HomeMy WebLinkAbout150903Pz:\council packets\2015\r150903\150903a.docx Last Printed: 9/1/2015 2:30 PM Page 1 of 5
REVISED: 9-1-15
NOTICE OF THE EXECUTIVE
AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. – EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. – REGULAR SESSION
WHEN: THURSDAY, SEPTEMBER 3, 2015
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
Vice Mayor Dennis Brown Councilmember Henry Leger
Councilmember Nick DePorter Councilmember Alan Magazine
Councilmember Cassie Hansen Councilmember Cecil A. Yates
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EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (i)
A.R.S. § 38-431.03(A)(4), discussion or consultation with the attorneys of the public body
in order to consider its position and instruct its attorneys regarding the public body’s
position regarding contracts that are the subject of negotiations, in pending or contemplated
or pending litigation or in a settlement discussions conducted in order to avoid or resolve
litigation (specifically, the Chaparral City Water Corporation complaint and the Theater
lease), and (ii) A.R.S. § 38-431.03(A)(1), discussion or consideration of employment,
assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or
resignation of a public officer, appointee or employee of any public body, an officer,
appointee or employee may demand that the discussion or consideration occur at a public
meeting (specifically, the Town Prosecutor contract).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Forrest , Fountain Hills Christian Center
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) The Mayor will read a PROCLAMATION recognizing the 41st Anniversary of the
Polish American Congress of Arizona and declare the month of October 2015 as
Polish Heritage Month in the Town of Fountain Hills.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic
Development.
ii) RECOGNITION of the Mayor’s Youth Council who recently attended the Arizona
Cities and Towns Annual Conference in Tucson, AZ.
iii) Presentation of the 2015 MY REPUBLIC REWARDS COMMUNITY GRANT
AWARD by Republic Services Division Manager Robert Bennett.
iv) Presentation of the TOURISM PROGRAM with a forecast of FY16 projects and
priority items by Recreation Supervisor Rachael and Tourism Coordinator Grace
Rodman-Guetter.
v) Presentation of the QUARTERLY BUDGET REPORT by Finance Director Craig
Rudolphy the Town’s for Fiscal Quarter ending June 30, 2015.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to
reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on
matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal
action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism,
(ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda.
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CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be
enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of
consent items will include all recommended staff stipulations unless otherwise stated. There will be no
separate discussion of these items unless a Councilmember or member of the public so requests. If a
Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may
request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or
Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from
the Consent Agenda and considered in its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
August 6, 2015.
2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Heidi Sue Hake, Owner/Agent of Déjà Vu, LLC DBA Vu Terrace Café, located at 14815 E.
Shea Boulevard, #100 and #101, Fountain Hills, AZ. This is for a series 7 license (Beer &
Wine Bar).
3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for the Sons of AmVets #7 (Samuel Coffee) in conjunction with the 2015
Oktoberfest event to be held at Fountain Park, located at 12925 N. Saguaro Boulevard, on
Friday and Saturday, September 25 - 26, 2015, from 5:00 PM to 11:00 PM.
4. CONSIDERATION of approving SPECIAL EVENT LIQUOR LICENSE APPLICATION
for the Fountain Hills Elks Lodge #2846 (William Pagean) in conjunction with the Fountain
Hills Block Party to be held on the Avenue of the Fountains on Friday, October 16, 2015,
from 5:00 PM to 10:00 PM.
5. CONSIDERATION of approving SPECIAL EVENT LIQUOR LICENSE APPLICATION
for the American Legion Post #58 (Robert Schmitz) to be held in conjunction with the
Annual Motorcycle Show at 16837 Parkview Avenue, on October 24, 2015, from 10:00
AM to 10:00 PM.
6. CONSIDERATION of approving RESOLUTION 2015-44, regarding a Memorandum of
Understanding (MOU) with the Arizona Department of Revenue (DOR) concerning
performance expectations.
7. CONSIDERATION of approving RESOLUTION 2015-40, regarding a cooperative
purchasing agreement with The Cooperative Purchasing Network (TCN).
8. CONSIDERATION of approving RESOLUTION 2015-45 abandoning whatever right,
title, or interest the Town has in a certain HILLSIDE PROTECTION EASEMENT on
property located at 9511 Technology Drive. (Case #HPE 2015-10)
9. CONSIDERATION of approving RESOLUTION 2015-42, abandoning whatever right,
title, or interest the Town has in a certain HILLSIDE PROTECTION EASEMENT on
property located at 16431 and 16442 Los Siete Court. (Case #HPE2015-11)
10. CONSIDERATION of approving the FINAL REPLAT at 16207 and 16149 E Saguaro
Boulevard, AKA Plat 415, Lots 19 & 20 (APN's 176-09-380, 176-09-381). Case # S2015-
05
11. CONSIDERATION of approving RESOLUTION 2015-46, abandoning whatever right,
title or interest the Town has in the certain Drainage Easement located within Firerock
Parcel D Lot 28, (9635 North Rock Ridge Trail) as recorded in 2000-0537846 MCR, with
stipulation. EA 2015-10 (Maley).
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12. CONSIDERATION of approving RESOLUTION 2015-43, terminating an
Intergovernmental Agreement with Maricopa County for the Maricopa County Sheriffs’
Office space.
REGULAR AGENDA ITEMS
13. CONSIDERATION of a LIQUOR LICENSE APPLICATION submitted by Penny
Zimmerman, Owner/Agent of Norma Jeans LLC DBA Monroes Bar and Grill, located at
13014 North Saguaro Boulevard, #101 Fountain Hills, AZ. This is for a series 12 license
(Restaurant).
14. CONSIDERATION of a SPECIAL EVENT APPLICATION for the FOUNTAIN BIKE
FEST event, presented by the Fountain Hills Chamber of Commerce, to be held in Fountain
Hills from Friday, April 8, through Sunday, April 10, 2016. The event will feature multiple
rides including a criterion race, circuit and long distance endurance options that will require
variable road closures throughout the weekend. The event will run from 12:00 PM to 9:00
PM on Friday, 7:00 AM to 8:00 PM Saturday, and 7:00 AM to 5:00 PM Sunday.
15. UPDATE regarding the TECHNOLOGY LEARNING CENTER’S future use of space in
the Community Center.
16. CONSIDERATION of authorizing the PURCHASE of new playground equipment from
ExerPlay in the amount of $46,883.87.
17. PRESENTATION of a proposed CONTRACT with American Metering Services, Inc.
d/b/a/ AMS Billing Services to implement the environmental fee, adopted by the Council
on November 20, 2014.
18. CONSIDERATION of a contract for LEGAL SERVICES between the Town of Fountain
Hills and the Law Office of Mark Iacovino, for FY2015-16 and FY2016-17. This item was
tabled by Councilmember Leger at the June 18, 2015 Council meeting.
19. CONSIDERATION of a Cooperative Purchase Agreement C2016-145 between M. R.
Tanner Development and Construction, Inc. and the Town of Fountain Hills for Asphalt
Replacement and miscellaneous work in an amount not to exceed $1,471,597.22.
20. 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.
21. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
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22. ADJOURNMENT.
DATED this 27th day of August, 2015.
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.
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REVISED: 9-1-15
NOTICE OF THE EXECUTIVE
AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. – EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. – REGULAR SESSION
WHEN: THURSDAY, SEPTEMBER 3, 2015
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
Vice Mayor Dennis Brown Councilmember Henry Leger
Councilmember Nick DePorter Councilmember Alan Magazine
Councilmember Cassie Hansen Councilmember Cecil A. Yates
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EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (i)
A.R.S. § 38-431.03(A)(4), discussion or consultation with the attorneys of the public body
in order to consider its position and instruct its attorneys regarding the public body’s
position regarding contracts that are the subject of negotiations, in pending or contemplated
or pending litigation or in a settlement discussions conducted in order to avoid or resolve
litigation (specifically, the Chaparral City Water Corporation complaint and the Theater
lease), and (ii) A.R.S. § 38-431.03(A)(1), discussion or consideration of employment,
assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or
resignation of a public officer, appointee or employee of any public body, an officer,
appointee or employee may demand that the discussion or consideration occur at a public
meeting (specifically, the Town Prosecutor contract).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Forrest , Fountain Hills Christian Center
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) The Mayor will read a PROCLAMATION recognizing the 41st Anniversary of the
Polish American Congress of Arizona and declare the month of October 2015 as
Polish Heritage Month in the Town of Fountain Hills.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic
Development.
ii) RECOGNITION of the Mayor’s Youth Council who recently attended the Arizona
Cities and Towns Annual Conference in Tucson, AZ.
iii) Presentation of the 2015 MY REPUBLIC REWARDS COMMUNITY GRANT
AWARD by Republic Services Division Manager Robert Bennett.
iv) Presentation of the TOURISM PROGRAM with a forecast of FY16 projects and
priority items by Recreation Supervisor Rachael and Tourism Coordinator Grace
Rodman-Guetter.
v) Presentation of the QUARTERLY BUDGET REPORT by Finance Director Craig
Rudolphy the Town’s for Fiscal Quarter ending June 30, 2015.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to
reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on
matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal
action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism,
(ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda.
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CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be
enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of
consent items will include all recommended staff stipulations unless otherwise stated. There will be no
separate discussion of these items unless a Councilmember or member of the public so requests. If a
Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may
request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or
Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from
the Consent Agenda and considered in its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
August 6, 2015.
2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Heidi Sue Hake, Owner/Agent of Déjà Vu, LLC DBA Vu Terrace Café, located at 14815 E.
Shea Boulevard, #100 and #101, Fountain Hills, AZ. This is for a series 7 license (Beer &
Wine Bar).
3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for the Sons of AmVets #7 (Samuel Coffee) in conjunction with the 2015
Oktoberfest event to be held at Fountain Park, located at 12925 N. Saguaro Boulevard, on
Friday and Saturday, September 25 - 26, 2015, from 5:00 PM to 11:00 PM.
4. CONSIDERATION of approving SPECIAL EVENT LIQUOR LICENSE APPLICATION
for the Fountain Hills Elks Lodge #2846 (William Pagean) in conjunction with the Fountain
Hills Block Party to be held on the Avenue of the Fountains on Friday, October 16, 2015,
from 5:00 PM to 10:00 PM.
5. CONSIDERATION of approving SPECIAL EVENT LIQUOR LICENSE APPLICATION
for the American Legion Post #58 (Robert Schmitz) to be held in conjunction with the
Annual Motorcycle Show at 16837 Parkview Avenue, on October 24, 2015, from 10:00
AM to 10:00 PM.
6. CONSIDERATION of approving RESOLUTION 2015-44, regarding a Memorandum of
Understanding (MOU) with the Arizona Department of Revenue (DOR) concerning
performance expectations.
7. CONSIDERATION of approving RESOLUTION 2015-40, regarding a cooperative
purchasing agreement with The Cooperative Purchasing Network (TCN).
8. CONSIDERATION of approving RESOLUTION 2015-45 abandoning whatever right,
title, or interest the Town has in a certain HILLSIDE PROTECTION EASEMENT on
property located at 9511 Technology Drive. (Case #HPE 2015-10)
9. CONSIDERATION of approving RESOLUTION 2015-42, abandoning whatever right,
title, or interest the Town has in a certain HILLSIDE PROTECTION EASEMENT on
property located at 16431 and 16442 Los Siete Court. (Case #HPE2015-11)
10. CONSIDERATION of approving the FINAL REPLAT at 16207 and 16149 E Saguaro
Boulevard, AKA Plat 415, Lots 19 & 20 (APN's 176-09-380, 176-09-381). Case # S2015-
05
11. CONSIDERATION of approving RESOLUTION 2015-46, abandoning whatever right,
title or interest the Town has in the certain Drainage Easement located within Firerock
Parcel D Lot 28, (9635 North Rock Ridge Trail) as recorded in 2000-0537846 MCR, with
stipulation. EA 2015-10 (Maley).
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12. CONSIDERATION of approving RESOLUTION 2015-43, terminating an
Intergovernmental Agreement with Maricopa County for the Maricopa County Sheriffs’
Office space.
REGULAR AGENDA ITEMS
13. CONSIDERATION of a LIQUOR LICENSE APPLICATION submitted by Penny
Zimmerman, Owner/Agent of Norma Jeans LLC DBA Monroes Bar and Grill, located at
13014 North Saguaro Boulevard, #101 Fountain Hills, AZ. This is for a series 12 license
(Restaurant).
14. CONSIDERATION of a SPECIAL EVENT APPLICATION for the FOUNTAIN BIKE
FEST event, presented by the Fountain Hills Chamber of Commerce, to be held in Fountain
Hills from Friday, April 8, through Sunday, April 10, 2016. The event will feature multiple
rides including a criterion race, circuit and long distance endurance options that will require
variable road closures throughout the weekend. The event will run from 12:00 PM to 9:00
PM on Friday, 7:00 AM to 8:00 PM Saturday, and 7:00 AM to 5:00 PM Sunday.
15. UPDATE regarding the TECHNOLOGY LEARNING CENTER’S future use of space in
the Community Center.
16. CONSIDERATION of authorizing the PURCHASE of new playground equipment from
ExerPlay in the amount of $46,883.87.
17. PRESENTATION of a proposed CONTRACT with American Metering Services, Inc.
d/b/a/ AMS Billing Services to implement the environmental fee, adopted by the Council
on November 20, 2014.
18. CONSIDERATION of a contract for LEGAL SERVICES between the Town of Fountain
Hills and the Law Office of Mark Iacovino, for FY2015-16 and FY2016-17. This item was
tabled by Councilmember Leger at the June 18, 2015 Council meeting.
19. CONSIDERATION of a Cooperative Purchase Agreement C2016-145 between M. R.
Tanner Development and Construction, Inc. and the Town of Fountain Hills for Asphalt
Replacement and miscellaneous work in an amount not to exceed $1,471,597.22.
20. 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.
21. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
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22. ADJOURNMENT.
DATED this 27th day of August, 2015.
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.
§is?
TO WN OF FOUNTAIN HILLS
PROCLAMA TION
Office ofthe Mayor
WHEREAS,the citizens of the City of Zamosc, Poland, and the Town of Fountain
Hills, Arizona,USA, fomied a SisterCity relationship in June of 2014 and are committed
to a partnership that promotes peaceand prosperity through people-to-people exchanges
and citizen diplomacy,
AND WHEREAS,a delegation from the Town of Fountain Hills traveled to Zamosc,
Poland to officially establish the Sister City relationship and witnessed firsthand the
beauty,culture, architecture,and hospitality ofPoland,
AND WHEREAS,the Town of Fountain Hills recognizes the valuable contributions
madebyits distinguished citizens andTown employees whoareof Polish heritage,
AND WHEREAS,Polish Americans throughout the State of Arizona and throughout
the United States of America have a deeply rooted commitment to the values offamily,
faith, democracy,hard workand fulfillment of the Americandream,
NOW,THEREFORE,I,Linda M.Kavanagh,Mayor of the Town of Fountain Hills,
Arizona,do hereby proclaim the Town's recognition of the 41st Anniversary ofthe Polish
American Congress of Arizona and the Town's further recognition of the month of
October 2015 as Polish Heritage Month.
ithDATEDThis\T day of September,2015.
