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HomeMy WebLinkAbout170202PAIN�l ° n NOTICE OF THE MW mw. REGULAR SESSION OF THE 9y`4at�� ti°°e is FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Nick DePorter Councilmember Henry Leger TIME: 6:30 P.M. WHEN: THURSDAY, FEBRUARY 2, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 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\2017\r170202\170202a.docx Last Printed: 1/25/2017 11:10 AM Page 1 of 3 REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Reverend Dr. Cathy Northrup, the Community Church of the Verdes ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council 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 19, 2017. 2. CONSIDERATION of RESOLUTION 2017-03, approving the revised Town Organizational Chart for the Development Services Department and revised job descriptions for the Chief Building Official/Plans Examiner and Building Permit Technician positions. 3. CONSIDERATION of approving the SECOND AMENDMENT to contract C2016-128 with Geuther Electrical, Inc. to increase the contract from $59,999 to $109,999, for electrical services. 4. CONSIDERATION of approving a temporary EXTENSION OF PREMISES LIQUOR LICENSE APPLICATION for Euro Pizza (Merita Kraya), located at 12645 N. Saguaro Boulevard, Fountain Hills, AZ, in conjunction with the Memorial Championship Disc Golf Tournament, from 10:00 AM to 7:00 PM on Saturday, March 4, 2017. z:\council packets\2017\r170202\170202a.docx Last Printed: 1/25/2017 11:10 AM Page 2 of 3 5. CONSIDERATION of approving a temporary EXTENSION OF PREMISES LIQUOR LICENSE APPLICATION for Euro Pizza (Merita Kraya), located at 12645 N. Saguaro Boulevard, Fountain Hills, AZ, in conjunction with the Mountain to Fountain 15K, from 7:00 AM to 12:00 PM on Sunday, March 5, 2017. REGULAR AGENDA 6. CONSIDERATION of a REWARD PROGRAM to help lead to the arrest and conviction of individuals involved in vandalism and other crimes in Fountain Hills. 7. 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. 8. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items) 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. 9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 10. ADJOURNMENT. DATED this 26th day of January, 2017. Bevelyn JMBenffer, 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\2017\rl70202\170202a.docx Last Printed: 1/25/2017 11:10 AM Page 3 of 3 AIN�l ° n NOTICE OF THE MW mw. REGULAR SESSION OF THE 9y`4at�� ti°°e is FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Nick DePorter Councilmember Henry Leger TIME: 6:30 P.M. WHEN: THURSDAY, FEBRUARY 2, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 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\2017\rl70202\170202a.docx Last Printed: 1/25/2017 11:10 AM Page] of 3 REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Reverend Dr. Cathy Northrup, the Community Church of the Verdes ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council 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 19, 2017. 2. CONSIDERATION of RESOLUTION 2017-03, approving the revised Town Organizational Chart for the Development Services Department and revised job descriptions for the Chief Building Official/Plans Examiner and Building Permit Technician positions. 3. CONSIDERATION of approving the SECOND AMENDMENT to contract C2016-128 with Geuther Electrical, Inc. to increase the contract from $59,999 to $109,999, for electrical services. 4. CONSIDERATION of approving a temporary EXTENSION OF PREMISES LIQUOR LICENSE APPLICATION for Euro Pizza (Merita Kraya), located at 12645 N. Saguaro Boulevard, Fountain Hills, AZ, in conjunction with the Memorial Championship Disc Golf Tournament, from 10:00 AM to 7:00 PM on Saturday, March 4, 2017. z:\council packets\2017\r170202\170202a.docx Last Printed: 1/25/2017 11:10 AM Page 2 of 3 5. CONSIDERATION of approving a temporary EXTENSION OF PREMISES LIQUOR LICENSE APPLICATION for Euro Pizza (Merita Kraya), located at 12645 N. Saguaro Boulevard, Fountain Hills, AZ, in conjunction with the Mountain to Fountain 15K, from 7:00 AM to 12:00 PM on Sunday, March 5, 2017. REGULAR AGENDA 6. CONSIDERATION of a REWARD PROGRAM to help lead to the arrest and conviction of individuals involved in vandalism and other crimes in Fountain Hills. 7. 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. 8. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items) 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. 9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 10. ADJOURNMENT. DATED this 26th day of January, 2017. Bevelyn JMBenffer, 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\2017\rl70202\170202a.docx Last Printed: 1/25/2017 11:10 AM Page 3 of 3 Meeting Date: 21212017 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 -snaking REQUEST TO COUNCIL (Agenda Language): CONSIDERATION( of approving the TOWN COUNCIL MEETING MINUTES froi n January 19, 2017. 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 (tor Council use): Move to approve the consent agenda as listed Prepared by: &qtr,� Bevelyn Bender, Town Clerk 1123/2017 Approved: Grady E. Mill n Manager 1/24/2017 Page 1 of 1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 2/2/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Administration Staff Contact Information: David Trimble 480-816-5125; Dtrimble@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2017-03, approving the revised Town Organizational Chart for the Development Services Department and revised job descriptions for the Chief Building Official/Plans Examiner and Building Permit Technician positions. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Job Descriptions Staff Summary (background): In order to improve organizational efficiency and effectiveness staff is recommending a change in reporting structure for the Building Safety section within the Development Services Department. Currently both employees within the Building Safety section; the Building Permit Technician and the Chief Building Official/Plans Examiner both report directly to the Department Director along several other Development Services staff. This proposal is to change the reporting path for the Building Permit Technician to report to the Chief Building Official/Plans Examiner instead of reporting to the Department Director. The Chief Building Official/Plans Examiner would continue to report to the Department Director. It is customary in many municipalities to have the Chief Building Official supervise subordinate staff, so we do not anticipate any issues with this transition. At this time we are not requesting any changes to the Pay Plan associated with this reporting structure change. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): None Budget Reference (page number): Funding Source: General Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Boards) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): Chief Building Oficial/Plans Examiner job description, Building Permit Technician job description, Development Services Department organizational charts Page t a2 SUGGESTED MOTION (for council use): Move to approve consent agenda items Prepared by: ved: �a-WQ y/W'f'W�r uav,d I nm e, Adram,staMe services Director Director's Approval: fl.�,a Tm�av David Trimble, Administrative services Director Page 2 of 2 ved: urany E. Miller, w Manager 1124/2 17 Page 2 of 2 RESOLUTION 2017-03 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE REVISED TOWN ORGANIZATIONAL CHART FOR THE DEVELOPMENT SERVICES DEPARTMENT AND REVISED JOB DESCRIPTIONS FOR CHIEF BUILDING OFFICIAL/PLANS EXAMINER AND BUILDING PERMIT TECHNICIAN POSITIONS. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") approved Resolution 2016-10 on June 2, 2016, approving the Town of Fountain Hills Organizational Charts, the 2016-17 Pay Plan, the Schedule of Authorized Positions and the Employee Job Descriptions (collectively, the "Staffing Authorization"); and WHEREAS, the Town Council desires to revise the Staffing Authorization to incorporate the revised employee job descriptions for the Chief Building Official/Plans Examiner and the Building Permit Technician (the "Job Description Updates"). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town Council hereby approves and authorizes the Job Description Updates and directs that the necessary related changes be made to (i) the Town of Fountain Hills Organizational Chart for the Development Services Department and (ii) the employee job descriptions for Chief Building Official/Plans Examiner and the Building Permit Technician, all in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. The Job Description Updates shall become effective March 6, 2017. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, February 2, 2017. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2887436.1 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION 2017-03 [Job Description Updates] See following pages. 2887436.1 11Zvi 3go Executive Assistant (.5) (shared with Public Works) Chief Building Town Engineer Official/Plans Examiner Building Permit Technician IVDirector Senior Planner Code Enforcement GIS Technician / Officer CAD Operator Full Time Full Time Shared FOUNTAIN HILLS, ARIZONA 0�TAINt �� 4 � Cu, o v C Fsr. iexs a a� Y//rbat is Anti° Job Title: Building Permit Technician Department: Development Services Immediate Supervisor: Chief Building Official/Plans Examiner FLSA Status: Non -Exempt Job Description BRIEF DESCRIPTION OF THE JOB: Processes building permit applications. Provides assistance to the public. Maintains files and plans for active and completed building permits. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 L Receives and processes building permit applications and plans by assigning a permit number, calculating and collecting plan review fee, inputting data into the computer and preparing documents for plan review. Provides status information until issued. 2 L Processes completed permit applications and plans by preparing approved documents, calculating valuation and fees. Inputs data into computer, contacts applicants, collects permit and development fees and issues permits. 3 S Provides information in reference to building codes and procedures to the general public, contractors, engineers at counter and on the telephone and, if necessary, routes them to the correct department. 4 S Provides accurate and expeditious information to field inspectors and other departments to assist them in performing their duties. 5 L Accurately files and maintains building permits, plans, and inspection tickets. Purges and disposes of old files as required by records retention policy. 6 S Researches and inputs permit information to generate reports required for submittal to various government agencies. * See page 3 — Overall Physical Strength Demands Revised 2/2/2017 Adopted 2/2/2017 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Job Description Revised 2/2/2017 Adopted 2/2/2017 JOB REQUIREMENTS Formal Education / Work requires knowledge necessary to understand basic operational, technical, or office Knowledge processes. Level of knowledge equivalent to four year of high school or equivalency. Experience Minimum of 2 years customer service experience in a construction and office environment. Certifications and Building Permit Technician Certification required within first six months of Other Requirements employment. Must be bondable. Possession of a valid driver's license for a minimum of two years with a good driving record. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Ability to read and comprehend permit applications, construction plans and inspection tickets and building codes. Math Ability to calculate permit valuations, plan review fees, permit fees, count money, calculate refunds according to building code. Writing Ability to write inspection tickets, permits, certificate of occupancy, compose letters, check requests and requisitions. Managerial None Budget Responsibility None Supervisory / None Organizational Control Complexity Requires the ability to understand building codes and procedures, and the ability to use multiple computer programs. Interpersonal / Human Position frequently contacts others within the organization and external customers. Relations Skills These contacts may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers, brokers and sales representatives. Revised 2/2/2017 Adopted 2/2/2017 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Kneeling requires walking or Filing in lower drawers Crouching O Filing in lower drawers standing to a significant R Filing in lower drawers Bending O degree. Twisting O Deskwork PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing F Assisting customers, filing, making copies Sitting F Deskwork Walking F Throughout the office for various tasks and back and forth to counter. Lifting F Building permit plans and files. Carrying F Building permit plans and files. Pushing/Pulling R Putting away rolled plans in bins. Reaching F Small objects, books, rolled plans in bins (retrieving). Handling F Paper work, office supplies Fine Dexterity F Keyboard, telephone keypad, writing Kneeling O Filing in lower drawers Crouching O Filing in lower drawers Crawling R Filing in lower drawers Bending O Filing in lower drawers Twisting O Deskwork Climbing O Step stool for building plans Balancing R Carrying files and plans. Vision C Computer monitor, building plans and reading. Hearing C Communicating with public, co-workers, telephone Talking F Communicating with public, co-workers, telephone Foot Controls N N/A Revised 2/2/2017 Adopted 2/2/2017 FOUNTAIN HILLS, ARIZONA MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Copy machine, fax, telephone, computer. ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme N Hazards Vehicle Temperatures Outdoors Chemical N Noise and N Hazards O Vibration R Electrical N Wetness/Humidity N Hazards Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable N Diseases Physical Danger or N Abuse Other (see I N Below) PROTECTIVE EQUIPMENT REQUIRED: None NON-PHYSICAL DEMANDS: Job Description PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors Performing Multiple Tasks Simultaneously Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations O Frequent Change of Tasks F Irregular Work Schedule/Overtime R Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work O Noisy/Distracting Environment R Other (see 3 below) (3) Revised 2/2/2017 Adopted 2/2/2017 FOUNTAIN HILLS, ARIZONA 0�TAINt �� 4 � Cu, o v C Fsr. iexs a a� Y//rbat is Anti°� Job Title: Chief Building Official/Plans Examiner Department: Development Services Immediate Supervisor: Development Services Director FLSA Status: Exempt Job Description BRIEF DESCRIPTION OF THE JOB: Incumbent is authorized and directed to enforce the provisions of the adopted codes, render interpretations of adopted policies and procedures in order to apply code provisions. Approves alternate materials and methods. Responsible for administration of the building codes. Inspects buildings to verify compliance with codes, drawings, and contracts. Supervises subordinate staff to ensure building permitting process is effective and efficient. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS Code 1 L Provides administrative and technical support to all staff members to ensure compliance with adopted codes and standards. Assures that reviews and inspections are done in a timely and professional manner. Prepares and presents policies, programs and education for the staff based on the most current codes and technologies available, ensuring that the best resources are available for the building community. Administers the town Building Safety Board of Appeals. 2 L Inspects residential and commercial buildings to verify compliance with subject codes, approved drawings, and contract documents. Proactively investigates unpermitted work activity requiring building permits. 3 S Monitors department budget, expenditures and forecasting future needs. 4 S Reviews proposed construction documents for conformance with model building (general, structural, fire and life safety), electrical, fuel gas, mechanical and plumbing codes as adopted or amended by the Town. Advises applicants of needed changes with written checklists and plan review reports. 5 S Ensures retention and organization of public and private records meet state statutes, as well as make for efficent use of employee resources. 6 S Assists the public by promptly answering technical code questions on the phone and at the front counter, explains plan review comments and code requirements, provides code interpretations, and otherwise assists applicants in meeting requirements as they proceed through the development review process. Respond to public concerns related to building safety. Investigates and resolves all complaints. * See page 3 — Overall Physical Strength Demands Revised 2/02/2017 Adopted 2/2/2017 FOUNTAIN HILLS, ARIZONA JOB REQUIREMENTS: Job Description JOB REQUIREMENTS Formal Education / Work requires knowledge of a specific vocational, administrative, or technical nature, Knowledge which may be obtained with a two year associate's degree, diploma or equivalent from a college, technical, business, vocational, or correspondence school. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Experience Ten years of municipal government building code inspection and or plans examiner work, including three years of supervisory experience. Certifications and Possession of a valid driver's license for a minimum of two years with a good driving Other Requirements record. ICC Combination Inspector, Plans Examiner and Certified Building Official certification preferred. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Ability to read and understand technical manuals, codes, construction plans and engineering documents. Math Ability to preform basic addition, subtraction, multiplication, division and algebra. Writing Basic writing skills should include proper use of grammar and structure for the purpose of correspondence and report writing. Managerial Occasionally supervises contractors as needed Budget Responsibility Assists Division Director in assessing budgetary needs for the building permit, plan review, and inspection functions. Monitors expenditures throughout the year. Supervisory / Supervises subordinate staff related to the building permitting. May supervise additional Organizational Control staff as Town needs Complexity Requires considerable initiative and independent analytical and evaluative judgment. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town, which may be involved in decision-making or providing approval or decision-making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchases, supplies or products. Meetings and discussions may be conducted with customers and general public. Revised 2/02/2017 Adopted 2/2/2017 FOUNTAIN HILLS, ARIZONA C11�I X1:7\ If 1� � �'b`LC�1\ If.�:7��Cl111� : i 7 Vii► /\►`[7.� Job Description ❑ Sedentary ® Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. Crouching requires walking or During the course of inspections Crawling F During the course of inspections standing to a significant F During the course of inspections Twisting F degree. Climbing F During the course of inspections PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour er week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS Standing FREQUENCY CODE F DESCRIPTION Front counter and job sites Sitting F Desk work, plan review, driving Walking F Office, job sites with un -even terrain Lifting R Plan rolls, ladders Carrying R Plan rolls, ladders Pushing/Pulling F Doors, gates Reaching F Plan storage, at job sites Handling F Paper, books, plans Fine Dexterity O Phone, computer Kneeling F During the course of inspections Crouching F During the course of inspections Crawling F During the course of inspections Bending F During the course of inspections Twisting F During the course of inspections Climbing F During the course of inspections Balancing F During the course of inspections Vision C During the course of inspections, plan reviews and driving Hearing C T Personal communication, phone, meetings Talking C Personal communication, phone, meetings Foot Controls F Driving Revised 2/02/2017 Adopted 2/2/2017 FOUNTAIN HILLS, ARIZONA Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Hand tools, tape measure, ladder, flashligh, screw driver, computer, fax, telephone, and general office supplies ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical S Extreme S Hazards Vehicle Temperatures Outdoors Chemical S Noise and M Hazards F Vibration F Electrical M Wetness/Humidity S Hazards Fire Hazards S Respiratory S Hazards Explosives S Physical Hazards M Communicable S Diseases Physical Danger or N Abuse Other (see 1 Below) PROTECTIVE EQUIPMENT REOUIRED: Steel toe boots, hard hat, safety glasses, ear protection NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Emergency Situations Shop Frequent Change of Tasks Vehicle Irregular Work Schedule/Overtime Outdoors X Recreation Center Working Closely with Others as Part of a Team Other (see 2 Below) Tedious or Exacting Work C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time Up to 1/3 of the time Less than 1 hour per week I Never occurs NON-PHYSICAL DEMANDS Time Pressures F Emergency Situations O Frequent Change of Tasks C Irregular Work Schedule/Overtime O Performing Multiple Tasks Simultaneously F Working Closely with Others as Part of a Team F Tedious or Exacting Work F Noisy/Distracting Environment F Other (see 3 below) (3) Revised 2/02/2017 Adopted 2/2/2017 TOWN OF FOUNTAIN HILLS .0 Z TOWN COUNCIL • _ _e& AGENDA ACTION FORM ,rr$r-r•�� yso Meeting date: 21212017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Mark C. Mayer - mrnayer@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the SECOND AMENDMENT to contract 02016-128 with. Geuther Electrical, LLC. To increase the contract from 59,999 to 109,999, for electrical services. Applicant: Geuther Electrical Applicant Contact Information: 745 N. Gilbert Rd. #124, Gilbert, AZ 480 353-8650 Owner: Dan Geuther Owner Contact Information: 480 353-8650 Property Location: Town Property Related Ordinance, Policy or Guiding Principle: Staff Summary (background): Staff has been utilizing this vendor for electrical services at the Town Parks to renovate the tennis courts lighting and bus barn electrical systems as well as troubleshooting many lighting issues at the parks. The amendment would allow for completion of the work and not delay the completion of these projects, as well as have the vendor available for other projects as they arise. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Not to exceed 109,999 Budget Reference (page number): Funding Source: Multiple Funds If Multiple Funds utilized, list here: various Budgeted; if No, attach Budget Adjustment Form: NA Recommendations) by Board(s) or Commission(s): Staff Recommendation(s): Staff recommends approving the agreement List Attachment(s). C2016-128.2 SUGGESTED MOTION (for Council use): Motion to approve the SECOND AMENDMENT to contract C2016-128 with Geuther Electrical, LLC. to increase the contract from $59,999 to $109,999 for electrical services. Page 1 of 2 Prepared by: _s el( vrS pres�-Pwisoro Pars 723120 i7 Director's Approval A 1015 APP vetl: Grady E. Miller, To pager 12/15/2016 Page 2 of 2 Contracit Nc . C201( -128.21 SECOND AMENDMENT TO CONTRA CM NCI. 021016-128 BE I)dEN TIRE 'TOWN OF FOUNTAIN HILLS AND G EUTIHIR ELECTRICAL, LLC THIS SEICCND AMENDMENTI TIO CONTRACT NO. C201E-.128 (this "8ecand Arrendment") is made as oflblebruary 2, 2017, betAeen their Tlawn of Fountalin Hill.i, an Arizona municipal ccnporation (the "Tlown"), and Ceutlen Elecitriaal, LLC an Arizona limitad liebillt� cioml lany (then °"Contra c 1 or'; . REICIT ALS A. Thu 'flown :issiueicl Request for Qtictation C201(-128 (the "QSBI") sciekirlg bids fram conUactors to perform elactrlcal services (the ' `Servic ass"). Thei Contractor iiesf landed to thea QSP avid the Town and Contralclon antwed inta Contrast No. C2016-128, dateic July 15, 2013, as amended by that first Amendmanit, dated Oclober 6, 21(116, fon tha provision of the Surviaes (collectively, the "Contract"), a trine amid ciarrecl copy of whicih is on fine with the 'Down Clerk. All of the capitalized terms not otheu-wise defined Kiri thisi Second A.menidment have the same meanings as defimled in the C attract. B. Thu Town has del ermincid that it :is necessary) for the C Iontraetar to l arform eidditionaI elecstriaal services (the "Additional Services"). C. The 'flown and the C:entractcm deisine to entaii into this Second Arriendmend to prclvides fbr tt a inaieasei in ciompensation to the Contracston for tha Additional Service:. AGREEMENT NCW, THEREFORE, in consideration cif the foregaing introduction and recitals, which ane incorporated hlareim byl naferenca, the fblllowiing mutuall covemanu and cionditions, anc other goad and valuabla ccnsideratlon, the iieceipt and suffic,ianay of which arei hereby aakrlomd&ged, the Town anc the Contralcl or hereby agree lo a me rid the Contract as f bl lows: 1. Compensal ion. Thu Town shall it creaise the clompensiatlon tcs C omtracl on by not more than $10,000.00, for the Additional Services at the ratels set forth in the Contralct resulting it an increase oftha aggrlegatei net-to-iexcieed compensatlon from $59,999.(1(1 to $109,9519.00. 2. Effect of Ameindment. Ir all other raspeats, the ClonWct is affirmed and ratlficsd and, e)iael I as expresslM modifieid henieiri, all Iermsi and conditions oflthe Clorinct shall remain in fu111 fbrcei and efikict. 3. Non-Ilcifault. BM executinlg this Second Amendment the Contralclor affirmativaly assert: that (i) the 'flown iss not currently in default, noxi has been in deifault at my time prison tcs 2878269.1 "Contractor" GEUTHER ELECTRICAL, LLC an Arizona limited liability company Title: QW&161e— (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On Zan 1�. , 2017, before me personally appeared D4vli e I Geu4V"P,� ,the .z� of GEUTHER ELECTRICAL, LLC an Arizona limited liability company whose identity was proven to me on the basis of satisfactory evidence to be the person who be/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited liability company. s" �n ,� NairoPaCamly,Mzwn �f vL�� (/ 1p0an E>�Sa%OstaE42o Notary Pabllc �—�— (Affix notary seal here) 2878266.1 this Second AmendmemC unser any of the terms of cionditions of the Contralal and (Iii, any and all claims, known avid unknown, nelating 10 tile Contralcl and existing on oz befbne the dates of this Second Amundment arca forever waived. 