HomeMy WebLinkAbout110106PRevised 1/4/11
NOTICE OF THE EXECUTIVE AND
REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:30 P.M. - EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, JANUARY 6, 2011
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in
the Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk
or the Mayor. At that time, speakers should stand and approach the podium. Speakers are
asked to state their name prior to commenting and to direct their comments to the Presiding
Officer and not to individual Councilmembers. Speakers’ statements should not be
repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have
waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion
of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during
the Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time
limits may be waived by (i) discretion of the Town Manager upon request by the speaker not
less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the
Mayor either prior to or during a Meeting. Please be respectful when making your
comments. If you do not comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Vice Mayor Dennis Brown Councilmember Tait D. Elkie
Councilmember Dennis Contino Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
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EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Jay T. Schlum
1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §38-
431.03(A)(3), discussion or consultation for legal advice with the attorney or attorneys of
the public body (specifically, contract ramifications and other legal issues related to
pending referendum).
2.) ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Dr. Jim Ricketts, North Chapel
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Recognition of firefighters and staff involved in a recent life saving event at the
Community Center.
ii) Recognition of Senior Services Advisory Commissioner Bruce Florence for his
contributions.
iii) Recognition of Community Center Advisory Commissioners Leona Johnston and
Sharon Morgan for their contributions.
iv) Recognition of McDowell Mountain Preservation Commissioners Lina Bellenir and
Curt Cornum for their contributions.
v) Recognition of Parks & Recreation Commissioner Paul Kolwaite for his
contributions.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any
such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner
restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the
matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual
Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a
future Council agenda.
CONSENT AGENDA
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
December 14 and 16, 2010.
2. CONSIDERATION of PURCHASING three (3) thermal imaging cameras from First In Inc.
in the amount of $25,811.85.
3. CONSIDERATION of a TEMPORARY USE PERMIT for Sofrita Restaurant, located at
16848 Avenue of the Fountains, for repeating outdoor entertainment events for 2011. Case#
TU2010-09.
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4. CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted
by Sharon Elaine Morgan representing the Fountain Hills Chamber of Commerce located at
16837 E. Palisades Blvd., Fountain Hills, AZ for the purpose of an annual awards dinner.
Event to be held at the Community Center, scheduled to be held on Saturday, January 22,
2011, from 5:00 PM to 10:00 PM.
5. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Jeffrey Scott Lessig, Owner/Agent of Buckeye West, LLC dba Sunridge Canyon Golf Club
located at 13100 N Sunridge Drive, Fountain Hills, AZ. This is for a series 6 license (Bar
License) replacing existing license due to Ownership change.
REGULAR AGENDA
6. CONSIDERATION of calling a SPECIAL ELECTION for the purpose of submitting to the
qualified electors of the Town of Fountain Hills Referendum 2010-RF001-01 and directing the
Town Manager, the Town Clerk, and Town Attorney to prepare all materials and take all steps
necessary to ensure compliance with applicable law; and approving a budget transfer for
approximately $55,150 from the Town Manager's contingency fund to the Town Clerk's
election budget to cover anticipated associated election costs.
7. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF with regard to pursuing an
agreement with the City of Scottsdale to allow connecting trails between Scottsdale's
McDowell Sonoran Preserve with the Fountain Hills McDowell Mountain Preserve.
8. CONSIDERATION of RESOLUTION 2011-03, declaring as a public record that certain
document filed with the Town Clerk and entitled the Town of Fountain Hills Zoning
Ordinance Chapter 24 – Medical Marijuana Regulations.
9. PUBLIC HEARING to receive comments on ORDINANCE 11-04, a proposed text
amendment to the Town of Fountain Hills Zoning Ordinance, adopting Chapter 24, Medical
Marijuana Uses.
10. CONSIDERATION of ORDINANCE 11-04, a proposed text amendment to the Town of
Fountain Hills Zoning Ordinance, adopting Chapter 24, Medical Marijuana Uses.
11. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future agenda
for action or (ii) directing staff to conduct further research and report back to the Council:
A. None.
12. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Town Manager.
13. ADJOURNMENT.
DATED this 30th day of December 2010.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or
to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda
are available for review in the Clerk’s office.
Revised 1/4/11
NOTICE OF THE EXECUTIVE AND
REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:30 P.M. - EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, JANUARY 6, 2011
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in
the Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk
or the Mayor. At that time, speakers should stand and approach the podium. Speakers are
asked to state their name prior to commenting and to direct their comments to the Presiding
Officer and not to individual Councilmembers. Speakers’ statements should not be
repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have
waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion
of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during
the Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time
limits may be waived by (i) discretion of the Town Manager upon request by the speaker not
less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the
Mayor either prior to or during a Meeting. Please be respectful when making your
comments. If you do not comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Vice Mayor Dennis Brown Councilmember Tait D. Elkie
Councilmember Dennis Contino Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
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EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Jay T. Schlum
1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §38-
431.03(A)(3), discussion or consultation for legal advice with the attorney or attorneys of
the public body (specifically, contract ramifications and other legal issues related to
pending referendum).
2.) ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Dr. Jim Ricketts, North Chapel
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Recognition of firefighters and staff involved in a recent life saving event at the
Community Center.
ii) Recognition of Senior Services Advisory Commissioner Bruce Florence for his
contributions.
iii) Recognition of Community Center Advisory Commissioners Leona Johnston and
Sharon Morgan for their contributions.
iv) Recognition of McDowell Mountain Preservation Commissioners Lina Bellenir and
Curt Cornum for their contributions.
v) Recognition of Parks & Recreation Commissioner Paul Kolwaite for his
contributions.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any
such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner
restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the
matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual
Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a
future Council agenda.
CONSENT AGENDA
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
December 14 and 16, 2010.
2. CONSIDERATION of PURCHASING three (3) thermal imaging cameras from First In Inc.
in the amount of $25,811.85.
3. CONSIDERATION of a TEMPORARY USE PERMIT for Sofrita Restaurant, located at
16848 Avenue of the Fountains, for repeating outdoor entertainment events for 2011. Case#
TU2010-09.