ATTEST:
feevelyn J.Bender,Town Clerk
'''•n„.,.,,,.,,;,::^\
R^H
A Public-Private Partnership
Town of Fountain Hills
PARTNERSHIP
•Since July 2011
•29.3k Tons of Waste
•7.2kTons Recycled
DONATIONS/SUPPORT
•Fourth at the Fountain
•Oktoberfest
•Turkey Trot
•Press Box at Fountain Hills High School
Fourth at the Fountain
•Event Boxes
•Clean-Up Events
•2015 – Recycling in the Park
IT’S OUR COMMUNITY TOO!
LANDFILL DIVERSION
•This year, we eclipsed 2014
•1,294,788 votes (DOUBLED!)
•Registration Rate from 10.49% to 14.8%
•Engagement from 43.7% to 50.6%
•Five Projects:
•River to Time Museum
•Experience Fountain Hills
•Fearless Kitty Rescue
•Fountain Hills Botanical Garden
•Kiwanis Club of Fountain Hills
AND THE WINNER IS….
•524,240 Votes
•Worked HARD
FEARLESS KITTY RESCUE
SERVICE PROVIDERS
SERVICE PROVIDERS
SERVICE PROVIDERS
Consistent Service….
•Same Drivers
•Same Routes
•Same Trucks
•6-Day Customer
Service
THANK YOU!
TOURISM UPDATE
SEPTEMBER 3, 2015
Town of Fountain Hills
Industry
Snapshot
What does the tourism
industry look like from
a state wide perspective
Arizona Office of Tourism
Statewide Report for FY 2014
40.7 million domestic and international
overnight visitors
up 4.1 percent over 2013
Direct travel spending generated $20.9
billion
$57 million contributed to Arizona’s
economy each and every single day
$2.8 billion in federal, state, and local
tax revenue generated by direct travel
spending, up 2.8 percent over 2013
THE TOWN’S TOURISM DIVISION IS
ECSTATIC TO ANNOUNCE …
WE HAVE BEEN AWARDED A GRANT FROM
THE ARIZONA OFFICE OF TOURISM
PROPOSITION 302 GRANT PROGRAM IN THE
ESTIMATED AMOUNT OF
Announcement
$26,658.55
Grant Award
What will the Arizona
Office of Tourism award
monies be utilized for?
Fountain Hills specific inset in
Phoenix Area Map
Ad Space in Phoenix Magazine
Advertising in Play Ball spring
training publication
Golf Hole Sponsorship in Waste
Management Open
4 months of online digital
retargeting with Vici Media
Production of the Official Visitors
Guide
60 second Promotional Video
Industry
Awards
2015 Community /
Neighborhood Special
Event Award for
Populations Under
25,000 Residents,
From the Town of
Fountain Hills – Slide
the City
-Arizona Parks and
Recreation
Association
First Place
Winner of “Best
Photography” in Parks
and Recreation Facilities
-Arizona Parks and
Recreation
Association
Second Place
Winner of “Best
Photography” in Parks
and Recreation Facilities
-Arizona Parks and
Recreation
Association
Honored for the 5th time
Town of Fountain
Hills Recognized as
2015 Playful City USA
Community
-Humana Foundation,
KaBOOM
Tourism as a Brand
2015 marketing message
Get out of the valley and into the Hills!
Advertising
Take a look at our
advertising designs and
campaigns for this year.
We have partnered with
the following
companies to enhance
our brand exposure:
• Madden Media
•AOT
•Phoenix Magazine
•Vici Media
18 Month
Assessment
What change and
growth has happened in
the past 6 months since
our last Tourism
Program update?
Continuation of the branding of
“Experience Fountain Hills”
Implementation of a strategic
marketing strategy
Design and implementation of
existing and new publications
Continued revitalization of
tourism programs
Stakeholder meetings,
presentations, and outreach
incentives and initiatives
Online advertising
Brand exposure throughout valley
Publications
Distribution of the
spring season’s
collateral has had
significant success.
Distribution rates:
17,668 Visitors Guides
4075 Dining Guides
Boots on the
ground
How do we make this
happen?
Tabling at all special events
Personally collecting survey results
In house printing
Hand distributing collateral
Making connections!
In house website updates
Analytics
Who is our audience?
This is the average age
of our followers as of
2014.
Over 70% of our audience is between the ages of 25-44
Who do we
reach online?
These are the top 10
cities that capture the
most traction on our
online platforms
WHERE DO WE CURRENTLY STAND?
AUDIENCE REACH/ENGAGEMENT
Online rules the world
Tourism
Impact Studies
The following are
tourism impact results
from two highly
attended special events;
Slide the City and
Fourth at the Fountain
Slide the City
Visitors came from 21 different zip
codes including
Scottsdale
Greater Phoenix
Litchfield
31.58% had a party of 5 or larger
33% spent more than $100
51.43% heard about the event through
social media channels
Ticket Sales
506 Single Slider transactions
1477 Triple Slider transactions
1208 VIP Slider transactions
Tourism
Impact Studies
The following are
tourism impact results
from two highly
attended special events;
Slide the City and
Fourth at the Fountain
Fourth at the Fountain
179 surveys collected
Visitors came from a total of 18 different
zip codes.
The top three zip codes being:
1. Fountain Hills 26%
2. Phoenix 22%
3. Scottsdale 18%
16.28% were new visitors
44.59% reported spending between $20-50
30.56 % heard about the event through social
media channels
Hotels at full capacity
Inn at Eagle Mountain & Lexington Resort
Reported 90% Occupancy rate on the 4th.
Where do we
go from here?
Running with this
momentum
Continuing our marketing efforts, we look to expand into new medias/publications:
Continued advertising on Facebook
Online advertising with Trip Advisor
Ad placements with Phoenix Magazine
Listings with the Arizona Office of Tourism guides
Update website with industry standard tools to maximize user-friendly look and feel
Implementation of “itineraries” as new marketing hook
New Online Marketing & Retargeting Campaign
Geo Tracking
Call Tracking
Online Ad retargeting
Create new industry relationships
Stakeholder meetings to create and discuss common goals and initiatives - Scheduled for second week in September
Outreach to neighboring CVB’s
Visiting local businesses and interacting with business owners promoting this program
QUESTIONS?
QUARTERLY FINANCIAL REPORT
Twelve Months Ending June 2015
September, 2015
September 3, 2015 1
OPERATING FUND
(Consists of General Fund, Public Art Fund, Internal Service Fund
and Vehicle Replacement Fund)
September 3, 2015 2
The Operating Fund
is the Town’s main
operating fund and is
used to fund general
government
operations including
police and fire, parks,
Community Center;
other funds are
restricted for specific
purposes.
ALL FUNDS REVENUES
September 3, 2015 3
Operating39%
HURF
6%Dev Fees0%Special Revenue
0%Excise Tax2%
Debt Svc MPC
8%
Debt Svc GO
10%
Capital Projects
35%
Revenues by Fund
Twelve Months Ending June 30, 2015
Total $36.8M (includes $7.6M bond proceeds)
OPERATING FUND REVENUES BY SOURCE
Through June 30
Fountain Hills local
sales tax and State
shared revenues
accounted for 86% of
the Operating Fund.
Operating Fund
revenues are at
103.0% of budget.
September 3, 2015 4
Local Sales Tax
52%State Income Tax
19%
State Sales Tax
15%
Other
14%
TOWN OF FOUNTAIN HILLS
TWELVE MONTHS ENDING JUNE 30, 2015
OPERATING FUND REVENUE
Local Sls Tax $7.5M
State Inc Tax $2.7M
State Sls Tax $2.1M
Other $2.0M
TOTAL $14.3M
OPERATING FUND REVENUE
Local sales tax
revenues are at
103.8% of
budget; State
Shared revenues
are at 100.1% of
budget –almost
all revenues are
slightly higher
than projections.
September 3, 2015 5
$0.0
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
$8.0 Local Sales Tax
State Shared
Revenues
Permits and Licenses
Fines and Fees OtherMillionsTOWN OF FOUNTAIN HILLS
TWELVE MONTHS ENDING JUNE 30, 2015
OPERATING FUND REVENUES
FY13-14 FY14-15 FY14-15 BUDGETTOTAL $14.3M
STATE SHARED REVENUES
State Shared
revenues represent
33.3% of Operating
Fund revenue and is
distributed to cities/
towns based on
population.
Income tax is based
on two years prior;
VLT is now in HURF
for pavement
management.
September 3, 2015 6
$0.0
$0.5
$1.0
$1.5
$2.0
$2.5
$3.0 State Income Tax
State Sales Tax
MillionsTOWN OF FOUNTAIN HILLS
TWELVE MONTHS ENDING JUNE 30, 2015
STATE SHARED REVENUES
FY13-14 FY14-15 Budget
TOTAL $4.7M
September 3, 2015
$7,504,014 = 103.8% OF OPERATING FUND BUDGET
Local Sales
tax
represents
52% of
Operating
Fund
revenue.
Increased
3.8% over
prior year
LOCAL SALES TAX – All Funds
7
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000
FY10/11 FY11/12 FY12/13 FY13/14 FY14/15 Budget 5 Yr Average
TOTAL SALES TAX COLLECTIONS BY YEAR
FY11 THROUGH FY15*
*excludes construction activity
September 3, 2015
$3.9M = Increase of 6.5% over prior year
LOCAL SALES TAX - RETAIL
8
$0.5
$1.0
$1.5
$2.0
$2.5
$3.0
$3.5
$4.0
FY10-11 FY11-12 FY12-13 FY13-14 FY14-15 Budget 5 Yr
Average
Retail Activity
July through June FY11 -FY15
millions
September 3, 2015
$695,041 = Increase of 6.0% over prior year
LOCAL SALES TAX - RESTAURANT
9
$250,000
$300,000
$350,000
$400,000
$450,000
$500,000
$550,000
$600,000
$650,000
$700,000
FY10-11 FY11-12 FY12-13 FY13-14 FY14-15 Budget 5 Yr
Average
Restaurant/Bar Activity
July through June FY11 -FY15
LOCAL SALES TAX - TELECOM
September 3, 2015
$1,383,464 = Increase of 0.6% from prior year
10
$250,000
$500,000
$750,000
$1,000,000
$1,250,000
$1,500,000
FY10-11 FY11-12 FY12-13 FY13-14 FY14-15 Budget 5 Yr
Average
Trans/Telecommunications Activity
July through June FY11 -FY15
LOCAL SALES TAX - CONSTRUCTION
September 3, 2015
50% of this revenue funds capital projects
$888,311 = Increase of 13.4% over prior year
11
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
FY10-11 FY11-12 FY12-13 FY13-14 FY14-15 Budget 5 Yr
Average
Construction Sales Tax Activity
July through June FY11 -FY15
September 3, 2015
Compared to the
corresponding period of last
fiscal year, Operating Fund
expenditures increased by
1.9% over the same period.
12
MAYOR & COUNCIL
1%
ADMINISTRATION
17%
MUNICIPAL COURT
2%DEVELOPMENT
SERVICES
14%
COMMUNITY SERVICES
16%
FIRE & EMERGENCY
MED 25%
LAW ENFORCEMENT 25%
Operating Fund Expenditures by Department
Twelve Months Ending June 30, 2015
Total $13.5M
Department
4 Qtr FY13-14
Expenditures
4 Qtr FY14-15
Expenditures
Mayor & Council 76,799$ 82,680$
Administration 2,573,365 2,286,394
Municipal Court 292,490 297,656
Development Services 1,744,052 1,890,142
Community Services 2,122,094 2,187,475
Fire & Emergency Medical 3,385,588 3,415,299
Law Enforcement 3,064,707 3,353,581
TOTAL 13,259,095$ 13,513,227$
OTHER FUNDS
September 3, 2015 13
HIGHWAY USER REVENUE FUND
HURF
revenues are
derived from
gasoline
taxes and
distributed
based on
population;
VLT revenues
are now
included in
HURF for
pavement
maintenance.
September 3, 2015
$2,267,181 = Increase of 26.8% from prior year
(including Vehicle License Tax)
14
$1,126,762 $1,232,187
$1,268,564 $1,392,806 $1,194,094
$800,475
$858,874
$867,000
FY11-12 FY12-13 FY13-14 FY14-15 FY14-15 Budget
$.0
$.5
$1.0
$1.5
$2.0
$2.5
TOWN OF FOUNTAIN HILLS
TWELVE MONTHS ENDING JUNE 30, 2015
HIGHWAY USER REVENUE FUND REVENUES
HIGHWAY USERS TAX VEHICLE LICENSE TAX IN-LIEU FEES
TOTAL $2.3M IN FY14-15
HURF EXPENDITURES
September 3, 2015
Council priority for
FY14-15 was still
pavement
maintenance. The
HURF fund is
accumulating money
this fiscal year to
allow for a project
early in FY15-16.
15
ADMINISTRATION
11%ADOPT A STREET
0%LEGAL SERVICES
2%
OPEN SPACE 20%
PAVEMENT
MANAGEMENT
39%
STREET SIGNS
6%
STREET SWEEPING
7%
TRAFFIC SIGNALS
9%
VEHICLE
MAINTENANCE
6%
HURF Expenditures
Twelve Months Ending June 30, 2015
TOTAL $1.3M
RESTRICTED FUNDS
September 3, 2015 16
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
Dev Fees Special Revenue Excise Tax Debt Svc MPC Debt Svc GO Capital Projects
137,497 149,412
567,365
3,070,375
3,562,967
12,739,358
451,901
129,659
1,573,629
2,954,713
3,140,363
9,217,309
TOWN OF FOUNTAIN HILLS
TWELVE MONTHS ENDING JUNE 30, 2015
OTHER FUNDS REVENUES & EXPENDITURES
Revenues Expenditures
FUND BALANCE
Fund balance includes
Operating Fund
reserves that are not
available for
appropriation; other
funds are restricted for
specific purposes.
Funds are invested only
in government securities
according to the Town’s
adopted investment
policy.
