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Home My WebLink About160121P��AINI,tji n NOTICE OF THE EXECUTIVE MW �Q r hat�i �oo� AND REGULAR SESSIONS OF THE gZZ 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, JANUARY 21, 2016 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 durin2 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\2016\rl60121\l6012la.docx Last Printed: 1/14/2016 1:37 PM Page 1 of 3 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: an ethics complaint). 2. ADJOURNMENT. REGULAR AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Moment of Silence ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION declaring January 28, 2016 Pony Express Day in the Town of Fountain Hills. ii) The Mayor will read a PROCLAMATION declaring January 2016 as National Mentoring Month in the Town of Fountain Hills 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. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from January 7, 2016. z:\council packets\2016\rl60121\l6012la.docx Last Printed: 1/14/2016 1:37 PM Page 2 of 3 2. CONSIDERATION for approval of RESOLUTION 2016-03, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of Plat 505-D, Block 2, Lot 46 (15527 E. Grassland Drive), as recorded in Book 158, Page 41, records of Maricopa County, Arizona. EA2016-01. REGULAR AGENDA ITEMS CONSIDERATION of RESOLUTION 2016-01, establishing the Sister Cities Advisory Commission and adopting bylaws for its governance. This item was tabled at the January 7, 2016 Council meeting. 4. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 5. 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. 6. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 7. ADJOURNMENT. DATED this 14th day of January, 2016. hlt" 9 - Bevelyn J. en er, 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\2016\rl60121\l6012la.docx Last Printed: 1/14/2016 1:37 PM Page 3 of 3 ��AINI,tji NOTICE OF THE EXECUTIVE G r q��hat�i oo MW • AND REGULAR SESSIONS OF THE 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, JANUARY 21, 2016 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 durin2 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\2016\rl60121\l6012la.docx Last Printed: 1/14/2016 1:37 PM Page 1 of 3 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: an ethics complaint). 2. ADJOURNMENT. REGULAR AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Moment of Silence ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION declaring January 28, 2016 Pony Express Day in the Town of Fountain Hills. ii) The Mayor will read a PROCLAMATION declaring January 2016 as National Mentoring Month in the Town of Fountain Hills 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. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from January 7, 2016. z:\council packets\2016\rl60121\l6012la.docx Last Printed: 1/14/2016 1:37 PM Page 2 of 3 2. CONSIDERATION for approval of RESOLUTION 2016-03, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of Plat 505-D, Block 2, Lot 46 (15527 E. Grassland Drive), as recorded in Book 158, Page 41, records of Maricopa County, Arizona. EA2016-01. REGULAR AGENDA ITEMS CONSIDERATION of RESOLUTION 2016-01, establishing the Sister Cities Advisory Commission and adopting bylaws for its governance. This item was tabled at the January 7, 2016 Council meeting. 4. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 5. 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. 6. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 7. ADJOURNMENT. DATED this 14th day of January, 2016. hlt" 9 - Bevelyn J. en er, 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\2016\rl60121\l6012la.docx Last Printed: 1/14/2016 1:37 PM Page 3 of 3 �MWX OF FOUNTAra HILCs PROCCAMATTOW 'Whereas, between 186o and 1861 the Pony Express mail service was offered between .Alissouri and CaCfornia which became an iconic part of U.S. 'Western History; and 'Whereas, in 1959 the Pony Express was remembered in .Arizona by the members of the Hashknife Posse who carried mail on horseback over 200 mites from Holbrook to Scottsdale, a ride which has since become an annuaC commemorative event; and Whereas, fountain HiCCs is the next to Cast stop oil their trek; and Now, Therefore, January 28, 2o16 is hereby proclaimed to be Hashknife Pony Express Day in the Town of Fountain Hills. .ACC 7'own residents, visitors, and residents and visitors of the Lower !Verde River Valley are invited to join in the festivities and dress western to commemorate this part of our history in the 'West. Dated this 21St day of January, 2o16. r;��Ira'oL� �I� 1'in�faz Af vanagl _NayOr Z`ti, 9'ltbat is NVVIPr Bevelyn f ` end r Xoll1n CleYk 7Vfwreas, across our Nation, mentors steer our youth through chaCCenging times andsupport their journey into adulthood; and 7Vfwreas, during National Mentoring-%Ionth, we honor these important individuaCs who unCock the potentiaCandnurture the talent of our country; and ZVfwreas, the dedication of mentors has helped countless young men