4. Conf ictl of Intcmest. This Seicond Amendmeint and thei Contiacit may be caricalled pw suant to APJ2. R.Em. STA T. § 35-511. IN WITNEISS WHERBOF, the parties hereto haves executed thi;i instrument as of the dale and yean scat forth at ove. "Town„ TOWN CH F C UN"IAIN HILLS, an Arizana mur icipall ciorporaticin Grady B. Mill en, "Mown Manaigem ATTEST: Beve.lyq a. Bcinder, Town Chirk (A CKNC WLEDC MEINT) STATE OF ARIIZONA as_ COUNTYI OR MARICIOPA ; Cn , 2017, bofbw me personally appuarcid Grady E. Miller, thea Town Manager oflthei 'RC WN OF FOUNTAIN HILLS, an Arisona naunic6ped corporation, whow identity %as praven to mei on thea ba.iis of I ,iaf1sfk1 ory ev:idencie to bei the person) who I a eilaims tc be, ant wkno%leisBed that hes signet the above docnument, on behalf afItble 'flown of Fountal:ini Hills. Notary) Publlic (Affix notary seal hen e) (SIGNATURES CONTINUE ON FOIJIJC WING PAG E] 2878266.1 IITOWN OF FOUNTAIN HILLS �ejiz�� Q'k'N� TOWN COUNCIL \Z� = AGENDA ACTION FORM Meeting Date: 21212017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-816-5135 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a temporary EXTENSION OF PREMISES LIQUOR LICENSE APPLICATION for Euro Pizza (Merita Kraya) located at 12645 N. Saguaro Blvd, Fountain Hills, AZ in conjunction with the Memorial Championship Disc Golf Tournament, from 10:60 am to 7:00 pm on Saturday, March 4, 2017. Applicant: Merita Kraya Applicant Contact Information: Owner: Same Owner Contact Information: Same Property Location: 12645 N. Saguaro Blvd #11, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203,02; 4-244; 4-261 and R19-1-228, 819-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Merita Kraya representing Euro Pizza 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): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA 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): NIA 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 Goodvm 7reation Supervisor 1/2412017 Director's Approval: L Mark Mayer ommunity�ervices llweco2017 Approved: Grady E. Miller, Town Manager 1/24/2017 Page 2 oft TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 1/19/2017 • Streets Division N/A Building Safety Fire Department Building Division Community Services Rachael Goodwin Community Services Development Services Bob Rodgers Law Enforcement Fire Department Licensing v FR: Rachael Goodwin, RE: Liquor License Application Recreation Supervisor Licensing Sonia Kukkola Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staffs 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: Euro Pizza Applicant: Merita Kraja Date(s) of Event: March 4, 2017 at 12645 N Saguaro Blvd #11, in conjunction with the Disc Golf Memorial Championship Date Application Received: 01/11/2017 Town Council Agenda Date: 2/2/2017 STAFF REVIEW AND Department/Division Staff Member Approved Denied N/A Building Safety Jason Field x Community Services Rachael Goodwin X Development Services Bob Rodgers Fire Department Jason Payne v Law Enforcement rk Fisher Licensing Sonia Kukkola x Street Department Justin Weldy ✓ Attach reportfor denial or any recommendation requiring stipulations. 01-11-17P12:47 RCVD iU DLLC USE ONLY Arizona Department of Liquor Licenses and Control CSR: 800 W Washington 5th Floor Phoenix, AZ 85007-2934 Lo #: bp, ll www.azliquor.gov fZ014 (602) 542-5141 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT `OBTAIN APPROVAL FROM LOCAL GOVERNING BOARD BEFORE SUBMITTING TO THE DEPARTMENT OF LIQUOR` "Notice: Allow 30-45 days to process permanent change of premise" ❑ Permanent change of area of service. A non-refundable $50. Fee will apply. Specific purpose for change: ❑✓ Temporary change (No Fee) for date(s) of: 93/04 /17 through S/04 / 17 list specific purpose for change: Disc golf tournament 1. Licensee's Name: Euro Pizza Cafe Last 2. Mailing address: Kraya Street 3. Business Name: 12645 N. Saguaro Blvd 11 4. Business Address: Street 5. Email Address: europizzacafe@cox.net 6. Business Phone Number: 480-836-0207 First Merita 07074002 Middle City State Zip Code Fountain Hills AZ 85268 City Contact Phone Number: 7. Is extension of premises/patio complete? ❑N/A ❑Yes❑✓ No If no, what is your estimated completion date? 03/ 04 / 17 8. Do you understand Arizona Liquor Laws and Regulations? ❑✓ Yes ❑No 9. Does this extension bring your premises within 300 feet of a church or school? ❑Yes ✓❑No 10. Have you received approved Liquor Law Training? ❑✓ Yes ❑ No State Zip Code 11. What security precautions will be taken to prevent liquor violation s in the extended area? fenced and sheriffs overseeing 12. IMPORTANT: Attach the revised floor plan, clearly depicting your licensed premise along with the new extended area outlined in black marker or ink, if the extended area is not outlined and marked "extension" we cannot accept the application. 2/23/2016 Page I of 2 Individuals requiring ADA accommodations please call (602)542-9027 ❑ Bamer Exemption: an exception to the requirement of Lamers surrounding a patio/outdoor serving area may be requested. Bamer exemptions are granted based on public safety, pedestrian traffic, and other factors unique to a licensed premise. List specific reasons for exemption. —fvpproval ❑Disapproval by DLLC. Notary 1, (Firms roll Name) Merita Kraja hereby declare that l am a CONTROLLING PERSON/ AGENT filing this notl0cafion I haver ad this document and the contents and all statements are me, correct and complete. X(Signalue) State of A6—zorac County of lMr r� r,n� rowmilrg Pars n Agent the (magoing ramerent was acknowletlgetlbe m chis of \ 'I \,,, NAY A*%(i Day v Year u My commission expires on: a -'jo s' ,.may. i%up n ^ GOVERNING BOARD After completion, and BEFORE submitting to the Department of Liquor. please Lake this application to your local Board of Supervisors, City Council or Designate for their recommendation. This recommendation is not binding on the Department of Liquor. 0 Approval ❑ Disapproval Authofted SlgnaWre Title Agency pate DLLC USE ONLY Investigation Recommendation 0 Approval 0 Disapproval by: Date: _/ / Director Signature required for Disepprovals: Date: /_/_ 2/23/2016 Page 2 of 2 Individuals requiring ADA accommodations please call (602)542-9027 FOUNTAIN HILLS LAYOUT ;l,n� 3si agkK��W4vpt 10 12 °PO O 406 9 299', Q 389\ ` Su 405 zss \, o F CEJ 0 Qzhs O 15 458 7 372 5 1 r 426 371 M Parking 400 ', I f 3 -i 6 4{- Etu�o Piz`a»1B¢¢r Garden 294 f Restrooms 453 f aR z- -'7rtE Mn7a V Parking \ 34Cz f Easket—315 / n�mrrviu \, m cr n OW02-03/55 EW6I SCiai iSOALE-POW77AO(/ HILLS I AZ, USA UISCRAPT v Oi Fo .alu Hllls Diss i Coosa Displayed below is a Google Map of Fountain Park, home of Oe Fountain Hills Disc Golf Course. C_ naw esponsos Fountain Park -' F fain Hills .UnCT�a`t,'15er 6fi•mmsrce sas lwai espeens- I 0 Founrai lle ad .1 Pauli CoCu a mmunity.. SO1Rri w .Hers 7-F 4]°F center A. O r ha euro ri CcfeQ n 31e �Ma, as49mSKimy •Quick Link M the Shelly Sparge Course Page O Quick Link to the Pats Lakes Course Fee, • Greenland she 2015 Caddie Book -VNI 4. TOWN OF FOUNTAIN HILLS "to i— n TOWN COUNCIL T 70%:�+$tjA AGENDA ACTION FORM � Meeting Date: 21212017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-816-5135 REQUEST TO COUNCIL {agenda Language}: CONSIDERATION of approving a temporary EXTENSION OF PREMISES LIQUOR LICENSE APPLICATION for Euro Pizza (Merita Kraya) located at 12645 N. Saguaro Blvd, Fountain Hills, AZ in conjunction with Mountain to Fountain 15K, from 7:00 am to 12:00 pm on Sunday, March 5, 2017. Applicant: Merita Kraya Applicant Contact Information; Owner: Same Owner Contact Information: Same Property Location: 12645 N. Saguaro Blvd, #11, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 819-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Merita Kraya representing 'Euro Pizza 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): MIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA 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): NIA Staff Recommendation(s): Approve List Attachment(s): Applications SUGGESTED MOTION (forcouncil use): Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared by Rachael GoodWn, ecr tion Supervisor 11241207— Director's Approval: Mark Mayer, ommumty rvices erectorA- lrZ4l2017 Ar vad: I ra y E. Mi er, Ma er 1/24/2017 Page 2 oft TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 1/19/2017 N/A • Streets Division Jason Field • Fire Department Community Services Rachael Goodwin X • Building Division Development Services Bob Rodgers • Community Services Fire Department • Development Services • Law Enforcement M rk fisher / V • Licensing Licensing Sonia Kukkola FR: Rachael Goodwin, RE: Liquor License Application Justin Weldy Recreation Supervisor Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staffs recommendation for approval (with or without stipulations) or denial. If staffs 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 onto the Town Council for their consideration of this application. Name of Organization: Euro Pizza Applicant: Merita Kraja Date(s) of Event: March 5, 2017 at 12645 N Saguaro Blvd 1111, in conjunction with the Mountain to Fountain 15K Date Application Received: 01/11/2017 Town Council Agenda Date: 2/2/2017 STAFF REVIEW AND Department/Division Staff Member Approved Denied N/A Building Safety Jason Field Community Services Rachael Goodwin X Development Services Bob Rodgers Fire Department Jason Payne Law Enforcement M rk fisher / V Licensing Sonia Kukkola X Street Department Justin Weldy V/ Attach reportfor denial or any recommendation requiring stipulations. i 01-1 `-17P12:4 LJ DLLC USE ONLY Js"r� Arizona Department of Liquor Licenses and Control CSR: 800 W Washington 5th Floor Phoenix, AZ 85007-2934 Log #: pco� www.azliquor.gov �zr;fZ00 (602) 542-5141 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT *OBTAIN APPROVAL FROM LOCAL GOVERNING BOARD BEFORE SUBMITTING TO THE DEPARTMENT OF LIQUOR* **Notice: Allow 30-45 days to process permanent change of premise** ❑ Permanent change of area of service. A non-refundable $50. Fee will apply. Specific purpose for change: ✓❑ Temporary change (No Fee) for date(s) of: 0&/05 X17 through 02, /05 17 list specific purpose for change: Mountain to the Fountain 1. Licensee's Name: Euro Pizza Cafe License#: 07074002 Last First Middle 2. Mailing address: Kraya Merita Street City State Zip Code 3. Business Name: 12645 N. Saguaro Blvd 11 Fountain Hills AZ 85268 4. Business Address: Street City State Zip Code 5. Email Address: europizzacafe@cox.net 6. Business Phone Number: 480-836-0207 Contact Phone Number: 7. Is extension of premises/patio complete? ❑N/A ❑Yes ✓❑No If no, what is your estimated completion date? _S_/ 04 / 17 B. Do you understand Arizona Liquor Laws and Regulations? ✓❑Yes ❑No 9. Does this extension bring your premises within 300 feet of a church or school? ❑Yes ✓❑No 10. Have you received approved Liquor Law Training? ✓❑Yes ❑No 11. What security precautions will be taken to prevent liquor violation s in the extended area? fenced and sheriffs overseeing 12. IMPORTANT. Attach the revised floor plan, clearly depicting your licensed premise along with the new extended area outlined in black marker or ink, if the extended area is not outlined and marked "extension" we cannot accept the application. 