September 3, 2015 17
Rainy Day Fund 1,345,200$
General Fund 7,120,134
Public Art Fund 10,080
Internal Service Fund -
Vehicle Replacement Fund 457,309
Operating Funds 8,932,723$
Highway User Revenue Fund (HURF)1,552,106 1,552,106
Special Revenue Fund 361
Court Enhancement Fund 274,645
Cottonwoods Maintnenance District Fund 11,389
Special Revenue Funds 286,395
Downtown Strategy Fund 965,964
Economic Development Fund 116,155
Tourism Fund 980
Excise Tax Funds 1,083,099
General Obligation Debt Service Fund 443,834
Eagle Mountain CFD Debt Service Fund 66,720
MPC Debt Service Fund 115,662
Debt Service 626,216
Capital Projects Fund 10,683,869
Facilities Replacement Fund 102,762
Capital Projects 10,786,631
Law Enforcement 203,484
Fire & Emergency 71,127
Streets -
Parks & Recreation 200,964
Open Space 1,660,625
Library/Museum -
Development Fees 2,136,200
Grand Total 25,403,370$
Fiscal Year-End Fund Balances (Unaudited)June 30, 2015
SUMMARY
•Operating Fund revenues and expenditures are trending
favorably in the current year
•Reserve fund balances remain acceptable for all funds
•Operating Fund revenues are 3.0% ($417,411) over
budget and 6.6% ($888,445) higher than last fiscal year
•Operating Fund expenditures are 1.8% ($251,701)
under budget but also 1.9% ($254,132) higher than last
fiscal year
•Pavement management remains a priority and is
funded through HURF and Vehicle License Tax revenues
•Local economic indicators remain stable
September 3, 2015 18
TOWN OF FOUNTAIN HILLS
QUARTERLY BUDGET REPORT
TWELVE MONTHS ENDING JUNE 30, 2015
2
Where does the money come from and where does it go?
Operating39%
HURF
6%Dev Fees
0%Special Revenue0%Excise Tax
2%
Debt Svc MPC
8%
Debt Svc GO
10%
Capital Projects
35%
Revenues by Fund
Twelve Months Ending June 30, 2015
Total $36.8M (includes $7.6M bond proceeds)
Operating
42%
HURF
4%Dev
Fees
1%
Special Revenue
0%
Excise Tax
5%
Debt Svc MPC
9%
Debt Svc GO
10%
Capital Projects
29%
Expenditures by Fund
Twelve Months Ending June 30, 2015
Total $32.3M
3
Operating Fund Revenues
For the twelve month period ending June 30, 2015, total Operating Fund revenues (General
Fund, Public Art Fund, Internal Service Funds) were received at 103.0% of budgeted amounts
and $888,445 higher than the same time period last fiscal year (an increase of 6.6%). Categories
where revenues are higher than the previous year are the local sales tax (up 5.7%), State sales tax (up 5.0%), State income tax (up 8.6%) as well as licenses & permits (up 29.7%). Total Operating Fund revenues for this fiscal period are $14,342,414.
FY13-14
Actual
FY14-15
Actual
% YTD FY14-15
Budget
FY14-15
Budget
Operating Fund $13,453,969 $14,342,414 103.0% $13,925,003
The three major revenues in the chart above represent 85.6% of Operating Fund revenues, and,
as such, provide key indicators of the Town’s overall economic condition and performance. Local sales tax collections have increased back to FY09 levels (5.7% over the same period last year). This total includes construction activity of which 50% is transferred to the Capital Projects
Fund. State sales tax is 5.0% higher and State income taxes are 8.6% higher than last year.
Overall, these major revenue sources are at 102.6% of the budget for the fiscal year.
$0.0
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
$8.0 Local Sales Tax
State Income Tax
State Sales TaxMillionsTOWN OF FOUNTAIN HILLS
TWELVE MONTHS ENDING JUNE 30, 2015
MAJOR REVENUE SOURCES
FY13-14 FY14-15 Budget
TOTAL $12.3
4
State Shared Revenues
State Shared Revenues include a distribution of the State income and sales taxes returned to the
Town based on its population in relation to the total population of all incorporated cities and
towns. The income tax funds are distributed from tax collections from two years prior to the fiscal year in which the Town receives the funds. Sales taxes are distributed to cities and towns three months after the actual sales activity occurs. These revenues are distributed monthly
through a distribution from the State Treasurer’s Office. The revenues from these categories total
$4,777,674 which is $313,484 or 7.0% higher than the same time period last year – the increase
in revenue was anticipated based on projections by the Arizona League of Cities and Towns.
FY13-14 Actual FY14-15 Actual
% YTD
FY14-15 Budget FY14-15 Budget
State Income Tax $2,506,685 $2,722,433 100.0% $2,722,248
State Sales Tax 1,957,505 2,055,241 100.3% 2,048,760
Local Sales Tax (2.6%) – All Funds
The fiscal year to date revenue for this category totals $8,968,970 (including all funds), which is 105.9% of projections. Compared to the same time period as last year, the total revenues are 6.9% higher.
Wholesale/Retail: A retail sales tax of 2.6% is collected for the sale of all tangible personal
property including grocery, clothing, home and garden, autos and other related retail activity. This revenue source is sensitive to changes in the economy and can fluctuate from one fiscal year to another. The revenues for this category total $3,889,874 which is 98.8% of projections;
compared to last fiscal year, revenues increased by 6.5%.
Restaurants/Bars: Food and liquor sales are taxed at a rate of 2.6% in the Town. The revenues for this category total $695,041, which is 98.9% of projections; compared to last fiscal year, revenues are up by 6.0% and higher than any other previous year.
Communications/Utilities/Transportation: Utilities, such as Chaparral City Water, cellular
telephone companies and Century Link, are taxed at a rate of 2.6% in the Town as well as cellular phone charges. The revenues for this category total $1,383,464, which is 95.5% of what was anticipated; compared to last fiscal year, revenues are up by 0.6%.
Construction Contracting: This revenue is generated from the 2.6% tax on new home and
business construction as well as improvements to real property. Like retail sales tax, this revenue source is considered to be volatile as it is strongly impacted by changes in the economy. The largest sources of revenues in this category come from residential homebuilders. The revenues
for this category total $888,311, which is 134.4% of what was budgeted; compared to last fiscal
5
year, revenues are up 13.4%. The Council has dedicated 50% of this revenue to the Capital Projects Fund for future appropriation.
FY13-14 Actual FY14-15 Actual
% YTD FY14-15 Budget FY14-15 Budget
Local Sales Tax $8,389,449 $8,968,970 105.9% $8,470,980
Local sales tax makes up 52.3% of Operating Fund revenues; for the period ending June 30, 2015, collections were $9.0M for all funds ($7.5M in the Operating Fund). Retail and restaurant/bar activities represent 51.1% of total collections; telecommunications and utilities
represent another 15.4%. Construction revenues collected this fiscal period total $888,311, which
is a 13.4% increase over last fiscal year. Retail sales tax collections increased 6.5% over the
same period last year; restaurant/bar collections are up 6.0% from the same period last year.
Construction
Transp/Utilities/Comm
Wholesale/Retail
Restaurants/Bars Ins/Real Estate
Services
Other
$0.0
$0.5
$1.0
$1.5
$2.0
$2.5
$3.0
$3.5
$4.0
$4.5
Local Sales Tax Collections by Type
(in millions)
July -June FY11 through FY15
FY10-11 FY11-12 FY12-13 FY13-14 FY14-15
6
Building Permit Revenue
Revenues in this category include both commercial and residential permitting activity with the
majority of revenues coming from residential activity. This fiscal period, revenues for this
category total $171,307 or 58.4% of the annual budget. New housing permits issued for the fiscal period are 36 single family, 10 multi-family and 3 commercial.
FY13-14 Actual FY14-15 Actual
% YTD FY14-15 Budget FY14-15 Budget
Building Permit Fees $137,133 $171,307 58.4% $390,900
Court Revenue
This category summarizes several revenue funds collected by the court. The court generates
various revenues through fines, sanctions and court orders. These fines include criminal, civil,
Town code violations and diversion fees for defensive driving school attendees. Reimbursement fees for required background checks, incarceration costs, and Public Defender costs are also
collected by the court and included in this category. This fiscal period, revenues for this category
total $167,491 which is $13,467 (8.7%) more than last year’s same fiscal period and 111.7% of
the budgeted amount.
FY13-14
Actual
FY14-15
Actual
% YTD
FY14-15
Budget
FY14-15
Budget
Court Fines &
Fees $154,024 $167,491 111.7% $150,011
License Revenue Revenues in this category include both business and animal licensing activity with the majority
of revenues coming from business licenses. Current fiscal revenues for these two categories total
$169,638 or 111.4% of the fiscal period budget.
FY13-14
Actual
FY14-15
Actual
% YTD
FY14-15
Budget
Year End
Estimate
Business License
Fees $103,640 $128,377 153.8% $111,305
Animal License
Fees 44,426 41,261 134.2% 41,006
7
Operating Fund Expenditures
The Operating Fund accounts for most of the day to day operations of the Town, including
Police, Fire and Emergency Medical Services, Development Services, Community Services,
Municipal Court, Town Council and Administration functions. At the end of the year, 98.2% of
the annual budget has been expended.
• Wages and benefits represent one fourth (23.5%) of the total Operating Fund budget and
accounts for all staff with the exception of streets’ employees who are funded through a
separate Highway User Revenue Fund (HURF).
• Supplies and Services represents 3.4% of the total Operating Fund budget and includes items such as dues and memberships, education and training, office supplies, insurance,
software, etc. These types of expenditures can be controlled to avoid expending more
than revenues received.
• Contractual services represent 57.2% of the Operating Fund budget and include contracts for law enforcement (Maricopa County Sheriff’s Office) and fire and emergency medical
services (Rural Metro). The Town utilizes contracts for specialized or one-time services
that do not require the addition of full time staff.
• Maintenance/Utilities represent 8.6% of the Operating Fund budget and include facility maintenance and utilities.
• Capital Expenditures are only 0.3% of the Operating Fund and include those purchases of
small items that do not meet the Town’s capitalization threshold.
• Internal Transfers/Contingency includes transfers that are made at the end of the fiscal year from the Operating Fund (Community Center) to the Debt Service Fund for the
annual bond repayment due in June as well as charges to the Operating Fund budget by
department and transfers to provide monies for future scheduled replacement of vehicles
and equipment. Also includes contingency funding.
YTD
FY13-14
YTD
FY14-15
% YTD
FY14-15
Budget
FY14-15
Budget
Wages and Benefits 3,110,483$ 3,177,350$ 97.2%3,269,862$
Supplies and Services 554,613 454,848 82.3%552,855
Contractual Services 7,253,031 7,733,650 97.9%7,901,667
Maintenance/Utilities 1,045,226 1,160,117 89.8%1,292,555
Capital Expenditures 684,148 43,080 257.2%16,752
Internal Transfers/Contingency 611,594 944,182 129.1%731,237
Grand Total all Categories 13,259,095$ 13,513,227$ 98.2%13,764,928$
FY14-15 Expenditures by Category - Operating Funds
8
Department summary
• The Mayor & Council and Municipal Court budgets represent a total 0.6% of the Operating Fund expenditures.
• Administration includes the Town Clerk, Town Manager, Finance, Human Resources,
Volunteer Program, Economic Development, Information Technology and Customer
Service and represents 16.5% of the Operating Fund budget. The Department is responsible for business recruitment and retention, Town Manager activities, all licensing activity (business, animal, liquor), customer service, audits, public meetings, Channel 11,
Town website, elections, Town Attorney, Town Prosecutor, budget and financial
reporting, etc.
• Development Services (14.0% of Operating Fund expenditures) includes programs such as public works, engineering, traffic and capital projects, open space maintenance,
stormwater management, and facilities maintenance. Divisions included in Development
Services are Planning, Zoning, Code Enforcement, Environmental, Facilities
Maintenance, Building Safety, and Mapping & Graphics.
• Community Services (16.3% of Operating Fund expenditures) includes the Town’s park system (Fountain Park, Golden Eagle Park, Four Peaks Neighborhood Park, and Desert
Vista Neighborhood Park), recreation programs for youth, adults and seniors. The
Community Center serves the community as a meeting or special event location as well
as daytime activities for Seniors. This department includes the cost of the annual debt service payment that is transferred to the Debt Service Fund each year to cover the semi-
annual payments in December and June.
• Fire & Emergency Medical Services represents 25.4% of the Operating Fund budget and
includes the contract with Rural Metro for fire and emergency medical services; the budget also includes expenditures for maintenance of the fleet which is Town owned, fire stations and equipment.
YTD
FY13-14
YTD
FY14-15
FY14-15
Budget
% YTD
FY14-15
Budget
%
Incr/(Decr)
from Prior
Year
Mayor & Council 76,799$ 82,680$ 80,318$ 102.9%7.7%
Administration 2,573,365 2,286,394 2,176,690 105.0%(11.2%)
Municipal Court 292,490 297,656 275,165 108.2%1.8%
Development Services 1,744,052 1,890,142 2,022,506 93.5%8.4%
Community Services 2,122,094 2,187,475 2,383,520 91.8%3.1%
Fire & Emergency Medical 3,385,588 3,415,299 3,447,099 99.1%0.9%
Law Enforcement 3,064,707 3,353,581 3,379,630 99.2%9.4%
Grand Total 13,259,095$ 13,513,227$ 13,764,928$ 98.2%1.9%
9
• Law Enforcement represents 24.9% of the Operating Fund budget and includes the
contract with Maricopa County Sheriff’s Office as well as costs for jail incarceration fees,
which are costs for holding individuals at the jails and billed by Maricopa County. The
Town also has a contract with Maricopa County for animal control and shelter services
that is included within the Law Enforcement budget.
MAYOR & COUNCIL
1%
ADMINISTRATION
17%
MUNICIPAL COURT
2%DEVELOPMENT
SERVICES
14%
COMMUNITY SERVICES
16%
FIRE & EMERGENCY MED
25%
LAW ENFORCEMENT
25%
Operating Fund Expenditures by Department
Twelve Months Ending June 30, 2015
Total $13.5M
10
Other Funds:
• Highway User Revenue Fund (Streets)
• Excise Tax (Downtown Strategy,
Economic Development and Tourism)
• Special Revenue (Grants)
• Capital Projects
• Development Fees
11
Highway User Revenue Fund (HURF) – Streets
FY13-14 Actual FY14-15 Actual
% YTD FY14-15 Budget FY14-15 Budget
State Shared
Revenues $2,069,038 $2,251,680 145.7% $2,061,094
In Lieu Fees 22,156 3,022 33.6% 12,000
Transfers 994,000 562 0.0% 0
Miscellaneous &
Other 10,557 11,917 211.9% 7,500
Grand Total
HURF $3,095,751 $2,267,181 109.0% $2,080,594
This fund supports most of the Town’s street and traffic operations and is managed by the
Development Services Department. Revenues were received more than budgeted. The fund is
primarily supported by the State Highway User Revenue Fund (61.4%), Vehicle License Taxes (37.9%) and from payments for construction in the rights of way (in lieu payments). HURF
revenues are distributed partially on a population formula and partially on the county of origin
for gasoline sales. There is a State constitutional restriction that these funds be used solely for
street and highway purposes. The Town bills contractors when they make cuts in the Town’s
rights of way and has recovered $3,022 in lieu fees. Restitution fees are recovered from damage to Town property as a result of vehicle accidents and included in miscellaneous & other.
• The Administration program for the Streets division includes activities that are not
directly related to a program (for example, insurance, fuel, utilities, etc.).