Z:\Council Packets\2011\R1-6-11\110106A.docx Last printed 1/4/2011 8:48 AM Page 3 of 3
4. CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted
by Sharon Elaine Morgan representing the Fountain Hills Chamber of Commerce located at
16837 E. Palisades Blvd., Fountain Hills, AZ for the purpose of an annual awards dinner.
Event to be held at the Community Center, scheduled to be held on Saturday, January 22,
2011, from 5:00 PM to 10:00 PM.
5. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Jeffrey Scott Lessig, Owner/Agent of Buckeye West, LLC dba Sunridge Canyon Golf Club
located at 13100 N Sunridge Drive, Fountain Hills, AZ. This is for a series 6 license (Bar
License) replacing existing license due to Ownership change.
REGULAR AGENDA
6. CONSIDERATION of calling a SPECIAL ELECTION for the purpose of submitting to the
qualified electors of the Town of Fountain Hills Referendum 2010-RF001-01 and directing the
Town Manager, the Town Clerk, and Town Attorney to prepare all materials and take all steps
necessary to ensure compliance with applicable law; and approving a budget transfer for
approximately $55,150 from the Town Manager's contingency fund to the Town Clerk's
election budget to cover anticipated associated election costs.
7. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF with regard to pursuing an
agreement with the City of Scottsdale to allow connecting trails between Scottsdale's
McDowell Sonoran Preserve with the Fountain Hills McDowell Mountain Preserve.
8. CONSIDERATION of RESOLUTION 2011-03, declaring as a public record that certain
document filed with the Town Clerk and entitled the Town of Fountain Hills Zoning
Ordinance Chapter 24 – Medical Marijuana Regulations.
9. PUBLIC HEARING to receive comments on ORDINANCE 11-04, a proposed text
amendment to the Town of Fountain Hills Zoning Ordinance, adopting Chapter 24, Medical
Marijuana Uses.
10. CONSIDERATION of ORDINANCE 11-04, a proposed text amendment to the Town of
Fountain Hills Zoning Ordinance, adopting Chapter 24, Medical Marijuana Uses.
11. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future agenda
for action or (ii) directing staff to conduct further research and report back to the Council:
A. None.
12. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Town Manager.
13. ADJOURNMENT.
DATED this 30th day of December 2010.
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.
1375116.1
PURCHASE AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FIRST IN, INC.
THIS PURCHASE AGREEMENT (this “Agreement”) is entered into as of January 6,
2011, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and
First In, Inc., an Arizona corporation (“Contractor”).
RECITALS
A. After a competitive procurement process, the City of Peoria, Arizona, entered into
Contract No. ACON 07107C, dated February 17, 2007, with the Contractor for thermal imaging
cameras and warranty services (the “Peoria Contract”). The Peoria Contract is attached hereto as
Exhibit A and incorporated herein by reference.
B. The Town is permitted pursuant to Section 25-24 of the Town Code to make
purchases under the Peoria Contract without further public bidding, and the Peoria Contract
permits its cooperative use by other public entities including the Town.
C. The Town desires to purchase thermal imaging cameras and warranty services
(the “Materials and Services”) from the Contractor under the terms and conditions of the Peoria
Contract for a lower cost than would otherwise be available.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, the following mutual covenants and conditions, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and the
Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set
forth above and shall remain in full force and effect until February 16, 2011.
2. Scope of Work. Contractor shall provide the Materials and Services under the
terms and conditions of the Peoria Contract, and as set forth in the Quotation, attached hereto as
Exhibit B and incorporated herein by reference.
3. Compensation. The Town shall pay Contractor a total amount not to exceed
$25,811.85 for the Materials and Services as more particularly set forth in the Quotation,
attached hereto as Exhibit B.
4. Payments. The Town shall pay the Contractor based upon materials delivered and
work performed to date, and upon submission and approval of invoices. All invoices shall
document and itemize all work completed to date. The invoice statement shall include a record
of time expended and work performed in sufficient detail to justify payment.
1375116.1
2
5. Records and Audit Rights. Contractor’s and its subcontractor’s books, records,
correspondence, accounting procedures and practices, and any other supporting evidence relating
to this Agreement, including the papers of any Contractor and its subcontractors’ employees who
perform any work or services pursuant to the Agreement to ensure that the Contractor and its
subcontractors are complying with the warranty under Section 6 below (all the foregoing
hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit (a) evaluation and verification of any invoices, payments or claims based on Contractor’s
and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations)
incurred, or units expended directly in the performance of work under the Agreement and (b)
evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer
sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit
Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to
keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended, the Town shall have access to said Records, even if located at
its subcontractors’ facilities, from the effective date of the Agreement for the duration of the
work and until three years after the date of final payment by the Town to Contractor pursuant to
the Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to the Agreement.
6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-
4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify
requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractor’s failure to
comply with such warranty shall be deemed a material breach of the Agreement and may result
in the termination of the Agreement by the Town.
7. Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35-391.06 and
35-393.06, the Contractor certifies that it does not have scrutinized business operations in Sudan
or Iran. For the purpose of this subsection the term “scrutinized business operations” shall have
the meanings set forth in ARIZ. REV. STAT. § 35-391 or 35-393, as applicable. If the Town
determines that the Contractor submitted a false certification, the Town may impose remedies as
provided by law including terminating this Agreement.
8. Conflict of Interest. This Agreement may be cancelled by the Town pursuant to
ARIZ. REV. STAT. § 38-511.
9. Applicable Law; Venue. In the performance of this Agreement, Contractor shall
abide by and conform to any and all laws of the United States, State of Arizona and Town of
Fountain Hills, including but not limited to, federal and state executive orders providing for
equal employment and procurement opportunities, the Federal Occupational Safety and Health
Act and any other federal or state laws applicable to this Agreement. This Agreement shall be
1375116.1
EXHIBIT A
TO
PURCHASE AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FIRST IN, INC.
[Peoria Contract]
See following pages.
1375116.1
EXHIBIT B
TO
PURCHASE AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FIRST IN, INC.
