25 20.25 18.75 16.25 16.30 FY14-15 Mid-Year Request FTE 1.00 1.00 1.00 1.00 1.00 1.00 1.30 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 16.30 Schedule of Authorized Positions Position -Title Community Services Community Services Director Recreation Supervisor Recreation Program Coordinator Recreation Assistant Recreation Coordinator Tourism Assistant Executive Assistant Parks Supervisor Park Operations Lead Lead Park Attendant Park Attendant Groundskeeper Customer Service Representative II Events Coordinator -Community Center Events &Operations Supervisor - CC Operations Coordinator -Community Center Operations Support Worker Operations Support Assistant Customer Service Representative I Senior Services Supervisor Senior Services Activities Coordinator Home Delivered Meals Coordinator Senior Services Assistant Authorized FTE Total Authorized FTE FY10-11 FY11-12 FY12-13 FY13-14 FY14-15 FY14-15 Authorized Authorized Authorized Authorized Authorized Mid-Year Request FTE FTE FTE FTE FTE FTE 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 2.00 2.00 2.00 2.00 2.00 2.35 2.45 2.45 2.45 -- -----1.00 ----0.50 - 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 3.00 3.00 2.00 1.00 1.00 1.00 -----0.49 r----2.45 1.96 2.00 2.00 3.00 3.00 3.00 3.00 0.50 0.30 0.30 0.30 0.30 0.30 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.50 2.00 1.65 1.65 1.65 1.65 0.50 ----- 1.00 1.00 1.00 1.00 0.88 0.88 1.00 1.00 1.00 1.00 1.00 1.00 0.58 0.58 0.58 0.58 0.58 0.58 0.75 0.75 0.75 0.75 0.75 0.75 0.45 0.45 0.45 0.45 0.45 0.45 21.63 21.53 21.18 20.18 20.56 21.06 61.13 58.36 56.61 50.99 51.45 52.32 ADMINISTRATIONDEPARTMENTTownManagerExecutiveAssistantAccountantFinancialServicesTechITAdministrator*AccountingClerk (.Convert.63FTEto1.0FTEFullTimeTttime COMMUNITYSERVICESDEPARTMENTExecutiveAssistantr!RecreationSupervisorSeniorServicesSupervisorTourismCoordinator(Proposed1.0FTE)RecreationCoordinatorRecreationCoordinator*LeadParAttendant.(ParkAttendant(•49)tendant9)*ParkAtten<(.49)*HomeDeliveredMealsCoord(.75)*ActivitiesCoordinator(.58)*SeniorServicesAssistantDirectorEventsandOperationsSupervisorCommunityCenterOperationsCoordinator'OperationsSupportWorker(.83)OperationsSupportWorker(.82)'CustomerServiceRep I(-53)♦CustomerServiceRep I(.35)ParksLeadGroundskeeperGroundskeeperGroundskeeperProposedReclassoParkAttendanttoLeadParkAttendamParksSupervisorConvert.50FTEto1.0FTEParttim. TOWN OF FOUNTAIN HILLS 11/17/2014 09:52 BBogdan CLERK:BBogdan YEAR PER JNL SRC ACCOUNT EFF DATE TOWN OF FOUNTAIN HILLS BUDGET AMENDMENT JOURNAL ENTRY PROOF JNL DESC REF 1 REF 2 2015 7 2 BUA DEDAD-4 011 01/01/2015 ED TO TOUR BUA TOURAD-5001 01/01/2015 ED TO TOUR BUA DEDAD-6 904 01/01/2015 ED TO TOUR BUA TOURAD-4904 01/01/2015 ED TO TOUR Approved: M'or Line Kavana REF 3 'li1'IIH"H'l,llH1HWi'l"ll,l'llflfllt ACCOUNT DESC LINE DESC SALES-EXCISE TAX REALLOCATING EXCISE TAX % SALARIES-FULL TIME PART-TIME TO FULL-TIME CHANGE TRANSFER OUT REALLOCATING EXCISE TAX % TRANSFER IN PART-TIME TO FULL-TIME CHANGE JOURNAL 2015/07/2 TOTAL Date T OB DEBIT 16,100.00 16,100.00 16,100.00 .00 |P 2 Ibgamdent CREDIT 16,100.00 .00 RESOLUTION NO.2014-50 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,APPROVING THE REVISED TOWN ORGANIZATIONAL CHART FOR THE ADMINISTRATION DEPARTMENT AND THE COMMUNITY SERVICES DEPARTMENT,THE 2014-15 PAY PLAN,AND THE SCHEDULE OF AUTHORIZED POSITIONS AND EMPLOYEE JOB DESCRIPTIONS TO RECLASSIFY THE PARK ATTENDANT POSITION,TO RETITLE AND RE-RANGE THE PART-TIME TOURISM ASSISTANT POSITION TO A FULL-TIME TOURISM COORDINATOR,AND TO CONVERT THE PART-TIME ECONOMIC DEVELOPMENT SPECIALIST POSITION TO FULL-TIME;AUTHORIZING THE NECESSARY BUDGET TRANSFER;AND AUTHORIZING A CHANGE TO THE ALLOCATION OF EXCISE TAX FOR ECONOMIC DEVELOPMENT AND DOWNTOWN STRATEGY. WHEREAS,the Mayor and Council of the Town of Fountain Hills (the "Town Council") approved Resolution No. 2014-21 on June 5, 2014, approving the Town of Fountain Hills Organizational Chart, the 2014-15 Pay Plan, the Schedule of Authorized Positions and the Employee Job Descriptions (collectively,the "Staffing Authorization");and WHEREAS,the Town Council desires to revise the Staffing Authorization to incorporate reclassifying the Park Attendant position to Lead Park Attendant,retitling and re- ranging the part-time Tourism Assistant position to a full-time Tourism Coordinator position and converting the Economic Development Specialist to an exempt, full-time position (collectively, the "Reclassification,Retitling and Re-Ranging");and WHEREAS,the Town Council approved a split of the Town's dedicated 0.1% excise tax fund in the Town's FY 2014-15 annual budget of 40% to "Downtown Strategy/Initiative"and 60% to "Economic Development/Attraction" (the "Existing Excise Tax Allocation"); and WHEREAS,in order to provide funding for the Reclassification,the Existing Excise Tax Allocation will need to be modified to 80%"Economic Development/Business Attraction Strategy"and 20% to "Downtown Strategy"(the "Revised Excise Tax Allocation"). NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town Council hereby approves and authorizes the Reclassification, Retitlingand Re-Rangingand directs that the necessaryrelatedchangesbe made to (i) the Town of Fountain Hills Organizational Chart for the Administration Department and the Community Services Department,(ii) the 2014-15 Pay Plan, (iii) the Schedule of Authorized Positions and (iv)the employee job descriptions,all in the form attached hereto as Exhibit A and incorporated herein by reference. 2274196.1 SECTION3. The Reclassification,Retitling and Re-Ranging shall become effective January 1,2015. SECTION4. The RevisedExciseTax Allocationis hereby approved. SECTION 5. The $16,100 inter-fund transferin the Town's FY 2014-15 annual budget is hereby approved. SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, December 4,2014. FOR THE TOWN OF FOUNTAIN HILLS: Linda M.Kavanagh,Mayor REVIEWED BY: Kenneth W.Buchanan,Town Manager 2274196.1 ATTESTED TO: Bevelyn J.Bender,Town Clerk APPROVED AS TO FORM: Andrew J.McGuire,Town Attorney 2274196.1 EXHIBIT A TO RESOLUTION NO.2014-50 [Revised Staffing Authorization] See following pages. AccountantITAdministratorEffectiveJanuary1,2014ADMINISTRATIONDEPARTMENTTownManagerExecutiveAssistantFinancialServicesTech*Custoi.erServiceRep«m*AccountingClerk (.63) COMMUNITYSERVICESDEPARTMENTExecutiveAssistantRecreationSupervisor•^^^^•^^^^^•1^^^H^^^^^^^^1^H^^L1HTourismCoordinator•1|•^B^^^IH^^^^H•^•iRecreationCoordinatorRecreationCoordinatorSeniorServicesSupervisor*LeadParkAttendant.(.49)*HomeDeliveretMealsCoord(.7ParkAttendant(-49)EffectiveJanuary1,2014*Activiti("tordina(-58)*SeniorServicesassistantDirectorEventsandOperationsSupervisorCommunityCenterOperationsCoordinator""OperationsSupport";r(.83)CustomerServiceRepI(-35)ParksLeadGroundskeeperGroundskeeperParksSupervisor*Parttim SALARY MATRIX 2014-15 Revised November 20,2014 Exempt Positions Position Title Starting 2nd Step 3r Step 4,h Step Midpoint 61 Step 7'"Step 8th Step 9,h Step Town Manager 115,000 120,175 125,583 131,234 137,140 143,311 149,760 156,499 163,542 Finance Director 83,323 87,073 90.991 95,085 99,364 103,836 108,508 113,391 1 1 8.494 Development Svcs.Director 82,044 85,736 89,594 93,626 97,839 102,242 106,843 111,651 116,675 Town Engineer 78,870 82,419 86,128 90,004 94,054 98,286 102,709 107,331 112,161 Administrative Services Director 73,809 77,130 80,601 84,228 88,019 91,979 96,119 100,444 104,964 Community Services Director 73,523 76,832 80,289 83,902 87,678 91,623 95,746 100,055 104,557 Court Administrator 65,864 68,828 71,925 75,162 78,544 82,079 85,772 89,632 93,665 Town Clerk 60,548 63,273 66,120 69,095 72,205 75,454 78,849 82.397 86,105 Economic Development Specialist 58,864 61,513 64,281 67,174 70,196 73.355 76,656 80,106 83,711 Chief Building Official/Plans Examiner 58,263 60,885 63,625 66,488 69,480 72,606 75,874 79,288 82,856 Street Superintendent 57,042 59,609 62,291 65,094 68,024 71,085 74,284 77,626 81,119 Senior Planner 56,807 59,363 62,035 64,826 67,743 70,792 73,977 77,306 80,785 Recreation Supervisor 52,906 55,287 57,775 60,375 63,091 65,931 68,897 71,998 75,238 Parks Supervisor 51,106 53,406 55,809 58,320 60,945 63,687 66,553 69,548 72,678 Information Technology Administrator 50,511 52,784 55,159 57,641 60,235 62,946 65,778 68,738 71,832 Facilities/Environmental Supervisor 49,694 51,930 54,267 56,709 59,261 61,928 64,715 67,627 70,670 Events and Operations Supervisor - CC.46,328 48,413 50,591 52,868 55,247 57733 60,331 63,046 65,883 Executive Assistant to Town Manager/Council 46,000 48,070 50.233 52,494 54,856 57,324 59.904 62,600 65,417 Senior Services Supervisor 44,122 46,107 48,182 50,351 52,616 54,984 57,458 60,044 62,746 Accountant 42,463 44,374 46,371 48,457 50,638 52,917 55,298 57,786 60,387 Recreation Program Coordinator 40,111 41,916 43,802 45,773 47,833 49,986 52,235 54,586 57,042 Tourism Coordinator 40,111 41,916 43,802 45,773 47,833 49,986 52,235 54,586 57,042 Community Center Operations Coordinator 37,282 38,960 40.713 42,545 44,459 46.460 48,551 50,736 53,019 Volunteer Coordinator 32,635 34,104 35,638 37,242 38,918 40,669 42,499 44,412 46,410 Non-Exempt Positions Position Title Starting 2nd step ^rd step 4,h step Midpoint 6*step 7 step 8' step 9*step GIS Technician/CAD Operator 22.50 23.51 24.57 25.68 26.83 28.04 29.30 30.62 32.00 Traffic Signal Technician 11 21.95 