2/23/2016 Page I of 2 Individuals requiring ADA accommodations please call (602)542-9027 Barrier Exemption: an exception to the requirement of barriers surrounding a patio/outdoor serving area may be requested. Barrier exemptions are granted based on public safety, pedestrian traffic, and other factors unique to a licensed premise. List specific reasons for exemption: 13APproval E]Disapproval by DLLC', ,(Prim Full Name) M erita Kraja notification. I have rea is document P Date: Notary hereby declare that I am a CONTROLLING PERSON/ AGENT filing this contents and all statements are true, correct and complete. _ State of 0. C IAI o County of rnCO `fttt St tf Ff// ac Mai msNlmeM wm.i,knov4etlged belwe tlYs ` PSzo SSP a°cS9� �-1I L7 Year My commission expires on: ' fic% GOVERNING BOARD After completion, and BEFORE submitting to the Department of Liquor, please take this application to your local Board of Supervisors, City Council or Designate for their recommendation. This recommendation is not binding on the Department of Liquor. 0 Approval ❑ Disapproval AuNaivetl Signature nae Agemy Date DLLC USE ONLY Investigation Recommendation: 0 Approval 0 Disapproval by: Date: Director Signature required for Disapprovals'. Date: 2/23/2016 Page 2 of 2 Individuals requiring ADA accommodations please call (602)542-9021 FOUNTAIN HILLS LAYOUT 90 5yf- � 10 A 12� ?n„p 406 9� awn v 29W ROR Y 389 o y5`T$ J 405 13 23B .t 17 15 458 � ,. 6 �. 7 372 5 a 1 r 371 a6 426 r 400 j a 371,3 7 u 6 PizukWoer Barden ,� 294 ff Res rooms\ 463 390 4 Parkm9 ` -rHE PLAZA FpUNTAI Ioe �� U -" ra Basket �/ ip 9�v .:F=,,;� Practice // E TOWN OF FOUNTAIN HILLS TOWN COUNCIL •rbaf�pr'°O° AGENDA ACTION FORM Meeting Date: 2/2/2017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Grady E. Miller, Town Manager Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of a reward program to help lead to the arrest and conviction of individuals involved in vandalism and other crimes in Fountain Hills. Applicant: N/A Applicant Contact Information: N/A Owner: N/A Owner Contact Information: N/A Property Location: Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): During the month of January, the Town of Fountain Hills experienced a rash of vandalism incidents. The first incident consisted of ten vehicles having their tires slashed on January 3. The vehicles were parked at the Lexington Hotel, The Peaks Gym, The Alamo, and multiple vehicles at Fountain Hills Motor Sports. Around the same time period, two churches experienced vandalism to their nativity scenes on their church grounds. Then two weeks later the Community Garden had experienced vandalism to the planting beds and blocks used to construct the perimeter fence. Last week Mayor Kavanagh and Councilmember Art Tolis suggested a cash reward for information leading to the arrest and conviction of individuals involved in these incidents. In discussing this with Captain Letourneau who manages the Fountain Hill's branch of the Maricopa County Sheriffs Office, he agrees that a reward may motivate eyewitnesses to either come forward with information on these incidents or for people to report future ads of vandalism. In the case of the vandalism incidents, the town would offer a $1,000 reward for information leading to the arrest and conviction of individuals involved in these incidents. Staff is also involved in identifying camera locations and costs for the Civic Center Centennial Plaza area. Cameras will act as a deterrent to vandalism at the municipal campus and potentially identify suspects involved in criminal activities at the municipal campus. Based on the success and experience with cameras at this location, the town will also explore the use of cameras at our parks. Page 1 of 2 I recommending that the Town appropriate $10,000 from the Contingency Account to establish a reward program. As part of this program, the Town of Fountain Hills will promote the reward with the local media and for the recent vandalism incidents and apply the funding for potentially other crimes as needed. 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 utilmd, list here: N/A Budgeted; if No, attach Budget Adjustment Form: NA Recommendations) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends that the Mayor and Council approve the creation of a reward program and steps necessary to implement the reward program. List Attachment(s): N/A SUGGESTED MOTION (for council use): MOVE TO APPROVE the creation of a reward program as a tool to lead to the arrest and conviction of individuals involved in crimes in Fountain Hills; and authorize the Town Manager to take the necessary steps to transfer $10,000 from the Contingency Account to fund an account specifically for the creation of the reward program. Prepared by: Director's Approval: Ap o tl: Grady E. Miller no, 212/2017 Page 2 of 2 Issue 2 - January 20, 2017 Legislative Overview Today marks the 9th day of the 2017 legislative session. Committees are in full swing and we have already passed some legislative deadlines. The 7 -bill limit for House members became effective on January 12th; today is the last day for Senate bill requests to Legislative Council; and Monday is the last day for House bill requests to Legislative Council. There have been 513 bills introduced, down from last year's pace with 698, and 31 Memorials and Resolutions, also down from last year's number of 62. SB 1487 (2016 Session) Last session, the Legislature enacted SB 1487, state law; local violations; penalties, which allows a single legislator to file a complaint against a city or town and requires the Attorney General to investigate. If the Attorney General finds that that the city or town is violating the law or may be violating the law, the municipality's shared revenue is jeopardized. In October 2016, Rep. Finchem filed a complaint against Tucson alleging a violation relating to the City's destruction of firearms. The Attorney General investigated and issued a report that found that the City may be violating the law and provided the City with time to repeal the ordinance. On December 6, 2016, the Tucson City Council voted unanimously to defend the City and challenge the constitutionality of SB1487 and that same day the Attorney General filed a special action petition in the Arizona Supreme Court seeking an order declaring that Tucson's ordinance violates state law and to withhold the City's shared revenue if the ordinance is not repealed. The City of Tucson filed a response to the petition arguing that the city charter supersedes the state law in this matter and challenging the constitutionality of SB 1487. The League filed an amicus brief supporting the City on December 28, 2016. The Supreme Court has not yet decided whether to accept jurisdiction of the case but has scheduled oral arguments on February 28, 2017. The Court has also ordered the City and the Attorney General to file supplemental briefs by February 15 addressing the constitutionality of SB 1487 in addition to the underlying complaint involving the issue between the Tucson City Charter and state's firearm laws. Additionally, the City of Tucson filed a complaint against the State of Arizona in Pima County Superior Court on December 12, 2016 seeking to declare SB1487 unconstitutional. The League has filed a motion to intervene in this case. The parties agreed to stay the superior court proceedings until the Supreme Court determined whether it would accept jurisdiction in the petition filed by the Attorney General. HB 2017 HB 2017 was heard on Wednesday of this week in House Ways and Means Committee. This bill requires that the maximum tax rate, instead of the anticipated tax rate, be used to estimate the tax impact of debt service for a bond issue and the estimated total cost of a bond issue, and that this information is to be included in the bond publicity pamphlet. It also requires a county or municipal bond election ballot to include a disclosure that a "yes" vote may increase the primary tax rate to pay for the maintenance and operation of projects funded by the bond. The League testified in committee that an identical bill had been offered last year by the same sponsor and that an agreement had been reached to use both the maximum AND anticipated tax rates for the calculation of debt service and total cost of the bonds. The sponsor agreed to honor the language from last year and the bill will be amended on the House floor. The bill was passed by a 7-2 vote. HB 2088, incorporation; urbanized areas, was heard Wednesday morning in the House Local and International Affairs Committee. Current statute requires any area attempting to incorporate to seek the permission of any existing, neighboring municipality