[Quotation]
See following page.
TODAY'S DATE:Fire Equipment Sales & ServiceSALESMAN:04Fountain Hills AZZIP:85268(480) 816-5114LINE QTYUNIT PRICE EXT'D PRICE13$7,998.9523,996.85$ 2 3 4 5 6 7 83$500.001,500.00$ 9 1011 12-$ Sub-Total $25,496.85Tax @ 9.3% EXEMPTFreight $315.00CUSTOMER NUMBER:17201QUOTATION EXPIRES:30 DAYSLEAD TIME:60 DAYS, AROSHIPPING:DEPARTMENT/COMPANY:TBD90-day warranty* Purchase order must be made out to ISG/INFRASYSSCOTT KRUEGER, INSIDE SALES REPRESENTATIVE - {Ext. 205} email: scottk@firstininc.comNOTES: *** QUOTATION *** QUOTATION *** QUOTATION *** QUOTATION ***THANK-YOU FOR CHOOSING FIRST INFOR QUESTIONS OR TO ORDER THIS QUOTE PLEASE CONTACT:** THIS IS PIGGYBACK PRICING OFF THE PEORIA CONTRACT #ACON07107 ** December 7, 2010TOTAL $25,811.85Package includes: (2) ea 5-HR batteries, AA clamshell adapter,pistol grip handle, rectractable lanyard, & carrying case, BFLFast Attack Truck Mount Charger90-day warranty on all accessories listed 83-0001ISG K-1000 XR Thermal Imaging Camera (2-year warranty)ISG 631005MANUFACTURERCITY:STATE:DESCRIPTIONPART #SHIP POINTrroberts@fh.az.gov* Optional 1-year Extended Warranty available at $1100 per camera (not shown in total)REFER TO THIS NUMBER ON YOUR PURCHASE ORDERQUOTE #21432 N. Central Ave.812SKFIRST IN, INC.Phoenix, AZ 85024(623) 780-8998 FAX (623) 780-9599(800) 352-4266PHONE:EMAIL:FOUNTAIN HILLS FIRE DEPT.RANDY ROBERTS, Asst ChiefADDRESS:CONTACT:
Redacted
Redacted
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Page 1 of 3
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 1/6/2011
Meeting Type: Regular Session
Agenda Type: Regular
Submitting Department: Administration
Staff Contact Information: Bevelyn J. Bender, Town Clerk; 480-816-5115; bbender@fh.az.gov
Strategic Priority: Civic Responsibility
Council Goal: Provide Citizens Opportunities to Improve Lives
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of calling a SPECIAL ELECTION for the purpose of
submitting to the qualified electors of the Town of Fountain Hills Referendum 2010-RF001-01 and directing the Town
Manager, the Town Clerk, and Town Attorney to prepare all materials and take all steps necessary to ensure compliance
with applicable law; and approve a budget transfer in the amount of $55,150 from the Manager's contingency fund to the
Town Clerk's election budget to cover anticipated associated election costs.
Applicant: NA
Applicant Contact Information: NA
Property Location: NA
Related Ordinance, Policy or Guiding Principle: The Constitution; A.R.S Title 19; Town Code Chapter 2,
Section 2-6
Staff Summary (background): Referendum Petitions (2010-RF001-01) were reviewed by the Town Clerk and the Maricopa County
Recorder as required by A.R.S. §19 -121. Based on the random sample verifications of Referendum Petition 2010 -RF001-01, it was
determined that the number of signatures were adequate to place the refe rred measures on the ballot.
Therefore, this item has been placed on the Council's agenda for presentation of the Clerk's certification and the Council's
determination as to when the referred measure is to be placed on the ballot as per the Fountain Hills Town Code, Chapter 2, Article 2-
6 (C-E):
C. Upon presentation of a certificate to the Council by the town clerk that all steps required by the constitution and the state statutes,
concerning referendum have been complied with, the Council may call a Special Election on the matter referred no less than 90-days and no more
than 150-days from the presentation of the certificate by the Clerk, provided that within that period of time there is no regularly sc heduled Town
Primary or General Election for which the referendum matter would otherwise qualify.
D. The call of a Special Election for referendum matters shall be valid only upon the affirmative vote of four members of the Co uncil voting on
said request and call. Should the required number of votes to call the Special Election not be obtained, then the referendum matter would appear on
the next regular Town primary or general election.
E. If a Special Election on a referendum matter is called by the Council, then in addition to all other notices required by law, the clerk shall
notify the person or organization that requested the referendum petition of the Council decision by first class mail, postage prepared at the address
shown upon the request for referendum petition number.
Election Date options:
The Town's regular election cycle is the Spring Election (March/May) and the Town's next General Election date would be May 17,
2011. This date would fall within the 90 to 150-day timeframe as allowed by law to hold a Special Election as stated above (Town
Page 2 of 3
Code, Chapter 2, Article 2-6, C); the Special Election date range is: April 6th (90 days prior to January 6th) and June 5 (150 days after
January 6th).
Alternatively, the Town’s next Regular Elections would be held in March 2012 (Council Primary Election) and May 2012 (Run-off
General Election).
Notification and Ballot Language Requirements:
The Maricopa County Recorder Elections Division requires written notification of items to be placed on the ballot 120-days prior to
the Election, which would be January 17, 2011, for a May 17, 2011 Special Election; therefore the item has been placed on this
agenda to allow for the required notification to take place.
Ballot language is required to be submitted to the Maricopa County Recorder Elections Division no later than 105-days prior to the
Election. Therefore, to place a question on the May 17, 2011 General Election ballot, language must be submitted to the County by
February 1, 2011.
The Town’s next regular elections (Mayor/Council elections) would be held in March and May of 2012, with the same applicable 120
day and 105 day notifications requirements to the Maricopa County Recorder Elections Division.
Estimated Election Costs:
Each election cost estimate begins with the election service cost from the County (whether it's on a consolidated or shared ballot or a
stand-alone/ground municipal election or all mail ballot election) and then increases with the cost for required publication of the
election and pro/con argument notices, Spanish translation costs of those notices, preparation and mailing of a publicity pamphlet (if
required).