22.94 23.97 25.05 26.18 27.35 28.58 29.87 31.22 Civil Engineer Inspector 19.54 20.42 21.34 22.30 23.30 24.35 25.45 26.59 27.79 Code Enforcement Officer 18.34 19.17 20.03 20.93 21.87 22.85 23.88 24.96 26.08 Executive Assistant 18.34 19.17 20.03 20.93 21.87 22.85 23.88 24.96 26.08 Fleet Mechanic/Open Space Landscape Specialist 17.89 18.70 19.54 20.42 21.33 22.29 23.30 24.35 25.44 Park Operations Lead 17.89 18.70 19.54 20.42 21.33 22.29 23.30 24.35 25.44 Facilities Maintenance Technician 16.56 17.31 18.08 18.90 19.75 20.64 21.57 22.54 23.55 Building Permit Technician 16.13 16.86 17.61 18.41 19.24 20.10 21.01 21.95 22.94 Senior Court Clerk 15.69 16.40 17.13 17.90 18.71 19.55 20.43 21.35 22.31 Street Maintenance Technician 15.69 16.40 17.13 17.90 18.71 19.55 20.43 21.35 22.30 Court Clerk 15.00 15.68 16.38 17.12 17.89 18.69 19.53 20.41 21.33 Financial Services Technician 15.00 15.68 16.38 17.12 17.89 18.69 19.53 20.41 21.33 Accounting Clerk 14.51 15.16 15.85 16.56 17 30 18.08 18.90 19.75 20.63 Customer Service Representative II 14.51 15.16 15.85 16.56 17.30 18.08 18.90 19.75 20.63 Senior Services Activities Coordinator 14.20 14.84 15.51 16.20 16.93 17.70 18.49 19.32 20.19 Lead Park Attendant 14.20 14.84 15.51 16.20 16.93 17.70 18.49 19.32 20.19 Customer Service Representative I 12.93 13.51 14.12 14.76 15.42 16.11 16.84 17.60 18.41 Home Delivered Meals Coordinator 12.65 13.22 13.81 14.44 15 09 15.76 16.47 17.21 18.01 Groundskeeper 12.65 13.22 13.81 14.44 15.0')15.76 16.47 17.21 17.99 Operations Support Worker 12.65 13.22 13.81 14.44 15.09 15.76 16.47 17.21 17.99 Custodian 11.69 12.22 12.77 13.34 13.94 14.57 15.22 15.91 16.62 Park Attendant 11.69 12.22 12.77 13.34 13.94 14.57 15.22 15.91 16.62 Senior Services Assistant 11.69 12.22 12.77 13.34 13.94 14.57 15.22 15.91 16.62 Fire Chief (League Survey) Asst.Fire Chief (my survey) Captain (League Survey) Liuetenant (my survey) Firefighter (League Survey) Additional 10% for paramedics Presiding Judge FIRE DEPARTMENT SALARY RANGES -2013 81,747 85,426 89,270 93,287 97,485 101,872 106,456 111,246 116,252 72,236 75,487 78,884 82,433 86.143 90,019 94,070 98,303 102,727 56,178 58,706 61,348 64,108 66,993 70,008 73,158 76,450 79,891 44,480 46,482 48,573 50,759 53,043 55,430 57,925 60,531 63,255 38,916 40,667 42,497 44,410 46,408 48,496 50,679 52,959 55,342 66888.00 |68560.20 |70274.21 |72031.06 [73831.84 [75677.63 |77569.57 \79508.81 |81496.53 | Schedule of Authorized Positions Position Title Municipal Court Presiding Judge Court Administrator Senior Court Clerk Court Clerk Authorized FTE Administration Town Manager Deputy Town Manager/Finance Director Administrative Services Director Executive Asst to Town Mgr/Council Town Clerk Human Resources Administrator/Risk Mgr. Volunteer Coordinator Economic Development Administrator Economic Development Specialist Information Technology Coordinator Information Technology Administrator Information Technology Technician Finance Director Accounting Supervisor Accountant Financial Services Technician Accounting Clerk Customer Service Representative II Authorized FTE FY10-11 FY11-12 FY12-13 FY13-14 FY14-15 FY14-15 Authorized Authorized Authorized Authorized Authorized Mid-Year Approved FTE FTE FTE FTE FTE FTE 1.00 1.00 1.00 1.00 0.63 0.63 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 2.00 2.00 1.00 1.00 1.00 5.00 5.00 5.00 4.00 3.63 3.63 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.75 -- 0.75 0.88 0.88 0.88 1.00 1.00 1.00 1.00 1.00 --- 0.63 0.63 1.00 1.00 1.00 1.00 1.00 -- ----1.00 1.00 0.50 0.75 0.75 0.50 -- ----1.00 1.00 1.00 1.00 1.00 1.00 -- ----1.00 1.00 1.00 0.75 0.75 0.50 1.00 1.00 0.50 0.50 0.50 0.50 0.63 0.63 0.50 0.70 0.80 0.80 0.70 0.70 11.25 11.58 11.68 10.56 10.96 11.33 Schedule of Authorized Positions Position -Title Development Services Development Services Director Town Engineer Civil Engineering Inspector Planner -Environmental (Stormwater) Executive Assistant Facilities Supervisor Facilities/Environmental Supervisor Facilities Maintenance Tech Custodian Street Superintendent Open Space &Landscape Specialist Fleet Mechanic/Open Space-Landscape Spec Traffic Signal Technician I Traffic Signal Technician II Street Maintenance Technician Senior Planner Planner GIS Technician/CAD Operator Code Enforcement Officer Chief Building Official/Plans Examiner Chief Building Official Plans Examiner Building Permit Technician Authorized FTE FY10-11 FY11 -12 FY12 -13 FY13-14 FY14-15 FY14-15 Authorized Authorized Authorized Authorized Authorized Mid-Year Aj>prove< FTE FTE FTE FTE FTE FTE 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 ---- 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 ---- --1.00 1.00 1.00 1.00 1.00 1.00 1.50 1.00 1.00 1.00 1.25 1.25 1.25 1.25 1.30 1.30 1.00 1.00 1.00 1.00 1.00 1.00 1.00 ----- 1.00 1.00 1.00 1.00 1.00 1.00 0.50 ----- 1.00 1.00 1.00 1.00 1.00 1.00 4.00 3.00 3.