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Home My WebLink About151217PDAIN NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE is FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Cassie Hansen Vice Mayor Henry Leger Councilmember Alan Magazine Councilmember Cecil A. Yates 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, DECEMBER 17, 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. z:\council packets\2015\rl 51217\1 51217a.docx Last Printed: 12/10/2015 6:32 AM Page 1 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or attorneys of the public body (specifically: imposition of various fees). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Kent Groethe, Shepherd of the Hills ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. 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. 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. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from November 19 and December 3, 2015. z:\council packets\2015\rl 51217\1 51217a.docx Last Printed: 12/10/2015 6:32 AM Page 2 of 4 2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Lawrence Elliget, Agent for Fountain Hills Deli LLC dba Fountain Hills Express Convenience Store & Deli, located at 11829 N Saguaro Boulevard, Fountain Hills, AZ. This is for a series 10 (Beer & Wine Store). 3. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for the International Cancer Advocacy Network (Marcia Horn) for the promotion of a fundraiser to be held on Avenue of the Fountains, in conjunction with the Fountain Hills Sculpture and Wine Experience, from 10:00 AM to 5:00 PM, Friday, January 15, thru Sunday, January 17, 2016. 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Elks #2846 (William Pageau) for the promotion of a fundraiser to be held at 16766 E. Parkview Avenue, in conjunction with the Fountain Hills Chili Cook -off, from 3:00 PM to 10:00 PM, Saturday, January 9, 2016. 5. CONSIDERATION of RESCINDING the tax enforcement settlement offer previously approved at the November 5, 2015 Council meeting. 6. CONSIDERATION of approving a BUDGET TRANSFER from the Town Manager's contingency fund to the Streets Division Budget and the EXPENDITURE, in an amount of $4,633.00 plus sales tax, for the purpose of sharing the cost of Fountain Hills Sister Cities entry signs on Shea Boulevard. 7. CONSIDERATION of approving the FIRST AMENDMENT to the Little League Municipal Sponsorship and License Agreement. REGULAR AGENDA ITEMS 8. CONSIDERATION of approving the FINAL PLAT of "LAS MONTANAS DEL SOL DOS", a lot line adjustment of Lot #5 (APN 176-27-388) that will create a new Tract "A". Case # S 2015-10 9. PUBLIC HEARING regarding ORDINANCE 15-12, amending the Town of Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations, relating to A -Frame Signs and Banners. Case # Z2015-04 10. CONSIDERATION of ORDINANCE 15-12, amending the Town of Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations, relating to A -Frame Signs and Banners. Case # Z2015-04 11. CONSIDERATION of RESOLUTION 2015-54, approving an amendment to the Town of Fountain Hills Personnel Policies and Procedures (amended and restated August 1, 2013) relating to the information technology (I.T.) policies, vacation leave policy; and personal leave policy; and declaring an emergency. 12. 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. z:\council packets\2015\rl 51217\1 51217a.docx Last Printed: 12/10/2015 6:32 AM Page 3 of 4 13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. Town Manager Grady E. Miller to provide reports on the Saguaro Boulevard reconstruction project and the live broadcasting of Town Council meetings on Channel 11 beginning with the January 7, 2016 meeting. 14. ADJOURNMENT. DATED this 10th day of December, 2015. Bevelyn P/Bencler, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816- 5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2015\rl 51217\1 51217a.docx Last Printed: 12/10/2015 6:32 AM Page 4 of 4 DAIN NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE is FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Cassie Hansen Vice Mayor Henry Leger Councilmember Alan Magazine Councilmember Cecil A. Yates 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, DECEMBER 17, 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. z:\council packets\2015\rl51217\151217a.docx Last Printed: 12/10/2015 6:32 AM Page 1 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or attorneys of the public body (specifically: imposition of various fees). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Kent Groethe, Shepherd of the Hills ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. 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. 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. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from November 19 and December 3, 2015. z:\council packets\2015\rl51217\151217a.docx Last Printed: 12/10/2015 6:32 AM Page 2 of 4 2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Lawrence Elliget, Agent for Fountain Hills Deli LLC dba Fountain Hills Express Convenience Store & Deli, located at 11829 N Saguaro Boulevard, Fountain Hills, AZ. This is for a series 10 (Beer & Wine Store). 3. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for the International Cancer Advocacy Network (Marcia Horn) for the promotion of a fundraiser to be held on Avenue of the Fountains, in conjunction with the Fountain Hills Sculpture and Wine Experience, from 10:00 AM to 5:00 PM, Friday, January 15, thru Sunday, January 17, 2016. 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Elks #2846 (William Pageau) for the promotion of a fundraiser to be held at 16766 E. Parkview Avenue, in conjunction with the Fountain Hills Chili Cook -off, from 3:00 PM to 10:00 PM, Saturday, January 9, 2016. 5. CONSIDERATION of RESCINDING the tax enforcement settlement offer previously approved at the November 5, 2015 Council meeting. 6. CONSIDERATION of approving a BUDGET TRANSFER from the Town Manager's contingency fund to the Streets Division Budget and the EXPENDITURE, in an amount of $4,633.00 plus sales tax, for the purpose of sharing the cost of Fountain Hills Sister Cities entry signs on Shea Boulevard. 7. CONSIDERATION of approving the FIRST AMENDMENT to the Little League Municipal Sponsorship and License Agreement. REGULAR AGENDA ITEMS 8. CONSIDERATION of approving the FINAL PLAT of "LAS MONTANAS DEL SOL DOS", a lot line adjustment of Lot #5 (APN 176-27-388) that will create a new Tract "A". Case # S 2015-10 9. PUBLIC HEARING regarding ORDINANCE 15-12, amending the Town of Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations, relating to A -Frame Signs and Banners. Case # Z2015-04 10. CONSIDERATION of ORDINANCE 15-12, amending the Town of Fountain Hills Zoning Ordinance, Chapter 6, Sign Regulations, relating to A -Frame Signs and Banners. Case # Z2015-04 11. CONSIDERATION of RESOLUTION 2015-54, approving an amendment to the Town of Fountain Hills Personnel Policies and Procedures (amended and restated August 1, 2013) relating to the information technology (I.T.) policies, vacation leave policy; and personal leave policy; and declaring an emergency. 12. 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. z:\council packets\2015\rl51217\151217a.docx Last Printed: 12/10/2015 6:32 AM Page 3 of 4 13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. Town Manager Grady E. Miller to provide reports on the Saguaro Boulevard reconstruction project and the live broadcasting of Town Council meetings on Channel 11 beginning with the January 7, 2016 meeting. 14. ADJOURNMENT. DATED this 10th day of December, 2015. Bevelyn P/Bencler, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816- 5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2015\rl51217\151217a.docx Last Printed: 12/10/2015 6:32 AM Page 4 of 4 _e 4 fhat_ is A tie/ Meeting Date: 12/17/2015 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Bevelyn J. Bender, Town Clerk; 480-816-5115; bbender@fh.az.gov Council Goal: Strategic Values: Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from November 19 and December 3, 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: h 0 �, evelyn Bender, Town Clerk 12/7/2015 Approved: G, IVwt/`W Grady E. Mil(ow n Manager 12/8/2015 Page 1 of 1 IVAIN�" TOWN OF FOUNTAIN HILLS 3n TOWN COUNCIL y� AGENDA ACTION FORM tiods that is ACV Meeting Date: 12/17/2015 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Administration. . Staff Contact Information: Sonia Kukkola/Financial Services Technician (480)-816-5136 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (agenda Language): Consideration of a LIQUOR LICENSE APPLICATION submitted by Lawrence Edward Elliget, Agent for Fountain Hills Deli LLC DBA Fountain Hills Express Convenience Store & Deli, located at 11829 N Saguaro Blvd Fountain Hills, AZ. This is for a series 10 (Beer & Wine Store). Applicant: Lawrence Edward Elliget - Agent Applicant Contact Information: 480-837-3236 Owner: Adel M. Jaradi Owner Contact Information: 480-837-3236 Property Location: 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): CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Lawrence Edward Elliget, Agent for Fountain Hills Deli LLC DBA Fountain Hills Express Convenience Store & Deli, located at 11829 N Saguaro Blvd Fountain Hills, AZ. This is for a series 10 (Beer & Wine Store). 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): N/A List Attachment(s): Front page of the application and staffs' recommendation SUGGESTED MOTION (for Council use): Move to approve the LIQUOR LICENSE APPLICATION submitted by Lawrence Edward Elliget, Agent for Fountain Hills Deli LLC DBA Fountain Hills Express Convenience Store & Deli, located at 11829 N Saguaro Blvd Fountain Hills, AZ. Page 1 of 2 Prepared bpJ�[/j Sonia Kukkola, Financia SeNices 1 echnician 12/7/2015 Directorr'T Approva� l� � raig u o p ,y, Finance Direcpf 12/7/2DT5— ved: L ` Grady E. Mill 0 n Manager 12/7/2015 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO T0: (cis applicable) DATE: 12/1/15 N/A • Streets Division I X • Fire Department Community Services Rachel Goodwin X • Building Division Development Services Bob Rodgers • Community Services Fire Department • Development Services X • Law Enforcement Mark Fisher X • Licensing Licensing Street Department Sonia Kukkola Justin Weldy FR: Sonia Kukkola, RE: Liquor License Application Financial Services Technician Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Fountain Hills Deli LLC DBA Fountain Hills Express Convenience Store & Deli, 11829 N Saguaro Blvd, Fountain Hills AZ Applicant: Lawrence Elliget - Paf-Nt Date(s) of Event: N/A Date Application Received: 11/9/15 Town Council Agenda Date: 12/17/15 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachel Goodwin X Development Services Bob Rodgers X Fire Department Dave Ott X Law Enforcement Mark Fisher X Licensing Street Department Sonia Kukkola Justin Weldy X X Attach report for denial or any recommendation requiring stipulations. Arizona Department of Liquor Licenses and Control RECEIVED 800 W Washington 5th Floor Phoenix, AZ 85007 NOV 0 9 20`15 www.azliquor.gov (602) 542-5141 FOUNTAIN HILLS ACCOUNTS PAYABLE Application for Liquor License Type or Print with Black Ink SECTION I This application is for a: SECTION 2 Type of Ownership: Permit (Complete Section 5) E]J.T.W.R.O.S. (Complete Section 6) RInterim New License (Complete Sections 2,14,13,14, 15,16) Dindividual (Complete Section 6) erson Transfer (Complete Section 2, 3, 4, 12, 13, 14,16) F-lPortnership (Complete Section 6) [Location Transfer (Bars and Liquor Stores Only) MCorporation (Complete Section 7) (Complete Section 2,3,4,11, 13,14,16) DoLimited Liability Co (Complete Section 7) E]Probate/ Will Assignment/ Divorce Decree F-IClub (Complete Section 8) (Complete Sections 2,3,4,9,13, 14,16) DGovernment (Complete Section 10) (Fee not required) [:]Trust (Complete Section 6) FlGovemment (Complete Sections 2, 3, 4, 10, 13, 16) (Tribe (Complete Section 6) El seasonal 00ther (Explain) _ c -n 1 - SECTION 3 Type of license LICENSE # .- 1. Type of License. .B (a--YL� APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLEI ARE NOT REFUNDABLE A service fee of $25 will be charged for all dishonored checks [A.R.S. & 44-6852) SECTION 4 Applicants 1. Individual Owner/Agent's Name: G ' F�") 14 C-Irc,�L lost First Mddle 2.Owner Name: '[>stj L 2Alqla V2 (ownership name for type of ownership checked on section 2) 6 3. Business blame: Fc�� 0 1 j 7n, 'i (Exactly as it appears on the exterior of premises) GL 4. Business Location Address: t 4� /) tcksb;, -'V (Do not use PO Rox) Street city State Z I Code County 1p 5. Mailing A ddress: At -U Sy Z t (All correspondence will be mailed to this address) She -et city state, rip Code 6, Business Phone:. 4i -C60 <,, Daytime Contact Phone 7. Email Address: 8. Is the Business located within the incorporated limits of the above city or town?IzYesE]No 9. Does the Business location address have a street address for a City or Town but is actually in the boundaries of another City, Town or Tribal Reservation? E]YesO No If Yes, what City, Town or Tribal Reservation is this Business located in: 10. Total Price paid for Series 6 Bar, Series 7 Beer & Wine Bar or Series 9 Liquor Store ( license only) Fees: Department Use Only Application Interim Permit Site inspection Finger Prints Total of All Fees Is Arizona Statement of Citizenship & Alien Status for State Benefits complete? Yes E]No Accepted by: Date: 111,9ill.)415- License #"74�,7 7/22/2015 page I of 9 Individuals requiring ADA accommodations please call (602)542-91)27 Meeting Date: 12/17/2015 Agenda Type: Consent Meeting Type: Regular Session 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 approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for the International Cancer Advocacy Network (Marcia Horn) for the promotion of a fund raiser to be held on Avenue of the Fountains, in conjunction with the Fountain Hills Sculpture and Wine Experience, from 10:00am to 5:00 pm, Friday, January 15 thru Sunday, January 17, 2016. Applicant: Marcia Horn Applicant Contact Information: -.. 27 W. Morten Ave, Phoenix, AZ 85021 Property Location: Avenue of the Fountains, Fountian Hills, Arizona 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 Fair/Festival liquor license application submitted by Marcia Horn with the International Cancer Advocacy Network, in conjunction with the Fountain Hills Sculpture and Wine Experience by the Thunderbird Artists, for submission to the Arizona Department of Liquor. The special event liquor license application was 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 License as presented. Page 1 of 2 Prepared by: �2 Rachael Goodwin, Rq&eatin Supervisor 1 /8/2 15 Director's Approval: MarK Mayer, Community Services Director —1-2/8/2015 App ved: 1 _V- , , _ Grady Miller, M Hager 12/8/2015 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 12/07/15 • Streets Division Denied • Fire Department Building Safety • Building Division • Community Services • Development Services Rachael Goodwin • Law Enforcement • Licensing Development Services FR: Rachael Goodwin, RE: Liquor License Application Recreation Supervisor Fire Department Dave Ott Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: International Cancer Advocacy Network Applicant: Marcia Horn Date(s) of Event: January 15-17, 2016 at Saguaro Blvd and Ave. of the Fountains, in conjunction with the Fountain Hills Sculpture and Wine Affair. Date Application Received: 12/2/2015 Town Council Agenda Date: 12/17/2015 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field Community Services Rachael Goodwin Development Services Bob Rodgers Fire Department Dave Ott I Law Enforcement Mark Fisher Licensing Sonia Kukkola Street Department Justin Weldy Attach report for denial or any recommendation requiring stipulations. USE ONLY rt/end: IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). _ n i I\— SECTION i Name of Organization: SECTION 2 Non-Profit/IRS Tax Exempt Number: 0 SECTION 3 The organization is a: (check one box only) haritable❑Fraternal (must have regular membership and have been in existence for over five (5) years) ❑Religious ❑Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises49Yes o Name of Business License Number Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation (look in special event planning guide) and check one of the following boxes. ❑Place license in non-use EJ Dispense and serve all spirituous liquors under retailer's license �ispense and serve all spirituous liquors under special event []Split premise between special event and retail location (If not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event. If the special event is only using a portion of premise, agent/owner will need to suspend that portion of the premise.) SECTION 6 What is the purpose of t is event? ,)n -site consumption []Off-site (auction) []Both or -(4, S yds , �C"A;5- 16 SECTION 7 Location of the Event: � � � ��1 L� � P.../Il cry U� Address of Location: Street _ City U COUNTY 'y -K $to� rp ,Y SECTION 8 Will this be stacked with a wine festival/craft distiller festival? es ❑NottS F5 �_ SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) i 1. Applicant: 1!l or� � A,16 A– k c� I t 12- (� S Lost FirstsMiddddle/ Date of Birth 2. Applicant's mailing address: 1� � W C S 'r � ®� / , � (D/ City State Zp� / 3. Applicant's home/cell phone: pplicant's business phone: °2 � 94 �-- 4. Applicant's email address: �Vl.cc-t a J� S t cam-^), �` 8/13/2015 Page 1 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 10 1. Has the appli c�r�#ebeen convicted of a felony, or had a liquor license revoked within the last five (5) years? ❑ Yes 77� (If yes, attach explanation.) 2. How many special event licenses have been issued to this location this year?Q-- (The number cannot exceed 12 events per year, exceptions under A.R.S. §4-203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event? ❑YesNo men (If yes, attach a copy of the agreet.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of th special event li or sales. Attach an additional page if necessary. Name ^^ -r�lc on ^C�-F+,1GZl cW nLR-�ercenta e: a do Address d ' "` o� , Ii a„ 7 L-9-. .. ti 4 7 3FV 7/ Name Address Street ;d city Percentage: es F-- `( 2 . v Tip -4'e, Street — 1 city State �r rip J Q 13 Z,G/yW 5. Please read A.R.S. § 4-203.02 Special event license: rules and R19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.) Number of Police Number of Security Personnel Fencing niers Explanation: 14,14 h o Ar fir,' f 4 r -i- v SECTION 11 Date(s) and Hours of Event. May not exceed 10 consecutive days. See A.R.S. § 4-244(15) and (17) for legal hours of service. Date DAY 1: ( of> DAY 2: ( (p /k' DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: Day of Week Event Start Time AM/PM 8/13/2015 Page 2 of 4 Individuals requiring ADA accommodations call (602)542-9027. License End Time AM/PM Is- J�J-� SECTION 13 To be completed only by an Officer, Dir+ctor or Chairperson of the organization named in Section 1. that I am an OFFICER, DIRECTOR, or CHAIRPERSON (Print Full Name) ` appointing the plicant listed in Sec on 9, to apply on behalf of the foregoing organization for a Special Event Liquor License. X ignatu 01 t Title/ Position Date Phone if The foregoing instrument was acknowledged before me this bt 1"T'b 6 State county of UAV MP IA � _ Month Year �Z oftee sTrT OFFICIAL SEAL My Commission Expires on: w .,fp DEBBIE WUNDERLY UML� "A) yNOTARY UBLIC-Srdlzmna Signature of Nota Pubic MARICOPA COUNTY g Notary z' My Comm. Expires April 15, 2016 SECTION 14 This section is to be completed only by he applicant named in Section 9. I. k R— declare that I am the APPLICANT filing this application as (Print Full Name) listed in Se0iQa Sec'9. 