Therefore, if the Town were to hold a Special Election on May 17, 2011, the Maricopa County Election Division's services charge
would be computed as follows: $1.37 per active registered voter (as of 12/10/10 that number was 16,057) plus $2.12 per each early
mail ballot request as this would be a stand-alone (ground) municipal election and not a consolidated ballot election, which would be
calculated at a lower rate. As of 12/10/10, the number of voters on the permanent early voting list [PEVL] was 8,185; however this
number would not include any one-time early ballot requests, which remains an unknown factor at this time.
The Maricopa County Election Division's services charges as computed below are an estimate using the data available as of 12/10/10.
However it is important to remember that the actual hard cost is calculated on the total number of registered voters at the close of voter
registration for that election, the total number of one-time early mail ballots mailed to voters by the deadline, as well as the number of
ballots sent to voters who are on the permanent early voting list (PEVL). Therefore, a 5% escalator factor was added to the voter
information available as of 12/10/10 for calculation purposes. Additional costs are estimated at $13,700, which would include costs
for such items as publication and Spanish translation of the Election Notice and the Pro/Con Argument Notice ($1,450), and the
preparation and mailing of the Publicity Pamphlet ($12,250), for a total estimated cost of $54,949.64 (without associated legal costs).
Estimated cost for a May 17, 2011 Special Election (stand-alone/ground):
NUMBERS as of December 10, 2010 + 5% increase:
Active Registered Voters [16,057].
Permanent Early Voters List (PEVL) [8,154]
MUNICIPAL ELECTION
Total Active Registered Voters
+ Early Mail ballot requests +
PEVL
Active Registered Voters fee [16,057 + 5%=16,860] @ $1.37 ea. $23,098.20
Early Mail Ballot Requests [1 time requests] @$2.12 ea unknown
PEVL Requests [8,154+5%=8,562] @ $2.12 ea. $18,151.44
Estimated Additional cost as stated above $13,700.00
Total estimated cost $54,949.64
For informational purposes:
If the May 17, 2011 Special Election were conducted as an all mail ballot election and utilizing the same data from
above, the Maricopa County Recroder Election Division's service costs would be calculated at $2.12 per active
registered voter (16,860 x $2.12 = $35,743.20). However, the estimated additional costs as referenced above would still
be required ($13,700); therefore, the estimated cost for the May 17, 2011 as an "all mail ballot election" would be
approximately $49,443.20 without associated legal costs, which would result in a savings of about $5,506.44 over a
stand alone/ground municipal election .
A Town Code amendment would be required to allow the Town to hold "all mail ballot" elections; the ordinance would
become effective 30 days after the Council's approval. The option of a Town Mail Ballot Election was discussed at the
Bev Bender, Town Clerk
January 6, 2011
Referendum Election
Referendum Petitions (2010-RF001-01) were filed in the
Clerk’s office on 12/7/10 regarding Ordinance 10-08,
which was adopted by the Council on 11/4/10
The petition review was completed by the Town Clerk
and the Maricopa County Recorder as required by law
Signatures were adequate in number to place the
referred measure on the ballot
Next step,the Council determines when the Election
will be held
Election Date Options
May 2011 vs. March 2012 or May 2012
Fountain Hills Town Code, Chapter 2, Article 2-6 (C-D):
C.Upon presentation of a certificate to the Council by the town clerk that all
steps required by the constitution and the state statutes,concerning referendum
have been complied with,the Council may call a Special Election on the
matter referred no less than 90-days and no more than 150-days from the
presentation of the certificate by the Clerk,provided that within that
period of time there is no regularly scheduled Town Primary or General
Election for which the referendum matter would otherwise qualify.
D.The call of a Special Election for referendum matters shall be valid only
upon the affirmative vote of four members of the Council voting on said request
and call.Should the required number of votes to call the Special Election
not be obtained,then the referendum matter would appear on the next
regular Town primary or general election.
Election Date Options (continued)
The Town's regular election cycle is the Spring Election
(March/May)
The Special Election date range per Town Code,Chapter 2,
Article 2-6 (C):April 6 to June 5,2011 (no less than 90 days and
no more than 150 days from the January 6th presentation of the
certificate by the Clerk)
May 17 ,2011 is the next Election that falls within the allowed
timeframe for a Special Election
Alternatively,the Town’s next Regular Elections would be
held in March of 2012 (Council Primary Election)and May
of 2012 (Possible Run-off General Election)
Maricopa County Elections
Notification Requirements
The County requires written notification 120-days
prior to the date of the Election
May 17,2011 Special Election –notification deadline:
January 17,2011
Ballot language is required to be submitted no later than 105-
days prior to the Election:February 2,2011
The Town’s next regular elections (Mayor/Council
elections)held in March and May of 2012
The same 120-day and 105-day notification requirements
apply
Estimated Election Costs
Election Procedure
Ground Election –
Secure ballot box located at Town Hall so that voters may deposit their
voted mail ballots on-site,if the preference is not to return their voted
mail ballot to Maricopa County Elections via the US mail service
Mail ballots would be picked up on a regular basis by Maricopa
County personnel and transported to the County’s Tabulation
Center for processing
Utilize the County’s three recorder office locations (1-in Mesa and 2-
in Phoenix)for those voters who choose to cast an early ballot on-
site during the early voting period
Fountain Hills polling sites would be open from 6 a.m.to 7 p.m.on
Election Day
Mail Ballot Election –
Provide a ballot box as an alternative option for those voters who wish
to return their ballots in person rather than via the US mail service
Summary
In addition to determining when the election is to be
held,staff is requesting that the Council approve a
budget transfer from the Town Manager’s contingency
fund to the Clerk’s election budget for the estimated
cost of the election as this was not a budgeted item
Questions?