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.50 ----- 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.50 1.00 1.00 1.00 1.00 --1.00 1.00 1.00 1.00 1.00 1.00 ---- 1.00 0.50 ---- 1.00 1.00 1.00 1.00 1.00 1.00 23.25 20.25 18.75 16.25 16.30 16.30 Schedule of Authorized Positions Position -Title Community Services Community Services Director Recreation Supervisor Recreation Program Coordinator Recreation Assistant Tourism Coordinator Tourism Assistant Executive Assistant Parks Supervisor Park Operations Lead Lead Park Attendant Park Attendant Groundskeeper Customer Service Representative II Events Coordinator -Community Center Events &Operations Supervisor - CC Operations Coordinator -Community Center Operations Support Worker Operations Support Assistant Customer Service Representative I Senior Services Supervisor Senior Services Activities Coordinator Home Delivered Meals Coordinator Senior Services Assistant Authorized FTE Total Authorized FTE FY10-11 FY11-12 FY12-13 FY13-14 FY14-15 FY14-15 Authorized Authorized Authorized Authorized Authorized Mid-Year Approvec FTE FTE FTE FTE FTE FTE 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 2.00 2.00 2.00 2.00 2.00 2.35 2.45 2.45 2.45 -- -----1.00 ----0.50 - 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 3.00 3.00 2.00 1.00 1.00 1.00 -----0.49 ----2.45 1.96 2.00 2.00 3.00 3.00 3.00 3.00 0.50 0.30 0.30 0.30 0.30 0.30 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.50 2.00 1.65 1.65 1.65 1.65 0.50 ----- 1.00 1.00 1.00 1.00 0.88 0.88 1.00 1.00 1.00 1.00 1.00 1.00 0.58 0.58 0.58 0.58 0.58 0.58 0.75 0.75 0.75 0.75 0.75 0.75 0.45 0.45 0.45 0.45 0.45 0.45 21.63 21.53 21.18 20.18 20.56 21.06 61.13 58.36 56.61 50.99 51.45 52.32 FOUNTAIN HILLS,ARIZONA Job Description Job Title:Economic Development Specialist Department:Administration Immediate Supervisor:Town Manager FLSA Status:Exempt BRIEF DESCRIPTION OF THE JOB: Plans,organizesand implementsthe activitiesof an economicdevelopmentprogramto promotethe growthand development of the Town's economic base. Assists in business recruitment, retention and expansion for both existing and new businesses for the Town. ESSENTIAL FUNCTIONS: This information is intendedtobe descriptive ofthekeyresponsibilities oftheposition.The following examplesdo not identifyall duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Plans and organizes economic development programs related to generating business and development opportunities,including successfully managing projects from inception to completion.Plans,develops and implements informational strategies to attract growth industries and companies.Researches,prepares and communicates information to attract new business clients projecting an effective communication and project management environment. 2 s Directs Town response to requests for information from potential businesses, developers and consultant groups. 3 s Develops and maintains various project management databases.Generates statistical reports,information and plans in connection with economic development projects. 4 s Researches and assists in development of alternative economic development policies, strategies and implementation techniques. 5 L Makes verbal and written presentations to the Town Council,boards,commissions and other citizen groups in a professional and effective manner. 6 L Acts as a liaison between the Town,local and regional Chambers of Commerce, Economic Development Councils and various federal,state and local government agencies. 1See page 3 -Overall Physical Strength Demands Revised 11/06/2014 FOUNTAIN HILLS,ARIZONA Job Description JOB REQUIREMENTS: JOB REQUIREMENTS Formal Education / Knowledge Bachelor'sdegree in EconomicDevelopment,marketing,planning,urbangeographyor a related field.Completion of a Master's Degree preferred.