and women succeedwhen they might have otherwise fallen short of their fuClpotentiai; and ZVfwreas, coaches, community leaders, tutors, and trustedfriends are working to mentor today's youth to develop tomorrow's Leaders; and 7Vliereas, the contributions of these engaged adults extend beyond the rives they touch and have a Casting impact that strengthens our country and our future; and ZV&reas, 92 adults are invoCved in the Mentoring Program in Fountain HMIs; and JVfW-real 105 children in the ,Fountain Hulls SchooCs are being mentored,- .Nmv, tfwrV'ore, I, Linda M. Xavanagh, Mayor of the Town of Fountain HiCCs, .Arizona do hereby proclaim January 2oi6 as .91/ationarMentorzng.r'tilarttli in the Town of Fountain HM& and; on behaCf of the Town Council; hereby thank ad of the mentors who have contributed to the lives of young people in our Town. DATED this 21"day of January, 2016. A/K 44.1tW 11CAIN�g �00� 1 1ltN a Jit XanagfZ ✓ilayor Bevelyn J Be r2own Clerk Meeting Date: 1/21/2016 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 January 7, 2016. Applicant: NA Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: A.R.S. X38-431.01 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: & 5l� Bevelyn Bender, Town Clerk 1/12/2016 Approved: Grady E. Miller, Tn ager 1/12/2016 Page 1 of 1 Meeting Date: 1/21/2016 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Randy Harrel, Town Engineer; 480-816-5112; e-mail: rharrel@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION for approval of RESOLUTION 2016-03, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of Plat 505-D, Block 2, Lot 46 (15527 E. Grassland Drive), as recorded in Book 158, Page 41, records of Maricopa County, Arizona. EA16-01. Applicant: David and Cheryl Cagle Applicant Contact Information: M Rim Road, Lakeside, AZ 85929; Tele: Owner: Same Owner Contact Information: Same Property Location: 15527 E. Grassland Drive Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon the 10' Public Utility and Drainage Easement located at the rear property line of Plat 505-D, Block 2, Lot 46 (15527 E. Grassland Drive), as shown in Exhibit "A". The property owner desires the assurance that any improements made to the lot will not be infringed upon by the construction of utilities. The property owner has indicated his desire to construct a fence at the property line. A 10'x10' Public Utility Easement should be granted at the northwesterly (front) corner of this lot, for existing and potential future utility boxes there. All of the public utilities have approved of this abandonment. 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 Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of Resolution 2016-03, subject to the following stipulation: * Grant a 10'x10' Public Utility Easement at the northwesterly corner of the lot. List Attachment(s): Vicinity Map, Aerial Photo; Resolution; Exhibit "A" map SUGGESTED MOTION (for council use): Move to approve Resolution 2016-03, abandonment of the public utility and drainage easement at Plat 505-D, Block 2, Lot 46, with stipulation, by: Director's Ap val: o ev opm nt ervices Director Ap roved: �j � `-�. G r , \V A J Grady E. Miller, To Manager 1/12/2016 Page 2 of 2 �fbat is AY�tio 17 7 VICINITY MAP McDOWELL MOUNTAIN PARK BOUNDARY I I I NORTH SCALE: 1" = 3500' ��a�k,o�� f A t�. P ' •� .,. DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 505D, BLOCK 2, LOT 46 15527 E GRASSLAND DR LEGEND: LOTLINE ROW EASEMENT —® -- — FLOODPLAIN SUBJECT SITE • N W E S 0 100' 200' SCALE: 1" = 200' AERIAL FLIGHT DATE: 10/14 ® 4 DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 505D, BLOCK 2, LOT 46 15527 E GRASSLAND DR LEGEND: LOTLINE ROW EASEMENT —® -- — FLOODPLAIN SUBJECT SITE • N W E S 0 100' 200' SCALE: 1" = 200' AERIAL FLIGHT DATE: 10/14 RESOLUTION 2016-03 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED AT THE REAR PROPERTY LINE OF PLAT 505-D, BLOCK 2, LOT 46 (15527 E. GRASSLAND DRIVE), AS RECORDED IN BOOK 158, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA. EA16- 01. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain public utility and drainage easements, located at the rear property line of Plat 505-D, Block 2, Lot 46 (15527 E. Grassland Drive), as recorded in Book 158, Page 41, records of Maricopa County, Arizona and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January 21, 2016. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505D BLOCK 2 LOT 46 c� Im Iz 0 GRASSLAND DR D = 0139'38" R = 325.00' L = 9.42' N 84'15100" E 90.00' T' - �PROPOSED 10'x10' P.U.E. (BY SEPARATE INSTRUMENT) z z , u: 45 O -p:O -cn 0 o BLOCK 2 w o 47 N LOT 46 0 ABANDON 10' o P.U.E. & D.E. o _ 102.36 10' P.U.E. & D.E.- ABANDONED MCR 1993-0057018 1 N 84'15'00" E I r - I1 42 N O �R�LAND SG W E �� \f ICA 16545 do Fo yFSAF / RANDY L. s/Q ' HARREL V 0 15' 30'VS $r s�9ned`+11 SCALE: 1' = 30' � IavA U. P DATE: 1-8-16 Fkpireg 3/31/0 �yTAIN� z Z n Y W 'i "yI�that k A VPti/ opo \ Meeting Date: 1/21/2016 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): That the Town Council approve Resolution 2016-01 establishing a Sister Cities Advisory Commission and bylaws for its governance. 