if any of the boundaries for the area seeking incorporation fall within 6 miles of their municipal boundary (3 miles if the existing community has a population of less than 5,000). HB 2088 would allow an area with at least 15,000 people to incorporate without seeking the consent of those affected communities if the area that is incorporating has a larger population than the community protesting the incorporation. Under HB 2088 an area seeking incorporation could place their proposed borders right up to the border of every surrounding community and those communities would have no recourse. The League testified in opposition to the bill and also raised concerns about residents of existing communities that have property or businesses in the "urbanized area" (within 6 -miles) that would not get a say in whether their business or property would be included in the new incorporation, as only voters that live in that area can vote on incorporation. By including these properties and businesses the newly incorporated area can begin to tax and regulate them without the owners having had a say in whether they wanted to be incorporated. The bill passed out of committee by a 4-3 vote. A mirror bill was also recently introduced in the Senate that could be used to "fast-track" the legislation. Legislative Bill Monitoring (All bills being actively monitored by the League can be found here.) HB2011: bonds; levy; net of cash HB2017: bonds; disclosure; notice HB2088: incorporation; urbanized areas Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Issue 3 - January 27, 2017 Legislative Overview Today marks the 19th day of the legislative session. To date the House has introduced 366 bills, 3 memorials, 19 concurrent resolutions and 3 House resolutions, while the Senate has introduced 336 bills, 8 memorials, 19 concurrent resolutions and 2 joint resolutions. Monday, January 30 is the deadline for introducing bills in the Senate. The House deadline for opening bill folders is Thursday, February 9 and the deadline for introducing bills in the House is Friday, February 10. SB1084 electronic records; retention; storage (Bob Worsley R -Mesa, LD 25) - This bill was heard on Tuesday in the Senate Transportation Committee. This bill allows electronic documents to legally satisfy retention requirements set by law, including agency policy. The bill also removes permissive authority for governmental agencies to not use or allow the use of electronic records or electronic signatures. The League signed in support of the legislation and it passed out of Committee by a vote of 7-0. SB1115 SB1115 PSPRS; retirement benefit calculation (Debbie Lesko R -Peoria, LD 21) - This bill was heard on Wednesday in the Senate Finance Committee. It allows a PSPRS member, hired on or after January 1, 2012 and before July 1, 2017, to retire after 15 years of credited service, in addition to the current benefit of retiring after 25 years of service, if the employee is at least 52.5 years of age. The bill limits the benefit of a member with fewer than 25 years of credited service to the set of reduced graded multipliers. This change corrects an oversight in earlier legislation regarding this group of employees. The League signed in support of the bill and it passed out of committee 7-0. HB2086 municipalities; identification cards; prohibition (,Jay Lawrence R -Scottsdale, LD 23) - This bill was heard on Tuesday in the House Federalism, Property Rights & Public Policy Committee. It prohibits the issuance of municipal identification cards. A violation of this prohibition is to be investigated by the Attorney General and if the city or town does not discontinue the practice within 30 days, the Attorney General must request the State Treasurer to withhold state shared revenue. The League testified in opposition to the bill and it passed out of committee 6-2. HB2116 HB2116 municipal zoning; rezoning protests (Bob Thorpe R -Flagstaff, LD 6) - This bill was heard on Tuesday in the House Federalism, Property Rights & Public Policy Committee. This League resolution clarifies how the property owners who are eligible to file a written protest against a proposed zoning amendment are calculated. The League testified in support to the bill and it passed out of committee 6-0. HB2121 HB2121 immigration; prohibited acts; civil action (Bob Thorpe R -Flagstaff, LD 6) - This bill was heard on Tuesday in the House Federalism, Property Rights & Public Policy Committee. This bill states that cities and towns as well as state agencies, counties and political subdivisions may not be prohibited from doing any of the following: 1) complying with an immigration detainer; 2) providing a federal immigration official with access to an inmate for an interview; 3) initiating an immigration status investigation; or 4) providing a federal immigration official with the incarceration status or release date of an inmate who is in custody. This bill holds cities and towns liable for damages to any person who is injured by the acts or omissions of an unlawful alien or to the personal representative of a person killed by an unlawful alien. It also requires that every person who holds a public office or has official duties as a representative, agent or employee of a city or town to report any violations of this law. The League testified in opposition to the bill and it passed out of committee 6-2. HB2139 HB2139 building code moratorium; repeal (Jill Norgaard R -Phoenix, LD 181 - This bill was heard on Monday in the House Military, Veterans and Regulatory Affairs Committee. The bill repeals statute relating to a building code moratorium for residential and commercial buildings. The League signed in support of the legislation and it passed out of committee by a vote of 9-0. HB2179 HB2179 municipalities; counties; intergovernmental agreements; requirements (Michelle Ugenti-Rita R -Scottsdale, LD 23) - This bill was heard in the House Local and International Affairs Committee on Wednesday. The bill limits all intergovernmental agreements (IGAs) to a maximum term of eight years and requires a majority vote of the governing body of a municipality or county to extend the IGA. In addition, on the effective date of this legislation, all existing IGAs must be reviewed and reaffirmed by a majority vote of the governing body. The League testified in opposition to the bill. It passed with a vote of 4-3. HB2213 HB2213 GPLET reform; K-12 taxes (Vince Leach R -Tucson, LD 11) - This bill was heard on Wednesday in the House Ways and Means Committee. This bill makes numerous amendments to the Government Property Lease Excise Tax (GPLET) statute. It requires the government property lessor to calculate the GPLET for each prime lessee, establishes a delinquency interest rate of 16% per year and eliminates the requirement that a county treasurer submit a report to each government property lessor regarding returns and payments received by the lessor in the preceding calendar year. The bill eliminates the GPLET tax abatement amount designated for school districts and stipulates that lease rates for leases effective after January 1, 2017 are no longer "grandfathered" at the lower amounts provided in current statute. The bill also significantly modifies the definition of a slum or blighted area. GPLET is one of the few economic development tools available to cities and towns in Arizona. The League and several other business groups testified in opposition to the bill. There was discussion about a stakeholder group to work on some of the provisions of the bill. It passed out of committee 6-2. H B2262 HB2262 municipal zoning; rezoning protest requirements (Jeff Weninger R -Chandler, LD 17) - This bill was heard on Wednesday in the House Local and International Affairs Committee. It requires a zoning protest to be filed in the office of the city or town clerk by 12:00 p.m. one business day before the governing body votes on the proposed change and requires the property owners opposing the proposed amendment to sign the filed protest. The League is seeking an amendment to allow a city or town to maintain a more stringent filing deadline by ordinance. The League signed in support of the bill and it passed out of committee 7-0. H B2287 HB2287 firearm discharge; mental state; applicability (Tony Rivero R -Peoria, LD 21) - This bill, referred to as "Shannon's Law," was heard on Wednesday in the House Judiciary and Public Safety Committee. This bill changes the culpable mental state from "criminal negligence" to "knowingly or recklessly" for the offense of unlawful discharge of a firearm. The bill reduces the distance a person must be from an occupied structure while discharging a firearm from one mile to 1/4 of a mile for purposes of the current exception to the statute. The League testified in opposition to the bill and it passed out of committee 7-0. Legislative Bill Monitoring All bills being actively monitored by the League can be found here. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. REFERENCE TITLE: empowerment scholarships; expansion; phase-in State of Arizona Senate Fifty-third Legislature First Regular Session 2017 SB 1431 Introduced by Senators Lesko: Allen S, Barto, Borrelli, Burges, Fann, Farnsworth D, Griffin, Kavanagh, Montenegro, Smith; Representatives Allen J, Boyer, Campbell, Cook, Finchem, John, Lawrence, Leach, Livingston, Mesnard, Mosley, Nutt, Payne, Stringer, Thorpe, Townsend AN ACT AMENDING SECTIONS 15-2401 AND 15-2402, ARIZONA REVISED STATUTES; RELATING TO EMPOWERMENT SCHOLARSHIP ACCOUNTS. (TEXT OF BILL BEGINS ON NEXT PAGE) - i - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SB 1431 Be it enacted by the Legislature of the State of Arizona: Section 1. Section 15-2401, Arizona Revised Statutes, is amended to read: 15-2401. Definitions In this chapter, unless the context otherwise requires: 1. "Annual education plan" means an initial individualized evaluation and subsequent annual reviews that are developed for a qualified student who meets the criteria specified in paragraph 7, subdivision (a), item ( i ) , (ii) or (iii) of this section to determine ongoing annual eligibility through the school year in which the qualified student reaches twenty-two years of age and whether the student may be eligible pursuant to section 36-2981 and should be referred for eligibility determination. 2. "Curriculum" means a complete course of study for content areas or grade levels, including any supplemental materials required by the curriculum, approved by the department. 3. "Department" means the department of education. 4. "Eligible postsecondary institution" means a community college as defined in section 15-1401, a university under the jurisdiction of the Arizona board of regents or an accredited private postsecondary institution. 5. "Parent" means a resident of this state who is the parent or legal guardian of a qualified student. 6. "Qualified school" means a nongovernmental primary or secondary school or a preschool for pupils with disabilities that is located in this state and that does not discriminate on the basis of race, color or national origin. 7. "Qualified student" means a resident of this state who: (a) Is any of the following: (i) Identified as having a disability under section 504 of the rehabilitation act of 1973 (29 United States Code section 794). (ii) Identified by a school district or by an independent third party pursuant to section 15-2403, subsection I as a child with a disability as defined in section 15-731 or 15-761. (iii) A child with a disability who is eligible to receive services from a school district under section 15-763. (iv) Attending a school or school district that has been assigned a letter grade of D or F pursuant to section 15-241 or who is currently eligible to attend kindergarten and who resides within the attendance boundary of a school that has been assigned a letter grade of D or F pursuant to section 15-241. (v) A previous recipient of a scholarship issued pursuant to section 15-891 or this section, unless the qualified student's parent has been removed from eligibility in the program for failure to comply pursuant to section 15-2403, subsection C. - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SB 1431 (vi) A child of a parent who is a member of the armed forces of the United States and who is on active duty or was killed in the line of duty. A child who meets the requirements of this item is not subject to subdivision (b) of this paragraph. (vii) A child who is a ward of the juvenile court and who is residing with a prospective permanent placement pursuant to section 8-862 and the case plan is adoption or permanent guardianship. (viii) A child who was a ward of the juvenile court and who achieved permanency through adoption or permanent guardianship. (ix) A child who is the sibling of a current or previous empowerment scholarship account recipient or of an eligible qualified student who accepts the terms of and enrolls in the empowerment scholarship program. (x) A child who resides within the boundaries of an Indian reservation in this state as determined by the department of education or a tribal government. (xi) A child of a parent who is legally blind paisuant to section 4t -t973, subsection ve, or IS deaf or hard of hearing pwsuant AS DEFINED IN section 36-1941. (xii) BEGINNING IN THE 2017-2018 SCHOOL YEAR, A CHILD WHO CURRENTLY ATTENDS OR IS ELIGIBLE TO ATTEND A PUBLIC SCHOOL IN A KINDERGARTEN PROGRAM OR ANY OF GRADES ONE, SIX AND NINE. (xiii) BEGINNING IN THE 2018-2019 SCHOOL YEAR, A CHILD WHO CURRENTLY ATTENDS OR IS ELIGIBLE TO ATTEND A PUBLIC SCHOOL IN A KINDERGARTEN PROGRAM OR ANY OF GRADES ONE, TWO, SIX, SEVEN, NINE AND TEN. (xiv) BEGINNING IN THE 2019-2020 SCHOOL YEAR, A CHILD WHO CURRENTLY ATTENDS OR IS ELIGIBLE TO ATTEND A PUBLIC SCHOOL IN A KINDERGARTEN PROGRAM OR ANY OF GRADES ONE THROUGH THREE AND GRADES SIX THROUGH ELEVEN. (xv) BEGINNING IN THE 2020-2021 SCHOOL YEAR, A CHILD WHO CURRENTLY ATTENDS OR IS ELIGIBLE TO ATTEND A PUBLIC SCHOOL IN A KINDERGARTEN PROGRAM OR ANY OF GRADES ONE THROUGH TWELVE. (b) And, except as provided in subdivision (a), item (vi) of this paragraph, who meets any of the following requirements: (i) Attended a governmental primary or secondary school as a full-time student as defined in section 15-901 for at least the first one hundred days of the prior fiscal year and who transferred from a governmental primary or secondary school under a contract to participate in an empowerment scholarship account. First, second and third grade students who are enrolled in Arizona online instruction must receive four hundred hours of logged instruction to be eligible pursuant to this item. Fourth, fifth and sixth grade students who are enrolled in Arizona online instruction must receive five hundred hours of logged instruction to be eligible pursuant to this item. Seventh and eighth grade students who are enrolled in Arizona online instruction must receive five hundred fifty hours of logged instruction to be eligible pursuant to this item. High - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 SB 1431 school students who are enrolled in Arizona online instruction must receive five hundred hours of logged instruction to be eligible pursuant to this item. (ii) Previously participated in the empowerment scholarship account program. (iii) Received a scholarship under section 43-1505 and who continues to attend a qualified school if the student attended a governmental primary or secondary school as a full-time student as defined in section 15-901 for at least ninety days of the prior fiscal year or one full semester prior to attending a qualified school. (iv) Was eligible for an Arizona scholarship for pupils with disabilities and received monies from a school tuition organization pursuant to section 43-1505 or received an Arizona scholarship for pupils with disabilities but did not receive monies from a school tuition organization pursuant to section 43-1505 and who continues to attend a qualified school if the student attended a governmental primary or secondary school as a full-time student as defined in section 15-901 for at least ninety days of the prior fiscal year or one full semester prior to attending a qualified school. (v) Has not previously attended a governmental primary or secondary school but is currently eligible to enroll in a kindergarten program in a school district or charter school in this state or attended a program for preschool children with disabilities. (vi) Has not previously attended a governmental primary or secondary school but is currently eligible to enroll in a program for preschool children with disabilities in this state. 8. "Treasurer" means the office of the state treasurer. Sec. 2. Section 15-2402, Arizona Revised Statutes, is amended to read: 15-2402. Arizona empowerment scholarship accounts: funds A. Arizona empowerment scholarship accounts are established to provide options for the education of students in this state. B. To enroll a qualified student for an empowerment scholarship account, the parent of the qualified student must sign an agreement to do all of the following: 1. Use a portion of the empowerment scholarship account monies allocated annually to provide an education for the qualified student in at least the subjects of reading, grammar, mathematics, social studies and science, unless the empowerment scholarship account is allocated monies according to a transfer schedule other than quarterly transfers pursuant to section 15-2403, subsection F. 2. Not enroll the qualified student in a school district or charter school and release the school district from all obligations to educate the qualified student. This paragraph does not relieve the school district or - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 SB 1431 charter school that the qualified student previously attended from the obligation to conduct an evaluation pursuant to section 15-766. 3. Not accept a scholarship from a school tuition organization pursuant to title 43 concurrently with an empowerment scholarship account for the qualified student in the same year a parent signs the agreement pursuant to this section. 