1 have read the application and the contents and all statements are true, correct and complete,' X --- � �- Cao Q�2 e— (Signature) Title/ Position Date The foregoing instrument was acknowledged before me this `Ju1c,�{ �J State County of Day Month Year My Commission Expires on: oft"EST, OFFICIAL SEAL DEB IE WUNDE NOTARY PUBLIC -State of Arizona Signature of Notary Public Please contact the local gove i ucan "' n requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction: httrp://www.azliquor.gov/assets/documents/homepage docs/spec event links pdf. SECTION 15 Local Governing Body Approval Section I, recommend ❑APPROVAL ❑ DISAPPROVAL (Govemment Official) (Title) on behalf of , (City, Town, County) Signature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made according to this chapter, prohibited agency action: prohibited acts by state emplovees: enforcement: notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 8/13/2015 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. NT 8/13/2015 Page 3 of 4 Individuals requiring ADA accommodations call (602)542-9027. SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address - A NT FIR -7 all AVENUE OF THE FOUNTA)Ng Meeting Date: 12/17/2015 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session 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 approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Elks #2846 (William Pageau) for the promotion of a fund raiser to be held at 16766 E. Parkview Avenue, in conjunction with the Fountain Hills Chili Cook -off, from 3:00pm to 10:00 pm, Saturday, January 9, 2016. Applicant: William Pageau Applicant Contact Information: -.. Property Location: 16766 E Parkview Ave, #106, Fountain 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 Fair/Festival liquor license application submitted by William Pageau with the Fountain Hills Elks #2846, in conjunction with the Fountain Hills Chili Cook -off, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff 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 License as presented. Page 1 of 2 Prepared by: Rachael Goodwin, Recre ion upervisor A2/9/2015 Director's Approval: MarK Mayer, Community bervices Director 12/9/2015 A roved: Grady Miller, T w anager 12/9/2015 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 12/09/15 • Streets Division Denied • Fire Department Building Safety • Building Division • Community Services • Development Services Rachael Goodwin • Law Enforcement • Licensing Development Services FR: Rachael Goodwin, RE: Liquor License Application Recreation Supervisor Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Fountain Hills Elks #2846 Applicant: William Pageau Date(s) of Event: January 9, 2016 at 16766 E Parkview Ave #103, in conjunction with the Fountain Hills Chili Cook -off Date Application Received: 11/25/2015 Town Council Agenda Date: 12/17/2015 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field Community Services Rachael Goodwin Development Services Bob Rodgers Fire Department Dave Ott Law Enforcement Mark Fisher Licensing Sonia Kukkola Street Department Justin Weldy Attach report for denial or any recommendation requiring stipulations. LICENSE AGREEMENT This LICENSE AGREEMENT, dated %c -'i -) S' (this "Agreement"), is by and between, Tract 208 Property Owners Association, an Arizona nonprofit corporation, (the "Association"), and Fountain Hills Elks Lodge #2846 and Kern Entertainment, LLC, an Arizona limited liability company, (collectively referred to as "Licensee"). Recitals A. The Association manages and governs common area real property within Final Plat No. 208 in Fountain Hills, Arizona, which is commonly referred to as "Plat 208" (the "Property"). The Property is depicted on the Plat Map recorded in Book Number 144, Page 4 of the Official Records of the Maricopa County Recorder. B. Licensee desires to utilize a portion of the Property on January 9, 2016 from 3:00 pm, Arizona time, until 10:00 pm Arizona time for a special event (the "Special Event"). C. The Association is willing to grant Licensee a temporary license ("License") to utilize a portion of the Property for the Special Event. D. In order to evidence the foregoing, the parties are entering into this Agreement. A¢reement NOW, THEREFORE, in consideration of the Recitals and the respective covenants and agreements contained in this Agreement, and intending to be legally bound hereby, the parties agree as follows: Incorporation. The Recitals set forth in paragraph A through D above are hereby incorporated by reference into this Agreement. Term. The License shall commence on Saturday, January 9, 2016 at 3:00 pm (Arizona time) and shall expire on Saturday, January 9, 2016 at 10:00 pm (Arizona time). 3. Licensed Area. The special event shall occur on a portion of the Property the area of which is graphically depicted on the map attached as Exhibit A, which is incorporated into and made a part of this Agreement by reference. This area shall be referred to in this Agreement as the "Licensed Area". 4. Purpose/Use. The Association grants to Licensee, subject to the terms and conditions in this Agreement, the right and license to utilize the Licensed Area for the limited purpose of holding the Special Event but for no other purpose. Licensee, at Licensee's sole cost and expense, shall keep and maintain the Licensed Area in good order, condition, and repair. Licensee shall keep the Licensed Area in a clean and sanitary condition and shall not commit any nuisance or waste in, on, or about the Licensed Area or any adjacent property. Upon the conclusion of the Special Event, the Licensee shall remove all trash and debris and restore the Licensed Area to the condition that existed immediately before the Special Event. If Licensee damages or injures the Licensed Area or any adjacent property, Licensee shall pay the Association, upon demand, for all uninsured costs and expenses incurred by the Association in connection with the repair. 5. Governmental Permits/Licenses. Licensee shall, at its own cost, obtain and maintain in full force and effect during the term of this Agreement any and all licenses and permits required with respect to the Special Event. 6. Rules and Regulations. Licensee shall at all times comply with all federal, state and local laws, ordinances, rules and regulations which are applicable to its use of the Licensed Area, including, but not limited to, the Declaration of Reservations recorded in Docket 9768, Pages 662-671 of the Official Records of the Maricopa County Recorder and the Tract 208 Property Owners Association Rules and Regulations. 7. Indemnification and Insurance. Licensee shall defend, indemnify and hold harmless the Association, its officers, agents, employees, successors and assigns from any and all claims, losses, costs, damages, expenses and liabilities, including reasonable attorneys' fees, for or from loss of life or damage or injury to any person or property of any person or entity, including, without limitation, the agents, officers, employees, invitees and licensees of the Association, arising out of, connected with or incidental to, either directly or indirectly, Licensee's use of the Licensed Area during the term of this License by Licensee, its employees, agents, contractors and subcontractors, licensees or invitees or the exercise by Licensee of any of its rights or the performance by Licensee of any of its obligations. Licensee shall not interfere with or damage existing facilities or infrastructure, on, off, under, or near the Licensed Area, and shall indemnify and reimburse the Association for any damages, costs, expenses or liabilities resulting from Licensee's damage. The indemnity obligation contained in this Section shall survive the expiration or earlier termination of this Agreement. Licensee shall, at its own expense, defend the Association in all litigation, pay all reasonable attorneys' fees, damages, court costs and other expenses arising out of such litigation or claims incurred in connection therewith; and shall, at its own expense, satisfy and cause to be discharged such judgments as may be obtained against the Association, or any of its officers, agents or employees, arising out of such litigation. Licensee shall take out and maintain at its own expense during the term of this License, Comprehensive General Liability insurance, wherein the Association is named as an additional insured, as shall protect itself and the Association from claims for damage for personal injury, disease, illness or death, including accidental death, as well as from claims for property damages which may arise from use of the Licensed Area pursuant to this Agreement. The Comprehensive General Liability insurance policy shall have limits of liability of not less than One Million Dollars ($1,000,000.00) applicable to the liability assumed by Licensee under this Agreement. Licensee shall provide a copy of its Certificate of Insurance at the time of execution of this License. All insurance required hereunder shall be effected under valid and enforceable policies issued by insurers of recognized responsibility authorized to do business in the State of Arizona. 8. Assignment and Binding Effect. This Agreement may not be assigned without the prior written consent of the parties. This Agreement shall inure to the benefit of, and be binding upon and enforceable by, the parties and their respective heirs, legal representatives, successors and permitted assigns. Each party covenant with the other that it has full power and authority to enter into and perform its obligations pursuant to this Agreement and the persons executing this Agreement on their behalf are duly authorized to do so by all requisite action. 9. General Provisions. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous agreements and understandings, whether oral or written, relating to the subject matter within this Agreement. This Agreement shall not be changed or modified orally and may be amended or rescinded only by a document executed by all parties. No waiver by any party of any breach hereof shall be held to be a waiver of any other subsequent breach. This Agreement shall not be construed nor shall it operate to grant Licensee anything other than a license to utilize the Licensed Area and shall not, under any circumstances, be constructed to operate to grant Licensee any estate or interest in the Property, or any portion of the Property. Each party has had the opportunity to fully review the terms and conditions of this Agreement with counsel of their choosing and hereby agree that this Agreement shall not be construed against the party who drafted the Agreement. The descriptive headings used in this Agreement are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties. Time is of the essence in this Agreement. The obligations and promises set forth in this Agreement shall be the joint and several undertakings of each of the persons or entities signing as Licensee. The Association may proceed against any one or more of these persons or entities signing as a licensee without waiving its right to proceed against any of the others. THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE SUBSTANTIVE LAWS OF THE STATE OF ARIZONA WITHOUT APPLICATION OF ITS CONFLICT OF LAW RULES. 10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which taken together shall constitute but one and the same instrument. This Agreement shall become binding only when each party has executed and delivered to the other parties one or more counterparts. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first written above. TRACT 208 PROPERTY OWNERS ASSOCIAITON Ronald TovelIa Its: President FOUNTAIN HILLS ELKS LODGE 42468 By: QAiLC,(. Name: �?f#-Y n <� /'�'1 /��/,�"Z Title: � �`Jc.t�rUc�— KE TERTAINMENT LLC By. t �J t�cJ tie Name: Title: C USE ONLY rt/end: IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that Is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization: Fountain Hills Elks #2846 SECTION 2 Non-Profit/IRS Tax Exempt Number: 20918715 SECTION 3 The organization is a: (check one box only) ❑✓ Charitable❑Fraternal (must have regular membership and have been in existence for over five (5) years) ❑Religious ❑Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises? ✓❑Yes ❑No Fountain Hills Elks #2846 14073066 480-837-0731 Name of Business License Number Phone (include Area Code) SECTION 5 How is this special event going to Iona.,._ . 'nq, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation (look in special event planning gui„, .;, ne of the following boxes. ❑Place license in non-use []Dispense and serve all spirituous liquors under retailer's licen,_ BDispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (If not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event. If the special event is only using a portion of premise, agent/owner will need to suspend that portion of the premise.) SECTION 6 What is the purpose of this event? BOn-site consumption []Off-site (auction) ❑Both SECTION 7 Location of the Event: 16766 E Parkview Ave #103, Fountain Hills, AZ 85268 Address of Location: 16766 E Parkview Ave #103, Fountain Hills, AZ 85268 Sheet City COUNTY SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes @No State Tip SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) Applicant: Pageau, William Lionell Last 2. Applicant's mailing address: First Middle 16766 E Parkview Ave #106 Fountain Hills, AZ 85268 Street 3. Applicant's home/cell phone: 4. Applicant's email address: City Date of Birth State Tip Applicant's business phone: () 8/13/2015 Page 1 of 4 Individuals requiring ADA accommodations call (602)542-9027. u SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? E]Yes E]No (if yes, attach explanation.) 2. How man special event licenses have been issued to this location this ear? 3 Y p Y (The number cannot exceed 12 events per year; exceptions under A.R.S. §4-203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event? ]Yes E]No (If yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name Fountain Hills Elks #2846 Percentage: 100% Address 16766 E Parkview Ave #103 Fountain Hills AZ 85268 Street City State rip Name Percentage: Address Street City State Zip 5. Please read A.R.S. § 4-203.02 Special event license; rules and R 19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (list type and number of police/security personnel and type of fencing or control barriers, 9 applicable.) 2 Number of Police Number of Security Personnel✓]Fencing ]✓ Barriers Explanation: Event west and north to Elks Lodge #2846, one entrance in and out. Fencing and barriers to be set up in front of Lodge. SECTION 11 Date(s) and Hours of Event. May not exceed 10 consecutive days. See A.R.S. § 4-244(15) and (17) for legal hours of service. Date Day of Week onv is 01/0912016 Saturday DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: Event Start Time AM/PM Spm 8/13/2015 Page 2 of 4 Individuals requiring ADA accommodations call (602)542-9027. License End Time AM/PM 10pm SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. l� Ni 8/1312015 Page 3 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. William Lionell Pageau declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON (Print Full Name) appointi g the applicant listed in Section 9, to apply on behalf of the foregoing organization for a Special Event Liquor Li ense. r `Q' (Signature) Title/ Position Date n , �one The foregoing instrument was acknowledged before me this i jo 5- �•• Day '--TO-NI I SNERZ State (.Ch (7.f�7z u County of �- Notary Public - State of Arizona MARICOPA COUNTY Commission Expires My Commission Expires on: Date Signature of Notary Pubilic TnNI ERZ �t�,.,,.,o�� Notary Public - State Arizona SECTION 14 This section is to be completed only by the applicant named in Section 9. MARICOPA COU r -f > �� My Commission E, pires William Lionell Pageau=9yy January 31, 20 6 I, declare that I am the APPLICANT fiing this'-dp�pltcaticiTT- (Print Full Name) listed in Section 9. 1 have read the application and the contents and all statements are true, correct and comp) e. ) . 0 (Signature) Tifle/ Posi�tionn D e one The foregoing instrument was acknow edged before me this �:�1 I�J��r DC7✓, Day Month Year Stat 2 County of �- My Commission Expires on: — L Date Signature of No ary Public Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction: http://www.azliquor.gov/assets/documents/homepage docs/spec event Iinks.pdf. SECTION 15 Local Governing Body Approval Section I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (rifle) on behalf of I I , (City, Town, County) Signature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees; enforcement; notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 8/13/2015 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. FOUNTAIN HILLS BRISE too for the tO NG ISTANNUAL 0 COOK OFF & TASTING ELKS BUIL®1 01vite"B"ce SATURDAY January 9th 3prn**10pm Elks Lodge 2546 16766 E. Parkview Drive, Fountain Milk General Admission is $5.00 to cheer on your favorite cook or give them all a taste! Entry Fees: dome Kitchen Cooks $25.00 Professional Cooks $50.00 Local restaurants will be serving up their own recipes as well, who has the best chili in town? Come on down and VOTE! CASH PRIZES TO WINNERS! t Kern Entertainment LLC at 1)hillykerm(@aol.com or 60J-304-5034 Z -1 o00 That v is Ar-1ti Meeting Date: 12/17/2015 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Staff Contact Information: Grady E. Miller, Town Manager Meeting Type: Regular Session Submitting Department: Administration Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of rescinding the approval of a tax settlement agreement previously approved by the Town Council on November 5, 2015. Applicant: N/A Applicant Contact Information: N/A Owner: N/A Owner Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): Staff is recommending that the Town Council rescind its approval of a tax settlement agreement of $140,000 with Connie Martin for payment of delinquent construction sales tax. At the Town Council meeting on November 5, 2015, the Town Council approved a tax settlement agreement with the understanding that the payment would be received no later than November 9, 2015. Then the attorney representing Ms. Martin requested that the Town extend the payment deadline to November 16th with no other requested changes in terms. As of Monday, December 7, 2015, the Town of Fountain Hills has not received the payment of $140,000 as previously agreed upon by the attorneys representing Ms. Martin and the Town. Therefore, staff is recommending that the Town Council rescind its approval of the tax settlement agreement. 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): NA Staff Recommendation(s): That the Town Council consider rescinding approval of a tax settlement agreement for Connie Martin. Page 1 of 2 List Attachment(s): N/A SUGGESTED MOTION (for Council use): MOVE TO APPROVE RESCINDING THE TAX SETTLEMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CONNIE MARTIN. Prepared by: A 10/2712015 Director's Approval: NA 10/27/2015 Approved: 4 .1� Grady E. Miller o n Manager 12/7/2015 Page 2 of 2 that is Artie Meeting Date: 12/17/2015 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Staff Contact Information: Grady E. Miller, Town Manager Meeting Type: Regular Session Submitting Department: Administration Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): DISCUSSION AND POSSIBLE APPROVAL OF EXPENDING $4,633 FROM THE STREETS DIVISION BUDGET FOR THE PURPOSE OF SHARING IN THE COST OF FOUNTAIN HILLS SISTER CITIES ENTRY SIGNS ON SHEA BLVD. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): On October 15, 2015, the Town Council approved the design and locations of two sister cities signs at the entry points for the Town of Fountain Hills on Shea Boulevard. At the same Town Council meeting, the Town Council also waived the permit fees normally required to be paid by applicants. While the Fountain Hills Sister Cities Corporation had planned on purchasing two entry signs, it turned out that the cost of two signs is $9,266, which is considerably more expensive than was anticipated by the organization. The Fountain Hills Sister Cities Corporation is requesting that the Town share in the cost of one sign for a total of $4,633. After the signs are installed, the Town of Fountain Hills will be responsible for the maintenance and upkeep of the signs. Attached is a letter from Jackie Miles, President, of the Fountain Hills Sister Cities Corporation, requesting financial assistance from the town. It is recommended that the Town Council approve this request as entry feature signs are typically a cost that is paid for by municipalities. If approved by the Town Council, the cost of the signs will be absorbed by the Streets Division budget and a transfer of $4,633 will occur from the Town Manager's contingency account to the Streets Division. 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 Page 1 of 2 Recommendations) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of the expenditure of $4,633 to cost share in the purchase of the new sister cities entry signs. List Attachment(s): Letter dated December 7, 2015 from Fountain Hills Sister Cities Corporation SUGGESTED MOTION (tor council use): MOVE TO APROVE AN EXPENDITURE NOT TO EXCEED $4,633 FOR THE PURPOSE OF SHARING IN THE COST OF PURCHASING SISTER CITIES ENTRY SIGNS AND DIRECT STAFF TO TAKE ALL ADMINISTRATIVE AND BUDGETARY ACTIVITIES NECESSARY TO IMPLEMENT THIS COUNCIL ACTION. Prepared by: NA 12/8/20115 Director's Approval: Ap roved: Grady Miller, T ager 12/8/2015 Page 2 of 2 e & Jerry Miles • ' East Inca Avenue Fountain Hills, AZ 85268 December 7, 2015 Mr. Grady Miller, Town Manager Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, AZ, 85268 Dear Mr. Miller; I am writing in my capacity as the president of the Fountain Hills Sister Cities Corporation. As you know, we have discussed the possibility of installing two new Sister Cities monument signs at the east and west entrances of our community along Shea Boulevard. These would replace the existing sign on Fountain Hills Blvd just north of Shea. The Sister Cities Corporation has requested community support to meet the cost of these signs. You have told us that you believe the Town would waive the permit fees normally associated with such signs. We have also asked the Town to consider paying one half of the cost of creating the signs. We have received a bid for these signs, which would meet Town specifications, of $9,266, plus applicable sales taxes. The Town share would be $4633, plus sales tax. Councilman Dennis Brown has told us that he would do the installation of these signs at no cost to us. Would you please take this request to the Town Council at one of its meetings in the near future? We have a very active Sister Cities program, with four Sister Cities, three in Europe and one in El Salvador. The signs would call this program to the attention of our residents and visitors. Thank you very much for your consideration. Very ;mly Yours, 4c;kie Miles President, Fountain Hills Sister Cities Corporation. TOWN OF FOUNTAIN HILLS BUDGET AMENDMENTS JOURNAL ENTRY PROOF LN ORG OBJECT PROD ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED YEAR -PER JOURNAL EFF -DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND 2016 06 44 12/09/2015 BUA NEW SIGN 1 8 1 TMAD 7010 MANAGER -ADMIN CONTINGENCY 147,174.96 -5,095.00 142,079.96 100-10-10-101-100-0106-7010- NEW SISTER CITIES SIGN 12/09/2015 2 STSIGN 6275 STREETS -STREET SIGNS SIGN REPAIR & REPLACEMENT 16,625.00 5,095.00 21,720.00 200-40-30-302-300-1970-6275- NEW SISTER CITIES SIGN 12/09/2015 * JOURNAL TOTAL 0.00 Z APPROVED: DATE: Report generated: 12/10/2015 10:10 User: BBogdan Page 1 Program ID: bgamdent TOWN OF FOUNTAIN HILLS BUDGET AMENDMENT JOURNAL ENTRY PROOF CLERK: BBogdan 2016 6 44 BUA TMAD-7010 12/09/2015 NEW SIGN BUA STSIGN-6275 12/09/2015 NEW SIGN Report generated: 12/10/2015 10:10 user: BBogdan Program ID: bgamdent CONTINGENCY 5 5,095.00 NEW SISTER CITIES SIGN SIGN REPAIR & REPLACEMENT 5 5,095.00 NEW SISTER CITIES SIGN JOURNAL 2016/06/44 TOTAL i1 Id Page 2 Meeting Date: 12/17/2015 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Mark Mayer - mmayer@fh.az.gov / (480) 816-5190 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of Approving a First Amendment to the Municipal Sponsorship and License Agreement with Little League Applicant: N/A Applicant Contact Information: N/A Owner: N/A Owner Contact Information: N/A Property Location: Golden Eagle Park Related Ordinance, Policy or Guiding Principle: Municipal Sponsorship and License Agreement Staff Summary (background): The Town approved an initial request from Little League for the installation of three new scoreboards at Golden Eagle Park on fields 2, 3, and 4 on August 15, 2013. The initial agreement was drafted as the Municipal Sponsorship and License Agreement. Under the original agreement and the Proposed First Amendment to the original agreement Little League is responsible for the purchase, installation and maintenance of the scoreboards. Diagrams of the fields and their location are included in this report. 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): Staff Recommendation(s): Staff is supportive of the request List Attachment(s): Copy of the First Amendment to the Municipal Sponsorship and License Agreement Page 1 of 3 SUGGESTED MOTION (for council use): Motion to Approve the First Amendment to the Municipal Sponsorship and License Agreement with Little League and authorizing the Town Manager to sign the Agreement Page 2 of 3 Prepared by: NA 12/9/2015 Director's Approval: Mark Mayer, Community Services Director 12 9 2015 App owed: Grady E. Miller, 0 nager 12/10/2015 Page 3 of 3 FIRST AMENDMENT TO MUNICIPAL SPONSORSHIP AND LICENSE AGREEMENT THIS FIRST AMENDMENT TO MUNICIPAL SPONSORSHIP AND LICENSE AGREEMENT (this "First Amendment") is entered into and effective December 17, 2015, by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Fountain Hills Little League, Inc., an Arizona non-profit corporation ("Little League"), for the purposes set forth below. All capitalized terms not otherwise defined in this First Amendment have the same meanings set forth in the Agreement (defined below). RECITALS A. The Town and Little League entered into a Municipal Sponsorship and License Agreement, Contract No. 02014-127 dated August 15, 2013 (the "Agreement"), to grant Little League a license to use the Ballfield Area, at Golden Eagle Park (the "Park") to conduct Little League baseball games and to install and use scoreboards and existing backstops and dugout areas for sponsorship activities. B. Little League desires to make additional improvements to the Ballfield Area by installing an additional new electronic scoreboard in the location depicted on Exhibit A attached hereto and incorporated herein by reference, and in the style, configuration, size and componentry set forth on Exhibit B attached hereto and incorporated herein by reference (the "Additional New Scoreboard"). C. The Town and Little League desire to enter into this First Amendment to allow Little League to install, operate and maintain the Additional New Scoreboard. AGREEMENT NOW, THEREFORE, in consideration of the recitals set forth above, which are incorporated herein by reference, the mutual covenants set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and Little League agree as follows: 1. Additional New Scoreboard. Little League shall have the right, at its sole expense, to install the Additional New Scoreboard in accordance with the Town's applicable codes and to the Town's satisfaction with licensed, bonded contractors, which construction shall be subject to final inspection and approval by the Town. If Little League chooses to install the Additional New Scoreboard, prior to commencing such installation, it shall (A) submit all required documents and secure such permits as are required by the Town's codes or regulations, (B) remove the existing scoreboard on the Ballfield Area as designated in Exhibit A with licensed contractors properly qualified, bonded and insured to perform such work and (C) remove or cause removal of the existing scoreboard from the Park to the location designated by the Town. 3495862.3 1.1 Sponsorship. Little League shall have the right to allow for recognition of its sponsors on the Additional New Scoreboard as set forth in subsection 2.6(A) of the Agreement. The Sponsorship Recognition Period for the Additional New Scoreboard shall be for a period of time beginning on the date the Town accepts installation of the Additional New Scoreboard and continuing for three years thereafter. 1.2. Maintenance and Oaerat�on. Little League shall maintain and operate the Additional New Scoreboard in accordance with the requirements of subsection 2.6(B) and subsection 2.6(C) of the Agreement. 2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 3. Mon -Default. By executing this First Amendment, Little League affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 4. Cancellation by Town. This First Amendment and the Agreement may be cancelled by the Town pursuant to ARiz. REv. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 2495862.3 IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE 4F ARIZONA ) )ss. COUNTY OF MARICOPA ) On -12015, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] ?495862.3 3 "Little League" FOUNTAIN HILLS LITTLE LEAGUE, INC., an Arizona non-profit corporation Name. � U�,� r J�,, V., r �, ,� Tide: (ACKNOWLEDGMENT) STATE OF ARIZONA )ss. COUNTY OF MARICOPA� On ff 9 , 2015, before me personally appeared 13AO�� the ?/?6&1a22:L of FOUNTAIN HILLS LITTLE LEAGUE, INC., an Arizona non-profit corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/ e i alf of the corporation. SHAE MONTANEZ _ Notary Public - Arizona s Maricopa County • My Comm. Expires Aug 31 2017 Notary Pu in and for a Sta a of Arizona (affix notary seal here) 2495862.3 4 EXHIBIT A O FIRST AMENDMENT TO MUNICIPAL SPONSORSHIP AND LICENSE AGREEMENT [Depiction of Additional New Scoreboard Location] See following pages, 249580.3 GOLDEN EAGLE PAR K Nor I I EXHIBIT B TO FIRST AMENDMENT TO MUNICIPAL SPONSORSHIP AND LICENSE AGREEMENT [Depiction of Additional New Scoreboard] See following page. 2495962.3 4��AIN�1 { 0 3 � 9'�fbsr�is A ti�� Meeting Date: 12/17/2015 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session 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 PLAT of "LAS MONTANAS DEL SOL DOS", a lot line adjustment of Lot #5 (APN 176-27-P88) that will create a new Tract "A". Case # S 2015-10 Applicant: Applicant Contact Information: Property Location: The Echelon Company Dennis Brown 1�1. Monterey Drive Fountain Hills, AZ 85268 16442 E. Los Siete Ct, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: Fountain Hills Subdivision Ordinance , Section 2.07 Replats Staff Summary (background): The applicant is requesting a lot line adjustment lot #5 in order to create "Tract A" as well as redefine the property side property line of Lot #5 in order to reduce the setback requirement and allow for a larger building envelope. The amended property line will not create any non -conformities. Lot #5 will continue to meet the minimum frontage and area zoning requirements. Tract A will become the responsibility of the HOA, contain the community mailboxes, and will otherwise be non -buildable. Risk Analysis (options or alternatives with implications): Approval of the re -plat will allow the applicant to reconfigure lot #5 and create Tract A. Disapproval will require the applicant to keep the existing lot configurations. Fiscal Impact (initial and ongoing costs; budget status): None anticipated Page 1 of 2 9624 N. Monterey Drive - Replat TC — 12/17/2015 Staff Recommendation(s): Staff believes that creating Tract A and allowing Lot #5 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. Attachment(s): Application HOA Letter Replat Plan SUGGESTED MOTION: Move to approve the FINAL PLAT of "LAS MONTANAS DEL SOL DOS", a lot line adjustment of Lot #5 (APN 176-27-388) that will create a new Tract "A". Case # S 2015-10 Submitted by: Ro6ert Rodgers��p Senior Planner 12/7/2015 Approved: Director 12/8/2015 Approved: Pr §y Miller, T n anager 12/9/2015 Page 2 of 2 DO Not write in this sijace —official use only Filing Date Jul"I /.- Accepted By 44J - Fee Accepted .3-3100 _ 0* Case Manager d IX 11411 The Town of Fountain Hills PLANNING & ZONING DEPARTMENT - APPLICATION Abandonment (Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan & Amendments Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development Preliminary / Final Plat Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) Special Use Permit & Amendments Site Plan _Review (vehicles sales) Temporary Use Permit (Median Fee, if applicable) -Variance 4 Other PROJECT NAME/ NATURE OF PROJECT: &a -s mov\tc oka-V pe-( SCA Oci5. 0- Re p �c'�'t LEGAL DESCRIPTION: Plat NameL&s Block / Lot S PROPERTY ADDRESS: /' &� Z o S S re- f e— t- PARCEL SIZE (Acres) 0 Z.S ,:7-cv-es ASSESSOR PARCEL NUMBER ! -76- 2-7-388 NUMBER OF UNITS PROPOSED TRACTS % EXISTING ZONING 1--,'/-/0 0 , , (7 PROPOSED ZONING 1 - 1 © Anallicant Mrs. Mr. Ms. Owner Mrs. Mr. Ms. all Day Phone ffl-*V • la4 Address06-M ,l...r _ / % _ Address: City: Day Phone Stater - Zip: Ifappiication is being submitted bysomeone other than the owner of the property under consideration, the section below must be completed, SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Print Subscribed and swom before me this day of , 20 My Commission Expires Notary Public MUNIS APPLICATION #JA61K- IV -.-raef 41,0tive-maw 1201 MANOA ROAD, WYNNEWOOD, PA 19096 Ntwnubcs 24. 2013 1MV0 of fixu"" HM6 167705 L A&vjmc *( the lijusslains h-mswjn Hibe., AZ M"I" Rr: Act-clAnum oi Traci 6A' T (6101 761 - 5383 kmal., FitANKSPARROWOICLOUD.COM Am.aciadm wvcptb nvonsIffity of Tmct W as m Dd Sol Subdivv'4'M - DEDICATION, STATE OF ARIZONA ) ) SS COUNTY OF MARICOPA ) KNOW ALL MEN BY THESE PRESENTS THAT MJTH3, LLC AN ARIZONA UNITED LIABILITY COMPANY, AS OWNER, HAS SUBDIVIDED UNDER THE NAME OF LAS MONTANAS DEL SOL DOSS A REPLAT OF LOT 5, LAS MONTANAS DEL SOL, ACCORDING TO BOOK 809 OF MAPS PACE 2, LOCATED IN THE SOUTHEAST QUARTER SEC17ON 15, TOMSHIP J NORTH, RANGE 6 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA AS SHOWN PLATTED HEREON, AND HEREBY PUBLISHES THIS PLAT AS AND FOR THE PLAT OF S410 LAS MONTANAS DEL SOL DOS, AND HEREBY DECLARES THAT SAID PUT SETS FORTH THE LOCATION AND GIVES THE DIMENSIONS OF THE LOT EASEMENTS AND TRACT CONSTITUTING THE SAME; AND THAT THE LOT AND TRACT SHALL BE KNOWN BY THE NUMBER AND LETTER GIVEN EACH RESPECTIVELY, AND THAT M&TH3 LLC AS OMER, HEREBY DEDICATES TO THE TOWN OF FOUNTAIN HILLS THE PUBLIC U17UTY EASEMENTS AS SHOW ON SAID PLAT. TRACT 'A' IS HEREBY DECLARED TO BE EASEMENTS FOR LANDSCAPING AND PUBLIC U71UIIES AND SHALL BE CONVEYED TO AND MAINTAINED BY THE HOME OWNERS ASSOCIATION. IN WITNESS M„FFH3, LLC AN ARIZONA LIMITED LIABILITY COMPANY, AS OWNER, HAS HERE UNTO CAUSED ]HEIR NAME 70 BE SIGNED AND THE SAME TO BE ATTESTED BY THE SIGNATURE OF THE UNDERSIGNED OFFICER OF MJM4 LLC, THEREUNTO AUTHORIZED THIS DAY OF 2015. BY. M.FFH3 LLC BY.• TTS ACKN0WLIDG6WENT STATE OF ARIZONA ) )ss COUNTY OF UARICOPA ) ON TM.$ THE _ DAY OF 201, BEFORE ME THE UNDERSIGNED OMCM PERSONALLY APPEARED WHO ACKNOWLEDGED HIMSELF TO BE AN OFFICER OF M.,fTHJ, LLC AN ARIZONA LIMITED LIABILITY COMPANY AND THAT SUCH OFFICER BEING AUTHORIZED SO TO DO, EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN CONTAINED BY SIGNING THE NAME OF THE COMPANY BY HIMSELF, AS SUCH OFFICER. IN WITNESS WHEREOF I HEREUNTO SET MY HAND AND OMCIAL SEAL NOTARY PUBLIC MY COMMISSION EXPIRES TOWN APPROVAL APPROVED BY THE TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, THIS DAY OF 2011 BY.• MAYOR ATTEST.• TOWN CLERK AFMV" APPROVED BY THE TOWN ENGINEER AND THE COMMUNITY DEVELOPMENT DIRECTOR. BK DATE TOWN ENGINEER BY: DATE COMMUNITY DEVELOPMENT DIRECTOR FINAL PLAT OF LAS MONTANAS DEL SOL DOS A REPLAT OF LOT 5, LAS MONTANAS DEL SOL, ACCORDING TO BOOK 809 OF MAPS, PAGE 2, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA Irk Scafe in feet 0 10 20 30 SCALE. /' = 10' CRYSTAL RIDGE M.C.R. BOOK 394 OF MAPS PAGE 34 S5870 00 E 65.00' 20' 8.SL. 6� 1�� tri LOT 5 ` \'v vi R-45.00' 20' B.S.L. W v�• a a Zai °° io 16.95' 44T�� N5870'00'W 61.56' N5870 00'W f8j? Py 4� N N LOS SAGUAROS COURT S58'10'00 E 36QOO' NOTES 1. THIS PLAT IS LOCATED VATH1N THE EPCOR WATER SERVICE AREA AND HAS BEEN DESIGNATED AS HAVING AN ASSURED WATER SUPPLY. 2. ALL SANITARY SEWER IS TO BE PUBLIC AND CONSIRUC7E0 PER THE FOUNTAIN HILLS SANITARY DISTRICT'S FACIU77ES DESIGN STANDARDS A ALL WATER LINES ARE TO BE OWNED BY AND CONSTRUCTED PER EPCOR WATER DESIGN PROCEDURES AND CRITERIA. 4. PROPERTY OWNERS ARE HEREBY NOTIFIED THAT LOT TO LOT SURFACE DRAINAGE IS ANllCIPATED AND SHALL BE ACCEPTED 5, CONSIRUC17ON WITHIN U17UTY EASEMENTS IS LIMITED TO U7TUTIES AND REMOVABLE TYPE FENCING. 