** Experience A minimum of four years of management support experience, with three of those years in business development and related economic development activities. Experience in both the public and private sectors preferred. Certifications and Other Requirements IEDC Certified Economic Developer status preferred.Valid drivers license for a minimum of two years with a good driving record,required. **Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read complex legal documents, development agreements and contracts,executive business letters and communications,development-related documents, master plans, design guidelines,construction site plans, budget documents, business magazine,journals,newspapers and technical reports, strategic or operational plans. Math Work requires the ability to perform general math calculations such as addition, subtraction,multiplication,division,college algebra,and statistics. Writing Work requires the ability to write communication with executive management,Town Council,and business executives,preparing marketing documents,assisting with development agreements,concise and professional letters all at a college level. Managerial Managerial responsibilities include participation and management of Town teams with crucial issues including strategic planning and fiscal management,infrastructure planning and development,Town building projects,and management of the Economic Development division. Budget Responsibility Assists in preparing and monitoring the Economic Development budget. Supervisory / Organizational Control None Complexity Work is widely varied,involving analyzing and evaluating many complex and significant variables.Organization-wide policies,procedures,or precedents are developed and/or recommended. Interpersonal /Human Relations Skills The incumbents in this position contact others within the organization.These contacts may involve similar work units or departments within the Town which may be involved in decision making or providing approval or decision making authority for purchases or projects. In addition,these incumbents work with individuals outside the Town who may belong to professional or peer organizations.Working with various state and federal agencies may also be required of the employee.Communicates extensively with the Town Manager,Town Council,developers / real estate,external clients,customers, allies,business professionals,government officials,and regional,state, and national personnel.Employee must maintain regular attendance. Revised 11/06/2014 FOUNTAIN HILLS,ARIZONA Job Description OVERALL PHYSICAL STRENGTH DEMANDS: 1 1Sedentary IEI Light I |Medium 1 1Heavy 1 1Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs.Exerting up to 20 lbs.Exerting 20-50 lbs.Exerting 50-100 lbs.Exerting over 100 lbs. occasionally or negligible occasionally,lOlbs.occasionally,10-25 lbs.occasionally,25-50 lbs.occasionally,50-100 lbs. weights frequently; sitting frequently,or negligible frequently, or up to 10-20 frequently,or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR requires walking or standing to a significant degree. lbs.constantly.lbs.constantly.lbs. constantly. PHYSICAL DEMANDS: C =Continuously 2/3 or more of the time F =Frequently From 1/3 to 2/3 of the time O =Occasionally Up to 1/3 of the time R = Rarely Less than 1 hour per week N =Never Never occurs Thisis a description ofthe way this job is currentlyperformed; it does not address thepotential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O Presentations,copier,fax machine,filing Sitting c Computer,desk work,paperwork,answering telephone,meetings, driving Walking 0 Inter-office,to/from meetings,field work,tradeshows Lifting o Contracts,reports,plans,displays Carrying o Contracts,reports,plans,displays,boxes Pushing/Pulling R Doors,chairs,filing cabinet drawers Reaching 0 Supplies,files,boxes Handling F Contracts,reports,plans Fine Dexterity C Computer keyboard,writing,telephone keypad Kneeling R Filing,retrieving dropped items Crouching R Filing,retrieving dropped items Crawling R Retrieving dropped items Bending R Filing,retrieving dropped items Twisting R Filing,retrieving dropped items Climbing R Stairs Balancing R Stairs Vision C Computer,desk work,writing,reading,use of office equipment,field work,driving Hearing C Telephone,staff,co-workers,supervisor,Town Manager,Town Council, analysts,directors,planners,engineers,local businesses,reporters,meetings, presentations,training classes Talking C Telephone,staff,co-workers,supervisor,Town Manager,Town Council, analysts,directors,planners,engineers,local businesses,reporters,meetings, presentations,training classes Foot Controls O Driving Revised 11/06/2014 FOUNTAIN HILLS,ARIZONA Job Description MACHINES,TOOLS,EOUIPMENT,AND WORK AIDS: Standard office equiptment such as a telephone and computer;use of a vehicle. ENVIRONMENTAL FACTORS: D = Daily W =Several Times Per Week M =Several Times Per Month S =Seasonally N =Never HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Hazards N Extreme Temperatures S Chemical Hazards N Noise and Vibration N Electrical Hazards N Wetness/Humidity N Fire Hazards N Respiratory Hazards N Explosives N Physical Hazards N Communicable Diseases N Physical Danger or Abuse N Other (see 1 Below)N (I) (2) PROTECTIVE EOUIPMENT REOUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Shop Vehicle Outdoors