YTD
FY13-14
YTD
FY14-15
% YTD
FY14-15
Budget
FY14-15
Budget
Administration 336,496$ 149,690$ 116.9%170,717$
Adopt A Street 3,585 3,220 89.4%4,804
Legal Services 25,698 28,689 159.4%24,000
Open Space 241,291 261,749 126.5%275,863
Pavement Maintenance 2,205,886 504,599 45.1%1,493,249
Street Signs 82,757 83,824 128.8%86,798
Street Sweeping 74,772 87,908 126.6%92,563
Traffic Signals 103,333 111,358 97.7%152,034
Vehicle Maintenance 72,493 79,818 122.1%87,175
Grand Total HURF 3,146,311$ 1,310,855$ 73.2%2,387,203$
HURF Expenditures by Program - Year Ending June 30, 2015
12
• Open Space program includes maintenance of the medians; the largest component of this
category is the contract for landscaping and water usage.
• Pavement Maintenance program includes personnel costs related to road repair and
maintenance, such as pot holes and curb replacement. A major expenditure for pavement maintenance has been deferred until the next fiscal year to allow funds to accumulate.
• Street Signs program includes personnel and maintenance costs for the Town’s 8,500
street signs.
• Street Sweeping program’s major expenditure is the contract costs for street sweeping. Arterial streets are swept every three weeks and residential streets every eight weeks.
• Traffic Signals program includes personnel and electric costs for the Town’s 13 Traffic
signals. Costs include hardware and programs for maintenance and synchronization of the
signals.
• Vehicle Maintenance program includes personnel as well as costs to maintain the Town’s
fleet of 40 vehicles and heavy equipment.
13
Excise Tax - All Funds (Downtown Strategy, Economic Development, Tourism)
FY13-14 Actual FY14-15 Actual
% YTD FY14-15 Budget FY14-15 Budget
Revenues $334,578 $567,365 116.5% $486,940
These funds are separate operating funds from the Town’s Operating Fund and they support the Town’s downtown strategy, economic development including business retention program, and tourism. Beginning in FY13-14, the Excise Tax Fund was separated into two separate functions
supported by a portion of the local sales (excise) tax (.1% of the 2.6%). Downtown Strategy
focus is for infrastructure improvements and development; Economic Development focus is
dedicated to Town-wide economic development and the Economic Development Plan implementation. The Economic Development Fund also provides the funding for the Tourism Fund.
• Wages and benefits, which represent 8.1% of the total Excise Tax operating budget, replaced contractual services after the hiring of the Town’s Economic Development
Specialist and Tourism Coordinator.
• Supplies and Services represents 1.4% of the total Excise Tax budget and includes items such as office supplies, insurance, software, etc. These types of expenditures can be
controlled to avoid expending more than revenues received.
• Contractual services represent 8.8% of the budget and include contracts for downtown
holiday lighting, Greater Phoenix Economic Council (GPEC), and planned professional services for marketing strategies.
• Maintenance/Utilities include sign repair and replacement in addition to
telecommunication charges.
• Internal Transfers reflect the expenditures in the Capital Projects Fund for the Avenue of the Fountains median project. This project has been completed.
YTD
FY13-14
YTD
FY14-15
% YTD
FY14-15
Budget
FY14-15
Budget
Wages and Benefits 41,076$ 126,906$ 149.6%113,130$
Supplies and Services 10,947 22,667 26.9%112,290
Contractual Services 124,690 138,009 132.5%138,875
Maintenance/Utilities 562 8,887 1316.6%900
Internal Transfers 243,035 1,277,159 90.3%1,886,000
Grand Total all Categories 420,310$ 1,573,628$ 93.2%2,251,195$
Excise Tax Funds Expenditures by Category - Year Ending June 30, 2015
14
Development Fees
These fees are placed into restricted funds with revenues paid by developers at the time of new
residential and commercial construction permits. The decrease in permit activity over the same
time period as last year is related to the development fee study that implemented new fees as of August 1, 2014. The study was presented to the public at a Public Hearing in February, 2014 and resulted in the elimination of several categories of fees and changes in the remaining categories.
During this fiscal year, there have been forty eight (48) permit applications including
development fees.
FY13-14
Actual
FY14-15
Actual
% YTD
FY14-15
Budget
FY14-15
Budget
Law Enforcement 3,164$ 730$ 1460.0%100$
Fire/Emergency 9,259 20,549 823.6%4,990
Streets 228,411 33,804 0.0%-
Parks/Rec 93,636 68,685 1831.6%7,500
Open Space 11,622 13,240 0.0%-
Library/Museum 2,915 487 0.0%-
General Government 928 - 0.0%-
Grand Total All Funds 349,935$ 137,495$ 2184.2%12,590$
FY14-15 Revenues by Category - Development Fees
FY13-14
Actual
FY14-15
Actual
% YTD
FY14-15
Budget
FY14-15
Budget
Law Enforcement 2,306$ -$ 0.0%203,000$
Fire/Emergency 2,306 - 0.0%47,000
Streets 11,813 407,921 200.0%407,921
Parks/Rec 9,217 - 0.0%-
Open Space 9,769 535 0.0%-
Library/Museum 2,306 43,445 204.4%42,500
Grand Total All Funds 37,717$ 451,901$ 129.0%700,421$
FY14-15 Expenditures by Category - Development Fees
15
Capital Projects Fund
Capital projects are funded with accumulated reserves that were surplus revenues in the
Operating Fund in addition to 50% of sales tax revenues that are derived from construction
activity. Some projects are funded with proceeds from grants or developers; the table below is a summary of revenues for the fiscal year ending June 30, 2015.
YTD
FY14-15
Actual
%
FY14-15
Budget
FY14-15
Budget
Construction Sales Tax 444,155$ 136.8%324,600$
Developer Fee 200,000 100.0%200,000
Bond Proceeds 7,907,086 96.4%8,200,000
Grants 2,387,268 55.3%4,314,000
Misc.43,601 0.0%-
Interest Income 51,587 260.5%19,800
Transfers In 1,705,661 66.1%2,578,693
Grand Total CIP Fund 12,739,358$ 81.5%15,637,093$
FY14-15 Capital Projects Fund Revenues
16
The table below summarizes the projects that were included in the current year budget including the original budgeted expenditure, the year to date expenditures and the percentage of fiscal year
end expenditures. Some of the projects have not started yet and therefore have no expenditures.
YTD
FY14-15
Actual
%
FY14-15
Budget
FY14-15
Budget
5,647$ 0.3%1,640,000$
9,530 19.1%50,000
- 0.0%100,000
- 0.0%200,000
1,096,658 71.9%1,525,000
486 0.0%-
11,711 0.5%2,510,000
107,607 89.7%120,000
- 0.0%100,000
513,717 36.8%1,394,750
- 0.0%300,000
21,997 98.9%22,250
130,473 40.1%325,000
3,832,685 87.9%4,360,000
- 0.0%40,000
3,044,429 37.1%8,200,000
- 0.0%296,000
- 0.0%57,000
- 0.0%380,000
88,125 22.0%400,000
362,151 108.5%333,852
9,225,216$ 41.3%22,353,852$ Grand Total Capital Projects
CONTINGENCY
S6053 FOUNTAIN HILLS BLVD SHOU
S6003 UNPAVED ALLEY PAVING PRO
S6005 SHEA BLVD WIDENING
S6009 DOWNTOWN SIDEWALK PROGRA
S6010 SAGUARO BLVD RECONSTRUCT
S6054 HIGHWAY SAFETY IMPROVEME
FY14-15 Expenditures by Category - Capital Projects
S6056 SHEA BLVD EB BIKE LANE &
F4027 ASSISTANCE TO FIREFIGHTE
F4029 CIVIC CENTER IMPROVEMENT
P3011 FOUNTAIN PARK, PHASE VI
T5011 TS-PALISADES & SAGUARO
P3022 FOUNTAIN LAKE WATER QUAL
P3024 URBAN TRAIL IMPROVEMENTS
D6030 DRAINAGE-ASHBROOK WASH C
D6047 MISC DRAINAGE IMPROVEMEN
E8502 DOWNTOWN VISION PLAN-PHA
F4002 STREET MAINTENANCE FACIL
F4005 FIRE STATION 2 RELOCATIO
E8501 DOWNTOWN VISION PLAN-PHA
E8504 AOTF MEDIAN & RIGHT-OF-W
17
Fund Balances/Reserves
The Town maintains several funds, some of which are restricted for specific purposes; the
Operating Fund is the Town’s main operating fund and has sufficient reserves that satisfy the
Town’s fund balance policy. Development fees are restricted for projects that are related to growth and the Economic Development/Downtown Strategy Funds are designated for downtown development.
Rainy Day Fund 1,345,200$
General Fund 7,120,134
Public Art Fund 10,080
Internal Service Fund -
Vehicle Replacement Fund 457,309
Operating Funds 8,932,723$
Highway User Revenue Fund (HURF)1,552,106 1,552,106
Special Revenue Fund 361
Court Enhancement Fund 274,645
Cottonwoods Maintnenance District Fund 11,389
Special Revenue Funds 286,395
Downtown Strategy Fund 965,964
Economic Development Fund 116,155
Tourism Fund 980
Excise Tax Funds 1,083,099
General Obligation Debt Service Fund 443,834
Eagle Mountain CFD Debt Service Fund 66,720
MPC Debt Service Fund 115,662
Debt Service 626,216
Capital Projects Fund 10,683,869
Facilities Replacement Fund 102,762
Capital Projects 10,786,631
Law Enforcement 203,484
Fire & Emergency 71,127
Streets -
Parks & Recreation 200,964
Open Space 1,660,625
Library/Museum -
Development Fees 2,136,200
Grand Total 25,403,370$
Fiscal Quarter Fund BalancesJune 30, 2015
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:9/3/2015 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 August 6,2015.
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:
<x.W*u^
Bevelyn Bender,Town Clerk 8/27/2015 Grady"E.MilleT,Tjrfwn Manager 7/28/2015
Page 1 of 1
^w*>T0WN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:9/3/2015 Meeting Type:Regular Session
Agenda Type:Consent Submitting Department:Community Services
Staff Contact Information:Rachael Goodwin,Recreation and Tourism Supervisor,480-816-5135
Strategic Planning Goal:NotApplicable (NA)Operational Priority:NotApplicable (NA)
REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a SPECIAL EVENT LIQUOR
LICENSE APPLICATION for the Sons of AmVets #7 (Samuel Coffee)in conjunction with the 2015 Oktoberfest event
to be held at Fountain Park, located at 12925 N.Saguaro Blvd, on Friday and Saturday,September 25-26, 2015, from 5:00
pmto 11:00 pm.
Applicant:Samuel Coffee
Applicant Contact Information:480-216-8238
Property Location:12925 N.Saguaro Blvd,Foutain Hills, AZ 85268
Related Ordinance,Policy or Guiding Principle:A.R.S.§4-203.02;4-244;4-261 and R19-1-228,R19-1-
235,and R19-1-309
Staff Summary (background):The purpose of this item is to obtain Council's approval regarding the special
event liquor license applications submitted by Samuel Coffee representing the Sons of AmVets #7 for
submission to the Arizona Department of Liquor.The special event liquor license applications were reviewed
by staff for compliance with Town ordinances and staff unanimously recommends approval of this special
event liquor license application as submitted.
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:
Budgeted;if No,attach Budget Adjustment Form:na
Recommendation(s)by Board(s)or Commission(s):N/A
Staff Recommendation(s):Approve
List Attachment(s):Applications
SUGGESTED MOTION (for council use):Move to approve the Special Event Liquor Licenses as presented.
Page 1 of 2
TOWN OF FOUNTAIN HILLS
1
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:9/3/2015 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 RESOLUTION 2015-44 for a
Memorandum of Understanding (MOU)with the Arizona Department of Revenue (DOR)concerning performance
expectations.
Applicant:N/A
Applicant Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle:
Staff Summary (background):The Town has signed an Intergovernmental Agreement (IGA)with the
Department of Revenue,as required by statute,for the administration and collection of transaction privilege
taxes (TPT).In the 2013 bill that created the TPT Simplification,certain issues were required to be included in
the IGA that were never in the previous agreements.The IGA covered the issues such as audit,taxpayer
confidentially and the exchange of information between the State and the Town.DOR would not agree to
include any standards or minimum performance measures to hold DOR responsible for improving their service
level to the Town.
Earlier this year when the State budget called for local jurisdictions to reimburse DOR for the services they
provide,one of the conditions required was that DOR had to agree to an MOU that covered performance
expectations.In this way,the payment being coupled with the MOU further indicated a vendor/customer
relationship between DOR and Town,where each side receives something -a critical factor to avoid a Prop
108 issue.Granted,the MOU does not impose penalties for failing to meet the minimum requirements,
however it does make DOR track their performance and regularly report the statistics to cities and towns.
Risk Analysis (options or alternatives with implications):Alternatives do not exist.The MOU is required.
Fiscal Impact (initial and ongoingcosts; budget status): $48,845
Budget Reference (page number):163
Funding Source:General Fund
IfMultiple Funds utilized,list here:
Budgeted;if No,attach Budget Adjustment Form:Yes
Recommendation(s)by Board(s)or Commission(s):N/A
Page 1 of 2
2454950.1
RESOLUTION 2015-44
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE ARIZONA DEPARTMENT OF REVENUE
RELATING TO PERFORMANCE MEASURES FOR PROCESSING MUNICIPAL
TAX MATTERS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Memorandum of Understanding with the Arizona Department of
Revenue relating to establishment of performance measures to promote the timely, efficient and
accurate processing of municipal tax matters (the “MOU”) is hereby approved substantially in
the form and substance attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the MOU and 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,
Arizona, September 3, 2015.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney
2454950.1
EXHIBIT A
TO
RESOLUTION NO. 2015-44
[MOU]
See following pages.
Memorandum of Understanding
Memorandum of Understanding
Between
Arizona Department of Revenue
and
City/Town of Fountain Hills
Background
Administration and collection of local municipal transaction privilege tax and similar
affiliated excise taxes imposed under the Model City Tax Code are governed under
Arizona Revised Statutes Title 42, Chapter 6.
House Bill 2111 (2013 First Regular Session) and House Bill 2389 (2014 Second
Regular Session), as a means of simplifying tax administration, requires the local
municipal transaction privilege and affiliated excise taxes to be collected and
administered by the Arizona Department of Revenue (“DOR”). In addition, DOR and
each city and town shall enter into an intergovernmental agreement to establish a
uniform method of administration, collection, audit, and licensing. House Bill 2617 (2015
First Regular Session) requires DOR to impose fees on cities and towns to pay a
portion of administrative, program and other operating costs for DOR to provide
administrative and collection services to local governments.
Purpose
In furtherance of this mission and the fees imposed by House Bill 2617, this
Memorandum of Understanding (MOU) sets forth the understanding between the DOR
and the City/Town of Fountain Hills (“City/Town”) to establish performance measures to
promote the timely, efficient and accurate processing of municipal tax matters.