6. EACH PROPERTY OWNER AND/OR THE RESPECTIVE HOMEOWNERS ASSOCIA710N IS RESPONSIBLE 70 MAINTAIN THEIR RIGHT-OF-WAY FRONTAGE LANDSCAPING AND VEHICULAR 9GHT LINES IN A MANNER THAT PROVIDES SAFE VEHICULAR SIGHT V19BIUTY AS REQUIRED BY THE TOM ENGINEER. CER7MAIM L LLOYD E PEW, HEREBY CERTIFY THAT I AM A REUS7ERED LAND SURVEYOR IN THE STATE OF ARIZONA; THAT TMS PLAT CORRECTLY REPRESENTS A SURVEY MADE BY Mi~ THAT THE SURVEY IS TRUE AND COMPLETE AS SHOW, THAT ALL MONUMENTS SHOWN ACTUALLY EXIST OR WILL BE SET AS SHOW. THAT THEIR POSITIONS ARE CORRECTLY SHOWN AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. LLOYD E PEW, RLS X33866 1 ,11CA sop 3350 LUM r $ R TPC EXPIRES 6/30/17 LOCATION MAP NOT TO SCALF 4 OWNFR SITE DATA MJFH$ LLC AN ARIZONA AREA' 11,104 SOFT. LIMITED LIABILITY COMPANY A.P.N. 176-27-388 The Echeian Company 9624 North Monterey Suite E Fountain Hills, Arizona 480-816-1244 LEGAL DESCPTM LOT 5, LAS MONTANAS DEL SOL, ACCORDING TO BOOK 809 OF MAPS, PAGE 2, RECORDS OF MARICOPA COUNTY, ARIZONA. BASS OF BEARINGS THE BASIS OF BEARINGS IS THE CENTERLINE OF LOS 9ETE COURT HAVING A BEARING OF N 5870'00' W. AREA& LOT 5 10,785 SQUARE FEET TRACT 'A' 319 SQUARE FEET TRACT'A' USE: EASEMENTS FOR LANDSCAPING AND PUBLIC UTTLIRES LEC,80 0 SET REBAR ® FOUND NAIL AND WASHER O FOUND REHAR O FOUND BRASS CAP M.C.R. MARICOPA COUNTY RECORDER P.U.E PUBLIC UTILITY EASEUENT L. F- LANDSCAPE EASEMENT O.S.L. BUILDING SETBACK LINE ASSLfW WA TO SUPPLY A CERTIFICATE OF ASSURED WATER SUPPLY AND COND1770MAL LETTER ASSURING WATER SERVICE FOR 771IS PROPERTY HAVE BEEN SUBMITTED TO THE TOWN OF FOUNTAIN HILLS FROM EPCOR WATER. !EW LRD �usevoymo' P.0 Box 18211 Project No. 15-009 Fountain H81A AZ 85269 Drawn by LEP (480) 239-1807 Checked by LEP E-mail. IpewOpew-!s, com www.pew-Is.com Dote 12-1-15 Meeting Date: 12/17/2015 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Robert Rodgers, Senior Planner rrodgers(a)_fh.az.gov 480-816-5138 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): PUBLIC HEARING regarding ORDINANCE 15-12, AMENDMENTS to the Town of Fountain Hills Zoning Ordinance Sections 6.08.B.11 and 6.08.D.1.c. to extend the expiration date for A -frame signs and Banners for special sales events to December 31, 2016. Case # Z2015-04 CONSIDERATION of ORDINANCE 15-12, amendments to the Town of Fountain Hills Zoning Ordinance Sections 6.08.13.11 and 6.08.D.1.c to extend the expiration date for A -frame signs and Banners for special sales events to December 31, 2016. Case # Z2015-04 Applicant: Applicant Contact Information: Property Location: Town of Fountain Hills Planning & Zoning Division Town -Wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 6, Section 6.08.B.11 Fountain Hills Zoning Ordinance Chapter 6, Section 6.08.D.1.c Staff Summary (background): This is a Zoning Ordinance text amendment that would extend the expiration dates on Commercial A - Frame signs and for Banners for special sales events. This process has become an annual review as the permitted usage of these types of signs has been expiring on Dec. 31stof each year since 2009. The Planning & Zoning Commission is being requested to once again make recommendations regarding extending the sunset provisions for an additional year. The attached draft Ordinance #15- 12, if approved, would extend the expiration date for A -Frame signs as well as Banners, Balloons and Pennants to December 31, 2016. Without an extension these signs may no longer be used after December 31, 2015. Page 1 of 3 Banners & A -Frames 2015-2016 Sunset Clause Exclusion Both the Planning & Zoning Commission and Town Council expressed reservations in past years about extending the expiration dates due to the non-compliance of a number of the businesses who use these types of signage. Code Enforcement staff has provided a brief summary of the cases involving A -Frame Signs and/or Banners in 2015 (attached). As may be seen, A -Frame sign violations have significantly declined from 86 in 2014 to 8 in 2015. The number of Banner violations however has not decreased. Banner violations have increased from 11 in 2014 to 20 in 2015. The proposed amendments before you this evening are virtually the same as in previous years. Only changing the expiration dates in the two sections of Chapter 6 of the Zoning Ordinance which include expiration dates of December 31, 2015. Section 6.08.B.11 of the Zoning Ordinance relates to the use of A -Frame signage and states that; "No A -frame sign is permitted anywhere within the Town of Fountain Hills after December 31, 2-04-5 2016." Section 6.08.D.1.c of the Zoning Ordinance relates to the use of Banners and states; "On a recurring basis with advance notification to the Town for not more than two periods of seven (7) consecutive days per month. The provisions of this subsection 6.08(D) shall expire on December 31, 20=15 2016." Risk Analysis (options or alternatives with implications): Approval of this text amendment will extend the expiration date for A -Frame Signs and Banners for an additional period of time. Denial of this text amendment will require that the use of A -Frame Signs and Banners stop as of December 31, 2015. Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): The Planning & Zoning Commission will hold a Public Hearing and Make Recommendations subsequent to the writing of this staff report on December 10, 2015. Draft minutes and recommendations will be forwarded to the Town Council prior to December 17, 2015. Staff Recommendation(s): Staff recommends that the Town Council approve the extension of the expiration date for A -Frame signs and event Banners for an additional year. List Attachment(s): Draft Ordinance #15-12 11/30/2015 Code Enforcement Report 3/5/2015 Town Manager's Memo 12/10/2015 Draft P&Z Minutes Page 2 of 3 Banners & A -Frames 2015-2016 Sunset Clause Exclusion SUGGESTED MOTION (for Council use): Move to approve Ordinance #15-12, a text amendment to Sections 6.08.6.11 and 6.08.D.1.c of the Fountain Hills Zoning Ordinance, extending the expiration dates for Banners and A -Frame signs until December 31, 2016. Prepared by: Robert Rodgers Robert Rodgers, Senior Planner 12/7/2015 Director's pproval, auI ood, Development Services Director 12/8/2015 Approved: I Grady E. er, Town Manager 12/9/2015 Page 3 of 3 ORDINANCE 15-12 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 6, SIGN REGULATIONS, RELATING TO A -FRAME SIGNS AND BANNERS. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance No. 93-22, which established the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 6 (Sign Regulations) to (i) extend the time period during which A -frame signs are allowed until December 31, 2016, and (ii) extend the time period during which banners, balloons and pennants are permitted for certain events until December 31, 2016; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARM REV. STAT. § 9-462.04, as amended, public hearings regarding this Ordinance were advertised in the November 25, 2015, December 2, 2015, and December 9, 2015, edition of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission (the "Commission") on December 10, 2015, and by the Town Council on December 17, 2015; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Zoning Ordinance, Chapter 6 (Sign Regulations), Subsection 6.08(B)(11), is hereby amended as follows: 11. No A -frame sign is permitted anywhere within the Town of Fountain Hills after December 31, 2016. SECTION 3. The Zoning Ordinance, Chapter 6 (Sign Regulations), Subsection 6.08(D)(1)(c), is hereby amended as follows: C. On a recurring basis with advance notification to the Town for not more than two periods of seven (7) consecutive days per month. The provisions of this paragraph 6.08(D) shall expire on December 31, 2016. 2505684.2 SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, December 17, 2415. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2505684.2 2 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney AIN � b O b •9��rhat is AY`ti�r . DATE: 11/30/2015 TO: Bob Rodgers FROM: Roy Jaffe Code Enforcement Division SUBJECT: 2015 A -Frame and Banner Violations MEMORANDUM From 01/01/2015 to date, there have been eight (8) documented A -frame sign violation cases involving local businesses. This does not include real estate (open house) A -frame sign violations, as those are in a separate category in the Ordinance. There may have been other business A -frame violations, but they were either not reported or not observed by Code Enforcement. Due to the portable nature of the signs, such violations are often resolved prior to staff going out to the site to address the matter. The change to the Ordinance ending the requirement to obtain an A -frame sign permit has reduced the number of violations as well. From 01/01/2015 to date, there have been twenty (20) documented business banner violation cases. Eight (8) of those cases were for display of flag banners and two (2) were for display of pennants. Such violations are generally easier to discover, as most banners are left up for longer time periods. During the Shea and Saguaro construction projects, the Town Manager (Ken Buchanan) sent out a memo that was distributed to the business community, specifying that the Town would relax the banner regulations. This action, which was taken in an effort to compensate for the hardships created by the construction project, allowed businesses (that front Shea or Saguaro) to each display one promotional banner on their respective storefronts for the duration of the construction. After the construction was officially complete, approximately 10 businesses needed to be reminded to remove their banners, but all complied voluntarily. f` Roy a e Code Enforcement %-W ------ (74 DATE : March 5h- 2015 FROM: Ken Buchanan, Town Manager)o TO: Mayor & Town Council SUBJECT: Banners or Businesses Adjacent to Saguaro Boulevard During Construction During -road comstruction projects such. as the Shea Blvd. Widening and the Saguaro Blvd. Reconstruction the contractor is required to maintain reasonable access to local. businesses. While this is being done, many local businesses have requested the use of banners in addition to the contractor's "business access" signage to let motorists and customers know that they are open during construction. As such I m requesting that businesses be allowed to place banners on their businesses or adjacent walls under the following conditions., 1. Business or plaza must directly front the overall construction. zone (including Saguaro Blvd. frontage road), 2. One Banner per business/building is permissible per business or plaza structure. 3. Banner may be utilized until substantia]. completion. of the, roadway construction project. 4. Banner size and location. must confortu with the Zoning Ordinance 6.08, D -to ensure sight line traffic . safet I Y Please notify. the Chamber of Commerce, Business Alliance and Fountain Hills Times of this change to help promote businesses in Fountain Hills with access directly impacted by roadway construction. 'Page I of *1 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION December 10, 2015 Chairman Michael Archambault opened the meeting at 6:30 p.m. ROLL CALL: The following Commissioners were present: Chairman Michael Archambault, Vice -Chairman Eugene Mikolajczyk; Commissioners Stan Connick, Howie Jones (by telephone conference), Susan Dempster, and Roger Owers. Commissioner Jeremy Strohan was absent. Also in attendance were, Senior Planner and Zoning Administrator Robert Rodgers, and Executive Assistant and Recorder of the minutes Paula Woodward. Chairman Michael Archambault requested participation in the Pledge of Allegiance and a moment of silent reflection. CALL TO THE PUBLIC No one wished to speak. AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION DATED October 8. 2015. Commissioner Stan Connick MOVED to APPROVE the meeting minutes dated Thursday, October 8, 2015, as written. Vice -Chairman Mikolajczyk SECONDED. Chairman Archambault Aye Vice -Chairman Mikolajczyk Aye Commissioner Dempster Aye Commissioner Jones Aye Commissioner Owers Aye Commissioner Connick Aye The MOTION CARRIED UNANIMOUSLY 6-0. AGENDA ITEM #2 - PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED AMENDMENTS TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE SECTIONS 6.08.11.11 AND 6.08.D.1.C. APPROVAL OF THE AMENDMENTS WILL EXTEND THE EXPIRATION DATE FOR A -FRAME SIGNS AND BANNERS FOR SPECIAL SALES EVENTS TO DECEMBER 31, 2016. CASE # Z2015-04 ORD #15-12 Chairman Archambault opened the public hearing at 6:31 p.m. Robert Rodgers gave a presentation about Ordinance # 15-12 which consists of text amendments to the Zoning Ordinance that will extend the expiration dates on commercial A-Framc signs and also on Banners. Mr. Rodgers stated that unless extended, these two sign types will no longer be permitted in Fountain Hills after December 31". These signs have, since 2009 typically been given annual extensions of their expiration dates. This year's request is similar to past requests: A one year extension of the expiration dates from 12/31/2015 to 12/31/2016. Mr. Rodgers went on to say there have been a "manageable" number of A -Frame violations this year which were better than previous years. Banner compliance however is gradually getting a little worse. From 11 violations to 20 violations. The numbers Page 1 of 3 are still relatively low and Code Enforcement should still be able to keep it under control. Mr. Rodgers concluded that staff recommends that the Planning and Zoning Commission forward a recommendation to the Town Council to approve Ordinance #15-12 and extend the expiration dates for one year until December 31, 2016. There were no citizens wishing to speak on this agenda item. Chairman Archambault closed the Public Hearing at 6:33 p.m. AGENDA ITEM # -3 CONSIDERATION OF PROPOSED AMENDMENTS TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE SECTIONS 6.08.B.11 AND 6.08.D.1.C. APPROVAL OF THE AMENDMENTS WILL EXTEND THE EXPIRATION DATE FOR A -FRAME SIGNS AND BANNERS FOR SPECIAL SALES EVENTS TO DECEMBER 31, 2016. CASE # Z2015-04 ORD #15-12 The Commission talked amongst themselves about the past history of the sign ordinances and then Chairman Archambault asked for a motion. Commissioner Owers made a MOTION to forward the recommendation to the Town Council to approve Ordinance #15-12, a text amendment to Sections 6.08.13.11 and 3.08.D. Lc of the Fountain Hills Zoning Ordinance, extending the expiration dates for Banners and A -Frame signs until December 31, 2016. Commissioner Jones SECONDED and the MOTION CARRIED UNANIMOUSLY (6-0). AGENDA ITEM #4 - COMMISSION DISCUSSION/REQUEST FOR RESEARCH TO STAFF. ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (I) PLACING SUCH ITEMS ON A FUTURE AGENDA FOR ACTION OR (II) DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COMMISSION. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING POSSIBLE AMENDMENTS TO THE C-2 ZONING DISTRICT REGULATIONS TO ALLOW FOR OUTDOOR MUSIC AND ENTERTAINMENT IN A SIMILAR MANNER TO WHAT IS PERMITTED IN THE TCCD ZONING DISTRICT. Chairman Archambault asked Mr. Rodgers if any changes were scheduled for the regulations to allow for outdoor music and entertainment in the C-2 Zoning district. Mr. Rodgers stated that there has never been an issue and currently no changes are scheduled. Mr. Rodgers provided the Commission with a handout detailing the current outdoor entertainment regulations for the C-2 and C-3 commercial zoning district and the Town Center Commercial Zoning District. Mr. Rodgers explained that currently the C-2 and C-3 Zoning Districts are allowed to have outdoor patios and dining areas provided that there is not entertainment or music audible off-site while the TCCD is allowed to have outdoor areas without those restrictions. Chairman Archambault stated that there are businesses throughout town, outside of the TCCD Zoning District that would benefit if changes were made to the current regulation. Chairman Archambault stated if the regulation was changed, businesses in the C-2 areas would benefit from hosting outdoor music and entertainment without violating town regulations. Chairman Archambault formed a subcommittee of residents, staff and commissioners to review and research the current regulations and suggest changes to the regulations to accommodate businesses within the C- 2 zoning areas. Chairman Archambault asked if the commission was agreeable with pursuing the change and if so would any commissioners want to volunteer for the committee? Page 2 of 3 Commissioner Dempster and Vice-Chainnan Mikolajczyk volunteered to be part of the committee. Chairman Archambault suggested one or two residents would be enough on the committee along with the assistance of Mr. Rodgers and Ms. Woodward. AGENDA ITEM #5 - SUMMARY OF COMMISSION REQUESTS FROM SENIOR PLANNER. Mr. Rodgers noted that he was asked to find two Town residents that would be interested in being on the subcommittee. AGENDA ITEM #6 - REPORT FROM SENIOR PLANNER AND ZONING ADMINISTRATOR, PLANNING AND ZONING DIVISION OF DEVELOPMENT SERVICES. None. AGENDA ITEM #7 - ADJOURNMENT. Vice -Chairman Mikolajczyk MOVED to adjourn the meeting at 6:45 p.m. and Commissioner Jones SECONDED and the MOTION CARRIED UNANIMOUSLY (6-0). FOUNTAIN HILLS PLANNING & ZONING COMMISSION Chairman Michael Archambault ATTEST: Paula Woodward, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 10th day of December 2015, in the Town Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268. I further certify that the meeting was duly called and that a quorum was present. Dated this 14"' day of December 2015. Paula Woodward, Executive Assistant Page 3 of 3 eo!� VAIN� z RYi n 9i�fhac`J to Meeting Date: 12/17/2015 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: David Trimble, Administrative Services Director, DTrimble@fh.az.gov, 480-816-5125 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2015-54, approving the Town of Fountain Hills Personnel Policies and Procedures (amended and restated August 1, 2013) amendment relating to the information technology (LT.) policies, vacation leave policy, and personal leave policy; and declaring an emergency. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The current Town of Fountain Hills Personnel Policies and Procedures manual was approved by Council in 2013 and an update to the Information Technology (I.T.), vacation leave and personal leave segments are recommended for various reasons. • I.T. Policy: The recommended update will remove redundant requirements, make specific reference to acceptable usage, and recognize newer technologies such as smartphones and tablets. This update also consolidates five subcategories (Electronic Mail and Scheduling System, Internet Use, Use of Electronic Devices, iPad/iPhone Policy, and Social Media Policy) into four (Acceptable Use of Information Systems, Software/Hardware, Intranet/Internet and Email, and Audit of Information Systems) thereby further streamlining the policy. • Vacation Leave: The current employee policy regarding maximum vacation accumulation is complicated, and often requires extensive time to communicate and administer. This proposed change to the policy regarding maximum amount of vacation hours allowed to be accumulated has been streamlined and simplified. The proposed policy keeps intact the graduated increase by length of service - The longer amount of time as a Town employee the higher the amount of vacation hours employees are allowed to accumulate. However, instead of a complicated series of statements, the proposed policy simply allows employees to accumulate two times (two years worth) their yearly earning amount as depicted in the related chart. • Personal Leave: The Town's current personal leave policy is limited to 30 hours per year for full-time employees and is currently tied to sick leave and often requires extensive time to explain and administer. This sick leave tie-in causes confusion on the part of employees, supervisors, and requires a manual back -end adjustment for each employee that utilizes personal leave each time payroll is processed (every two weeks). This proposed change will separate sick leave (full-time employees earn 104 hours of sick leave per year) from Page 1 of 2 personal time to simplify and streamline both communication to employees and the administration process. Since personal leave is administered on the calendar year, staff recommends this change be effective upon passage by Council (emergency effective date) instead of the normal 30 day wait for actions to become effective. These proposed changes to the I.T., vacation leave, and personal leave policies will streamline processes; eliminate redundancies; improve clarity; and simplify language in order to improve overall efficiency while keeping intact the concepts already in place. Risk Analysis (options or alternatives with implications): Current policies regarding I.T. usage, maximum vacation accumulation and personal leave time are complicated, require unnecessary administration, and have caused confusion for both employees and supervisors. Fiscal Impact (initial and ongoing costs; budget status): None - this policy update does not require any new expenditures. 