Recreation Center Other (see 2 Below) C =Continuously 2/3 or more of the time F =Frequently From 1/3 to 2/3 of the time O =Occasionally Up to 1/3 of the time R =Rarely Less than 1 hour per week N =Never Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations R Frequent Change of Tasks F Irregular Work Schedule/Overtime 0 Performing Multiple Tasks Simultaneously 0 Working Closely with Others as Part of a Team C Tedious or Exacting Work 0 Noisy/Distracting Environment R Other (see 3 below)N (3) Revised 11/06/2014 FOUNTAIN HILLS,ARIZONA Job Description Job Title:Tourism Coordinator Department:Community Services Immediate Supervisor:Recreation Supervisor FLSA Status:Exempt BRIEF DESCRIPTION OF THE JOB: Responsible for coordinating the Town's annual and ongoing tourism efforts. Updates and keeps current the Town's Tourism website and special events calendar. Reports to and works with the Recreation Supervisor on various special events related to the Town's ongoing Tourism efforts. ESSENTIAL FUNCTIONS: This information is intended tobe descriptive ofthekey responsibilities oftheposition.The following examples donot identify all duties performed byany single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Plan,organize,implement and evaluate tourism programs;maintain and regularly update the Town's Tourism website and social media; create and regularly update the Town's special event calendar 2 S Coordinate programs and events and design fliers,brochures,and other publications to market and promote special events and tourism for the town 3 s Establish,monitor,and evaluate the Town's tourism efforts by using various analytical methods 4 M Work on various special events over the year as directed by the Recreation Supervisor 5 S Work and collaborate with local businesses,the Chamber of Commerce,Fort McDowell,and regional/state agencies to promote and support the local economy 6 S Seek and apply for grant opportunities from various local, state, and regional entities for offsetting the cost of marketing and promoting tourism and special events * See page 3 —Overall Physical Strength Demands Revised 11/6/2014 FOUNTAIN HILLS,ARIZONA Job Description JOB REQUIREMENTS: JOB REQUIREMENTS Formal Education / Knowledge Work requires broad knowledge in a general professional or technical field. Knowledge is normally acquired through four years of college resulting in a Bachelor's Degree or equivalent in Tourism or a closely related field Experience Minimum two years experience in programming and coordinating tourism or special events activities is required. Must have the ability to work a flexible schedule to include occasional evenings,weekends and holidays. Certifications and Other Requirements Possess a valid Arizona Driver's License with a minimum of two years driving experience with a good driving record. **Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read and interpret manuals, rules,contracts,purchase orders, and professional publications. Math Work requires the ability to to perform general math calculations such as addition, subtraction,multiplication,division,fractions and percentages. Writing Work requires the ability to write forms, letters,sponsorships,grant applications,fliers, receipts,purchase requisitions and reports. Managerial None Budget Responsibility Assist with the preparation of the annual budget for tourism efforts. Supervisory / Organizational Control None Complexity Work involves decision making within established standard practices and procedures. Professional judgment and analytical skills required to determine appropriate course of action.Strong computer skills are necessary for creating publications and creating presentations. Interpersonal /Human Relations Skills The incumbent in this position may contact others within the organization.These contacts may involve similar work units or departments within the Town.In addition, the incumbent may work with individuals outside the Town who may belong to professional or peer organizations.Working with various state and regional agencies may also be required of the employee.Meetings and discussions may be conducted with department heads,business owners,Chamber of Commerce,civic leaders, and regional and state agency staff. Revised 11/6/2014 FOUNTAIN HILLS,ARIZONA Job Description OVERALL PHYSICAL STRENGTH DEMANDS: 1 1Sedentary K Light O Medium 1 1Heavy 1 1Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs.Exerting up to 20 lbs.Exerting 20-50 lbs.Exerting 50-100 lbs.Exerting over 100 lbs. occasionally or negligible occasionally,lOlbs.occasionally,10-25 lbs.occasionally,25-50 lbs.occasionally,50-100 lbs. weights frequently;sitting frequently,or