Reporting
Appendix A, which was created by a team of representatives from DOR and the cities
and towns, focuses on the performance measures in the operational areas of
Administration, Customer Service, AZTAXES.gov, Audit, and Collections.
Duration
The term of this MOU shall be from July 1, 2015 through June 30, 2016.
Annual Review
During the term of this MOU, the Appendix A may undergo an annual review to be
completed no later than March 31st of each year, however can be delayed or canceled if
determined no review is necessary. The performance measures may be modified by
DOR and the cities and towns upon mutual agreement during the annual review
process. These performance measures are goals. Payments due from cities and towns
are required by law, and not contingent upon DOR meeting the goals.
Arizona Department of Revenue City/Town of Fountain Hills
Attn: Director, Division Code 20 Attn: Town Manager
1600 W. Monroe 16705 E. Avenue of the Fountains
Phoenix, AZ 85007 Fountain Hills, AZ 85268
_____________________Date:_______ _____________________Date:_______
Director Grady E. Miller, Town Manager
Arizona Department of Revenue City/Town of Fountain Hills
MOU Performance Measures 07-16-15 FINAL.xlsx Page 1 of 5
Performance Category Goal/Objective Performance Measurement Report
Frequency
Additional Info
Administration
New licenses processed To process new license applications
within 5 days of receipt
1. average # of days to process a new license
application 2. % of new license applications
processed within 5 days of receipt
Monthly
License Modifications/Cancellations To process license
modifications/cancellations received
by the 25th of the month by the end of
the month.
# of license modifications/cancellations
remaining at the end of the month
Monthly
Clean cut off by calendar month activity on all
monthly activity reports
DOR will ensure that all money
deposited within a calendar month and
all returns received within a calendar
month will be processed within that
accounting month and money
distributed for that month.
1. Close the previous accounting month by the
15th of the following month. 2. Beginning
January, 2016, to distribute money from 2
accounting months during the first 2 weeks of
the new accounting month.
Monthly
All TPT Tax Returns processed including
amendments, modifications, adjustments, etc.
To process all TPT tax returns within an
average of 4 calendar days.
Average # of days to process a TPT tax return/%
of TPT tax returns processed within 4 calendar
days
Monthly
TPT Deposits Payments processed and deposited
within 24 hours of receipt
Average # of days to deposit TPT money Monthly
Distribution or Allocation errors Notify affected cities of distribution or
allocation error within 5 business days
of identification
As needed
Month End City Journals To complete the month-end
reconciliation process and issue the
City Payment Journals by the 15th of
the next calendar (accounting) month.
1. Number of calendar days to issue the City
Payment Journal. 2. Percent of months in
which report was issued prior to the 15th
calendar day of the month.
Monthly
Customer Service
Cities Unit - Request for Research To provide feedback to city requests
for research by establishing contact
with Cities Unit employee within 10
days.
1. Average # of days to provide feedback to city
requests for research. 2. # of days for
resolution of city request.
Monthly
Appendix A
MOU Performance Measures 07-16-15 FINAL.xlsx Page 2 of 5
Performance Category Goal/Objective Performance Measurement Report
Frequency
Additional Info
Appendix A
Cities Unit - Request for Research - License
Compliance
To respond to city requests for license
information within 5 days of request
Average # of days to respond to a city request
for license information
Monthly Report fields to include, but
not limited to; Business Name,
Business Address, Owner
Information.
TIA - Incoming Calls from Businesses To respond to business taxpayer calls
within 15 minutes.
Average # of minutes to respond to a business
taxpayer call
Monthly
AZTaxes
Electronic return filings To increase the percentage of TPT
taxpayers who file electronically to 40%
% of TPT taxpayers who file electronically Monthly June 2015: 24%
AZTaxes online and available To ensure that AZTaxes.gov is available
for taxpayers use 24/7
% of time AZTaxes.gov is available Monthly
Audit
Comprehensive Audit Report(s) that includes
the following items:
To produce a comprehensive audit
report bi-monthly to disseminate at
the bi-monthly UAC meeting or email
to non-UAC member cities.
1. Comprehensive TPT Audit Report designed
by the UAC meeting in September, 2015. 2. %
of bi-monthly UAC meetings in which report
was ready for discussion.
Bi-monthly
a. Planned Audits
b. Request for Audits
c. Audits in Progress for All Cities
d. Completed Audits for All
Cities/towns
e. VDAs
f. Managed Audits
g. Audit Penalty Waivers
h. Refund Requests
i. Protests
j. Settlements/Closing Agreements
In State Audits (Field & Desk Review)Average # of months to complete an In State
audit/ % of In State audits completed within 7
months of opening the audit
Monthly
MOU Performance Measures 07-16-15 FINAL.xlsx Page 3 of 5
Performance Category Goal/Objective Performance Measurement Report
Frequency
Additional Info
Appendix A
Out of State Audits Average # of months to complete an Out of
State Audit/% of Out of State Audits completed
within 18 months of opening the audit
Monthly
License Compliance/Enforcement Report to be designed by September 2015 UAC
meeting based upon License Compliance
database. Consideration being given to sharing
of data between DOR and cities and towns with
licensing programs.
Monthly
Audit Assessments To process an audit conducted by
city/town within 10 business days of
receiving a complete and accurate file
Average # of days to process an audit
conducted by city/town once a complete and
accurate file was received
Monthly
Collections
DOR Comprehensive Collections Report that
includes the following information:
To provide Collections information
pertaining to TPT accounts by the end
of the following week.
1. # of reports issued weekly 2. % of weeks
report was issued
Weekly Modification of existing DOR
internal report to include
Status, total AR balance, etc.
(Cannot be distinguished by
city/town balances).
Open/Closed/In Progress
Collection Cases
a. Payment Plans Identifies accounts on payment plans
b. Liens Identifies accounts with filed liens
c. Levies Identifies accounts that have been
d. Judgments Identifies accounts that have
judgments filed
DOR does very few, if any, TPT
e. Bankruptcies Identifies accounts in bankruptcy
status
Modification of existing DOR
internal report to include
Status, total AR
MOU Performance Measures 07-16-15 FINAL.xlsx Page 4 of 5
Performance Category Goal/Objective Performance Measurement Report
Frequency
Additional Info
Appendix A
Liquor Tag To provide Collections information
pertaining to TPT accounts with a
Liquor Tax by the end of the following
week.
1. # of reports issued weekly 2. % of weeks
report was issued
Weekly DOR will have to issue a
separate report for Liquor Tag
information.
Accounts Receivable - Aging Report Summary report of TPT activity Monthly
REPORTS FROM DOR
New License Report (modification of existing
report)
To issue report each week by noon on
Tuesday via FTP to city/town
1. # of reports issued by noon on Tuesday of
each week 2. % of weeks in which reports
were issued by noon on Tuesday
Weekly All reports are listed in the IGA
License Update Report (new report)To issue report each week by noon on
Tuesday via FTP to city/town
1. # of reports issued by noon on Tuesday of
each week 2. % of weeks in which reports
were issued by noon on Tuesday
Weekly
City/town Payment Journal Detail (CPJ)
(modification of existing report)
To issue report each week by noon on
Tuesday via FTP to city/town
1. # of reports issued by noon on Tuesday of
each week 2. % of weeks in which reports
were issued by noon on Tuesday
Weekly
City/town Payment Journal Summary
(modification of existing report)
To issue report each week by noon on
Tuesday via FTP to city/town
1. # of reports issued by noon on Tuesday of
each week 2. % of weeks in which reports
were issued by noon on Tuesday
Weekly
No money report (new report, data currently
shown on CPJ) also includes delinquency
information
To issue report within 15 calendar days
after the close of the preceding month
via FTP to city/town
1. # of reports issued by the 15th calendar day
of the following month 2. % of months in
which report was issued prior to the 15th
calendar day of the month
Monthly Filed and not paid/Licensed
but not filed
Fund Distribution Report with 100% accuracy To issue report each week by noon on
Tuesday via FTP to city/town
1. # of reports issued by noon on Tuesday of
each week 2. % of weeks in which reports
were issued by noon on Tuesday
Weekly
Fund Distribution Summary Report (new report)To issue report each week by noon on
Tuesday via FTP to city/town
1. # of reports issued by noon on Tuesday of
each week 2. % of weeks in which reports
were issued by noon on Tuesday
Weekly
Deduction Report (new report)To issue report each week by noon on
Tuesday via FTP to city/town
1. # of reports issued by noon on Tuesday of
each week 2. % of weeks in which reports
were issued by noon on Tuesday
Weekly
SLUG Reporting
MOU Performance Measures 07-16-15 FINAL.xlsx Page 5 of 5
Performance Category Goal/Objective Performance Measurement Report
Frequency
Additional Info
Appendix A
Create system for cities to appeal to SLUG To create a process for town/city to
appeal to SLUG
The process is documented by January 1, 2016
Select SLUG members To select the members of SLUG
committee by January 1, 2016
Members selected and documented by January
1, 2016
2439573.1
RESOLUTION 2015-40
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE COOPERATIVE PURCHASING NETWORK TO
PURCHASE COMMODITIES OR SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Intergovernmental Agreement with Region 4 Education Service
Center, known as The Cooperative Purchasing Network (“TCPN”), authorizing the Town to
purchase commodities or services through TCPN contracts (the “Agreement”) is hereby
approved in substantially the form and substance attached hereto as Exhibit A and incorporated
herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Agreement and 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,
Arizona, September 3, 2015.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney
2439573.1
EXHIBIT A
TO
RESOLUTION 2015-40
[Agreement]
See following pages.
1
INTERLOCAL AGREEMENT
Region 4 Education Service Center
Contracting Parties
School District or Public Entity County-District Number
Region 4 Education Service Center 101 - 950
County-District Number
This Interlocal Agreement (“Agreement”) is made and entered into by and between the above parties,
Region 4 Education Service Center (“Cooperative”) and _______________________ (“Member”).
I. RECITALS
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code authorizes local government entities to enter into agreements to perform governmental functions and services,
including purchasing; and
WHEREAS, cooperative purchasing is further authorized pursuant to Section 271.101, et, seq., of
the Texas Local Government Code; and
WHEREAS, Region 4 Education Service Center has established and operates a purchasing
cooperative known as TCPN; and
WHERAS, the Arizona Revised Statute § 11-952 authorizes its local government entities to enter into agreements with public procurement units such as Region 4 Education Service Center (a political
subdivision of the State of Texas), pursuant to Arizona Revised Statute § 11-951.
WHERAS, Arizona school districts have authority to enter into cooperative purchasing agreements with public procurement units such as Region 4 Education Service Center pursuant to Arizona Revised Statute § 41-2631 et seq; Arizona Revised Statute § 15-213; and Ariz. Admin.Code R7-2-1191.
WHEREAS, the purpose of this Agreement is to increase the effectiveness and efficiency of
government entities through volume purchasing, insure compliance with state procurement requirements, identify qualified vendors of commodities, goods and services;
NOW THEREFORE, in consideration of the mutual covenants, promises and obligations contained
herein, the parties agree as follows.
2
II. TERMS AND CONDITIONS 1. Term. The initial term of this Agreement shall commence on the date it is executed by both parties
and shall automatically renew for successive one-year terms unless either party provides thirty (30)
days written notice of non-renewal; however, the term of this Agreement shall not extend beyond
five years. 2. Termination. This Agreement may be terminated by either party at any time by thirty (30) days
prior written notice. Such termination by the Member does not relieve the Member of its financial
obligation to make payment for any and all purchases made from vendors under this Agreement.
3. Cooperative Duties (a) Provide for the organizational and administrative structure of the Cooperative.
(b) Provide for the operation and management of the Cooperative.
(c) Prepare, or cause to be prepared, all procurement documents and advertisements in accordance
with Chapter 44 of the Texas Education Code or Chapter 2267 of the Texas Government Code and any corresponding Arizona statutes, as applicable. (d) Evaluate responses to solicitations.
(e) Award contracts for use by Members.
(f) Track all purchases by Members from awarded Vendors.
(g) Monitor Vendor performance. (h) Assist in facilitating the resolution of disputes between Members and Awarded Vendors when Requested; however, the Member is solely responsible for the commencement, defense,
prosecution, intervention or participation in any judicial, administrative or other proceeding
related to the Member’s purchase from the Vendor.
4. Member Duties (a) Execute this Interlocal Agreement.
(b) Designate a contact person for the Cooperative. The Member represents that the contact person
for the Cooperative has the express authority to represent and bind the Member in all matters
related to the Cooperative. (c) Utilize the Cooperative when the Member, in its sole judgment, determines it to be in the best interest of the Member.
(d) Make timely payments to the Vendor in accordance with the terms and conditions of the
applicable procurement documents for the goods, materials and services received. Payment for
goods, materials and services and inspections and acceptance of goods, materials and services ordered by the procuring Member shall be the exclusive obligation of the procuring Member, and not the Cooperative.
(e) Negotiate and secure any ancillary agreements from the vendor on such other terms and
conditions, including provisions relating to insurance or bonding, that the Member deems
necessary or desirable under state or local law, local policy or rule, or within its business judgment.
3
III. GENERAL PROVISIONS 1. Amendment by Notice. The Cooperative may amend this Agreement, provided that prior written
notice is sent to the Member at least 60 days prior to the effective date of any change described in
such amendment and provided that the Member does not terminate its participation in the
Cooperative before the expiration of 60 days. 2. Authorization to Participate and Compliance with Local Policies. The Member represents and
warrants that its governing body has duly authorized its participation in the Cooperative and that the
Member will comply with all state and local laws and policies pertaining to purchasing of goods and
services through its membership in the Cooperative.
3. Cooperation and Access. The Member agrees that it will cooperate in compliance with any
reasonable requests for information and/or records made by the Cooperative. The Cooperative
reserves the right to audit the relevant records of any Member. Any breach of this provision shall be
considered material and shall make the Agreement subject to termination on ten (10) days written
notice to the Member.
4. Member Contact. The Member reserves the right to change the Contact as needed by giving written
notice to the Cooperative. Such notice is not effective until actually received by the Cooperative.
5. Current Revenue. The Member hereby warrants that all payments, fees, and disbursements required of it hereunder shall be made from current revenues budgeted and available to the Member.
6. Defense and Prosecution of Claims. The Member authorizes the Cooperative to regulate the
commencement, defense, intervention, or participation in a judicial, administrative, or other
governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute
resolution, or other appearances of the Cooperative in any litigation, claim or dispute which arises from the services provided by the Cooperative on behalf of its members, collectively or individually.
Neither this provision nor any other provision in this Agreement will create legal duty for the
Cooperative to provide a defense or prosecute a claim; rather, the Cooperative may exercise this
right in its sole discretion and to the extent permitted or authorized by law. The Member shall
reasonably specific revocation, the Member hereby designates the Cooperative to act as a class representative on its behalf in matters arising out of this Agreement.