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): N/A Staff Recommendation(s): Approve List Attachment(s): Town of Fountain Hills Personnel Policies and Procedures manual excerpts and proposed updated sections Resolution 2015-54 SUGGESTED MOTION (for Council use): Move to approve resolution 2015-54. Prepared by: n r/ /� F J i' L l 1 -rJ1L ✓Ylt%r David Trimble, Administraive Services Director 12/10/2015 Director's Approval: David Trimble, Administrative Services Director 12/10/2015 A r ved: Grady E. Mille , To Manager 12/10/2015 Page 2 of 2 SECTION: POLICY: POLICY NO: EFFECTIVE: REVISED: Town of Fountain Hills Personnel Policies and Procedures FRINGE BENEFITS AND LEAVES VACATION LEAVE 903 October 7, 2004 AugpA-Decernber+17, 2015-3 PURPOSE: To establish the means by which Town of Fountain Hills employees may earn and use vacation leave and to provide for the compensation of unused vacation leave upon separation from Town service. STATEMENT OF POLICY: Vacation leave is part of the integrated program of benefits for Town employees. Such leave is intended as a necessary break from normal duties to allow employees to engage in outside recreational activities as a means of achieving and sustaining high levels of productivity during regularly scheduled duty. SCOPE: All full-time Town employees accrue vacation leave hours. Part-time employees who work a minimum of 20 hours per week on a regular scheduled basis accrue Paid Time Off (PTO). Temporary and seasonal employees do not earn vacation leave or PTO. (See "Eligibility for Benefits" - Policy # 902). The amount of vacation time and PTO employees receive each year increases with the length of their employment. Vacation time and PTO begin to accrue with the employee's first full bi-weekly pay cycle, subject to the following: Upon completion of six (6) months of actual service, each full-time employee shall be credited with up to fifty-two (52) hours of vacation and shall accrue vacation thereafter at the rate specified in this policy. Upon completion of six (6) months of actual service, eligible part-time employees shall be credited with up to twenty-six (26) hours of PTO and shall accrue PTO thereafter at the rate specified in this policy. ACCRUAL RATE & MAXIMUMS — FULL TIME EMPLOYEES: Length of Service Hours per Pay Period/Year 1€I Maximum Start date through completion of 3d year 4.00/104 4-84208 4d' year through completion of 7 year 5.00/130 4-38260 8 ' year through completion of 10" ear 6.00/156 4-56312 11` year through completion of 15 year 7.00/182 4-52364 16 + Years 8.00/208 205416 Maximum vacation accruals increase with length of service as depicted in the chart and is limited to two times the yearly accrual.',.,, time e ..levees who have eempleted seven (7) years of ,.,,,,t:,,, ous sei=viee will be hoursallowed to . fnum of one hundi-ed seventy six (176) heur-s of vaeation. Full time empleyees who have eempleted between seven (7) and fifteen (15) year -s of eentinuous sen4ee will be allowed to aeepde maximam of two headfed (200) hours ef vaeation. Full time empleyees who have eempleted fifteen (15) year -s er- fner-e of eontintious sen,iee will be allev�,ed to aeende a maximum of two hundr-ed twenty feur- (244) of vaeafien. ACCRUAL RATE & MAXIMUMS – PART-TIME EMPLOYEES: Length of Service Hours per Pay Period/Year Maximum Start date through completion of 3rd year 2.00/52 52104 4' year through completion of 7` ear 2.50/65 65130 801 year through completion of 10`' year 3.00/78 79156 1Fyear through completion of 15" year 3.50/91 91182 16 + Years 4.00/104 4-04208 Maximum vacation accruals increase with length of service as depicted in the chart and is limited to two times the yearly accrual.Pai4 time empleyees whe have eempleted seven (7) years of eenfinuous sen,iee will be allowed to imiam of eighty eight (88) hours of PT -0. Pai4 time emplayees who have eampk4ed between seven (7) and fifteen (15) year -s of eet4iflu— will be allewed to aeena ef one hundr-ed (100) heur-s of PTO. Pai4 tifae empleyees who have eempleted fifteen (15) years or- mar- eef4intieus sen,iee will be allewed to a . itim of one huadfed twelve (112) hours of PTO. All vacation leaves and PTO are to be taken at the convenience of the department and shall be approved in writing, or through automation, by the supervisor or his/her designee. It is the responsibility of the employee to schedule his/her vacation time or PTO in compliance with departmental workloads and needs. Requests for vacation time or PTO should be submitted to the supervisor as far in advance as possible. Employees may be recalled from vacation leave or PTO, or may have their scheduled vacation leave or PTO postponed, when deemed necessary by the department director. When an employee is recalled from vacation leave or PTO, the employee's vacation leave or PTO will be rescheduled to the earliest convenient time. Employees will be permitted to use vacation leave or PTO in incremented units of one-half (1/2) hour or more, in any one day. Vacation time or PTO shall not be advanced to an employee nor may vacation time or PTO be transferred between employees. Vacation time and PTO will not accrue for workweeks in which there are no hours paid by the Town of Fountain Hills. If the employee has an accrued vacation or PTO balance, the vacation time or PTO must be paid out before any unpaid time off is approved. Vacation hours or PTO must be used for sick leave if accrued sick leave hours have been exhausted. Neither vacation hours nor PTO will count toward hours worked for purposes of computing overtime. If a holiday falls within an employee's vacation or PTO, the employee will not be charged with vacation or PTO hours for the holiday, but will be paid for the holiday at the appropriate holiday rate. Separation of Employment Awarded vacation leave hours or PTO will be paid at the employee's regular hourly rate upon separation of employment. No more than the maximum allowable accrual of vacation leave is compensable upon separation of employment. Vacation leave or PTO accrued during the initial introductory employment period (six months) will not be compensated if separation occurs during the initial introductory period. Town of Fountain Hills Personnel Policies and Procedures SECTION: FRINGE BENEFITS AND LEAVES POLICY: PERSONAL LEAVE (OPTIONAL) POLICY NO: 907 EFFECTIVE: October 7, 2004 REVISED: December 4-17, 201-35 The Town of Fountain Hills provides full-time employees with personal leave time. Full-time employees hired before July 1 st are eligible for thirty (3 0) hours of personal leave time during their first calendar year of employment and 30 hours each year thereafter. Full-time employees hired after July 1 st but before October 1 are eligible for twenty (20) hours of personal leave time during their first calendar year of employment and thirty (30) hour of personal leave time each year thereafter. Employees hired on or after October 1st do not receive any personal leave time within the balance of the calendar year, but are to receive thirty (30) hours of personal leave time each year thereafter. enoughPer-senal leave time will be dedueted ftem the empleyee's siek leave balanee. if an emplayee does i4et . There will be no carryover from year to year of personal leavedays. Terminating employees are not eligible to be paid for unused personal leave time. Personal leave time must be scheduled in advance whenever possible and approved by the employee's supervisor. RESOLUTION 2015-54 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING AMENDMENTS TO THE TOWN OF FOUNTAIN HILLS PERSONNEL POLICIES AND PROCEDURES, AMENDED AND RESTATED AUGUST 1, 2013, RELATING TO THE INFORMATION TECHNOLOGY POLICIES, VACATION LEAVE POLICY AND PERSONAL LEAVE POLICY; AND DECLARING AN EMERGENCY. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") approved Resolution No. 2013-39, adopting the Town of Fountain Hills Personnel Policies and Procedures, Amended and Restated August 1, 2013 (the "Personnel Policies"); and WHEREAS, the Town Council desires to amend the provisions of the Personnel Policies relating to (i) Vacation Leave, (ii) Personal Leave, and (iii) Electronic Mail and Scheduling System, Internet Use, Use of Electronic Devices, iPad/iPhone, and Social Media Policies. 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 Vacation Leave Policy of the Personnel Policies is hereby deleted in its entirety and replaced with the amended Vacation Leave Policy attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. The Personal Leave Policy of the Personnel Policies is hereby deleted in its entirety and replaced with the amended Personal Leave Policy attached hereto as Exhibit B and incorporated herein by reference. SECTION 4. The Electronic Mail and Scheduling System, Internet Use, Use of Electronic Devices, iPad/iPhone, and Social Media Policies of the Personnel Policies are hereby deleted in their entirety and replaced with the Acceptable Use of Information Systems, Intranet/Internet and Email, Software/Hardware, and Audit of Information Systems Policies, attached hereto as Exhibit C and incorporated herein by reference. SECTION 5. The immediate operation of the provisions hereof is necessary for the preservation of the public peace, health and safety and an emergency is hereby declared to exist, and this Resolution shall be in full force and effect from and after its passage by the Town Council and it is hereby exempt from the referendum provisions of the constitution and laws of the State of Arizona. SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. [SIGNATURES ON FOLLOWING PAGE] 2508857.1 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, December 17, 2015. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor 17oki/1*111of11 Grady L. Miller, Town Manager 2508857.1 2 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION 2015-54 [AMENDED VACATION LEAVE POLICY] See following pages 2508857.1 Town of Fountain Hills Personnel Policies and Procedures SECTION: FRINGE BENEFITS AND LEAVES POLICY: VACATION LEAVE POLICY NO: 903 EFFECTIVE: DECEMBER 17, 2015 REVISED: DECEMBER 17, 2015 PURPOSE: To establish the means by which Town of Fountain Hills employees may earn and use vacation leave and to provide for the compensation of unused vacation leave upon separation from Town service. STATEMENT OF POLICY: Vacation leave is part of the integrated program of benefits for Town employees. Such leave is intended as a necessary break from normal duties to allow employees to engage in outside recreational activities as a means of achieving and sustaining high levels of productivity during regularly scheduled duty. SCOPE: All full-time Town employees accrue vacation leave hours. Part-time employees who work a minimum of 20 hours per week on a regular scheduled basis accrue Paid Time Off (PTO). Temporary and seasonal employees do not earn vacation leave or PTO. (See "Eligibility for Benefits" - Policy # 902). The amount of vacation time and PTO employees receive each year increases with the length of their employment. Vacation time and PTO begin to accrue with the employee's first full bi-weekly pay cycle, subject to the following: Upon completion of six (6) months of actual service, each full-time employee shall be credited with up to fifty-two (52) hours of vacation and shall accrue vacation thereafter at the rate specified in this policy. Upon completion of six (6) months of actual service, eligible part-time employees shall be credited with up to twenty-six (26) hours of PTO and shall accrue PTO thereafter at the rate specified in this policy. ACCRUAL RATE & MAXIMUMS — FULL TIME EMPLOYEES: Length of Service Hours per Pay Period/Year Maximum Start date through completion of 3r year 4.00/104 208 4t year through completion of 7 year 5.00/130 260 8t year through completion of l Oth year 6.00/156 312 l lth year through completion of 15th year 1 7.00/182 1 364 16 + Years 1 8.00/208 1 416 Maximum vacation accruals increase with length of service as depicted in the chart and is limited to two times the yearly accrual. ACCRUAL RATE & MAXIMUMS — PART-TIME EMPLOYEES: Length of Service Hours per Pay Period/Year Maximum Start date through completion of P year 2.00/52 104 4t year through completion of 7t year 2.50/65 130 8th year through completion of lothyear 3.00/78 156 1 It year through completion of 15'h year 1 3.50/91 1 182 16 + Years 1 4.00/104 1 208 Maximum vacation accruals increase with length of service as depicted in the chart and is limited to two times the yearly accrual. All vacation leaves and PTO are to be taken at the convenience of the department and shall be approved in writing, or through automation, by the supervisor or his/her designee. It is the responsibility of the employee to schedule his/her vacation time or PTO in compliance with departmental workloads and needs. Requests for vacation time or PTO should be submitted to the supervisor as far in advance as possible. Employees may be recalled from vacation leave or PTO, or may have their scheduled vacation leave or PTO postponed, when deemed necessary by the department director. When an employee is recalled from vacation leave or PTO, the employee's vacation leave or PTO will be rescheduled to the earliest convenient time. Employees will be permitted to use vacation leave or PTO in incremented units of one-half (1/2) hour or more, in any one day. Vacation time or PTO shall not be advanced to an employee nor may vacation time or PTO be transferred between employees. Vacation time and PTO will not accrue for workweeks in which there are no hours paid by the Town of Fountain Hills. If the employee has an accrued vacation or PTO balance, the vacation time or PTO must be paid out before any unpaid time off is approved. Vacation hours or PTO must be used for sick leave if accrued sick leave hours have been exhausted. Neither vacation hours nor PTO will count toward hours worked for purposes of computing overtime. If a holiday falls within an employee's vacation or PTO, the employee will not be charged with vacation or PTO hours for the holiday, but will be paid for the holiday at the appropriate holiday rate. Separation of Employment Awarded vacation leave hours or PTO will be paid at the employee's regular hourly rate upon separation of employment. No more than the maximum allowable accrual of vacation leave is compensable upon separation of employment. Vacation leave or PTO accrued during the initial introductory employment period (six months) will not be compensated if separation occurs during the initial introductory period. EXHIBIT B TO RESOLUTION 2015-54 [AMENDED PERSONAL LEAVE POLICY] See following pages 2508857.1 Town of Fountain Hills Personnel Policies and Procedures SECTION: FRINGE BENEFITS AND LEAVES POLICY: PERSONAL LEAVE (OPTIONAL) POLICY NO: 907 EFFECTIVE: DECEMBER 17, 2015 REVISED: DECEMBER 17, 2015 The Town of Fountain Hills provides full-time employees with personal leave time. Full-time employees hired before July 1 st are eligible for thirty (3 0) hours of personal leave time during their first calendar year of employment and 30 hours each year thereafter. Full-time employees hired after July 1st but before October 1 are eligible for twenty (20) hours of personal leave time during their first calendar year of employment and thirty (30) hour of personal leave time each year thereafter. Employees hired on or after October 1st do not receive any personal leave time within the balance of the calendar year, but are to receive thirty (30) hours of personal leave time each year thereafter. There will be no carryover from year to year of personal leave. Terminating employees are not eligible to be paid for unused personal leave time. Personal leave time must be scheduled in advance whenever possible and approved by the employee's supervisor. EXHIBIT C TO RESOLUTION 2015-54 [AMENDED INFORMATION TECHNOLOGY PROVISIONS] See following pages 2508857.1 Town of Fountain Hills Personnel Policies and Procedures SECTION: OTHER WORK PLACE POLICIES POLICY: ACCEPTABLE USE OF INFORMATION SYSTEMS POLICY NO: 1104 EFFECTIVE: DECEMBER 17, 2015 REVISED: DECEMBER 17, 2015 The Town of Fountain Hills ("Town") is committed to protecting its employees and partners from illegal or damaging actions by individuals, either knowingly or unknowingly. The enterprise network and Internet/ Intranet/ Extranet -related systems, mobile communications and data, including but not limited to computer equipment, software, operating systems, storage media, network accounts providing electronic mail, WWW browsing, and FTP, are the property of the Town. These systems are to be used for business purposes in serving the interests of the town, and our customers in the course of normal operations. Effective security is a team effort involving the participation and support of every Town employee and affiliate who deals with information and/or information systems. It is the responsibility of all computer users to know these guidelines, and to conduct their activities accordingly. PURPOSE This policy is intended to outline the acceptable use of computer equipment owned by the Town. These rules are in place to protect the employee and the Town. Inappropriate use exposes the Town to risks including virus attacks, compromise of network systems and services, and legal issues. SCOPE This policy applies to employees, contractors, consultants, temporary employees, and other workers at the Town, including all personnel affiliated with third parties. This policy applies to all equipment that is owned or leased by the Town. POLICY General Use and Ownership • Users should be aware that the data they create on the Town systems remains the property of the Town. Because of the need to protect the Town's network, management cannot guarantee the confidentiality of information stored on any device belonging to the Town. Employees should not engage in personal use of Town information systems in a manner that results in a detrimental impact on the Town. Employees should presume that personal use other 2500490.2 than minimal amounts might result in a detrimental impact on the Town. The Information Technology Administrator shall have discretion to determine detrimental use. • For security and network maintenance purposes, authorized individuals within the Town may monitor equipment, systems and network traffic at any time, per Information Technology Division's Audit Policy. • The Town reserves the right to audit networks and systems on a periodic basis to ensure compliance with this policy. Security and Proprietary Information • Passwords must be kept secure and NOT be shared with other users. Authorized users are responsible for the security of their passwords and accounts. Application passwords should be changed quarterly, network passwords will expire every 75 days and must be changed. • Because information contained on portable computers is especially vulnerable, special care should be exercised. Protect laptops in accordance with the "Laptop Security Tips." • Postings by employees from a Town e-mail address to any online venue must contain a disclaimer stating that the opinions expressed are strictly their own and not necessarily those of the Town, unless the posting is in the course of business duties. • All hosts used by the employee that are connected to the Town Internet/Intranet/Extranet, shall be continually executing approved virus -scanning software with a current virus database. • Employees must use extreme caution when opening e-mail attachments received from unknown senders; such attachments may contain malicious programs (e.g. viruses, e-mail bombs, Trojan horse code, etc). Unacceptable Use • The following activities are, in general, prohibited. Employees may be exempted from these restrictions during the course of their legitimate job responsibilities (e.g., systems administration staff may have a need to disable the network access of a host if that host is disrupting production services). • Under no circumstances is an employee of the Town authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing the Town -owned resources. • The lists below are by no means exhaustive, but instead are an attempt to provide a framework for activities that fall into the category of unacceptable use. 1. System and Network Activities The following activities are strictly prohibited: • The installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the Town. • The installation of "freeware" software applications without the prior authorization of the Information Technology Division. 