negligible frequently, or up to 10-20 frequently,or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR requires walking or standing to a significant degree. lbs.constantly.lbs.constantly.lbs. constantly. PHYSICAL DEMANDS: C =Continuously 2/3 or more of the time F =Frequently From 1/3 to 2/3 of the time O =Occasionally Up to 1/3 of the time R = Rarely Less than 1 hour per week N =Never Never occurs This is a description ofthe way this job is currentlyperformed; it does not address the potentialfor accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing O At special events and programs Sitting c Deskwork Walking 0 Around offices and during special events Lifting R Supplies and equipment Carrying R Supplies and equipment Pushing/Pulling R Supplies and equipment Reaching R For supplies and equipment Handling O Supplies and equipment Fine Dexterity R Supplies and equipment Kneeling R Retreiving items from the ground Crouching R Retreiving items from the ground Crawling R Retreiving items from the ground Bending R Retreiving items from the ground Twisting R Retreiving items from the ground or from shelving Climbing R Ladder Balancing R Ladder Vision F Reading,driving,observing work activities Hearing F Communicating with personnel and general public on telephone Talking F Communicating with personnel and general public on telephone Foot Controls O Driving Revised 11/6/2014 FOUNTAIN HILLS,ARIZONA Job Description MACHINES,TOOLS.EOUIPMENT.AND WORK AIDS: Scoreboards,toolboxes, computer and related software, general office machines such as copier, fax. ENVIRONMENTAL FACTORS: D = Daily W =Several Times Per Week M =Several Times Per Month S =Seasonally N =Never HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Hazards N Extreme Temperatures S Chemical Hazards N Noise and Vibration N Electrical Hazards N Wetness/Humidity S Fire Hazards N Respiratory Hazards N Explosives N Physical Hazards N Communicable Diseases N Physical Danger or Abuse N Other (see 1 Below)N (1) (2) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Shop Vehicle Outdoors Recreation Center Other (see 2 Below) C =Continuously 2/3 or more of the time F =Frequently From 1/3 to 2/3 of the time O =Occasionally Up to 1/3 of the time R = Rarely Less than 1 hour per week N =Never Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations 0 Frequent Change of Tasks F Irregular Work Schedule/Overtime F Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team C Tedious or Exacting Work F Noisy/Distracting Environment F Other (see 3 below) (3) Revised 11/6/2014 FOUNTAIN HILLS,ARIZONA Job Description Job Title:Lead Park Attendant Department:Community Services Supervisor:Recreation Program Coordinator or Recreation Supervisor FLSA Status:Non-Exempt BRIEF DESCRIPTION OF THE JOB: Inadditionto performing simple manual and clerical duties with little or no supervision in park maintenanceor recreation, this position functions ina lead capacity tootherPark Attendants.The distinguishing characteristic between this position and a Park Attendant isthat the Lead Park Attendant is assigned to perform additional duties. The additionalduties may involve training,providing functional directionto other Park Attendants,interpretingand communicatingpolicies,andreporting operating issues to the Recreation Program Coordinator or Recreation Supervisor. ESSENTIAL FUNCTIONS: This information is intended tobe descriptive ofthe key responsibilities oftheposition.The following examples donot identify all duties performed byany single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 S Acts in a lead capacity which involves training employees,providing direction to other employees,interpreting and communicating policies and assignments to employees, and reporting operating issues to the supervisor 2 M Participates in delivery of recreation programs;including interaction with participants 3 M Polices sites,picking up paper and trash.Provides general cleaning of buildings and restrooms 4 S Performs routine clerical functions such as delivering flyers and answering phones or general office work 5 L Sets up apparatus and other equipment and issues supplies;lines athletic fields and ball diamonds 6 S Demonstrates continuous effort to improve operations,decrease turnaround times, streamline work processes,and work cooperatively and jointly to provide quality seamless customer service * See page 3 - Overall Physical Strength Demands Revised 10/29/14 FOUNTAIN HILLS,ARIZONA Job Description JOB REQUIREMENTS: JOB REOmREMENTS Formal Education / Knowledge Work requires knowledge necessary to understand basic operational, technical, or office processes. Levelof knowledge equivelent to four years of