2010-RF001-01
The Fountain Hills Citizens for Responsive Government
Ordinance 10-08
=
Less signatures on petitions containing a defective circulator's affidavit 0
Less signatures found ineligible by the County Recorder (Random Sample)2
Subtotal times 0.0426 =40
verification --
________________________________________
Bevelyn J. Bender, Town Clerk
Town of Fountain Hills, Arizona
[Total valid signatures divided by Minimum Signature Requirement (454)]197.1%
40
TOTAL VALID SIGNATURES 895
TOTAL PERCENTAGE OF VALID SIGNATURES
Multiply Random sample Invalidity Rate by
Number of Eligible Signatures to Determine like number
Subtract the resulting number from number of signatures eligible for
Remaining number of signatures eligible for Verification 935
935
2 divided by 47 4.26%
Number of signatures eligible for Verification 937
2010-RF001-01
TOWN OF FOUNTAIN HILLS CLERK'S OFFICE
CALCULATION - A.R.S. § 19-121.04(A)
Determination of Valid Signatures
Total Invalid Random Signatures divided by Total Random Signatures
Random Sample Validity Rate
1
2010-RF001-01
The Fountain Hills Citizens for Responsive Government
Ordinance 10-08
454 95%432 105%477
1024
6
64
23
87
70
937
47
________________________________________
Bevelyn J. Bender, Town Clerk
Town of Fountain Hills, Arizona
2010-RF001-01
According to A.R.S. §§ 19-121.01(A)(1) & 19-102(C)
TOWN OF FOUNTAIN HILLS CLERK'S OFFICE
DETERMINATION OF VALID SIGNATURES
INITIATIVE AND REFERENDUM PETITIONS
Number of Signatures on those sheets
Number of Signatures Removed by the Town Clerk's Office
5% of that Number
Minimum Signature Requirement
Number of Signatures Submitted to Town Clerk's Office
Number of Petition Sheets Removed by the Town Clerk's Office
According to A.R.S. §19-121.01(A)(2)(3)
Total Signatures Removed by the Town Clerk's Office
Number of Petition Sheets that Contain Signatures Eligible for Verification
Number of Signatures Eligible for Verification:
2
Recap of the Signatures Removed by Town Clerk
PAC: (2010-RF001) The Fountain Hills Citizens for Responsive Government
Referendum Petition #: 2010-RF001-01/Filed 12-7-10: 1,024 signatures/76 petition sheets
Ordinance 10-08
Name(s)Page #Line(s)Reason Additional Information Number of
Signature(s)
removed
Susan Turney 2 1 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Cynthia Bonomolo 1
Terezina Clarkson 2 2 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Cynthia Bonomolo 1
Barbara Hancock 2 3 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Cynthia Bonomolo 1
Jamie Allen 2 4 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Cynthia Bonomolo 1
Jimmy Allen 2 5 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Cynthia Bonomolo 1
Chris Washkevich 2 7 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Cynthia Bonomolo 1
Florence Wilt 2 8 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Cynthia Bonomolo 1
Bertha Eldred 2 9 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Cynthia Bonomolo 1
Bruce Opal 2 10 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Cynthia Bonomolo 1
Peggy Ridgley 2 11 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Cynthia Bonomolo 1
Risa Sorensen 2 14 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Cynthia Bonomolo 1
Patricia Corbin 2 15 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Cynthia Bonomolo 1
Multiple 3 all Pulled sheet as circulator affidavit not completed County missing on circulator affidavit; Notary:
Anwar Jan
10
Wm. Anderson 4 1 Pulled sheet as there was no notary stamp affixed on
the circulator affidavit
Notary: Lina Bellenir 1
Multiple 6 all Pulled sheet as there was no notary stamp affixed on
the circulator affidavit
Notary: Lina Bellenir 14
E:\Clerk\ELECTION\The Fountain Hills Citizens for Responsive Government Referendum 2010-RF001-01\Recap of signatures removed by the Town Clerk2010-RF001-01 1 of 2
Recap of the Signatures Removed by Town Clerk
PAC: (2010-RF001) The Fountain Hills Citizens for Responsive Government
Referendum Petition #: 2010-RF001-01/Filed 12-7-10: 1,024 signatures/76 petition sheets
Ordinance 10-08
Name(s)Page #Line(s)Reason Additional Information Number of
Signature(s)
removed
Multiple 7 all Pulled sheet as there was no notary stamp affixed on
the circulator affidavit
Notary: Lina Bellenir 9
Susan Phillips 26 1 Date signed incorrect Date signed listed (10-14-10) prior to filing date of
the PAC's Statement of Organization
1
Deborah Summers 26 2 Date signed incorrect Date signed listed (10-14-10) prior to filing date of
the PAC's Statement of Organization
1
Leanne Reynolds 67 15 Date signed incorrect Date signed listed (12-12-10) after the circulator
affidavit notarized date of 12/2/10
1
Dennis Reed 68 2 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Dennis Reed 1
Christopher Reed 68 3 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Dennis Reed 1
Matthew Reed 68 4 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Dennis Reed 1
Elizabeth Bates 68 5 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Dennis Reed 1
Karyn Nelson 68 6 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Dennis Reed 1
Elsie Gohl 68 8 Columns: zip code, town and date signed columns/§19-
121.01.A.1.g
Circulator: Dennis Reed 1
Frances Dwyer 69 11 Date signed missing 1
Katherine Bauer 73 11 Address listed not within the Town's boundaries Fort McDowell, AZ 1
Multiple 74 all Incorrect referendum petition number listed on the
front of the petition
Missing a digit - S/B: 2010-RF001-01 and listed as
2010-RF00-01
15
Multiple 75 all Incorrect referendum petition number listed on the
front of the petition
Missing a digit - S/B: 2010-RF001-01 and listed as
2010-RF00-01
15
Total signatures removed through the Clerk's review process 87
Total number of sheets submitted 76 Total signatures submitted 1024
Total # of sheets removed -6 Less signatures removed -87
Total number of sheets
remaining
70 Total number of signatures eligible for verification
by the Maricopa County Recorder 937
E:\Clerk\ELECTION\The Fountain Hills Citizens for Responsive Government Referendum 2010-RF001-01\Recap of signatures removed by the Town Clerk2010-RF001-01 2 of 2
1379527.1
RESOLUTION NO. 2011-03
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT
CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED
THE “TOWN OF FOUNTAIN HILLS MEDICAL MARIJUANA
REGULATIONS.”