2500490.2 2 • Exporting software, technical information, encryption software or technology, in violation of international or regional export control laws, is illegal. Users should consult the IT Helpdesk prior to export of any material that is in question. • Knowingly introducing malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.). • Revealing your account password to others or allowing use of your account by others. This includes family and other household members when work is being done at home. • Using a Town information systems asset to obtain and/or transmit material could create a hostile and offensive workplace or a sexually charged workplace in violation of applicable law. • Making fraudulent offers of products, items, or services originating from any Town account. • Causing security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the employee is not an intended recipient or logging into a server or account that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. • Port scanning or security scanning is expressly prohibited unless prior notification is made to, and permission has been granted by, the Information Technology Division. • Executing any form of network monitoring that will intercept data not intended for the employee's host, unless this activity is a part of the employee's normal job/duty. • Circumventing user authentication or security of any host, network or account. • Interfering with or denying service to any user other than the employee's host (for example, denial of service attack). • Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user's terminal session, via any means, locally or via the Internet/Intranet/Extranet. 2. E-mail and Communications Activities The following is a summarized list of prohibited uses. Please see the IntranetAnternet and E- mail for more detailed information. • Any form of harassment via e-mail, voicemail, telephone or paging, whether through language, frequency, or size of messages. • Mass mailing of e-mail "junk mail", jokes or non -Town -business-related advertising material to individuals who did not specifically request such material (e-mail spam). • Solicitation of e-mail for any other e-mail address, other than that of the poster's account, with the intent to harass or to collect replies. • E-mail posting the same or similar non -business-related messages to large numbers of Usenet newsgroups (newsgroup spam). • Unauthorized use, or forging, of e-mail header information. 2500490.2 3 • Use of the Town's information systems to engage in threatening, intimidating or harassing conduct including but not limited to constituting the alleged harassment that constitute threats, intimidation or any other kind of act that interferes with the individual's ability to function as an employee of the Town. Confidential Files The files of confidential employees will be preserved to contain confidential information, and will not be accessed by IT or anyone else until permission to do so has been granted by a person having authority to do so. Examples of confidential employees are Human Resources and the Town Attorney. Enforcement The Town, through its department directors and Information Technology Division, reserves the right to review an employee's use of Town -provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e-mail use to determine whether the system's use is appropriate and conforms to this policy. If an employee is found to be not conforming to the sections of this policy, Information Technology will inform the employee's supervisor in writing and the department director may authorize the Information Technology Administrator to remove the employee's access to the Town's computer network resources. Any employee who fails to abide by this policy may be subject to disciplinary action up to and including termination. Laptop & Personal Electronic Device Security Tips • Never leave your laptop or personal electronic device in open view in your vehicle; remove it or secure it in the trunk or other secure location! But, of course, don't leave the device stored in the trunk for any great length of time; exposure to either extreme cold or heat can damage the machine. Always use your laptop or personal electronic device in a cool, dry place. • Never leave your laptop or personal electronic device unattended in a public place. Don't forget to secure all other products associated with your laptop: batteries, power cords, cables, external drives, LCD projectors, etc. • Never put your laptop or personal electronic device on the airport security x-ray machine belt before you have a clear path to the end of the belt. Check your device's battery and make sure it's fully charged. If you take your machine through an airport, the security checkpoint personnel may ask you to turn it on to prove it isn't a suspicious device. • Back up all irreplaceable information daily. Remember, it's not just the loss of the device, it is also the loss of the hard work and important information. 2500490.2 4 Town of Fountain Hills Personnel Policies and Procedures SECTION: OTHER WORK PLACE POLICIES POLICY: INTRANET/INTERNET AND EMAIL POLICY NO: 1105 EFFECTIVE: DECEMBER 17, 2015 REVISED: DECEMBER 17, 2015 CI]%11►1�/ 11►�i�l Electronic mail (e-mail) is a fast and efficient way to communicate internally within an organization using an internal e-mail system and Intranet and externally using the Internet. The Internet is also a powerful research tool that can greatly expand the amount of information gathered on a subject and reduce the amount of time it takes to conduct research activities. It is the policy of the Town to encourage the use of e-mail and the Internet to communicate inside and outside our organization. Furthermore, it is the Town's policy to encourage using the Internet as a research tool. Employees should use good judgment and common sense when using e-mail, the Internet, and the Intranet and understand the Town's policy outlined below. PURPOSE The purpose of this policy is to ensure that use of the Intranet, Internet and e-mail technologies among employees of the Town is consistent with Town policies, guidelines, operating procedures for use of specific Town resources, all applicable laws, and the individual employee's job responsibilities. SCOPE This policy applies: • To all Intranet/Internet and e-mail services provided, owned, or funded in part or in whole by the Town; • To all users and holders of Town Intranet/Internet and e-mail systems or accounts, regardless of intended use; • To all Town Intranet/Internet and e-mail Official Records and/or Public Records in the possession of or generated by Town employees and other users of e-mail services provided by the Town; and • Equally to transmission and receipt of data including e-mail headers, summaries, and addresses associated with e-mail records and attached files or text. This policy does not apply to: • Printed copies of e-mail, but other laws and policy may apply to such documents. Under Arizona public records laws and other state laws, information appearing in this format may need to be retained as Official Records or treated as State Publications under A.R.S. § 35-103. 2500493.2 INTRANET/INTERNET AND E-MAIL ACCESS Intranet/Internet Access • Unauthorized access into the Intranet/Internet using Town equipment or Town Intranet/Internet accounts, or another employee's Intranet/Internet account, or through other means, is in violation of policy. Obtaining e-mail access • Unless otherwise directed by the employee's immediate supervisor or designated representative, employees are automatically given an e-mail account upon receipt of a LAN account. Removing Internet or e-mail access • The department director must submit a request to the IT HELPDESK to remove or disable an employee's Internet and/or e-mail account. • By request, the department director can be given access to the files in the disabled account for a period of 30 days after notification to disable. • LAN and e-mail accounts of employees who have separated from the Town will be deleted 30 days after separation of employment to disable the account unless otherwise directed by a department director. Email will be forwarded to a designated address for a period of up to one year. Access and usage limits • The Town's Internet access method has a finite capacity and is subject to periods of heavy use. Therefore, employees may be requested to limit access when system capacity is being exceeded. • Employees must abstain from personal use of Internet or e-mail services for any reason during the time when employees should otherwise be engaged in Town business and performance of their job duties. Investigative access • The Town reserves the right to review, audit, intercept, access and disclose all messages created, received or sent over the e-mail system for any purpose. The contents of electronic mail may be received and disclosed without the consent of the originator. Electronic mail messages are public information. • Request for e-mail messages, calendars, or records may be treated like any other public record in the possession of the Town. • E-mail contents may be subject to subpoena in legal matters. • Management reserves the right to retrieve and/or review e-mail messages to monitor or prevent misuse of the system. Procedures to request access to an employee's e-mail files: 1. Action by department director: a) Submit a request to Human Resources for investigative access on the employee's account. 2500493.2 Pa 2. Action by Human Resources: a) Consult with the Town Manger about the investigative access request. b) Coordinate with the Information Technology Administrator. ACCEPTABLE USE OF THE INTRANET/INTERNET AND E-MAIL The definition of acceptable use of the Internet is any use that is related to Town business, an issue facing the Town, or any use that furthers the employee's understanding of topics related to an issue. Research and general information access on behalf of the Town • Authorized employees may use Internet and e-mail technologies to conduct official Town business, gain technical or analytical advice as part of their jobs, communicate or exchange files and/or data with employees, citizens, clients, vendors and contractors as part of their jobs. • Databases can be accessed for information as needed as long as they do not require some form of subscription to participate. Access to subscription -based Internet services must be initiated using existing Town policies for purchased services. Participation in News/Discussion Groups • Users may participate in news/discussion groups based around a topic in which the Town has an interest. • Users may participate in news/discussion groups, listservs or web sites created by professional organizations of which the Town or the user in his or her professional capacity is a member. • Disclaimer: Postings by employees from a Town e-mail address to newsgroups should contain a disclaimer stating that the opinions expressed are strictly their own and not necessarily those of Town, unless posting is in the course of business duties. Limited Personal Use • The Town's Intranet/Internet and e-mail resources are intended for business use in performing the duties of an employee's job. Limited personal use may be permitted, according to the following guiding principles: • It is incidental, occasional and of short or moderate duration. • It does not interfere with any employee's job activities. • It does not result in incremental expense to the Town. Examples of "incremental expense" include, but are not limited to: a) If the Town were paying for a limited bandwidth connection to the Internet, and an employee's personal use incurred additional charges; and 2500493.2 3 b) Long-distance telephone, cellular phone or fax charges. • The employee has his/her supervisor's prior approval for said personal use, which approval shall only be given when consistent with the requirements of this policy. • It does not solicit for or promote commercial ventures, religious or political causes, outside organizations or other non job related solicitations. • It does not violate the other "unacceptable uses" or other specific limitations outlined in this policy. • It will not create a real or perceived conflict of interest. UNACCEPTABLE USES OF THE INTRANET/INTERNET AND E-MAIL Activities of law enforcement or Town Attorney's office related to criminal investigations, or personal investigations by any department in general, would not constitute a prohibited or inappropriate use. The following are unacceptable uses of the Intranet/Internet and e-mail technologies. All issues raised in the Town of Fountain Hills Code of Ethics are applicable. The unacceptable uses shall include, but are not limited to: Inappropriate e-mail and Intranet/Internet content • Communication of material that is offensive or derogatory, slanderous and/or defaming towards any individual, corporation, agency or organization and disparagement of any trade or product. • Communication that is derogatory or discriminatory in any way toward persons for reasons of their race, religion, gender, age, disability, lifestyle, political affiliations, social status or any other personal characteristic. • Communication describing or picturing specified anatomical areas of the human body and communication describing or picturing sexual activities. Non -IT purchase of software or computer equipment for Town business • Users must not download any software packages and/or upgrades from the Internet, and must comply with the Town of Fountain Hills software policy. • The Information Technology Division purchases all software and/or computer equipment (e.g. microcomputers, printers, modems, hubs, speakers, subwoofers, keyboards, mouse, etc). Departments should always submit a request via e-mail to purchase software and/or computer equipment to the IT Helpdesk. Non -Town business solicitations and subscriptions • Employees shall refrain from any type of postings or subscriptions, whether on a Web site, to a news group or via e-mail, that constitutes a solicitation of any type (i.e. religious, political, personal gain, or in support of illegal activities). 2500493.2 4 • Employees shall refrain from using the Town's e-mail or Internet resources for personal for-profit business activities or schemes to generate income or result in personal financial gain. Advertising • Employees shall refrain from any type of postings, whether on a web site, to a news group or via e- mail, that are for the purpose of advertising. Distributing chain and spam e-mail • Distribution of chain mails, "Ponzi" or other "pyramid" schemes of any type or other communication that is any way in violation of public law or Town policy is prohibited. • Users should not in any way participate in the further dissemination or re -distribution of e-mail "spam" e-mails, communications with long mailing lists of other recipients, or other inappropriate e- mail communications. Upon receipt of any of these items, a user should immediately delete it from their e-mail in box and trash, and completely refrain from sending it on to other persons in or outside the Town. Performing copyright infringements and other illegal actions • Any use of the Internet that violates copyright laws is prohibited. Infringing on third party copyrights or other intellectual property rights, license agreements or other contracts; for example, illegally installing or making available copyrighted software. • E-mail shall not be used to send (upload) or receive (download) copyrighted materials, and any other unauthorized materials, without prior written authorization of the originator. • Users will refrain from the posting of any materials that violate federal or state laws. • Use of the Intranet/Internet or e-mail in support of illegal activities is prohibited. • Unauthorized attempts to break into any computer whether in the Town or another organization. Causing disruption of service and performance • Use of the Intranet/Internet or e-mail must not disrupt the operation of the Town network or the networks of other users. • Hacking or modifications to the Intranet/Internet and e-mail software in a manner that restricts the ability of the Town to monitor its resources is prohibited. • One or more files totaling 30mb or more in size should not be attached to internal e-mail messages. Users instead should utilize the network share drives to distribute the files to other users. Using the Intranet/Internet and e-mail for political purposes • The Town's Intranet/Internet and e-mail resources are not to be used for political purposes. 2500493.2 5 For Misrepresentation • The use of aliases while using the Intranet/Internet is prohibited. Anonymous messages are not to be sent. No employee shall attempt to obscure the origin of any message. • The misrepresentation of an employee's job title, job description, or position in the Town is prohibited. • The release of untrue or distorted information regarding Town business is prohibited. Execute real-time utilization of Intranet/Internet resources for non -Town -business-related services • The accessing, viewing, downloading, or any other method for retrieving non -Town business information or services that utilizes the Internet resource in real-time is prohibited. This includes, but is not limited to, streaming audio or video (such as Pandora, XMRadio, Hulu, or NetFlix), streaming wallpaper or screen savers. INTRANET/INTERNET AND E-MAIL PRIVILEGE RESPONSIBILITY Use and compliance • Access to the Intranet/Internet and e-mail is a privilege. Employees are expected to use the Intranet/Internet and e-mail in a professional manner that reflects positively upon themselves and the Town. • Employees and their immediate supervisors are jointly responsible to ensure compliance with this policy. • Employees are responsible for text, graphic or audio content they place, send or receive over the Intranet/Internet and e-mail. It is recognized that some unsolicited electronic mail may be received or random access to an undesirable Internet site may occur. In those instances, the individual will not be held responsible for that content or undesired site access. Account • Employees shall not "loan" their access to the Intranet/Internet to other employees who have not been authorized use of the Internet and e-mail technologies. Employees will be held responsible for all actions taken using their access permissions. • Employees shall not intercept or disclose messages, or assist in the interception or disclosure of messages unless otherwise authorized. Information Technology, under the authorization of Town Attorney may intercept or disclose messages when misuse of the Town system is suspected. USER'S RESPONSIBILITIES REGARDING RECEIPT OF OFFENSIVE MATERIAL Generally, the same policies of appropriate behavior apply in network usage, as apply in the workplace. If you believe that you are the victim of harassment, do not delete the message. Immediately notify your immediate supervisor or department director and Information Technology. 