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 September 17, 2015, Council meeting, the Town Council directed staff to come back to the Town Council in January of 2016 with a resolution establishing a Sister Cities Advisory Commission. Since partnership agreements are signed by the leaders of U.S. cities and towns and their sister cities, it is important that the Town of Fountain Hills maintain this commitment for the long term. Currently, this is delegated by the Town to the Fountain Hills Sister Cities Corporation. While the Fountain Hills Sister Cities Corporation has done an outstanding job of fundraising and overseeing the town's sister cities program, a sister city advisory commission will help institutionalize this responsibility within the Town organization and provide continuity in the event that the non-profit organization were no longer able to do so. The proposed charge of the sister cities advisory commission, as outlined in the attached resolution, would be to advise the Town Council on the sister city program, assist in organizing and hosting visiting sister city delegations, recommend the possible addition of a sister city, assist the Mayor and Council in'ensunng cultural protocols are followed, and consider activities and events that promote and highlight the special relationship between the town and its sister cities. If the Town Council were to establish an advisory commission, the Fountain Hills Sister Cities Corporation would continue to play an important role with the town's Sister Cities Program. The Association would continue to fundraise to help support the student exchanges and other sister city activities, assist the town in organizing and hosting delegations, organize special events, and other sister city related programs and projects. Page 1 of 2 This resolution had been scheduled for Town Council action on January 7, 2015, however, one day prior to the Town Council meeting, members of the Fountain Hills Sister Cities Corporation had requested additional time to review the proposed resolution prior to the Council adopting it. On Monday, January 11, 2016, 1 met with the Fountain Hills Sister Cities Corporation Board of Directors to present the resolution and answered questions about how a sister cities commission would operate. The only requested change was to have three rather than two representatives from the organization serve on the sister cities commission. Following my presentation, the board approved supporting the establishment of a sister cities commission. A few days later, Sister Cities President Jackie Miles requested a few minor edits to the resolution. After discussing this with Ms. Miles, it was mutually agreed to change the name of the commission to the Fountain Hills Sister Cities Commission, add a mission statement that mirrors the Sister Cities International mission statement, and changing the frequency of how often the commission will meet (monthly to quarterly). The attached resolution includes the requested changes from the Fountain Hills Sister Cities Commission. 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): Staff recommends approval of Resolution 2016-01 establishing a Sister Cities Advisory Commission. List Attachment(s): Resolution 2016-01 SUGGESTED MOTION (for council use): Move to Approve Resolution 2016-01 establishing a Sister Cities Advisory Commission and bylaws for its governance. Prepared by: Director's Approval: NA 1/14/2016 Ap roved: Grady E. Miller, Manager 1/14/2016 Page 2 of 2 16317 East Inca Avenue Fountain Hills, AZ 85268 January 14, 2016 Dear Mayor Linda Kavanagh and Members of the Fountain Hills Town Council, The board members of the Fountain Hills Sister Cities Corporation met with Town Manager Grady Miller on January 11, 2016 to review and discuss Resolution 2016-01 regarding the establishment of a Fountain Hills Sister Cities Advisory Commission and the bylaws for its governance. Following discussion, it was decided that the Advisory Commission should have three members appointed from the Corporation, rather than just two. The frequency of meetings was also discussed. There was assurance from the Town Manager that the Sister Cities Corporation has been doing a fine job, and that the Advisory Commission would provide added manpower and financial strength to the Sister Cities program. After discussion it was moved, seconded and carried that we indicate our support for such a Commission. Therefore, the Fountain Hills Sister Cities Corporation board recommends the passing of Resolution 2016-01. Respectfully yours, Jackie Miles, President Fountain Hills Sister Cities Corporation RESOLUTION 2016-01 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ESTABLISHING THE FOUNTAIN HILLS SISTER CITIES ADVISORY COMMISSION AND ADOPTING BYLAWS FOR ITS GOVERNANCE. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") has determined that it is in the best interests of the citizens of the Town of Fountain Hills (the "Town") to establish the Fountain Hills Sister Cities Advisory Commission (the "Commission") to act in an advisory capacity in support of the Fountain Hills Sister Cities Corporation in developing and promoting municipal partnerships between the Town and other similar jurisdictions in other nations; and WHEREAS, the Town Council has deemed the Commission necessary to assist with the operation of the Town's Sister Cities program; and WHEREAS, the Town Council now desires to adopt the Bylaws for the Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Fountain Hills Sister Cities Advisory Commission is hereby established as a regularly -scheduled commission pursuant to Subsection 9.1(A) of the Town Council Rules of Procedure, Amended and Restated February 6, 2014. SECTION 3. The Bylaws for the Fountain Hills Sister Cities Advisory Commission are hereby approved in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed take all steps necessary to carry out the purpose and intent of this Resolution. [SIGNATURES ON FOLLOWING PAGE] 2517676.2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, January 21, 2016. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2517676.2 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION 2016-01 [Bylaws] See following pages. 2517676.2 BYLAWS FOUNTAIN HILLS SISTER CITIES ADVISORY COMMISSION TOWN OF FOUNTAIN HILLS, ARIZONA Creation; Purpose. 1.1 Creation. There is hereby created, constituted and established a Fountain Hills Sister Cities Advisory Commission (the "Commission"). 1.2 Purpose. The Commission is formed to act in an advisory capacity in support of the Fountain Hills Sister Cities Corporation in developing and promoting municipal partnerships between the Town of Fountain Hills (the "Town") and other similar jurisdictions in other nations. The Commission shall work to: A. Adhere to the Mission of Sister Cities International to promote peace through mutual respect, understanding and cooperation — one individual, one community at a time. B. Provide opportunities for Town officials and citizens of Fountain Hills to experience and explore other cultures through long-term community partnerships. C. Create an atmosphere in which economic and community development between the Town and other similar jurisdictions can be implemented and strengthened. D. Stimulate environments through which communities will creatively learn, work and solve problems through reciprocal cultural, educational, municipal, business, professional and technical exchanges and projects. E. Collaborate with organizations in the United States and other countries that share similar goals. 1.3 Classification. Pursuant to Subsection 9.1(A) of the Town Council Rules of Procedure, Amended and Restated February 6, 2014 (the "Council Rules"), the Commission is classified as "regularly scheduled." 2. Members & Appointments. 2.1 Number of Members. The Commission shall be composed of seven members. Three members shall be officers or board members from the Fountain Hills Sister Cities Corporation. 2516796.2 2.2 Appointments. Appointments to the Commission shall be made by the Mayor with the approval of the Town Council, from residents of the Town who meet the minimum qualifications as outlined in the most recent edition of the Council Rules. 2.3 Filling of Vacancies. Any vacancy on the Commission shall remain vacant until a new member is appointed by the Mayor and approved by the Town Council to fill the unexpired portion of the vacant term. In cases of a vacancy due to the expiration of a member's term, the member shall remain seated until a successor is appointed and qualified. 2.4 Term. Unless appointed to fill a vacancy mid-term, each member's term of office shall be three years. 2.5 Attendance. All members are required to attend all Commission meetings unless excused by the Chairperson, with the concurrence of the Commission. Three successive unexcused or unexplained absences from any regular or special meeting shall be deemed a vacancy as outlined in the Council Rules. 2.6 Removal. Any member may be removed as set forth in the Council Rules. 3. Powers and Duties of the Commission. 3.1 City_ Recommendations. Recommend the selection of cities to the Town Council for the development of municipal partnerships. 3.2 Co -Hosting. Assist the Fountain Hills Sister Cities Corporation in hosting receptions and events for visiting delegations and officials from current or prospective sister cities. 3.3 Programs. Recommend to the Town Council events, opportunities, programs and projects to develop a community partnership with designated sister cities and to provide a forum for citizens to experience such community partnerships. 3.4 Guidelines. Recommend to the Town Council guidelines for reciprocal cultural, educational, municipal, business, professional and technical exchanges and projects with designated sister cities. 