7. Legal Authority. The Member represents and warrants to the Cooperative the following:
(a) It meets the definition of “Local Government” or “State Agency” under the Interlocal Cooperation Act (“Act”), Chapter 791 of the Texas Government Code.
(b) The functions and services to be performed under the Agreement will be limited to
“Administrative Functions” as defined in the Act, which includes purchasing.
(c) It possesses the legal authority to enter into this Agreement and can allow this Agreement to
automatically renew without subsequent action of its governing body. (d) Purchases made under this Agreement will satisfy all procedural procurement requirements that
the Member must meet under all applicable local policy, regulation, or state law.
(e) All requirements—local or state‒for a third party to approve, record or authorize the Agreement
have been met.
4
8. Limitation of Liability. Without waiver of the disclaimer or other limitation of liability in this
Agreement, the parties agree that:
(a) Neither party waives any immunity from liability afforded under law, except that the parties
agree that this constitutes an agreement for the provision of services and is subject to
Subchapter I, Chapter 271, of the Texas Government Code;
(b) In regard to any lawsuit or formal adjudication arising out of or relating to this Agreement, neither party shall be liable to the other under any circumstance for special, incidental,
consequential, or exemplary damages;
(c) The maximum amount of damages recoverable will be limited to the amount of fees which the
Cooperative received as a direct result of the Member’s purchase activity, within 24 months of
when the lawsuit or action was filed; and (d) In the event of a lawsuit or formal adjudication the prevailing party will be entitled to recover
reasonable attorney’s fees pursuant to Section 271.159 of the Texas Local Government Code.
(e) Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties
further agree to limit the liability of the Cooperative’s management contractor, R4 Enterprises
LLC, up to the maximum amount each received from or through the Cooperative, as a direct result of the undersigned Cooperative Member’s purchase activity, within 24 months of the
filing of any lawsuit or action.
9. Limitation of Rights. Except as otherwise expressly provided in this Agreement, nothing in this
Agreement is intended to confer upon any person, other than the parties hereto, any benefits, rights, or remedies under or by reason of this Agreement.
10. Notice. Any written notice under this agreement shall be made by first class mail, postage prepaid,
and delivered to the following
Cooperative: Member:
11. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any
reason, the remaining portions shall continue in full force and effect.
12. Signatures/Counterparts. The failure of a party to provide an original, manually executed signature
to the other party will not affect the validity, enforceability or binding effect of this Agreement
because either party may rely upon a facsimile signature as if it were an original. Furthermore, this
Agreement may be executed in several separate counterparts, each of which shall be an original and all of which shall constitute one and the same instrument.
13. Warranty. By execution and delivery of this Agreement, the undersigned individuals warrant that
they have been duly authorized by all requisite administrative action required to enter into and
perform the terms of this Agreement.
5
14. Payment. Payment for materials and services and inspection and acceptance of materials or services
ordered by Member under this cooperative purchasing agreement shall be the exclusive obligation of
such Member;
15. Rights and Remedies. The exercise of any rights or remedies by a Member shall be the exclusive obligation of such Member;
16. Termination for Failure to Comply. Any Member may terminate without notice this cooperative
purchasing agreement if another eligible procurement unit fails to comply with the terms of the
contract.
17. Securing Performance. Failure of an eligible procurement unit to secure performance from the
contractor in accordance with the terms and conditions of its purchase order does not necessarily
require any other Member to exercise its own rights or remedies.
18. Cancellation. The Member reserves all rights that it may have to cancel this Agreement for possible conflicts of interest under Ariz. Rev. Stat. § 38-511, as amended.
19. E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the parties warrant
their 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). A party's breach of the above-mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement by either party under the terms of this Agreement. The parties
each retain the legal right to randomly inspect the papers and records of the other party to ensure that
the other party is complying with the above-mentioned warranty. The parties warrant to keep their
respective papers and records open for random inspection during normal business hours by the other party. The parties shall cooperate with the other party's random inspections including granting the
inspecting party entry rights onto their respective properties to perform the random inspections and
waiving their respective rights to keep such papers and records confidential.
20. Sudan/Iran. The parties hereby warrant, and represent to each other, that they do not have and
during the term hereof will not have a "scrutinized business operation" in either Sudan or Iran as defined under A.R.S. § 35-391 et seq.
6
Public Entity Region 4 Education Service Center
By__________________________________ By____________________________________
Authorized Signature Authorized Signature
Region 4 ESC Chief Financial Officer
Title Title
Date Date
Contact Person Telephone Number
robert.zingelman@esc4.net
Title of Contact Email Address
Street Address
City, State Zip
Contact's Telephone Number
Email Address
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:9/3/2015 Meeting Type:Regular Session
Agenda Type:Consent 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 approving RESOLUTION 2015-45 abandoning whatever right, title, or interest the Town
has in a certain HILLSIDE PROTECTION EASEMENT on property located at 9511 Technology Drive.
(Case #HPE 2015-10)
Applicant:Charles Larkin,CWL Trust
9511 Technology Drive
Fountain Hills, AZ 85268
(480)323-0998
Property Location:9511 Technology Drive
Fountain Hills,AZ 85268
Related Ordinance,Policy or Guiding Principle:
Fountain Hills Zoning Ordinance Chapter 5,Section 5.11
Fountain Hills Subdivision Ordinance Article 5,Section 5.04
Staff Summary (background):
The property owner is requesting that the Town abandon the existing HPE in the Firerock Commerce Park
because the new Hillside Protection regulations will no longer require the easement.
Abandonment of the easement will allow for more flexibility in the development of this industrially zoned
property.
Risk Analysis (options or alternatives with implications):
Approval will allow the property owner to remove the HPE from their property.
Denial will require that the applicants keep the HPE on their property as-is with no boundary changes.
Fiscal Impact (initial and ongoing costs;budget status):None
Budget Reference (page number):NA
Funding Source:NA
IfMultiple Funds utilized,listhere: NA
Page 1 of 2
2448334.1
RESOLUTION 2015-45
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN HILLSIDE PROTECTION
EASEMENT LOCATED WITHIN THE FIREROCK COMMERCE PARK, LOT
1, FOUNTAIN HILLS, ARIZONA.
WHEREAS, in conjunction with development of the Firerock Commerce Park, a Hillside Protection Easement was dedicated to the Town of Fountain Hills (the “Town”), as
recorded with the Final Plat of Firerock Commerce Park on July 23, 2008, in the Maricopa
County Recorder’s Office, in Book 997, Page 28 as Document No. 2008-0642600 (the “HPE”)
as depicted on Exhibit A, attached hereto and incorporated herein by reference; and
WHEREAS, the current owner of Lot 1 of the Firerock Commerce Park, a/k/a 9511 Technology Drive, located within the Town, as depicted on Exhibit A (the “Property”), desires to
construct an industrial building on the Property; and
WHEREAS, on October 16, 2014, the Fountain Hills Town Council (the “Town Council”) adopted Ordinance 14-08, modifying the hillside preservation requirements to
eliminate the need for a hillside protection easement for non-residential property in commercial
and industrial zoning districts; and
WHEREAS, the Property is currently zoned industrial (IND-2 I.U.P.D.) and is limited to non-residential uses; and
WHEREAS, the Town Council has determined that it is necessary and proper to abandon
the HPE.
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 HPE, located as shown on Exhibit A, is hereby abandoned.
SECTION 3. The Town Manger or authorized designee is hereby authorized and
directed to cause this Resolution to be recorded in the Maricopa County Recorder’s Office.
SECTION 4. 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.
[SIGNATURES ON FOLLOWING PAGE]
2448334.1
2
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
September 3, 2015.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney
2448334.1
EXHIBIT A
TO
RESOLUTION NO. 2015-45
[Map]
See following page.
2447936.1
RESOLUTION 2015-42
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST IT HAS IN THE CERTAIN HILLSIDE PROTECTION
EASEMENT LOCATED WITHIN THE LAS MONTANAS DEL SOL
SUBDIVISION, LOTS 4 AND 5, FOUNTAIN HILLS, ARIZONA.
WHEREAS, in conjunction with development of the Las Montanas Del Sol subdivision,
the prior owners granted the Town a Hillside Protection Easement over the areas with 10% or
greater slopes, as recorded with the subdivision plat on January 26, 2006, in the Maricopa
County Recorder’s Office, in Book 809, Page 2 as Document No. 2006-0115998 (the “HPE”) as
depicted on Exhibit A, attached hereto and incorporated herein by reference; and
WHEREAS, the current owner of residential Lots 4 and 5 of the Montanas Del Sol
Subdivision, a/k/a 16431 and 16442 East Los Siete Court located within the Town of Fountain
Hills (the “Town”), as described on Exhibit B, which is incorporated herein by reference (the
“Property”) desires to construct homes on the Property; and
WHEREAS, on October 16, 2014, the Fountain Hills Town Council (the “Town
Council”) adopted Ordinance 14-08, modifying the hillside preservation requirements to
eliminate the need for a hillside protection easement for slope areas less than 20%; and
WHEREAS, there are currently no portions of the Property with hillside slopes in excess
of 20%; and
WHEREAS, the Town Council has determined that it is in the best interests of the Town
to abandon the HPE.
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 HPE, located as shown on Exhibit A, is hereby abandoned.
SECTION 3. The Town Manger or authorized designee is hereby authorized and
directed to cause this Resolution to be recorded in the Maricopa County Recorder’s Office.
SECTION 4. 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.
[SIGNATURES ON FOLLOWING PAGE]
2447936.1
2
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
September 3, 2015.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney
2447936.1
EXHIBIT A
TO
RESOLUTION NO. 2015-42
[Map]
See following page.
2447936.1
EXHIBIT B
TO
RESOLUTION NO. 2015-42
[Legal Description]
See following page.
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:9/3/2015 Meeting Type:Regular Session
Agenda Type:Consent Submitting Department:Development Services
Staff Contact Information:Bob Rodgers,Senior Planner,480-816-5138,rrodgers@fh.az.gov
Strategic Priority:Not applicable Council Goal:Not applicable
REQUEST TO COUNCIL:
CONSIDERATION of approving the FINAL REPLAT at 16207 &16149 E Saguaro Blvd, AKA Plat 415,Lots 19
& 20 (APN's 176-09-380,176-09-381).Case # S 2015-05
Applicant:John Jay Knapp
Applicant Contact Information:E.Sunflower Dr.
Fountain Hills,AZ 85268
Property Location:16207 &16149 E Saguaro Blvd,
Fountain Hills,AZ 85268
Related Ordinance,Policy or Guiding Principle:
Fountain Hills Subdivision Ordinance ,Section 2.07 Replats
Staff Summary (background):
The property owner is requesting a lot line adjustment on two adjacent house lots in order to reconfigure them
so that they face Tombstone Avenue rather than Saguaro Blvd.
The amended property line will not create any non-conformities and both lots will continue to meet the
minimum frontage and area zoning requirements.
Risk Analysis (options or alternatives with implications):
Approval of the re-plat will allow the applicant to reconfigure their two lots.
Disapproval will require the applicant to keep the existing lot configurations.
Fiscal Impact (initial and ongoing costs;budget status):None anticipated
Staff Recommendation(s):
Staff believes that allowing the lots to be reconfigured will not be detrimental to the neighborhood.The
proposed re-plat conforms to the Town's Zoning Ordinance and Subdivision Ordinance requirements.Staff
recommends approval of the replat as presented.
Page l of2
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:9/3/2015 Meeting Type:Regular Session
Agenda Type:Consent Submitting Department:Development Services
Staff Contact Information:Randy Harrel,Town Engineer
Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA)
REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of RESOLUTION 2015-46,abandoning whatever
right, title, or interest the Town has in the certain Drainage Easement located within Firerock Parcel D Lot 28, as recorded
in 2000-0537846 MCR,with stipulation.EA2015-10 (Maley)
Applicant:Patrick A.and Kathryn M.Maley
Applicant Contact Information:Tele.
Property Location:9635 N.Rock Ridge Trail
Related Ordinance,Policy or Guiding Principle:N/A
Staff Summary (background):
[Related pending actions: Grant of Easement EAA 2015-04.Building Permit:2015-279).
Firerock Parcel D Lot28 (9635 Rock Ridge Trail)was originally platted with a Drainage Easement located on
the lot,to convey the drainage flow across the lot.The Town Council approved abandonment of the platted
Drainage Easement (EA00-22; Resolution 2000-35; July 6, 2000; recorded at 2000-0537838 on 7-14-00); and
the property owner granted an acceptable replacement Drainage Easement immediately following that
recordation (EAA00-05;recorded at 2000-0537846 on 7-14-00) to be able to better place his proposed house
on this lot. No physical rerouting of the drainage was performed as a requirement of those abandonment/grant
of easement actions,and no drainage rerouting nor home construction has ever occurred on this lot.
The current property owner wishes to return to the originallly platted drainage easement location. So, this Town
Council action abandons the current Drainage Easement,subject to a stipulation that the owner grant a
replacement drainage easement (which is the same drainage easement location as the originally platted
easement).(Note: The owner has had the easement map and legal desciption prepared for the grant ofthat
replacement drainage easement,those unexecuted documents are attached to this Staff Report, and the grant
ofthat replacement Drainage Easement (EAA 2015-04)is a stipulation of this abandonment.)
The current propertyowner has recently (7-28-15) submitted a building permitapplication(BP 2015-279) to
construct a house on this lot.Recordation of this abandonment (as well as recordation of the replacement
drainage easement)is needed priorto Town Staff approval of the applicant's Building Permit application.
Page 1 of 2
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 9/3/2015 Meeting Type: Regular Session
Agenda Type:Consent Submitting Department:Administration
Staff Contact Information:Grady Miller,Town Manager
Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA)
REQUEST TO COUNCIL (Agenda Language):Consideration of approving Resolution 2015-43,which terminates an
Intergovernmental Agreement between the Town of Fountain Hills and Maricopa County for the Maricopa County
Sheriffs Office space at the prior Town Hall location.
Applicant:N/A
Applicant Contact Information:N/A
Property Location:N/A
Related Ordinance,Policy or Guiding Principle:Intergovernmental Agreement between Town of Fountain
Hills and Maricopa County
Staff Summary (background):In 1996 the Town of Fountain Hills entered intoan intergovernmental
agreement with Maricopa County to provide office space to the Maricopa County Sheriffs Office in the old town
hall.This intergovernmental agreement pre-dates the existing intergovernmental agreement that contractually
obligates the Maricopa County Sheriffs Office to provide law enforcement services to the Town of Fountain
Hills.
The 1996 intergovernmental agreement should have been terminated at the time that the Town of Fountain
Hills began contracting out its law enforcement services to the Maricopa County Sheriffs Office.Since the
1996 intergovernmental agreement self-renews at the beginning of each fiscal year, it requires action on the
part of the Mayor and Council to officially terminate this intergovernmental agreement.
Council approval of Resolution 2015-43 will not impact law enforcement services in Fountain Hills currently
provided by the Maricopa County Sheriffs Office.