high school or equivalency. Experience Twelve (12) months experience as a Park Attendant or in related programsareas preferred. Certifications and Other Requirements Possessionof a valid driver's license for a minimumof two years with a good driving record, Basic First Aid and CPR/AED Certification required. **Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Workrequiresthe ability to read reports. Some RecreationAssistants may interpret manuals, rules,contracts,purchase orders, and professional publications. Math Work requires the ability to perform general math calculations such as addition, subtraction,multiplication and division. Writing Work requires the ability to write reports and fill out forms. Some Recreation Assistants must possess the ability to write letters, sponsorship requests, flyers, receipts, and equipment bids. Managerial None Budget Responsibility None Supervisory / Organizational Control While no direct supervision is exercised, work requires training of other employees, providing direction and clarification ofjob assignments of other employees, interpreting and communicating policies and procedures to other employees, and reporting operating issues to supervisory staff. Complexity Work is governed by broad instructions,objectives and policies. Work requires the exercise of initiative and independent analytical and evaluative judgement. Interpersonal /Human Relations Skills Establish and maintain effective working relationships with employees and the public. Revised 10/29/14 FOUNTAIN HILLS,ARIZONA Job Description OVERALL PHYSICAL STRENGTH DEMANDS: 1 I Sedentary •Light X Medium 1 1Heavy 1 1Very Heavy S=sedentary Exerting up to 10 lbs. occasionally or negligible weights frequently; sitting most of the time L=Light Exerting up to 20 lbs. occasionally,lOlbs. frequently,or negligible amounts constantly OR requires walking or standing to a significant degree. M=Medium Exerting 20-50 lbs. occasionally,10-25 lbs. frequently,or up to 10-20 lbs.constantly. H=Heavy Exerting 50-100 lbs. occasionally,25-50 lbs. frequently, or up to 10-20 lbs.constantly. VH=Very Heavy Exerting over 100 lbs. occasionally,50-100 lbs. frequently, or up to 20-50 lbs.constantly. PHYSICAL DEMANDS: C =Continuously 2/3 or more of the time F =Frequently From 1/3 to 2/3 of the time O =Occasionally Up to 1/3 of the time R =Rarely Less than 1 hour per week N =Never Never occurs Thisis a description oftheway thisjob is currentlyperformed; itdoes not address thepotentialfor accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing 0 At park sites,recreation facilities and progarms/events Sitting F Deskwork,meetings,driving Walking 0 At park sites,recreation facilities and progarms/events Lifting R Equipment and supplies Carrying R Equipment and supplies Pushing/Pulling R Equipment and supplies Reaching O Equipment and supplies Handling 0 Equipment and supplies Fine Dexterity F Computer keyboard,telephone keypad,writing Kneeling O At park sites,recreation facilities and progarms/events Crouching 0 At park sites,recreation facilities and progarms/events Crawling R At park sites,recreation facilities and progarms/events Bending O At park sites,recreation facilities and progarms/events Twisting 0 At park sites,recreation facilities and progarms/events Climbing R At park sites,recreation facilities and progarms/events Balancing R At park sites,recreation facilities and progarms/events Vision C Reading,computer work,driving Hearing c Communication with staff and customers Talking c Communication with staff and customers Foot Controls R Operating vehicles Revised 10/29/14 FOUNTAIN HILLS,ARIZONA Job Description MACHINES,TOOLS.EOUffMENT.AND WORK AIDS: ENVIRONMENTAL FACTORS: D = Daily W =Several Times Per Week M =Several Times Per Month S =Seasonally N =Never HEALTH AND SAFETY ENVHIONMENTAL FACTORS Mechanical Hazards M Extreme Temperatures S Chemical Hazards M Noise and Vibration M Electrical Hazards N Wetness/Humidity S Fire Hazards N Respiratory Hazards N Explosives N Physical Hazards N Communicable Diseases N Physical Danger or Abuse N Other (see 1 Below) (1) (2) PROTECTIVE EQUD'MENT REOUIRED: None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment Warehouse Shop Vehicle Outdoors X Recreation Center Other (see 2 Below) C =Continuously 2/3 or more of the time F =Frequently From 1/3 to 2/3 of the time O =Occasionally Up to 1/3 of the time R =Rarely Less than 1 hour per week N =Never Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations 0 Frequent Change of Tasks F Irregular Work Schedule/Overtime F Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work F Noisy/Distracting Environment F Other (see 3 below) (3) Revised 10/29/14