3.5 Collaboration. Recommend to the Town Council agreements with other governmental and non-governmental organizations to collaborate on promoting cultural understanding and stimulating economic development. 3.6 Council -Directed Duties. Such other powers and duties not inconsistent with these Bylaws as may be directed by the Town Council. 2516796.2 2 4. Commission Officers and Staff. 4.1 Organization. At the first regularly -scheduled Commission meeting of each calendar year, the Commission shall elect a Chairperson and Vice -Chairperson from among the members. The term of the Chairperson and Vice -Chairperson shall be for one year. Any member serving as Chairperson or Vice -Chairperson shall be eligible for re-election; provided, however, that each member may serve no more than two consecutive terms for that specific office. 4.2 Duties of the Chairperson and Vice -Chairperson. The Chairperson shall (A) preside at all Commission meetings, (B) decide all points of order and procedure, (C) appoint work groups if necessary and coordinate the work of the work groups, (D) serve as a representative of the Commission to other governmental units on such matters as have been approved and designated by the Commission and (E) perform any duties as required by law, ordinance or these Bylaws. The Chairperson shall have the right to make motions, second motions and vote on all matters before the Commission. The Vice -Chairperson shall act as an aid to the Chairperson and shall perform the duties of the Chairperson in his or her absence or inability to serve. In the absence of the Chairperson and Vice -Chairperson, the Town Staff Liaison shall call the meeting to order and a simple majority of the members then present shall select an acting Chairperson for the meeting. If the Commission members present are unable to select an acting Chairperson, the meeting shall be automatically adjourned and all agenda items shall be carried over to the next Commission meeting. 4.3 Order of Filling Officer Vacancies. The Vice -Chairperson shall fill a vacancy in the office of the Chairperson. A vacancy in the office of Vice -Chairperson shall be filled by a Commission member by majority vote of the Commission at the next meeting where a quorum of the Commission is present. 4.4 Officer Removal. The Chairperson or Vice -Chairperson may be removed from office at any time at a meeting of the members by an affirmative vote of a three- fourths majority of the total members of the Commission, who must be present to vote. 4.5 Town Staff Liaison. The Town Manager may designate a department or staff member of the Town to furnish support to the Commission, as requested or required, to advise and furnish professional and technical advice, and to maintain meeting minutes and ensure compliance with the Arizona Open Meeting Law. 5. Commission Meetings. 5.1 Frequency. Commission meetings shall be held at least quarterly at the Town Hall Council Chambers, Fountain Hills, Arizona. 2516796.2 3 5.2 Additional Commission Meetings. Additional Commission meetings may be held on the call of the Chairperson or the request of two or more members. Notice of such meetings shall be given to all the members by telephone, email or personal delivery or by verbal comment during a regular meeting. All notices shall be given, and an agenda shall be posted according to applicable law, at least 24 hours before the meeting. 5.3 Participation by the Public. Commission meetings shall be open to the public. For any matter under consideration, any person may submit written comments and, if attending in person, may fill out a speaker card and speak to the issue upon being recognized by the Chairperson and stating his or her name and, if applicable, the names of any person or organization on whose behalf he or she is appearing. 5.4 Quorum. A Commission meeting where a majority of its members are present shall constitute a quorum. A majority vote of those members present shall be required to take official action. No action shall be taken at any meeting in absence of a quorum, except to adjourn the meeting to a subsequent date. 5.5 Aizenda. In accordance with the Arizona Open Meeting Law, the agenda shall be prepared by the Town Staff Liaison, reviewed by the Chairperson, and posted no less than 24 hours before the Commission meeting. 5.6 Minutes. Minutes of the proceedings shall be retained and filed with the Town Clerk or authorized designee who will, in turn, file and post the minutes according to applicable law. 5.7 Open Meeting Law. The Commission is subject to the Arizona Open Meeting Law. 6. Special Committees. The Commission may create special committees for specific purposes. Such committees shall be subject to the provisions of the Arizona Open Meeting Law. Any special committee created by the Commission shall automatically dissolve when its work is done and after the Commission has accepted its final report. 