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:
Budgeted;if No,attach Budget Adjustment Form:na
Recommendation(s)by Board(s)or Commission(s):N/A
Page 1 of 2
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:9/3/2015 Meeting Type:Regular Session
Agenda Type:Regular Submitting Department:Administration
Staff Contact Information:Craig Rudolphy /Finance Director (480)816-5162
Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA)
REQUEST TO COUNCIL (Agenda Language):Consideration of a LIQUOR LICENSE APPLICATION submitted by
Penny G.Zimmerman,Owner/Agent of Nonna Jeans LLC DBA Monroes Bar and Grill,located at 13014 N.Saguaro
Blvd #101,Fountain Hills AZ.This is for a series 12 Restuarant.
Applicant:Penny G.Zimmerman
Applicant Contact Information:480-816-5622
Property Location:13014 N.Saguaro Blvd #101 Fountain Hills.AZ
Related Ordinance,Policy or Guiding Principle:A.R.S.§4-201;4-202;4-203 &4-205 and R19-1-102 and
R19-1-311.
Staff Summary (background):The purpose of this item is to obtain Council's recommendation regarding a
liquor license application for a Series 12 (Restaurant)liquor license submitted by Penny G.Zimmerman,
owner/agent of Norma Jeans,LLC DBA Monroes Bar and Grill for submission to the Arizona Department of
Liquor.The application was reviewed by staff for compliance with Town ordinances.See attached
Departmental Recommendation form. A memo from the Sherriffs office is attached and is recommending
denial.
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:
Budgeted;if No,attach Budget Adjustment Form:NA
Recommendation(s)by Board(s)or Commission(s):N/A
Staff Recommendation(s):See Attached
List Attachment(s):Front page of the application,staffs'recommendation,Sherriff's memo
Page 1 of 2
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:9/3/2015 Meeting Type:Regular Session
Agenda Type:Regular Submitting Department:Community Services
Staff Contact Information:Rachael Goodwin,Recreation and Tourism Supervisor,480-816-5135
Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA)
REQUEST TO COUNCIL (Agenda Language):'CONSIDERATION of a SPECIAL EVENT APPLICATION for the
FOUNTAIN BIKE FEST event presented by the Fountain Hills Chamber of Commerce,to be held in Fountain Hills
Friday, April 8,through Sunday, April 10,2016.The event will feature multiple rides including a criterion race, circuit
and long distance endurance options that will require variable road closures throughout the weekend. The event will run
from 12:00 pm to 9:00 pm on Friday, 7:00 am to 8:00 pm Saturday,and 7:00 am to 5:00 pm Sunday.
Applicant:Sharon Morgan
Applicant Contact Information:480-837-1654 ext 230
Property Location:Fountain Park,12925 N.Saguaro Blvd,Fountain Hills
Related Ordinance,Policy or Guiding Principle:A.R.S.§4-203.02;4-244;4-261 and R19-1-228,R19-1-
235,and R19-1-309
Staff Summary (background):The Fountain Bike Fest is new event underdevelopment by the Fountain Hills
Chamber of Commerce in conjunction with McDowell Mountain Cycles,Fountain Hills Bikes, McDowell
Mountain Regional Park and others.The event is designed to be a family-festival atmosphere that features
competitive bike races,children's bike activities and entertainment throughout the weekend.As a first time
event,attendance is unknown at this time.There are no festival entry fees expected for this event,fees will be
limited to participant registrations for the various rides.Subject to the success of the event,organizers are
anticipating this event to become an annual occurrence.
Four race rides are expected to be part of the event.The first race,to be held Friday evening,is a criterion-
style event where riders race on a closed course to complete as many laps possible.The proposed route for
this event will impact local businesses located within Plaza Foutainside.Owners in the shopping plaza have
been made aware and many have submitted a letter of support for the event.
The second race is the Road Circuit Challenge that features a loop around the primary roads of Fountain Hills.
This event is designed for riders to complete as many laps as capable with the possibility of a fund-raising
component for a charity cause.
The final two events are endurance,cross-country style events with a 35 mile or 50 mile option. Both of these
routes are proposed to use both Town roads and trails on McDowell Mountain Regional Park. Park staff have
already given their support and initial approval of this event.All courses have been evaluated by the Town
Street Superintendant for preliminary approval. Formal road closure documents will be obtained pending event
Page 1 of 2
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 9/3/2012 Meeting Type:Regular Session
Agenda Type:Regular Submitting Department:Community Services
Staff Contact Information:Mark Mayer -mmaver(a)fh.az.gov /(480)816-5190
Strategic Planning Goal: NotApplicable (NA)Operational Priority:NotApplicable (NA)
REQUEST TO COUNCIL (Agenda Language):Update regarding the Technology Learning Center's future use
of space in the Community Center
Applicant:N/A
Applicant Contact Information:N/A
Property Location:N/A
Related Ordinance,Policy or Guiding Principle:N/A
Staff Summary (background):At the Council meeting of May 21,2015 staff indicated that the existing
exclusive use of the space by the TLC at the Community Center on an annual lease basis was to expire
on July 31.Staff and the Community Services Advisory Commission Work-Group had been meeting
with TLC staff on use of the room so that the previous arrangement could be changed whereby use of
the space by the Activity Center,the Community Center and the public and TLC could all be
accommodated.Both the Commission and staff asked that the existing lease be extended until
September 28,so that discussions between the parties could continue.Council agreed at that same
meeting to extend the lease as requested.
Since that time a number of meetings have been held with the Commission Work-Group,staff and the
TLC staff including Ralph Craner and Kathy Mullen.TLC and the Commission Work-Group and staff
have reached an agreement that is agreeable to all sides and provides greater access to the space
formerly solely occupied by TLC.TLC has agreed to the following:
1)To enter into a contract for the space at the prevailing Not-for-Profit rate for their classes.
Currently,that rate is $35 /hour.
2) TLC will have up to seven days before the start of the class to cancel,which is the same time
period allowed for program cancellation by the Town's Recreation Division for their programs.
3) TLC would be billed monthly for their use as is done for the other year round long-term user of
the Center,the NutriSystem group.
4) TLC will be eliminating their hard wired computers and be replacing them at their expense with
wireless tablets,ipads,etc.
5)The former Computer Lab will now be offered by the Activity Center as one of their activities to
the public free of charge and would be staffed weekly by volunteers from TLC.
Page 1 of 2
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:9/3/2015 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:Not Applicable (NA)Operational Priority:Environmental Fee
REQUEST TO COUNCIL (Agenda Language):PRESENTATION of the propsoed Contract with American Metering
Services,Inc.,dba AMS Billing Services,to implement the environmental fee adopted by Council on November 20,2014
and proposedpublic notification process.
Applicant:
Applicant Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle:
Staff Summary (background):At the October 2,2014,Council meeting,Council directed staff to provide
information about developing and implementing a Town-wide storm water/environmental fee.At the November
20,2014,Council meeting,Council approved a $3.00 per month fee per parcel to offset the costs of an
Environmental Program for the Town of Fountain Hills.Staff conculded that the most efficient method of
implementing this fee was to outsource the billing and collection process,primarily due to lack of staff to
administer appproximately 15,000 individual bills.A Request for Proposals (RFP)was prepared and released
on May 27,2015.Responses were due and received on June 30.Only one response was received.The
response was reviewed by staff and found to meet the reqiurements of the RFP.The process will result in
mailing one bill annually to each parcel owner in the Town,tentatively scheduled for January 2016.The
contract will be placed on the September 17,2015,Consent Agenda for Council approval so that the public
notification process can take place in a timely manner prior to the Fountain Hills residents receiving their first
bill.
Risk Analysis (options or alternatives with implications):Many items included in the new Environmelntal Fund
FY15-16 budget totaling $639,241 would not be able to be completed.The General Fund budget would need
to be diverted from existing programs to fund those programs in the Environmental Fund that are mandated by
the Environmental Protection Agency (EPA),the Arizona Department of Environmental Quality (ADEQ)and the
Arizona Department ofWater Resources (ADWR).
Fiscal Impact (initial and ongoing costs; budget status): $540,000
Budget Reference (page number): 96;269-272
Funding Source:Multiple Funds
if Multiple Funds utilized,listhere:General Fund;Environmental Fund
Page 1 of 2
TOWN OF FOUNTAIN HILLS
STORMWATER/
ENVIRONMENTAL FEE
FY 2015-16
Craig Rudolphy, Finance Director
September, 2015
Background
•18 Prior Council Meetings occurring between
October 9, 2007 and November 20, 2014
•At the November 20, 2014, meeting, Council voted 4
to 3 to approve a $3.00 per month fee per parcel to
offset the costs of an Environmental Program for the
Town of Fountain Hills
•Five different articles in the Fountain Hills Times since
September 2014
2
Background – continued
•Town is 20.32 square miles in size
•73,200 linear feet of storm drains, culverts
and channels
•1.9 million linear feet of curb and gutter
•177 miles of streets
–Residential streets are swept on a once every
eight week cycle
–Arterial streets are on a once every three weeks
cycle
3
Background – continued
–407 catch basin where 25 are inspected annually
–700 acres of Town-owned washes
•Maintain approximately 40 acres per year
•Six Town-owned dams designated by Arizona
Department of Water Resources (ADWR)
4
Alternatives Considered
•Entities Contacted to Ascertain Interest –
(since Council voted to bill by parcel, these
alternatives could not accomplish the mission)
–Fountain Hills Sanitary District
–Chaparral City Water Company
–Republic Services
•In-house alternative – existing staff would not be
able to bill and collect the 15,000+ individual bills
that would be generated
5
Request for Proposals Schedule
•Release Date May 27, 2015
•Advertisement Dates
•Fountain Hills Times June 3 and 10, 2015
•Arizona Business Gazette May 28, June 4, 2015
•Final date for Inquiries June 15, 2015
•Pre-submittal Conference June 15, 2015
•Proposal Due Date June 30, 2015
•Only one response to RFP was received
6
After Issuance
•Posted RFP to Town’s web site
•Searched internet for utility billing companies
•Sent individual emails to companies identified
from the internet search
•Called software companies requesting leads
for potential bidders
7
Stormwater/Environmental Fee
Program Items
•Maricopa County Annual Dust Control
- Block Permit $2,000
•EPA/ADEQ Permit $5,000
•ADWR Reclaimed Water Permit $715
•Water – Use It Wisely Dues $2,000
•STORM (Storm Water Outreach for Municipalities) Dues $1,000
•Illegal Dumping Cleanup $5,000
8
Stormwater/Environmental Fee
Program Items - continued
•Annual Wash Maintenance $150,000
•Dam Inspections
–Hesperus & Fountain Lake $2,400
–Aspen, North Heights & Golden Eagle $2,200
–Stone Ridge $2,000
•Dam Maintenance $7,000
•On-call Storm Damage Cleanup $30,000
9
Stormwater/Environmental Fee
Program Items - continued
•Drainage & Culvert Maintenance $100,000
•Panorama Wash Drainage
Improvement $30,000
•Street Sweeping $90,000
•Golden Eagle Park Sediment
Removal $50,000
•Household Hazardous Waste
Collection Event $50,000
10
Stormwater/Environmental Fee
Program Items - continued
•Estimated Cost of Billing Service $80,000
•Allocated Salary & Benefits
(partial) for Environmental
Manager $23,126
TOTAL EXPENDITURES $639,241
11
Environmental Fund Revenue
•$36 per parcel X 15,000 parcels $540,000
•Transfers from the General &
HURF Funds to cover the first six
months of operations prior to the
implementation of the fee $222,479
•TOTAL BUDGETED REVENUES $762,479
12
Environmental Fund - Summary
•Revenues $762,479*
•Expenditures $639,241
•Excess/<Deficiency> $123,238
•*Includes General Fund transfers ($222,479)
and assumes that all parcels will pay fee
promptly and no collection services are
required. No prior experience on which to
base a delinquency percentage.
13
Proposed Community Outreach
Efforts
•Vendor proposes to prepare a mailing in
November to explain the Environmental Fee
bill the residents will receive in January and to
introduce vendor so that vendor can provide
them all the options that residents will have to
pay the fee
•Contact Fountain Hills Times and request that
a series of informational articles be placed in
the paper beginning in December
14
Proposed Community Outreach
Efforts - continued
•Prepare article for inclusion in the Winter
edition of In The Loop
•Hold two public outreach sessions in Council
Chambers during the month of December
15
Next Step
•Contract with American Metering Services,
Inc. will be brought back to Council on the
regular agenda at the next Council meeting on
September 17, 2015
16
17
Questions?
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:9/3/2015 Meeting Type:Regular Session
Agenda Type:Regular Submitting Department:Administration
Staff Contact Information:Grady Miller,Town Manager
Strategic Planning Goal:NotApplicable (NA)Operational Priority:NotApplicable (NA)
REQUEST TO COUNCIL (Agenda Language):Consideration of approving a contract with Mark lacovino for the
provision ofprosecution services for the Town ofFountain Hills in FY 2015-16 and FY 2016-17
Applicant:N/A
Applicant Contact Information:N/A
Property Location:N/A
Related Ordinance,Policy or Guiding Principle:N/A
Staff Summary (background):On June 18,2015,the Town Council considered a contract renewal with Mark
lacovino to provide prosecution services at the Fountain Hills Municipal Court.Councilmember Henry Leger
had questions relating to the caseload of the court and moved that the Town Council postpone acting on the
prosecution agreement with Mark lacovino until September 3,2015.As a result,the Town Council approved
tabling this item until the Town Council meeting on September 3,2015.
Attached is a letter from Town Prosecutor Mark lacovino along with the proposed contract for prosecution
services from the period of July 1,2015-June 30,2016 and July 1,2016 -June 30,2017.
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:
Budgeted;if No,attach Budget Adjustment Form:na
Recommendation(s)by Board(s)or Commission(s):N/A
Staff Recommendation(s):That the Mayor and Council take action on this item
List Attachment(s):Letter from Mark lacovino and Proposed Contract for Prosecution Services
SUGGESTED MOTION (for council use):MOVE to APROVE a CONTRACT with Mark lacovino to provide
prosecution services for the Fountain Hills Municipal Court in FY 2015-16 and 2016-17.
Page 1 of 2
Fountain Hills Town Prosecutor
10105 E. Via Linda, Suite 103-346
Scottsdale, Arizona 85258
480-483-2404
townprosecutor@gmail.com
August 25, 2015
The Hon. Linda Kavanagh and
Members of the Town Council
Re: Proposed Contract for Prosecution Services for FY 2015-2016 and FY 2016-2017
Dear Mayor and Council;
Thank you once again for the opportunity to discuss the work of the Town Prosecutor’s Office
and for granting my law firm the privilege of serving the people of Fountain Hills as its Town
Prosecutor. You now have before you the proposed contract for prosecution services for fiscal
years 2015-2016 and 2016-2017. The proposed contract is identical to the current contract
with the exception of a provision to incrementally restore the annual contract price to the level
paid annually by the town from 2003 to 2013.