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That certain document entitled the “Town of Fountain Hills Medical
Marijuana Regulations” of which three copies are on file in the office of the Town Clerk and
open for public inspection during normal business hours, is hereby declared to be a public
record, and said copies are ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, January 6, 2011.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney
1379521.2
TOWN OF FOUNTAIN HILLS
MEDICAL MARIJUANA
REGULATIONS
1379521.2
CHAPTER 24
MEDICAL MARIJUANA USES
Sections:
24.01 Definitions
24.02 Location Restrictions
24.03 Requirements
Section 24.01 Definitions
“Medical marijuana” means “marijuana” for “medical use” as those terms are defined in ARIZ.
REV. STAT. § 36-2801.
“Medical marijuana dispensary” means a nonprofit medical marijuana dispensary (as defined in
ARIZ. REV. STAT. § 36-2801) duly registered and certified pursuant to ARIZ. REV. STAT. § 36-
2804.
“Medical marijuana cultivation location” means any of the following: (A) a medical marijuana
dispensary at which cultivation occurs for sale at that medical marijuana dispensary, (B) the one
additional location, if any, duly identified pursuant to ARIZ. REV. STAT. § 36-2806(E) during the
process of registering a medical marijuana dispensary, where marijuana will be cultivated for
sale at a medical marijuana dispensary, (C) any location identified pursuant to ARIZ. REV. STAT.
§ 36-2804.02(A)(3)(f) for cultivation of medical marijuana by a designated caregiver or
qualifying patient (as defined in ARIZ. REV. STAT. § 36-2801, as amended) for a qualifying
patient’s medical use or (D) a facility that incorporates or processes medical marijuana into a
consumable or edible product.
Section 24.02 Location Restrictions
A. Medical marijuana dispensaries or medical marijuana cultivation locations are prohibited
from being established, operated or licensed in any Town of Fountain Hills zoning
district other than C-3.
B. Medical marijuana dispensaries and medical marijuana cultivation locations shall meet
the following minimum separation requirements, measured in a straight line from the
closest boundary of the parcel containing the medical marijuana dispensary or medical
marijuana cultivation location to the closest property boundary of the parcel containing
any existing uses listed below:
1. 2,000 feet from any other medical marijuana dispensary or medical marijuana
cultivation location.
2. 2,000 feet from a residential substance abuse diagnostic and treatment facility or
other residential drug or alcohol rehabilitation facility.
1379521.2 2
3. 2,000 feet from a public, private, parochial, charter, dramatic, dancing or music
school, a learning center, or other similar school or educational or entertainment
facility that caters to children.
4. 2,000 feet from a childcare center or registered residential child care facility.
5. 1,000 feet from a public library.
6. 500 feet from a park.
7. 2,000 feet from a church or place of worship.
C. A medical marijuana cultivation location not associated with an Arizona medical
marijuana dispensary is prohibited, and only one medical marijuana cultivation location
shall be permitted for the single Arizona medical marijuana dispensary with which it is
associated.
D. The following size limitations shall apply to any medical marijuana dispensary:
1. The total maximum floor area of a medical marijuana dispensary shall not exceed
2,500 square feet.
2. The secure storage area for the medical marijuana stored at the medical marijuana
dispensary shall not exceed 500 square feet of the total 2,500 square foot
maximum floor area of a medical marijuana dispensary.
E. The following size limitations shall apply to any medical marijuana cultivation location
associated with a medical marijuana dispensary:
1. The total maximum floor area of a medical marijuana cultivation location shall
not exceed 3,000 square feet.
2. The secure storage area for the medical marijuana stored at the medical marijuana
cultivation location shall not exceed 1,000 square feet of the 3,000 square feet
total maximum floor area of a medical marijuana cultivation location.
3. For a medical marijuana dispensary that also is a medical marijuana cultivation
location, the total maximum floor area that may also be used for cultivation and
incorporation or processing of the medical marijuana into consumable or edible
products inclusive of any secure storage area, shall not exceed 3,000 square feet.
The secure storage area for the medical marijuana stored at a medical marijuana
dispensary that also is a cultivation location shall not exceed 1,500 square feet.
F. The following size limitations shall apply to any medical marijuana cultivation location
associated with a qualified patient or designated caregiver:
1379521.2 3
1. All conditions and restrictions for medical marijuana cultivation locations apply
except that the designated caregiver cultivation location cultivation area is limited
to a total 250 square feet maximum, including any storage areas.
2. More than one designated caregiver may not co-locate cultivation locations.
Section 24.03 Requirements
The following minimum requirements shall apply to all “medical marijuana dispensary” and
“medical marijuana cultivation location” uses located in the zoning district where such uses are
permitted:
A. In addition to any other application requirements, an applicant for any medical marijuana
dispensary or medical marijuana cultivation location shall provide the following:
1. A notarized authorization, executed by the property owner, acknowledging and
consenting to the proposed use of the property as a medical marijuana dispensary
or a medical marijuana cultivation location.
2. The legal name of the medical marijuana dispensary or medical marijuana
cultivation location.
3. If the application is for a medical marijuana cultivation location, the name and
location of the medical marijuana dispensary with which it is associated or, in the
case of designated caregivers or qualifying patients, the names of the qualifying
patients for which the medical marijuana is being cultivated.
4. The name, address and birth date of each officer and board member of the
nonprofit medical marijuana dispensary agent.
5. The name, address, birth date and valid registry identification card number of (a)
each medical marijuana dispensary agent if the application is related to a medical
marijuana dispensary or a related medical marijuana cultivation location and (b)
each designated caregiver and qualifying patient if the application is related to a
medical marijuana cultivation location associated with such qualifying patient and
designated caregiver.
6. A copy of the operating procedures adopted in compliance with ARIZ. REV. STAT.
§ 36-2804(B)(1)(c).
7. A notarized certification that none of the medical marijuana dispensary officers or
board members has been convicted of any of the following offenses:
a. A violent crime, as defined in ARIZ. REV. STAT. § 13-901.03(B), that was
classified as a felony in the jurisdiction where the person was convicted.