2500493.2 6 Confidential Disclosure Public Records and Privacy • E-mail from an internal system and/or the Internet, is NOT private nor can the security of e-mail be guaranteed. Caution shall be used when conveying confidential or sensitive information, as part of normal business transactions, when confidentiality cannot be maintained. This includes documents such as performance reviews, disciplinary and/or corrective actions, attorney -client -privileged information, personnel information, and health or medical information. • All e-mail messages (whether created or received) are the property of the Town and may be considered to be public records pursuant to the Arizona Public Records Law. If there is concern about potential public disclosure or internal disclosure, e-mail should not be used. • The Town reserves the right to review, audit, intercept, access and disclose all messages created, received or sent over the e-mail system for any purpose. The contents of electronic mail may be received and disclosed without the consent of the originator. • When communicating with legal counsel or seeking legal advice, consideration should always be given to the fact that e-mail may contain information that may not be entirely confidential. It is advisable to check with the Town Attorney's Office as to whether such request should be made by e- mail or through written communication. • All requests for public disclosure of data shall be routed to the Town Clerk. E-mail messages may be recoverable • Deleting e-mail messages from a computer does not guarantee it has been erased from the system. Employees should use good judgment when creating e-mail and always assume that it is discoverable. Monitoring and auditing • The Town owns the network providing access to Internet and e-mail technologies. The electronic records created by use of the system may be considered public records under Arizona Revised Statutes and the law governing retention of public records. The Town reserves the right to monitor all electronic records, at any time, to insure compliance with state law and this policy. Retention of E -Mail • All e-mail messages that are not subject to a specific retention schedule are stored by Information Technology for 730 days. • Any messages that are permanent records are required to be copied or moved to the appropriate file location. • Information Technology is not responsible for backup or restoration of any e-mail items saved outside of the e-mail system by individual users. 2500493.2 7 • Records retention schedules can be found on the Arizona Secretary of State's Arizona State Library, Archives & Public Records website — www.azlibrary.gov. Virus Exposure • Use of the Internet and e-mail risks exposure to viruses that can cause serious damage to Town computer resources. • Material downloaded from the Internet must be virus checked before use. Inbound and outbound attachments to e-mail will be scanned for viruses. Plug -Ins and Helper Programs Plug -ins and Helper programs should be used prudently and only if its purpose is to enhance the browser to provide services that are within the "acceptable uses" and it does not violate the "unacceptable uses" or other specific limitations outlined in this policy. Enforcement • The Town, through the Town Manager, its department directors and Information Technology Division, reserves the right to review an employee's use of Town provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e-mail use to determine whether the system's use is appropriate and conforms to this policy. • If an employee is found violating this policy, the department director together with the Information Technology Administrator may remove the employee's access to the Town's computer network resources. • Any employee who fails to abide by this policy may be subject to disciplinary action up to and including termination. 2500493.2 8 Town of Fountain Hills Personnel Policies and Procedures SECTION: OTHER WORK PLACE POLICIES POLICY: SOFTWARE/HARDWARE POLICY NO: 1106 EFFECTIVE: DECEMBER 17, 2015 REVISED: DECEMBER 17, 2015 Iva1 t l7." It is the policy of the Town to respect all software copyrights and to adhere to the terms of all software licenses to which the Town is a party. The Town users may not duplicate any licensed software or related documentation for use either on Town premises or elsewhere unless the Town is expressly authorized in writing to do so by agreement with the licenser. Unauthorized duplication of software may subject users and/or the Town to both civil and criminal penalties under the United States Copyright Act. The purpose of this policy is to prevent copyright infringement and to protect the integrity of Town's computer environment. SCOPE This policy applies to employees, contractors, consultants, temporary employees, volunteers and other workers at the Town. This policy applies to all software that is owned or leased by the Town. Contractors with the Town shall become aware of the requirements of this policy. POLICY Budgeting for Software/Hardware • Some software and hardware needs are limited to specific departments. Departments are responsible for requesting new software or hardware specific to the department's needs through the Information Technology Division. • When requesting such software or hardware, departments must work with the IT Department to ensure technology costs, compatibility, licensing, support, and integration issues are addressed. Approval for Purchase of Software/Hardware To purchase software or hardware, users must obtain the approval of their supervisors and the Information Technology Division, then submit a request to the IT Helpdesk to acquire the software/hardware. Acquisition of Software/Hardware • All software or hardware acquired for the Town must be purchased through the Information Technology Division. 2500491.2 • Software or hardware may not be purchased through user corporate credit cards or petty cash. • Software and hardware acquisition channels are restricted to ensure that the Town has a complete record of all software that has been purchased for Town computers and can register, support, and upgrade such software accordingly. • Freeware software or mobile apps downloaded from the Internet must be authorized by the Information Technology Division. License Agreements Software may only be used in compliance with applicable license (including "shrink-wrap" agreements) and purchasing agreements. Ownership of Software All software acquired for or on behalf of the Town or developed by Town employees or contract personnel on behalf of the Town is and shall be deemed Town Property. All such software must be used in compliance with applicable purchase and license agreements. Storage of Software Media/Licenses • All software media and original license agreements are kept and stored by the Information Technology Division. • Software media that must be accessed for support of an application (e.g. clip art, GIS data, etc) will be kept with the workstation licensed for its use. Use and distribution of these types of media must be in compliance with the software licensing agreement. • IT will monitor the license term length and will notify users of any necessary actions Duplication of software • Users are not authorized to produce backup or duplicate copies of any software for any purpose. • Unless otherwise provided in the applicable license or contract document, any duplication of copyrighted software may be a violation of federal and state law and is strictly prohibited. • The Information Technology Division creates all authorized duplicate media and retains the master copy. The software inventory registry will be updated with this information. Registration • The IT Helpdesk is responsible for completing the registration documentation and returning it to the software publisher • All software that is Town Property must first be delivered to the IT Helpdesk to complete registration and inventory requirements. 2500491.2 PA • All software must be registered in the name of the Town. Because of personnel turnover, software will never be registered in the name of the individual user. Information Technology maintains a register of all software and will keep a library of software licenses. The register will contain: • the title and publisher of the software; • the date and source of software acquisition; • the location of each installation as well as the serial number of the hardware on which each copy of the software is installed; • the name of the authorized user(s); • the existence and location of the media and any back-up copies; • the software product's serial number and/or key codes. Installation of Software • No software, including freeware, may be installed on any Town -owned or leased computer without prior approval by the Information Technology Division and without being registered to the Town. • After the registration requirements above have been met, the software will be installed with the authorization of, assistance of, or performance by, Information Technology support personnel. Manuals, tutorials and other user materials will be provided to the user. • Once installed on the hard drive, the original media (USB drives, CD-ROM, DVD, etc) will be kept in a safe storage area maintained by the IT Helpdesk. • Users may not give software to anyone, including contractors, customers and others. • Town users may use software on local area networks or on multiple machines only in accordance with applicable license agreements. • Town computers are Town -owned assets and must be kept both software legal and virus free. Only software purchased through the procedures outlined above may be used on Town machines. • Installation of personal non -business related software on Town computers is not authorized. The Town will remove any unauthorized software that puts the Town at risk or liability. Removable Media Drives & USB Drives To protect the Town's network and computers, restrictions have been placed on external drives including USB hard drives and flash drives, and the following guidelines should be followed to enhance security. In addition, files written to or copied from such devices may be logged and audited to ensure compliance with policy. • Software may not be executed from external and USB hard drives and flash drives. 2500491.2 3 • Confidential files or files with sensitive data should be encrypted when saved on removable drives to protect the contents in the event the device is lost or stolen. • Any removable or USB drive should be scanned for malicious code and viruses prior to use. Support Software compatible with installed operating system, client, application and system configuration standards for workstations and/or file servers will be supported by the Information Technology Helpdesk. Uninstalling Software • Unauthorized removal of software from Town computers is prohibited. • Software removals should not be performed without the authorization of, assistance of, or performance by, Information Technology support personnel. • IT reserves the right to uninstall or remove any software found to be causing a negative impact on the workstation, the Town's enterprise network, or any Internet/Intranet/Extranet-related systems. User Responsibilities Each User is individually responsible for reading, understanding, and adhering to all licenses, notices, and agreements in connection with software that he or she causes to be acquired, copied, transmitted, or used or seeks to acquire, copy, transmit, or use. IT will provide all necessary copies of such licenses. If a computer must be reconfigured or replaced and it contains software that has been licensed specifically for that computer, the user should notify Information Technology of such installation to ensure the software is reinstalled, tested and documentation of the installation location is updated. Shareware Software It is the policy of the Town to pay shareware authors the fee they specify for use of their products. Registration of shareware products will be handled the same way as outlined above. Software Games • The installation of computer games on Town computers is prohibited unless there is a Town business or service justification. • Games packaged with the operating system installation (e.g. FreeCell, Minesweeper, Pinball, and Solitaire) are included in the workstation image and are exceptions. However, IT reserves the right to remove these games. • Software Games that impact network resources are strictly forbidden. 2500491.2 4 Screensavers and Wallpaper • Screensaver and wallpaper software are permissible only after the Software Policy procedures to purchase (commercial and/or shareware), license, register and install have been applied. Decompiting software No User shall decompile, disassemble, or reverse -engineer any software. Transfer of Software No User may sell, rent, sublicense, lend, transmit, distribute, give, or otherwise convey or make available Town -owned software or an interest therein to any unauthorized individual or entity. Audits The Information Technology Division will conduct audits of all PCs, including portables, to ensure that the Town is in compliance with all software licenses. Audits will be conducted using an auditing software product or through manual inspection. Enforcement • A Town user who makes, acquires, or uses unauthorized copies of software will be subject to disciplinary action up to and including termination. • The Town does not condone the illegal duplication of software and will not tolerate it. Any doubts concerning whether any employee may copy or use a given software program should be addressed with IT Helpdesk. • Any User who suspects an incident of noncompliance with the Software Policy by another User shall promptly notify the Information Technology Division. • The Town, through its department directors and Information Technology Division, reserves the right to review an employee's use of Town -provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e-mail use to determine whether the system's use is appropriate and conforms to this policy. • If an employee is found violating the sections of this policy, the Department Director together with the Information Technology Administrator may remove the employee's access to the Town's computer network resources. • Any employee who fails to abide by this policy may be subject to disciplinary action up to and including termination. 2500491.2 5 Town of Fountain Hills Personnel Policies and Procedures SECTION: OTHER WORK PLACE POLICIES POLICY: AUDIT OF INFORMATION SYSTEMS POLICY NO: 1107 EFFECTIVE: DECEMBER 17, 2015 REVISED: DECEMBER 17, 2015 To provide the authority for members of Town' Information Technology team to conduct a security audit on any computer or communication system (hardware or software) at the Town. Audits may be conducted to: • Ensure integrity, confidentiality and availability of information and resources • Investigate possible security incidents • Monitor user or system activity • Enforce information system policies SCOPE This audit policy covers any equipment owned, leased or otherwise possessed by the Town, including, but not limited to all of the following devices: 1. hand-held devices (iPhone, iPad, etc.) 2. computers (desktop and laptops) Communication devices, including but not limited to: 1. telephone and voicemail system 2. network hardware (routers, printers, firewalls, etc.) 3. other wireless devices, including pagers Employees should be aware that loading Town programs or property on their own personal devices may result in public record information being on those devices and creating a Town interest in those devices to the extent such information is present. The use of personally -owned information and communication devices for Town business is discouraged unless a department head and the Information Technology Administrator determines there is a necessary business use for such equipment. 2500492.2 010 WA When requested, and for the purpose of performing an audit, any access needed will be provided to members of Town' Information Technology team. This access may include: • User level and/or system level access to any computing or communications device • Access to information (electronic, hardcopy, etc.) that may be produced, transmitted or stored on Town equipment or premises • Access to work areas (labs, offices, cubicles, storage areas, etc.) • Access to interactively monitor and log traffic on Town networks. Enforcement The Town, through its department directors and Information Technology Division, reserves the right to review an employee's use of Town -provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e-mail use to determine whether the system's use is appropriate and conforms to this policy. If an employee is found to be violating the sections of this policy, the department director together with the Information Technology Administrator, may remove the employee's access to the Town's computer network resources. Any employee who fails to abide by this policy may be subject to disciplinary action up to and including termination. 2500492.2 2 EXHIBIT 1104-A TOWN OF FOUNTAIN HILLS Electronic Mail and Internet Use Policy Acknowledgement I understand that all electronic communication systems, as well as all information transmitted, received, or stored in these systems is the property of the Town of Fountain Hills. I also understand that such systems are to be used for job-related purposes in accordance with policy and that I have no expectation of privacy in connection with the use of this equipment or the transmission, receipt, or information stored in such equipment. I further understand and agree not to use a code, access a file, or retrieve any stored communication unless authorized; and I acknowledge and understand that the Town may monitor my use of this equipment at any time at its discretion. Such monitoring may include printing up and reading all e- mail entering, leaving, or stored in these systems. Name of Employee Signature of Employee Date Name of Management Witness Signature of Witness Date (Print Name) (Print Name) Town of Fountain Hills Personnel Policies and Procedures SECTION: OTHER WORK PLACE POLICIES POLICY: INTERNET USE POLICY NO: 1105 EFFECTIVE: October 7, 2004 REVISED: August 1, 2013 PURPOSE: The Town of Fountain Hills provides limited access to resources available on the Internet to Town staff for research on Town projects and to facilitate communications with others regarding Town issues and practices. This service is available, subject to supervisory approval, to all Town employees and other authorized users within the constraints of budget. This policy sets the standards for appropriate behavior of a Town of Fountain Hills employee when accessing the Internet from either a stand-alone or network based personal computer. POLICIES: 1. Town resources used to access the Internet may only be used for lawful purposes by Town staff working on Town projects. Users should be aware that any communication they transmit could be re -sent or forwarded, intentionally or accidentally, by the recipient to other Internet users. Employees also need to be aware that any e-mail or Internet communications transmitted or received on Town equipment are not private communications, are subject to the Public Records Law, and may be monitored. 2. Any questions regarding appropriate use of these resources should be directed to the employee's supervisor. The employee's supervisor will snake the ultimate decision as to the acceptability of use, with final approval by the Town Manager. Examples of unacceptable use include, but are not limited to, the following when done knowingly or intentionally: • Using Town time and resources for personal gain • Extensive use of Town time and Internet resources for non job related reasons or purposes, which have not been approved by the employee's supervisor • Engaging in activity that wastes Town resources including file space or memory capacity, printer usage, paper, etc. • Sending or posting Town confidential materials outside of the Town, or posting such confidential materials within the Town to non -authorized personnel • Discourteous communication to or about other persons • Issuing or forwarding chain mail and other frivolous messages, such as practical jokes • Sending mass mailings to individual mailboxes whether directly or indirectly through distribution lists is prohibited unless specifically approved by the Town Manager • Accessing any adult (pornographic) sites • Accessing a web site or location on the Internet where a fee is charged without express written approval of the Department Director PENALTIES: Any use of the Town's equipment, resources or the Internet in violation of this policy may result in revocation of these privileges, as well as additional disciplinary action up to and including termination. Unlawful use may result in referral for criminal prosecution. FORMS: The following form shall be used in conjunction with this policy: Employee Electronic Mail and Internet Policy Acknowledgment (See Exhibit 1104-A). Town of Fountain Hills Personnel Policies and Procedures SECTION: OTHER WORK PLACE POLICIES POLICY: USE OF ELECTRONIC DEVICES POLICY NO: 1106 EFFECTIVE: October 7, 2004 REVISED: August 1, 2013 PURPOSE: The purpose of this policy is to document employee responsibilities for the proper, secure, and lawful use of the Town of Fountain Hills telephone system. SCOPE: This policy applies to all employees of the Town of Fountain Hills, including all authorized temporary employees, contractors, and third parties that are granted access to the Town's telephone system. POLICY: Office telephones are a vital part of our business operation. Because of the large volume of business transacted by telephone, personal use of the telephone should be limited and personal calls should be brief. Personal long distance calls are discouraged. In instances where an emergency may occur, and it is not possible to bill the long distance charges to the employee's home phone, credit card, collect, etc., the employee will be required to reimburse the Town for long distance charges. Cellular phones and/or pagers are furnished to certain employees in connection with their job duties. Employees who are issued cellular telephones by the Town of Fountain Hills should make all business related long distance telephone calls while traveling from their cellular telephone. Employees need to limit personal use of their cellular telephone in the same way they need to limit personal use of their office telephone. Employees that have excessive cellular usage for personal calls will be subject to corrective action up to, and including, termination. The Town of Fountain Hills requires the safe use of its cellular telephones by employees while conducting business. The employee should not use the cellular telephone while driving because of safety concerns but should instead pull to the side of the road to snake or receive telephone calls. If an employee is unable to pull over or stop before receiving a cellular telephone call, they should keep the business conversation brief, and immediately locate a safe area to park their vehicle. During work time, employees are not permitted to use personal cellular telephones. These should be used only during breaks and meal times. Town of Fountain Hills Personnel Policies and Procedures SECTION: OTHER WORK PLACE POLICIES POLICY: iPADAPHONE USE POLICY NO: 1107 EFFECTIVE: August 1, 2013 REVISED: PURPOSE: The purpose of this policy is to document employee responsibilities for the proper, secure, and lawful use of iPads and iPhones owned by the Town of Fountain Hills. SCOPE: Town of Fountain Hills has provided an iPad/iPhone with Internet and E-mail access to all members of the Town Council and designated staff ("Users") for the purpose of performing work efficiently and effectively. POLICY: 1. Each User shall comply with this policy when using the iPad/iPhone issued to such User. 2. Users will use their default email account for the iPad/iPhone that will be used to send official Town documents, including without limitation Town Council agendas, staff reports, and the like. Internet access may be available through the iPad/iPhone. 3. The iPad/iPhone and Internet, and E-mail access provided on the iPad/iPhone are tools for conducting Town business. The use of such tools shall be solely for Town -related purposes, such as to review Council agenda materials, research relevant topics, obtain useful information for Town -related business, and conduct business communications as appropriate. All of the Town's computer systems, including the iPad/iPhone, are public property. All documents, files, and E-mail messages are subject to the Arizona Public Records Law, and are the property of the Town of Fountain Hills. 4. Users shall comply with the copyrights, software license provisions, property rights, privacy of others, just as in any other business dealings. All existing Town policies will continue to apply to use of the Internet and to use of E-mail on the iPad/iPhone, including but not limited to those that deal with misuse of Town resources, sexual harassment, information and data security, and confidentiality. 5. iPad/iPhone, Internet, and E-mail activities will be traceable to the Town of Fountain Hills and will impact the reputation of the Town. Users shall refrain from making any false or defamatory statements in any Internet forum and from committing any other acts which could expose the Town to liability. Users shall not knowingly download files from sources which may be untrustworthy nor shall Users open and read files attached to E-mail transmissions unless they originate from a trustworthy source. Downloaded files and attachments may contain viruses or hostile applications that could damage the Town's systems. Users will be held accountable for any breaches of security caused by files obtained for non -business purposes. 6. There is no expectation of privacy with respect to the use of the iPad/iPhone. The Town reserves the right to inspect all files stored on iPad/iPhone in order to assure compliance with this policy. Users do not have any privacy right in any matter created, received, stored in, or sent from any Town iPad/iPhone and the Town Manager may institute appropriate practices and procedures to assure compliance with this policy. 7. The iPads/iPhones will be equipped and periodically updated with such applications, "apps", and software as may be reasonably necessary and appropriate to perform Town related duties. Any software, E-mail messages, or files downloaded via the Internet into the Town systems become the property of the Town and may only be used in ways that are consistent with licenses or copyrights. 8. If a User loses or damages the iPad/iPhone, it shall be reported to the Information Technology Coordinator immediately, as the iPads/iPhones may be covered by an extended warranty. The User may be responsible for payment of the deductible for repair or replacement if the damage or loss was the result of gross negligence or intentional misconduct of the User. 9. Users shall not send any messages of an obscene, libelous, vulgar, or defamatory nature. 10. Users shall not use any email program or service during any Town meeting and Users will not use the iPad/iPhone in any way that might violate the Open Meeting Law. 11. Users shall not use the iPads/iPhones for operating a business of personal gain, sending chain letters, soliciting money for religious or political causes, or any other purpose that interferes with normal Town business activities. 12. Users shall not use the iPads/iPhones to deliberately propagate any virus or other hostile computer program or file, to disable or overload any computer system or network, or to circumvent any system intended to protect the privacy or security of another user. 13. When using the iPads/iPhones, Users shall identify themselves honestly, accurately, and completely at all times. 14. Users shall return their iPad/iPhone to the Information Technology Coordinator when their term or employment, as applicable, with the Town of Fountain Hills has ended. RETURN: All elected officials and employees shall return their iPad/iPhone to the Information Technology Coordinator when their term and service for the Town of Fountain Hills has ended. The iPad/iPhone will be wiped clean of any and all information upon return of the iPad/iPhone to the Information Technology Coordinator at the end of the elected and appointed official's term and service. Information Technology will ensure that any public records stored on the iPad/iPhone that need to be retained shall be transferred to an appropriate Town computer or storage medium. EQUIPMENT BUYBACK: At the end of their term or employment, the elected official or employee has the option to purchase the iPad/iPhone from the Town at the following rates: • iPhone - $100 • iPad — Replacement cost calculated based on a depreciable life of 5 years: Year one - $500 Year two - $400 Year three - $300 Year four - $200 Year five and beyond - $100 CONCLUSION: The Town of Fountain Hills has provided iPad/iPhone, Internet, and email access to all elected officials and certain employees for the purpose of performing work efficiently and effectively in the context of available communication technologies. While compliance with this detailed policy is mandatory, it should not impede legitimate use of these facilities. The purpose of this policy is to ensure that all use is consistent with the law and with the ethical and business practices which the Town follows. FORMS: The following forms shall be used in conjunction with this policy: 1. IPad/IPhone Agreement (See Exhibit 1107-A) 2. Employee Electronic Mail Policy Acknowledgment (See Exhibit 1104-A) EXHIBIT 1107-A TOWN OF FOUNTAIN HILLS IPAD/IPHONE AGREEMENT FOR TOWN COUNCIL MEMBERS AND DESIGNATED STAFF MEMBERS I, the undersigned, have been provided a copy of the Town of Fountain Hills iPad Policy and understand its contents fully. I accept and understand terms of the policy and agree to abide by all the terms contained in it. (Signature) Name: Position: Date: Town of Fountain Hills Personnel Policies and Procedures SECTION: OTHER WORK PLACE POLICIES POLICY: SOCIAL MEDIA POLICY POLICY NO: 1108 EFFECTIVE: August 1, 2013 REVISED: PURPOSE: To establish guidelines for the use of social media by Town employees. SCOPE: This policy applies to all employees of the Town of Fountain Hills, including all authorized temporary employees, contractors, and third parties who have access to the Town's information system. STATEMENT OF POLICY: The Town of Fountain Hills understands that many employees use social media as a way to share information and opinions with family, friends, and co-workers. However, the use of social media presents certain risks and carries certain responsibilities. In conjunction with the Town's policies regarding Code of Conduct, Political Activity, Harassment, Electronic Mail and Scheduling System, Internet Use, and iPad/iPhone Use, the following guidelines have been established for appropriate use of social media. GUIDELINES: 1. "Social media" are comprised of the various means of communication or posting of information or content on the Internet, including, but not limited to, blogs, journals, personal websites, social networking websites, web bulletin boards, and web chat rooms. Common social media providers include Facebook, Twitter, and YouTube, among others. 2. Employees may not post to or use personal social media or social networking websites during work time, using Town computers or devices, or while operating a Town vehicle. 3. The same principles found in the Town's personnel policies apply to activities online. Any conduct that adversely affects job performance or that adversely affects fellow employees, vendors, community members, or the legitimate interests of the Town may result in disciplinary action up to and including termination. 4. Employees should consider the risks and rewards before posting any content online. Employees are solely responsible for what they post online. They should be respectful, honest, and accurate and should never post content that is or could be perceived to be false, malicious, obscene, threatening or intimidating, disparaging to others, or that might constitute harassment or bullying. 5. Employees should maintain the confidentiality of Town infonnation that should not be made public. Not all records and information constitute public records and information subject to disclosure. Disclosure of confidential or otherwise protected infonnation is a violation of Town policy and may be a violation of state law. 6. Employees should respect the intellectual property rights of the Town and others. 7. Only authorized individuals may post official content to the Town's social media websites. 8. Employees should direct all media inquiries to the Town Manager or designee. Nothing contained in this policy shall be interpreted or construed in a way that denies any employee his or her civil or political liberties as provided by law. 1*oLl fiat is Ar11�;III111" Meeting Date: 12/17/2015 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Staff Contact Information: Grady E. Miller, Town Manager Meeting Type: Regular Session Submitting Department: Administration Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Report from Town Manager on Completion of the Saguaro Boulevard Capital Improvement Project. Applicant: N/A Applicant Contact Information: N/A Owner: N/A Owner Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): At the Town Council on December 3, 2015, Councilmember Cecil Yates asked for an update on the recently completed Saguaro street reconstruction project. The Town Manager indicated that while the project was completed on October 30, 2015, which was on schedule and under budget, there were a number of punch list items that were being addressed by Nesbitt, the general contractor for the project. Attached is a memo from Development Services Director Paul Mood that provides additional background and information on the Saguaro Boulevard capital improvement project. Mr. Mood and I will be prepared to answer any additional questions that the Mayor and Council may have regarding this project at the Town Council meeting on December 17, 2015. 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): NA Staff Recommendation(s): N/A Page 1 of 2 List Attachment(s): Memo Dated December 7, 2015, from Development Services Director Paul Mood SUGGESTED MOTION (for council use): This is a Report from the Town Manager and no action is required to be taken by the Town Council. Prepared by: NA 12/7/20 5 Director's Approval: NA 12/7/2015 Approved: 'I , Grady E. Miller, Manager 12/7!2015 Page 2 of 2 0 z z 3 � e o � 9�llrzt_i� 1_11P TOWN OF FOUNTAIN HILLS OFFICE OF DEVELOPMENT SERVICES INTER OFFICE MEMO TO: Grady Miller, Town Manager DATE: December 7, 2015 FROM: Paul Mood, Director of Dev. Services RE: Saguaro Blvd. Project Update The construction contract with Nesbitt Contracting for the Saguaro Blvd. Reconstruction project was approved by Council on November 20, 2014. Per the contract the construction schedule was nine months. The Notice To Proceed was issued for February 2, 2015 making the completion date October 30, 2015. Saguaro Blvd. was opened to in both directions to full traffic the morning of October 31, 2015. A final walk of the project generated a punch list and below are a list of the more significant outstanding items or items recently completed: Avenue Intersection Lighting: This was additional scope added to the project. The Contractor began installation of the poles and fixtures on December 3, 2015. It was discovered that the light poles that arrived on-site did not match the color of the light fixtures and a welded seem inside the poles did not allow the fixtures to be fitted properly. The Contractor is working with the light pole supplier to get new poles. A timeframe to complete the intersection lighting has not been determined. 2. Storm Drain Grates: Custom grates for the three storm drain structures along the Desert Canyon Golf Course were long lead items. The grates have arrived on-site and installation began on December 7, 2015. 3. Sanitary District Vaults: The Sanitary District has four fiber optic vaults and one air release valve vault in northbound Saguaro Blvd. between Palisades Blvd. and their treatment plant. The vaults existing vaults were not adjustable and due to "ride -ability" concerns the replacement of these vaults was recently added to the Contractor's scope of work. The Contractor is working with the Sanitary District to obtain the vaults and to schedule the work. 4. Drainage Improvements: The revised drainage area on Northbound Saguaro Blvd. near the Baptist Church was holding water. This area has been graded for proper drainage including the drainage swale outside the project limits. 5. Avenue of the Fountains Drainage: There were drainage concerns at the northwest corner of the Avenue of the Fountains. This area has been milled out, graded and repaved to the extent possible. Staff will monitor this as a warranty item. 6. Final Pavement Markings: The contractor has placed temporary pavement markings per the contract specifications. The final thermoplastic striping and pavement markings are to be coordinated for installation. It is anticipated that this work may be done at night. 7. Miscellaneous Landscaping Repairs: Town Staff and the Contractor are reviewing the final plant counts that were damaged or removed during construction and will be replaced or added as a credit to the project. Coordination will also occur with any businesses and HOAs that had landscaping affected by the project. that is Ar�ti� Meeting Date: 12/17/2015 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Staff Contact Information: Grady E. Miller, Town Manager Meeting Type: Regular Session Submitting Department: Administration Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Report from Town Manager on Plan to Broadcast Town Council Meetings Live on Government Access Channel 11. Applicant: N/A Applicant Contact Information: N/A Owner: N/A Owner Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): For a number of years, the Town of Fountain Hills has streamed its Town Council meetings live via the Internet and rebroadcasted the taped meetings on Fountain Hills Channel 11, the town's local government access channel. Citizens missing the live portion of the meetings can access the taped meetings either on Channel 11 or from the Internet via YouTube. Clearly, the advantage of live broadcasts of the Town Council meetings is that residents will have an opportunity to view the actions taken at Council meetings as they occur which is more convenient if they are unable to attend the actual Council meetings. Since there are no technical reasons preventing the Town of Fountain Hills from broadcasting its meetings live on Fountain Hills Channel 11, the town will begin broadcasting Town Council meetings live beginning on January 7, 2016, the first Town Council meeting in 2016. By broadcasting the meetings live, there will be significant improvement in transparency which is important to the Mayor and Council who have requested whenever possible to promote open government for residents. 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: Page 1 of 2 Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): N/A List Attachment(s): N/A SUGGESTED MOTION (for Council use): This is a Report from the Town Manager and no action is required to be taken by the Town Council. Prepared by: NA 12/7/2015 Director's Approval: NA 5 Approved: Grady . Mill r, T n Manager 12/7/2015 Page 2 of 2