In 2013, the contract price was lowered by nearly 20% due to a decrease in the number of
cases filed in the Fountain Hills Municipal Court over the preceding five years. Although
caseload is one factor in the equation, the amount of work and the number of hours expended
does not directly correlate to the number of cases filed. More important factors include the
complexity of the cases filed, the number of cases involving victims and the number of cases
with defendants represented by counsel.
Over the past several years, we have seen trends that have increased the number of hours of
attorney time expended despite a gradual reduction in the overall number of cases filed.
Historically, the Municipal Court has handled a much higher number of criminal traffic cases
than more serious and complex criminal misdemeanor cases. That is no longer true. During
recent years, the proportion of criminal misdemeanor cases (involving charges of Theft,
Assault, Disorderly Conduct, Criminal Damage, Criminal Trespassing, Liquor Violations,
Domestic Violence, etc.) has steadily increased and has surpassed the number of criminal
Fountain Hills Town Prosecutor
2
traffic cases. This appears to be the result of an increased emphasis on calls for service and a
decreased emphasis on patrol activity on the part of law enforcement.
We have also seen a significant increase in the percentage of cases involving victims. These
cases require additional time for notification and ongoing communication with the victims of
crime. Arizona law requires the prosecutor to not only notify victims of upcoming court events
but also to seek their input regarding case dispositions, fully explain the criminal justice
process and offer whatever assistance is available to help victims deal with the consequences
of the crime committed against them. The Fountain Hills Town Prosecutor’s Office has always
given high priority to victim services and will continue to do so in the future.
In addition, during the past several years, we have witnessed a sharp increase in the number
of cases with defendants who are represented by counsel. This, perhaps, is a good indication
of a recovering economy. Cases with represented defendants generally require far more time
and effort than cases involving pro se defendants. These cases require extensive disclosure
of evidence, frequent correspondence with defense counsel, telephone conferences, legal
research, discussion of legal issues and often extensive plea negotiations.
The following are court statistics illustrating the trends discussed above:
Criminal Cases Filed in the Municipal Court
Fiscal Year Criminal Traffic Criminal Misdemeanor Total
2012 301 276 577
2013 224 280 504
2014 205 257 462
2015 232 227 459
Court Appearances Involving Victims and Attorneys
Fiscal Year Court Events W/Victims % W/Attorneys %
2013 515 94 18% 109 21%
2014 478 133 28% 143 30%
2015 426 135 32% 170 40%
Fountain Hills Town Prosecutor
3
For several years, the number of attorney hours expended by the Fountain Hills Town
Prosecutor’s Office has remained relatively constant, fluctuating between 130 hours and 140
hours per month. This equates to an effective hourly rate of $53 to $57 per hour during the
past two years as compared to $65 to $70 per hour during previous years. The current market
rate for contract prosecution services ranges from $90 to $120 per hour. We are proud of the
fact that we have been able to maintain the cost of prosecution services for the Town of
Fountain Hills at levels far below market rates for more than twenty years. We hope to
continue providing the town with the highest quality professional prosecution services at the
lowest possible price for years to come.
Finally, please bear in mind that the contract price paid annually by the town represents the
total cost of operating the Town Prosecutor’s Office. That includes the Chief Prosecutor’s
salary, Assistant Prosecutor’s salary, Legal Assistant’s salary, office space, law library,
equipment, supplies, insurance expense, continuing legal education expense, and much more.
Our overhead expenses have continuously increased since 2003 while our compensation has
not.
For the above reasons, I ask for your approval of the proposed contract for prosecution
services for fiscal years 2015-2016 and 2016-2017, including the incremental restoration of the
contract price to the level held constant from 2003 to 2013.
Very truly yours,
THE LAW OFFICE OF MARK IACOVINO
Mark Iacovino
Mark S. Iacovino
Fountain Hills Town Prosecutor
Contract No. C2016-114
2404429.3
CONTRACT FOR LEGAL SERVICES BETWEEN
THE TOWN OF FOUNTAIN HILLS AND
THE LAW OFFICE OF MARK IACOVINO
THIS CONTRACT FOR LEGAL SERVICES (this “Contract”) is made and entered into
as of September 3, 2015, between the Town of Fountain Hills, an Arizona municipal corporation
(the “Town”) and the Law Office of Mark Iacovino (the “Law Firm”).
RECITALS
A. The Town has determined it to be in its best interest to contract with attorneys not
in its employ who, by experience and training, are qualified to assist the Town in connection with
prosecution of criminal cases in the Fountain Hills Municipal Court.
B. The Town has satisfied itself as to the qualifications of the Law Firm to assist the
Town in connection with prosecution of criminal cases in the Fountain Hills Municipal Court.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the covenants and promises
set forth below, the parties hereby agree as follows:
1. Scope of Service and Representation. The Law Firm agrees to perform all
necessary legal services of the Town Prosecutor’s Office within the laws of the State of Arizona
and the Rules of Professional Conduct including, but not limited to, the following:
a. Prepare and appear for arraignments, arrange and conduct pre-trial
conferences with defendants and/or attorneys, and try jury and non-jury
trials; and
b. Review the file on each case including police reports, previous convictions
and motions from defense attorneys; and
c. Prepare any necessary correspondence related to each case, excluding
victim letters and correspondence which shall be the responsibility of the
Town’s Victim Witness Advocate; and
d. Appear in the Fountain Hills Municipal Court to prosecute those who have
violated state law or Town ordinances; make recommendations for
conditions of release and sentencing; and
e. Advise the Town’s law enforcement department on gathering and
presentation of evidence, filing of charges and other legal matters related
to criminal cases; interview police officers, inspectors and others
presenting evidence for the Town; and
f. Perform legal research to support the Town’s position(s) in hearings and
trials as well as in response to defense motions; and
g. Provide statistical data concerning disposition of cases.
2404429.3 2
h. Act as an educational resource to Town staff, schools, civic organizations
and local advocacy groups.
2. Advice and Status Reporting. The Law Firm shall provide the Town with timely
advice of all significant developments arising during performance of services hereunder, orally
or in writing, as Law Firm considers appropriate. Upon request of the Town Manager the Law
Firm shall provide copies of all pleadings and other documents prepared by the Law Firm. The
Law Firm shall provide the Town Manager with monthly status reports.
3. Compensation. The Town agrees to pay the Law Firm for services rendered
hereunder as follows:
a. For fiscal year 2015/2016, a flat annual amount of $100,000, paid in 12
equal installments, due in advance on the first day of each month.
b. For fiscal year 2016/2017, a flat annual amount of $110,000, paid in 12
equal installments, due in advance on the first day of each month.
If a notice of termination has been given pursuant to Section 16 below, the monthly amount
payable shall be prorated according to the actual number of days during which the Law Firm will
be providing services.
4. Term. This Contract shall be effective September 3, 2015, and shall continue for
a period of two years thereafter, unless sooner terminated as set forth in Section 16 below.
5. Notices. Notice or correspondence shall be sent to:
Town of Fountain Hills The Law Office of Mark Iacovino
Attn: Town Manager Attn: Mark Iacovino
16705 E. Avenue of the Fountains 10105 E. Via Linda, #103-346
Fountain Hills, AZ 85266 Scottsdale, AZ 85258
6. Conflict Issues. The Law Firm warrants and covenants that Law Firm presently
has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render
the services required under the provisions of this Contract a violation of any applicable state,
local, or federal law. In the event any conflict of interest should arise, the Law Firm shall
promptly notify the Town of the existence of such conflict of interest so the Town may
determine whether to terminate this Contract. Conflict issues arising are governed by the
Arizona Rules of Professional Conduct. The Law Firm should also refer to the Arizona Legal
Ethics Handbook published by the State Bar of Arizona. Otherwise, the Law Firm shall be free
to dispose of such portion of its entire time, energy and skill as are not required to be devoted to
Town in such manner as it sees fit, and to such persons, firms or corporations as it deems
advisable so long as no conflict of interest exists.
7. Maintenance of Records. In compliance with Town procedure, all work
performed in connection with this Contract shall be subject to audit. The Law Firm shall
maintain all books, documents, papers, and accounting records pertaining to the Contract and
2404429.3 3
not related to particular prosecution case files and shall make such materials available at their
offices at all reasonable times during the Contract period and for at least three years from the
date of final payment for inspection by Town or any authorized representatives of Town, and
copies thereof shall be furnished, if requested, at Town’s expense. The Town shall store and
maintain all closed files. The destruction of such files shall be in accordance with applicable
law and Arizona Attorney General Opinion 98-07.
8. Indemnification. To the fullest extent permitted by law, the Law Firm shall
defend, indemnify and hold harmless Town, its agents, representatives, officers, directors,
officials, and employees from and against all claims, damages, losses and expenses relating to,
arising out of, or resulting from the Law Firm’s wrongful acts, errors, mistakes, or omissions
relating to the Law Firm’s services in the performance of this Contract. The Law Firm’s duty to
defend, hold harmless, and indemnify Town, its agents, representatives, officers, directors,
officials, and employees shall arise in connection with any claim, damage, loss, or expense
(including, but not limited to, attorneys’ fees, court costs, and the cost of appellate proceedings)
caused by the Law Firm’s wrongful acts, errors, mistakes or omissions, work or services in the
performance of this Contract. The amount and type of insurance coverage requirements set
forth below will, in no way, be construed as limiting the scope of the indemnity of this
paragraph.
9. Professional Liability Insurance. Without limiting any of their obligations, the
Law Firm, at the Law Firm’s own expense, shall purchase and maintain the hereinafter
stipulated minimum insurance with companies duly licensed, possessing an AM Best, Inc.
rating of B++, approved and licensed to do business in the State of Arizona, with policies and
forms reasonably satisfactory to Town. Prior to commencing work under this Contract, the Law
Firm shall furnish Town Certificates of Insurance, or formal endorsements issued by the Law
Firm’s insurer(s), as evidence that policies providing the required coverage, conditions, and
limits required by this Contract are in full force and effect. Such Certificates shall identify this
Contract number, and shall provide for not less than 30 days advance Notice of Cancellation,
Termination, or Material Alteration. The Law Firm will maintain Professional Liability
insurance covering errors and omissions arising out of the work or services performed by the
Law Firm or any person employed by the Law Firm, with a limit of not less than $500,000 each
occurrence and $500,000 all claims.
10. Independent Contractor Status. The services the Law Firm provides under the
terms of this Contract to Town are that of an independent contractor, not an employee. Town
will report the value paid for these services each year to the Internal Revenue Service (IRS)
using Form 1099. Withholding of income tax is not deducted from contractual payments.
11. Non-Assignment. Services covered by this Contract shall not be assigned in
whole or in part without the prior written consent of the Town.
12. Choice of Law. This Contract shall be governed and interpreted according to the
laws of the State of Arizona.
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:9/3/2015 Meeting Type:Regular Session
Agenda Type:Regular Submitting Department:Development Services
Staff Contact Information:Paul Mood,Development Services Director
Strategic Planning Goal:Not Applicable (NA)Operational Priority:Pavement Management Program
REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of Cooperative Purchase Agreement C2016-145
between M.R.Tanner Development and Construction,Inc. and the Town of Fountain Hills for Asphalt Replacement and
Miscellaneous Work in an amount not to exceed $1,471,597.22.
Applicant:NA
Applicant Contact Information:NA
Property Location:Zone 1 Pavement Management Area
Related Ordinance,Policy or Guiding Principle:NA
Staff Summary (background):In 2013 Town Council passed Resolution 2013-02 approving the Pavement
Management Program.The Zone 1 Pavement Management Area is currently scheduled for pavement
maintenance.Due to the age and conditions of the roads in Zone 1 staff has determined that certain collector
roads will need the asphalt replaced prior to any slurry seal treatments.With the current funding limitation of
$1 million annually it is estimated that Zone 1 will take four years to complete.Asphalt maintenance in Zone 1
is not anticipated to occur again for a minimum of 10 years after completion.
In anticipation of the Zone 1 mill and overlay project the Town completed the necessary ADA sidewalk ramp
improvements last fiscal year. This project was approximately $151,000 for design and construction.The
Town also budgeted $500,000 in Highway User Revenue Fund (HURF)'reserves in addition to the $1 million
annual budget for FY2015-16 pavement maintenance.This will exhausted the majority of the HURF reserve
fund.Staff has researched various municipal contracts for asphalt mill and overlay projects.The City of
Chandler contract that was recently awarded to M.R.Tanner had the lowest unit pricing for asphalt milling,
asphalt replacement,striping and valve adjustments.The project is scheduled to start on October 12,2015 to
coincide with the "fall break"for the public and charter schools.The roads included in the project are:
1.Glenbrook Blvd. from Fountain Hills Blvd. to Bainbridge Ave.
2.Fayette Dr. from Fountain Hills Blvd. to Bainbridge Dr.
3.El Pueblo Blvd.from Fountain Hills Blvd.to Grande Blvd.
4.Grande from Saguaro Blvd. to Fort McDowell Border
5.Portions of Del Cambre Ave.
6.Portions of Pepperwood Circle
Based on available funding, future Zone 1 Pavement Management Area projects are anticipated as follows:
Page 1 of 2
Contract No.C2016-145
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
M.R.TANNER DEVELOPMENT AND CONSTRUCTION,INC.
THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement")is entered
into as of September 3,2015,between the Town of Fountain Hills, an Arizona municipal
corporation (the "Town"), and M. R. Tanner Development and Construction, Inc., an Arizona
corporation (the "Contractor").
RECITALS
A. After a competitive procurement process, the City of Chandler ("Chandler")
entered into Contract No.ST5-745-3478,dated February 13,2015 (the "Chandler Contract"),for
the Contractor to provide street replacement and asphalt mill and overlay. A copy of the
Chandler Contract is attached hereto as Exhibit A and incorporated herein by reference,to the
extent not inconsistent with this Agreement.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchasesunder the Chandler Contract, at its discretionand with the agreementof the awarded
Contractor, and the Chandler Contract permits its cooperative use by other public entities,
including the Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose
of (i)acknowledging their cooperativecontractualrelationshipunder the ChandlerContractand
this Agreement,(ii)establishing the terms and conditionsby which the Contractormay provide
the Town with asphalt mill and overlay, as more particularly set forth in Section 2 below (the
"Materials and Services") and (iii) setting the maximum aggregate amount to be expended
pursuantto thisAgreementrelatedto the Materialsand Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference,the following mutual covenants and conditions,andothergoodand valuable
consideration,the receipt and sufficiency of which are 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 September 2,2016,unless terminated
as otherwiseprovided in this Agreement or the Chandler Contract.
2. Scopeof Work.Contractorshallprovidethe Materials and Services (i)underthe
terms and conditions of the Chandler Contract, (ii) as set forth in the Proposal and Map, attached
heretoas ExhibitB and incorporatedherein by reference and (iii) pursuant to instructions from
the Town.
2445522.1