7. Amendments. By the affirmative vote of a two-thirds majority of all the members of the Commission, the members may recommend amendments to these Bylaws to the Town Council for its approval. 2516796.2 4 Legal Counsel. The Commission may request through the Town Staff Liaison that the Town Attorney, or authorized designee, provide legal advice and rulings on points of order, procedure or other matters related to the Commission's duties. 9. Administration. 9.1 The Town Council may budget such funds as it deems appropriate in its sole and absolute discretion for the activities of the Commission through the annual appropriations process. 9.2 Funds received as donations shall be accounted for in accordance with the Town's Financial Policies and Procedures. 9.3 All expenditures in excess of $5,000.00 shall be approved by the Town Manager. 9.4 All expenditures shall follow the Town's Procurement Policies and Procedures. 2516796.2 5 League of Arizona %MOW ides ANoTowns Legislative Bulletin Issue 1 - January 15, 2016 Legislative Overview On Monday, January 11, the second regular session of Arizona's 52nd Legislature convened. Many mayors, council members and municipal staff attended the Opening Day ceremonies. In addition to the excitement and activity associated with welcoming legislators, Governor Doug Ducey delivered the annual State of the State Address. You can find his speech here: On the Rise. Governor Ducey unveiled his budget today, and we have done a preliminary review of the documents. Our analysis indicates that there are no major year - over -year changes to the budget areas that impact cities and towns. The two areas municipalities will have an interest in are the Highway User Revenue Fund (HURF) allocation and the amount that is billed to cities and towns to fund the Department of Revenue's (DOR) transaction privilege tax collections. HURF remains at the same level as last fiscal year and fees to be paid to the DOR also remain unchanged. Be advised that the amount billed to your individual city or town for the DOR fee may change based on changes in your population. The Governor's tax reform plans were not included in the Executive Budget. We will notify you as soon as we have any information about this issue. There are no changes in the distribution of revenue sharing funds. Here is a link to the governor's proposal: azgovernor.gov/budget. Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. These are established by rule and are subject to change. This year, the schedule is as follows: January 2016 Monday, the 11th - First day of session Thursday, the 14th - House 7 -bill Introduction Limit Begins (5 p.m.) February 2016 Monday, the 1st - Senate Bill Introduction Deadline (5 p.m.) Monday, the 8th - House Bill Introduction Deadline (5 p.m.) Friday, the 19th - Last day to hear bills in the chamber of origin March 2016 Friday, the 19th - Last day to hear bills in the opposing chamber April 2016 Tuesday, the 20st - 100th Day of Session Monday Teleconferences The League will continue to host a weekly teleconference to report on the status and impact of various legislative bills in the 2016 session. The calls are scheduled for Monday mornings promptly at 10:00 a.m. Mayors, managers and other city or town officials and staff who are interested in legislative activities are invited to participate. Call-in numbers and a brief agenda will be sent out prior to the calls. If you would like to receive the Monday agendas, please contact league@azleague.org and request to be added to the distribution list for the Monday teleconference. Legislative Bulletin The League will electronically distribute the Legislative Bulletin every Friday during the legislative session. The Bulletin serves as a way for the League to communicate to elected officials, staff and other interested parties about activities at the Legislature that are relevant to cities and towns. If you know of any municipal official or staff member that would like to subscribe to the Bulletin please have them send their name and email to league@azleague.org and request to be added to the Legislative Bulletin distribution list. As in the last few years, the Bulletin will highlight the top half-dozen or so topics and bills. Other legislation that the League is actively engaged on will still be monitored and updated; however, that information will be available on our Legislative Bill Monitoring page on the League website. The Bulletin will link to the legislation that has been updated in our Legislative Bill Monitoring Section. This format should make it more convenient for you to keep up to date on the latest legislative activities, while still providing a resource for more detailed information. Legislative Intern The League is pleased to welcome Morgan Dick as our legislative intern for the 2016 session. Morgan's background is in youth sports management at the Valley of the Sun YMCA, and leadership as a campus tour guide at Arizona State University. Currently, Morgan is a junior at ASU and will be receiving her bachelor's degree in both Political Science and Spanish