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.
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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
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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
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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)
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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.
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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
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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
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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.
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(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
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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
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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.
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