1379521.2 4
b. A violation of state or federal controlled substance law that was classified
as a felony in the jurisdiction where the person was convicted except an
offense for which the sentence, including any term of probation,
incarceration or supervised release, was completed ten or more years
earlier or an offense involving conduct that would be immune from arrest,
prosecution or penalty under ARIZ. REV. STAT. § 36-2811 except that the
conduct occurred before the effective date of that statute or was
prosecuted by an authority other than the state of Arizona.
8. A notarized certification that none of the medical marijuana dispensary officers or
board members has served as an officer or board member for a medical marijuana
dispensary that has had its registration certificate revoked.
9. A floor plan showing the location, dimensions and type of security measures
demonstrating that the medial marijuana dispensary or medical marijuana
cultivation location will be secured, enclosed and locked as required by law.
10. A scale drawing depicting the property lines and the separations from the nearest
property boundary of the parcel containing the medical marijuana dispensary or
medical marijuana cultivation location to the property boundary of the parcel
containing any existing uses listed in subsection 24.02(B) above. If any of the
uses are located within 50 feet of the minimum separation, the drawing, showing
actual surveyed separations, shall be prepared by a registered land surveyor.
B. A medical marijuana dispensary shall have operating hours not earlier than 9:00 a.m. and
not later than 5:00 p.m., Monday through Friday.
C. A medical marijuana dispensary or medical marijuana cultivation location shall:
1. Be located in a permanent building and may not be located in a trailer, cargo
container, mobile or modular unit, mobile home, recreational vehicle or other
mobile vehicle.
2. Not have drive-through service.
3. Not emit dust, fumes, vapors or odors into the environment.
4. Not provide offsite delivery of medical marijuana.
5. Prohibit consumption of marijuana on the premises.
6. Not have outdoor seating areas, but shall have adequate indoor seating to prevent
outside loitering.
1379521.2 5
7. Display a current Town of Fountain Hills business license and a State of Arizona
tax identification number.
8. Install lighting to illuminate the exterior and interior of the building and all
entrances and exits to the facility. Exterior lighting shall be five foot candles,
measured at ground level, and shall remain on during all hours between sunset and
sunrise each day. Twenty-four (24) hours each day, the medical marijuana
dispensary or medical marijuana cultivation location shall illuminate the entire
interior of the building, with particular emphasis on the locations of any counter,
safe, storage area and any location where people are prone to congregate. The
lighting must be of sufficient brightness to ensure that the interior is readily
visible from the exterior of the building from a distance of one hundred (100) feet.
9. Provide security guards at the main entrances and exits during all hours of
operation. For the purposes of this Chapter, “security guard” shall mean licensed
and duly bonded security personnel registered pursuant to ARIZ. REV. STAT. § 32-
2601 et seq. Prior to opening for business, the medical marijuana dispensary or
medical marijuana cultivation location shall provide all property owners within a
500 foot radius of the medical marijuana dispensary or medical marijuana
cultivation location with written modification via first class U.S. Mail of the
security company responsible for providing its security services.
10. If determined necessary by the Town Manager at any time, medical marijuana
dispensaries or medical marijuana cultivation locations shall provide a
neighborhood security guard patrol for a five hundred foot radius surrounding the
medical marijuana dispensary during all or specified hours of operation.
11. Have an exterior appearance compatible with commercial structures already
constructed or under construction within the immediate neighborhood to insure
against blight, deterioration, or substantial diminishment or impairment of
property values in the vicinity.
12. Allow unrestricted access by Town code enforcement officers, Maricopa County
Sheriff’s Department Deputies or other agents or employees of the Town
requesting admission for the purpose of determining compliance with these
standards.
13. Not display signs, or any other advertising matter used in connection with the
medical marijuana dispensary or medical marijuana cultivation of any offensive
nature and such signs shall in no way be contrary to the Town code, or obstruct
the view of the interior of the premises viewed from the outside.
14. Comply with all other applicable property development and design standards of
the Town of Fountain Hills.
1379521.2 6
D. To ensure that the operations of medical marijuana dispensaries are in compliance with
Arizona law and to mitigate the adverse secondary effects from operations of
dispensaries, medical marijuana dispensaries shall operate in compliance with the
following standards:
1. No doctor shall issue a written certification on-site for medical marijuana.
2. There shall be no on-site sales of alcohol, tobacco or food, and no on-site
consumption of food, alcohol, tobacco or medical marijuana.
3. Medical marijuana dispensaries shall only dispense medical marijuana to qualified
patients and their designated caregivers as defined in ARIZ. REV. STAT. § 36-2801
et seq.
4. Medical marijuana dispensaries shall notify patrons of the following verbally and
through posting of a sign in a conspicuous location at the medical marijuana
dispensary:
a. Use of medical marijuana shall be limited to the patient identified on the
doctor’s written certification. Secondary sale, barter or distribution of
medical marijuana is a crime and can lead to arrest.
b. Patrons must immediately leave the site and not consume medical
marijuana until at home or in an equivalent private location. Medical
marijuana dispensary staff shall monitor the site and vicinity to ensure
compliance.
5. Medical marijuana dispensaries shall not provide marijuana to any individual in
an amount not consistent with personal medical use or in violation of state law
and regulations related to medical marijuana use.
6. Medical marijuana dispensaries shall not store more than two hundred dollars
($200.00) in cash overnight on the premises.
7. Any qualified patient under eighteen (18) years of age shall be accompanied by a
parent or legal guardian. Except for such parent or legal guardian, no persons
other that qualified patients and designated caregivers shall be permitted within a
medical marijuana dispensary premises.
8. Medical marijuana dispensaries shall provide law enforcement and all interested
neighbors with the name and phone number of an on-site community relations
staff person to notify if there are operational problems with the establishment.
1369170.3
ORDINANCE NO. 11-04
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE RELATED TO ADOPTING REASONABLE
REGULATIONS WITH RESPECT TO THE USE OF LAND FOR MEDICAL
MARIJUANA DISPENSARIES AND RELATED USES.