Linguistics, along with a certificate in Civic Education. Morgan will be assisting the League's legislative staff for the duration of the spring 2016 semester. Your Voice The 2016 edition of Your Voice at the Capitol, our listing of senators and representatives, is available here. Please use this document to access your delegation. Early contact with your legislators is strongly recommended in order to establish a relationship with the elected officials representing your district. Maintaining good communications with your legislators provides them with invaluable insight as to how proposed legislation may affect their communities. Additionally, you can contact our legislative division at (602) 258-5786 or email using the information below: Patrice Kraus, Legislative Director: pkrausCazleague.org Dale Wiebusch, Senior Legislative Associate: dwiebusch@azleague.org Legislative Bill Monitoring (All bills being actively monitored by the League can be found here.) SB 1017: municipal service access cards; requirements Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@ az league.org. From: Bev Bender To: Mayor & Town Council Cc: Grady Miller; Andrew J. McGuire; Department Directors Subject: Legislative Bills for possible discussion at the 1/21 Council meeting Date: Tuesday, January 19, 2016 4:12:30 PM Attachments: image001.png imaae002.pnng Good afternoon Mayor and Council, Below is a list of bills for possible discussion at Thursday's Council meeting. The links below are to the available information on each of the bills as found on the AZ Legislature website. This information will be added to the packet for reference. H B 2024 - sovereign authority; federal actions H B 2026 - municipal tax exemption; residential lease HB 2115 - public employees; misappropriation; penalty H B 2267 - prime contracting classification; repeal HB 2483 - municipal population estimates; use Possible Tax Exemption for Fine Art Bill 2016 — information below was provided by Mayor Kavanagh The art industry tried last session to get an exemption from all tax, both state and local, for any fine art item shipped out of state. The art industry is now asking for an exemption for only state tax. To me that's just a foot in the door. If that passes, the industry will be asking for local tax exemption next time. There is not to my knowledge a sponsored bill as yet, but the art industry has been making the rounds at the legislature to see how one can be crafted and by whom. Reasons to deny this bill: 1. Why should art be tax exempt? While I'm not a big tax proponent, why should we carve out one industry for special favors? 2. Why should someone who buys art here in AZ and have it shipped somewhere else where they live pay no tax, while residents of our state are taxed on the product? Shouldn't we be supporting our own residents first, especially since they are the ones supporting our local businesses throughout the year and especially during the very slow summer months. 3. Why should art, which is a luxury, not be taxed while this state would never consider removing tax from necessities like milk, eggs, baby diapers and formula? 4. The State will lose tax revenue and the municipalities will get less in state shared revenue. How will the State make up for their reduction in revenue? Look to us? 5. What is the definition of fine art? Google definition: "...creative art, especially visual art, whose products are to be appreciated primarily or solely for their imaginative, aesthetic, or intellectual content ... the convergence of popular culture and fine art" Wikipedia definition: Historically, the five main fine arts wereaip nting, sculpture, architecture, music andop efty, with performing arts including theatre and dance.w Today, the fine arts commonly include additional forms, such as film, photography, conceptual art, and printmaking. However, in some institutes of learning or in museums, fine art.....(is) associated exclusively with visual artforms.... This definition originally excluded the applied or decorative arts, and the products of what were regarded as crafts. In contemporary practice these distinctions and restrictions have become essentially meaningless, as the concept or intention of the artist is given primacy, regardless of the means through which this is expressed. (So by this definition that macaroni necklace my grandson made for me is fine art ... if he says it is.) 6. Art is luxury and even in the monopoly game, if you land on luxury, you pay the bank $100 in the 2008 newer edition. If it's good enough for monopoly..... Bev Bevelyn J. Bender, MMC I Town Clerk I Town of Fountain Hills I bbender(@fh.az.gov I direct phone: 480-816-5115 Sfax: 480-837-3145 1 116705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 1 www.fh.az.gov The Town of Fountain Hills is open for extended hours for most Town services from 7 a.m. - 6 p.m. Monday - Thursday; closed on Fridays. "Kinc ne-ss is tAz txnji4 tje tAe kine cxn see xntoe c eaf cAn rvefivr." - MAA TWAin