4. Use the money deposited in the qualified student's Arizona empowerment scholarship account only for the following expenses of the qualified student: (a) Tuition or fees at a qualified school. (b) Textbooks required by a qualified school. (c) If the qualified student meets any of the criteria specified in section 15-2401, paragraph fr 7, subdivision (a), item (i), (ii) or (iii) as determined by a school district or by an independent third party pursuant to section 15-2403, subsection I, the qualified student may use the following additional services: (i) Educational therapies from a licensed or accredited practitioner or provider. (ii) A licensed or accredited paraprofessional or educational aide. (iii) Tuition for vocational and life skills education approved by the department. (iv) Associated services that include educational and psychological evaluations, assistive technology rentals and braille translation services approved by the department. (d) Tutoring or teaching services provided by an individual or facility accredited by a state, regional or national accrediting organization. (e) Curricula. (f) Tuition or fees for a nonpublic online learning program. (g) Fees for a nationally standardized norm -referenced achievement test, an advanced placement examination or any exams related to college or university admission. (h) Contributions to a Coverdell education savings account established pursuant to 26 United States Code section 530 for the benefit of the qualified student, except that money used for elementary or secondary education expenses must be for expenses otherwise allowed under this section. (i) Tuition or fees at an eligible postsecondary institution. (j) Textbooks required by an eligible postsecondary institution. (k) Fees for management of the empowerment scholarship account. (1) Services provided by a public school, including individual classes and extracurricular programs. (m) Insurance or surety bond payments. (n) Uniforms purchased from or through a qualified school. - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SB 1431 (o) Beginning January 1, 2017, if the qualified student meets the criteria specified in section 15-2401, paragraph 7, subdivision (a), item ( i ) , (ii) or (iii) and if the qualified student is in the second year prior to the final year of a contract executed pursuant to this article, costs associated with an annual education plan conducted by an independent evaluation team. The department shall prescribe minimum qualifications for independent evaluation teams pursuant to this subdivision and factors that teams must use to determine whether the qualified student shall be eligible to continue to receive monies pursuant to this article through the school year in which the qualified student reaches twenty-two years of age. An independent evaluation team that provides an annual education plan pursuant to this subdivision shall submit a written report that summarizes the results of the evaluation to the parent of the qualified student and to the department on or before July 31. The written report submitted by the independent evaluation team is valid for one year. If the department determines that the qualified student meets the eligibility criteria prescribed in the annual education plan, the qualified student is eligible to continue to receive monies pursuant to this article until the qualified student reaches twenty-two years of age, subject to annual review. A parent may appeal the department's decision pursuant to title 41, chapter 6, article 10. As an addendum to a qualified student's final - year contract, the department shall provide the following written information to the parent of the qualified student: (i) That the qualified student will not be eligible to continue to receive monies pursuant to this article unless the results of an annual education plan conducted pursuant to this subdivision demonstrate that the qualified student meets the eligibility criteria prescribed in the annual education plan. (ii) That the parent is entitled to obtain an annual education plan pursuant to this subdivision to determine whether the qualified student meets the eligibility criteria prescribed in the annual education plan. (iii) A list of independent evaluation teams that meet the minimum qualifications prescribed by the department pursuant to this subdivision. 5. Not file an affidavit of intent to homeschool pursuant to section 15-802, subsection B, paragraph 2 or 3. 6. Not use monies deposited in the qualified student's account for any of the following: (a) Computer hardware or other technological devices. (b) Transportation of the pupil. (c) Consumable educational supplies, including paper, pens or markers. 7. BEGINNING IN THE 2017-2018 SCHOOL YEAR AND EACH YEAR THEREAFTER, ANNUALLY HAVE A QUALIFIED STUDENT WHO IS IN ANY OF GRADES THREE THROUGH TWELVE TAKE ANY NATIONALLY STANDARDIZED NORM -REFERENCED ACHIEVEMENT EXAMINATION, AN ADVANCED PLACEMENT EXAMINATION OR ANY EXAMINATION RELATED - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SB 1431 TO COLLEGE OR UNIVERSITY ADMISSIONS THAT ASSESSES READING AND MATHEMATICS. THE EXAMINATION RESULTS SHALL BE REPORTED TO THE PARENT OF THE STUDENT. THIS PARAGRAPH DOES NOT APPLY TO: (a) A STUDENT WHO IS IDENTIFIED AS HAVING A DISABILITY UNDER SECTION 504 OF THE REHABILITATION ACT OF 1973 (29 UNITED STATES CODE SECTION 794). (b) A STUDENT WHO IDENTIFIED BY A SCHOOL DISTRICT OR INDEPENDENT THIRD PARTY PURSUANT TO SECTION 15-2403, SUBSECTION I AS A CHILD WITH A DISABILITY AS DEFINED IN SECTION 15-731 OR 15-761. (c) A CHILD WITH A DISABILITY WHO IS ELIGIBLE TO RECEIVE SERVICES FROM A SCHOOL DISTRICT UNDER SECTION 15-763. C. In exchange for the parent's agreement pursuant to subsection B of this section, the department shall transfer from the monies that would otherwise be allocated to a recipient's prior school district, or if the child is currently eligible to attend kindergarten, the monies that the department determines would otherwise be allocated to a recipient's expected school district of attendance, to the treasurer for deposit into an Arizona empowerment scholarship account an amount that is equivalent to ninety percent of the sum of the base support level and additional assistance prescribed in sections 15-185 and 15-943 for that particular student if that student were attending a charter school. The department may retain up to five percent of the sum of the base support level and additional assistance prescribed in sections 15-185 and 15-943 for each student with an empowerment scholarship account for deposit in the department of education empowerment scholarship account fund established in subsection D of this section, out of which the department shall transfer one percent of the sum of the base support level and additional assistance prescribed in sections 15-185 and 15-943 for each student with an empowerment scholarship account to the state treasurer for deposit in the state treasurer empowerment scholarship account fund established in subsection E of this section. D. The department of education empowerment scholarship account fund is established consisting of monies retained by the department pursuant to subsection C of this section. The department shall administer the fund. Monies in the fund are subject to legislative appropriation. Monies in the fund shall be used for the department's costs in administering empowerment scholarship accounts under this chapter. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. If the number of empowerment scholarship accounts significantly increases after fiscal year 2012-2013, the department may request an increase in the amount appropriated to the fund in any subsequent fiscal year in the budget estimate submitted pursuant to section 35-113. E. The state treasurer empowerment scholarship account fund is established consisting of monies transferred by the department to the - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SB 1431 state treasurer pursuant to subsection C of this section. The state treasurer shall administer the fund. Monies in the fund shall be used for the state treasurer's costs in administering the empowerment scholarship accounts under this chapter. If the number of empowerment scholarship accounts significantly increases after fiscal year 2013-2014, the state treasurer may request an increase in the amount appropriated to the fund in any subsequent fiscal year in the budget estimate submitted pursuant to section 35-113. Monies in the fund are subject to legislative appropriation. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. F. A parent must renew the qualified student's empowerment scholarship account on an annual basis. Notwithstanding any changes to the student's multidisciplinary evaluation team plan, a student who has previously qualified for an empowerment scholarship account shall remain eligible to apply for renewal until the student finishes high school. G. A signed agreement under this section constitutes school attendance required by section 15-802. H. A qualified school or a provider of services purchased pursuant to subsection B, paragraph 4 of this section may not share, refund or rebate any Arizona empowerment scholarship account monies with the parent or qualified student in any manner. I. On the qualified student's graduation from a postsecondary institution or after any period of four consecutive years after high school graduation in which the student is not enrolled in an eligible postsecondary institution, the qualified student's Arizona empowerment scholarship account shall be closed and any remaining funds shall be returned to the state. J. Monies received pursuant to this article do not constitute taxable income to the parent of the qualified student. - 7 -