WHEREAS, Proposition 203, the Arizona Medical Marijuana Act (the “Act”), appeared
on the November 2, 2010, statewide ballot and, as approved by the voters, provides for certain
medical marijuana use, sale and cultivation, to include the establishment of medical marijuana
dispensaries in the State of Arizona; and
WHEREAS, the Federal Controlled Substances Act and applicable regulations classify
marijuana as a “Schedule I” drug and consequently prohibit its use in any manner, with
exceptions only for research purposes; and
WHEREAS, the Federal Food and Drug Administration (the “FDA”) continues to
support the placement of marijuana as a “Schedule I” controlled substance with no currently
accepted medical use in the United States; and
WHEREAS, past evaluation by federal agencies including the FDA, the Substance
Abuse and Mental Health Service Administration (“SAMHSA”) and the National Institute for
Drug Abuse (“NIDA”) have concluded that no sound scientific studies support medical use of
marijuana for treatment in the United States; and
WHEREAS, the FDA, as the federal agency responsible for reviewing the safety and
efficacy of drugs, the DEA, as the federal agency charged with enforcing the Controlled
Substances Act and the Office of National Drug Control Policy, as the federal coordinator of
drug control policy, do not support the use of smoked marijuana for medical purposes; and
WHEREAS, evaluation of several California cities’ experiences with medical marijuana
dispensaries and the opinion of the California Police Chiefs’ Association have indicated negative
secondary neighborhood affects associated with the operation of medical marijuana dispensaries
including: (i) illegal drug sales at a price less than dispensary prices, to dispensary patrons;
(ii) marijuana use in and around dispensaries; (iii) non-residents being attracted to the
community to secure marijuana; (iv) DUI arrests related to marijuana purchased at dispensaries;
(v) burglaries of dispensaries; (vi) drug dealers posing as medical marijuana users to purchase
and resell marijuana illegally; (vii) robbery of medical marijuana patrons; (viii) thefts in and
around dispensaries to support legal and illegal drug commerce; (ix) negative affects on
surrounding businesses resulting from a concentration of criminals associated with the
dispensary; and (x) illegal sale of drugs other than marijuana in dispensaries; and
WHEREAS, robberies, assaults and burglaries of dispensaries may be under-reported by
dispensaries and crime statistics may consequently inaccurately underestimate the incidence of
such crimes, and dispensaries may account for a disproportionate number of such incidents in
comparison to other business uses; and
1369170.3
2
WHEREAS, dispensaries, by virtue of their operation: (i) may be the repositories of
large amounts of cash and marijuana and consequently operators have been attacked at their
dispensaries and at home; (ii) have been regularly burglarized; and (iii) account for other
negative affects on the community such as sales of drugs to minors, loitering, heavy vehicle
traffic, increased noise and robbery of dispensary customers; and
WHEREAS, the Director of the Office of National Drug Control Policy reports that in
states such as Colorado (where medical marijuana is legal), youths who receive information that
marijuana is a medicine assume that marijuana use is safe, but science is clear that marijuana use
is harmful and associated with dependence, respiratory and mental illness, poor motor
performance and cognitive impairment; and
WHEREAS, unregulated dispensaries can expand enormously within a municipality and
the current Town of Fountain Hills Zoning Ordinance (the “Zoning Ordinance”) does not
specifically address or regulate establishment, location or operation of marijuana dispensaries,
which, pursuant to Section 5.01 of the Zoning Ordinance, amounts to a total ban of the use; and
WHEREAS, the Act expressly authorizes cities to enact “reasonable” zoning regulations
that limit the use of land for registered nonprofit medical marijuana dispensaries, but does not
permit an outright ban, as currently exists; and
WHEREAS, Arizona law permits cities to enact zoning regulations in order to conserve
and promote the public health, safety and general welfare and regulate the use of buildings,
structures and land; and
WHEREAS, it is necessary to restrict, or prohibit, the use or division of real property
within the Town of Fountain Hills in order to protect the public’s health by establishing
appropriate regulation of medical marijuana dispensaries and cultivation facilities; and
WHEREAS, regulations defining permitted location of dispensaries and cultivation
facilities (collectively referred to here as “Facilities”) and providing for the minimum separation
of such Facilities from uses such as churches, libraries, schools, parks, day care centers, licensed
treatment centers and other marijuana facilities will reduce the threat to public health, safety and
welfare potentially caused by medical marijuana uses; and
WHEREAS, the regulations, limitations and prohibitions established in this Ordinance
are necessary to protect and preserve the public’s health and safety; and
WHEREAS, all due and proper notices of public hearings on this Ordinance held before
the Town of Fountain Hills Planning and Zoning Commission (the “Commission”) and the
Mayor and Council of the Town of Fountain Hills (the “Town Council”) were given in the time,
form, substance and manner provided by ARIZ. REV. STAT. § 9-462.04; and
WHEREAS, the Commission held a public hearing on this Ordinance on December 9,
2010, after which the Commission recommended to the Town Council that this Ordinance be
approved; and
1369170.3
3
WHEREAS, the Town Council held an additional public hearing on this Ordinance on
January 6, 2011.
NOW, THEREFORE, BE IT ORDAINED 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. That certain document known as the “Town of Fountain Hills Medical
Marijuana Regulations” (the “Regulations”) three copies of which are on file in the office of the
Town Clerk of the Town of Fountain Hills, Arizona, which document was made a public record
by Resolution No. 2011-03 of the Town of Fountain Hills, Arizona, is hereby referred to,
adopted and made a part hereof as if fully set out in this Ordinance.
SECTION 3. The Town of Fountain Hills Zoning Ordinance is hereby amended by
creating a new Chapter 24, Medical Marijuana Uses, the text of which shall be the Regulations
adopted herein by reference.
SECTION 4. Any person found guilty of violating any provision of the Regulations shall
be guilty of a class one misdemeanor. Each day that a violation continues shall be a separate
offense punishable as herein above described.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance or the Regulations is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance or the Regulations.
SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps necessary to carry
out the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, January 6, 2011.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney