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Vice Mayor Dennis Brown
Councilmember Nick DePorter
Councilmember Henry Leger
POST ACTION AGENDA
NOTICE OF THE
ANNUAL TOWN COUNCIL RETREAT
Mayor Linda M. Kavanagh
Councilmember Alan Magazine
Councilmember Art Tolis
TIME: 8:00 AM to 1:00 PM
WHEN: THURSDAY, FEBRUARY 8, 2018
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
Councilmember Cecil A. Yates
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, ARIZONA
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.
CALL TO ORDER — Mayor Linda M. Kavanagh 8:08 AM
ROLL CALL — Mayor Linda M. Kavanagh
All Items are listed for discussion only. No Action can or will be taken. The primary
purpose of this meeting is to provide the Council with the opportunity for an in-depth discussion
and study of specific subjects. Public comment is not provided for on the Agenda and may be
made only as approved by the consensus of the Council. In appropriate circumstances, a brief
presentation may be permitted by a member of the public or another interested party on an
Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may
limit or end the time for such presentations.
z:\council packets\2018\rtl802O8\packet\rt180208 paan.docx Page 1 oft
RETREAT AGENDA ITEMS NO ACTION TAKEN
The Town Manager will provide an overview of the Council Retreat
Review of the 2017 Fountain Hills Strategic Plan
Primary Property Tax Election and Public Information Plan Highlights
Proposed FY2018/19 Budget, Capital Improvement Program, and Five-year Financial
Forecast
Direction from Council regarding legal services
a. Historical costs for outside legal services
b. In-house versus outside counsel
c. Comparative outside legal service costs of other municipalities
Discussion:
a. Animal Licenses
b. Annual Commercial Fire Inspection Safety Fees
c. Bench Replacement Program
d. Public Art Program
Discussion of Council Rules of Procedure
a. Council attendance at Executive Sessions
b. Agenda item: Council Discussion/Direction to the Town Manager
Summary of Council discussions by the Town Manager
Adjournment 12:48 PM
DATED this I't day of February, 2018.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-
5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in
this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the
Council with this agenda are available for review in the Clerk's office.
zAcouncil packets\2018\rtl802O8\packet\rt180208 paan.docx Page 2 of 2
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Vice Mayor Dennis Brown
Councilmember Nick DePorter
Councilmember Henry Leger
NOTICE OF THE
ANNUAL TOWN COUNCIL RETREAT
Mayor Linda M. Kavanagh
Councilmember Alan Magazine
Councilmember Art Tolis
TIME: 8:00 AM to 1:00 PM
WHEN: THURSDAY, FEBRUARY 8, 2018
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
Councilmember Cecil A. Yates
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, ARIZONA
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.
CALL TO ORDER — Mayor Linda M. Kavanagh
ROLL CALL — Mayor Linda M. Kavanagh
All Items are listed for discussion only. No Action can or will be taken. The primary
purpose of this meeting is to provide the Council with the opportunity for an in-depth discussion
and study of specific subjects. Public comment is not provided for on the Agenda and may be
made only as approved by the consensus of the Council. In appropriate circumstances, a brief
presentation may be permitted by a member of the public or another interested party on an
Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may
limit or end the time for such presentations.
z:\council packets\2018\rtl802O8\rtl8O2O8.docx Page 1 oft
RETREAT AGENDA ITEMS
The Town Manager will provide an overview of the Council Retreat
Review of the 2017 Fountain Hills Strategic Plan
Primary Property Tax Election and Public Information Plan Highlights
Proposed FY2018/19 Budget, Capital Improvement Program, and Five-year Financial
Forecast
Direction from Council regarding legal services
a. Historical costs for outside legal services
b. In-house versus outside counsel
c. Comparative outside legal service costs of other municipalities
Discussion:
a. Animal Licenses
b. Annual Commercial Fire Inspection Safety Fees
c. Bench Replacement Program
d. Public Art Program
Discussion of Council Rules of Procedure
a. Council attendance at Executive Sessions
b. Agenda item: Council Discussion/Direction to the Town Manager
Summary of Council discussions by the Town Manager
Adjournment
DATED this 1St day of February, 2018.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-
5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in
this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the
Council with this agenda are available for review in the Clerks office.
z:\council packets\2018\rtl802O8\rtl8O2O8.doex Page 2 of 2
TAIN �1
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'hat is
Town of Fountain Hills
2017 Strategic Plan
May 18, 2017
TOWN OF FOUNTAIN HILLS
2017 STRATEGIC PLAN
Goal # 1: Maximize Economic Development Opportunities in Fountain Hills
Objective #1 — Create or Utilize Tools to Help Market Fountain Hills for Economic Development Opportunities
Tasks Lead Responsibility Proiected Completion Date
❑ Develop a community brand/vision/marketing plan for Fountain Hills Scott Cooper June 2019
❑ Develop a new business resource package
❑ Increase funding for business accelerator programs
❑ Explore higher education opportunities in Fountain Hills
Scott Cooper
Scott Cooper
Scott Cooper
Tasks Lead Responsibility
❑ Rezone undeveloped commercial property to residential where feasible Scott Cooper/
Bob Rodgers
❑ Adopt a text amendment that allows residential uses on commercially Bob Rodgers
zoned properties
Completed
July 2018
December 2019
Proiected Completion Date
Ongoing
Completed
❑ Rezone unplatted land for greater density and affordable family homes Bob Rodgers Ongoing
(as opportunities present themselves)
Objective Dollar ExpendituresDuring Visits to Fountain Hills
Tasks Lead Responsibility Proiected Completion Date
❑ Create and expand destination events Rachael Goodwin/Grace Rodman-Guetter Ongoing
St. Patrick's Day/Fourth at the Fountain/Turkey Trot/
UPDATED: December 19, 2017
Page 2 of 6
Tasks
TOWN OF FOUNTAIN HILLS
2017 STRATEGIC PLAN
Goal # 2: Ensure that Infrastructure in Fountain Hills is Well -Maintained and Safe
Lead Responsibility
❑ Develop and implement an investment plan to bring streets, Grady Miller/
buildings, and parks up to established standards Craig Rudolphy/Justin Weldy
❑ Commission a study to identify gap between actual and subdivision Justin Weldy/
ordinance specifications and determine cost of meeting ordinance Bob Rodgers
specifications
Tasks Lead Responsibility
❑ Develop and adopt a comprehensive environmental plan Justin Weldy/Raymond Rees
for Fountain Hills
❑ Research and report on economic and logistic feasibility of Justin Weldy
electric car charging stations
UPDATED: December 19, 2017
Page 3 of 6
Projected Completion Date
June 2019
June 2019
Projected Completion Date
June 2019/In progress
June 2018
TOWN OF FOUNTAIN HILLS
2017 STRATEGIC PLAN
Goal # 3: Attract Families and Working Professionals to Fountain Hills
Obto Fountain Hills I
Tasks Lead Responsibility Proiected Completion Date
❑ Work with State Land Trust to increase residential density Council/Staff December 2018
Tasks
❑ Collaborate with businesses in promoting town's marketing plan
❑ Expand use of Social Media and on-line messaging
❑ Include family branding in marketing plan
❑ Organize a young professionals group or organization
❑ Organize specialty youth camps (robotics, coding, arts, etc.)
❑ Support youth club sports
UPDATED: December 19, 2017
Lead Responsibility
Scott Cooper
Grace Rodman-Guetter
Grace Rodman-Guetter/
Scott Cooper
Page 4 of 6
Scott Cooper
Rachael Goodwin/
Corey Povar
Rachael Goodwin
Proiected Completion Date
July 2019
Ongoing
In progress
June 2018
Created first summer youth camp/
ongoing
Ongoing
TOWN OF FOUNTAIN HILLS
2017 STRATEGIC PLAN
Goal # 4: Ensure that Fountain Hills Finances are Stable and Sustainable
Tasks Lead Responsibility Projected Completion Date
❑ Adequately fund all identified reserve funds Town Council/Town Manager/ December 2027
Craig Rudolphy
❑ Identify revenue options Town Staff/Town Manager/Town Council Completed/October 2017
❑ Increase revenues to meet community needs including Town Manager/Town Council November 2018
addressing projected operating shortfall Town Election -Property Tax/May 2018
UPDATED: December 19, 2017
Page 5 of 6
Tasks
TOWN OF FOUNTAIN HILLS
2017 STRATEGIC PLAN
Goal # 5: Focus on Strengthening the Community and Improving Town's Quality of Life
Lead Responsibilitv
❑ Include local school strengths in marketing plan Scott Cooper/Grace Rodman-Guetter
❑ Work with FHUSD to maximize its property values Town Staff/Council/FHUSD
❑ Explore selling/leasing unused properties Town Staff/Council/FHUSD
Tasks
Lead Responsibilitv
❑ Increase community efforts to lobby for municipal issues Town Manager/Town Council
Tasks
❑ Utilize effective volunteer skills and talents
UPDATED: December 19, 2017
Page 6 of 6
Lead Responsibility
Heather Ware
Projected Completion Date
In progress
December 2017
December 2017
Proiected Completion Date
January 2018
Projected Completion Date
Ongoing
TOWN OF FOUNTAIN HILLS
A REVIEW OF LEGAL SERVICES
Annual Town Council Retreat
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Grady Miller, Town Manager
February 8, 2018
Introduction
• Civil legal services is the focus of this analysis, as this is typically
associated with the "Town Attorney" function
• Staff has compiled information about the cost of Town Attorney legal
services for the Town of Fountain Hills in order to compare in-house
legal staff costs versus acontracted/outsourced Firm
Historical Background
• Fountain Hills incorporated in December of 1989 and on January 9,
1990 appointed Richard C. Erickson as interim Town Attorney
• On February 1, 1990 the role of permanent Town Attorney was
outsourced to William "Bill" Farrell of the law firm Ryley, Carlock &
Applewhite
• A Request for Proposal (RFP) process was completed in early 1997,
and meeting minutes indicate Bill Farrell remained as Town Attorney
• Bill Farrell introduced, Nick Dottermann Assistant Town Attorney in
April of 1991, and subsequently, in 1997 Andrew McGuire joined Bill
Farrell's Firm as Assistant Town Attorney
Historical Background
• In 2001 Bill Farrell was referred to in meeting minutes, as Acting
Town Manager/Town Attorney from July 2001— February of 2002,
when his role reverted back to Town Attorney
• Meeting minutes from September 2002 indicate Bill Farrell worked
without a written contract with the Town from 1990 — 2002
• Following an RFP process, on September 19, 2002, the Town Council
selected Jordan, Bischoff, McGuire, & Rose to provide legal services
• Between July of 2004 and July of 2005 the Town changed to the law
Firm, Gust Rosenfeld
• The Town discontinued legal services from Gust Rosenfeld in
October of 2017 and engaged Dickinson -Wright on an interim basis
Civil Legal Services Functions:
• Drafting ordinances and
resolutions
• Planning and Zoning
• Drafting and negotiating
contracts
• Property law
• Reviewing agendas and minutes
• Code enforcement
• Review of documents generated
by town staff
• Development agreements
• Procurement
• Environmental law
• Water law
• Election law
• Annexations
• Bond borrower and issuance
• Intergovernmental agreements
• Public bidding and contracts
• Wireless telecommunication
• Cable and franchise law
• Personnel and employee related
issues
• Employee benefits
• Improvement and community
facilities districts
• General municipal, state, and
federal law
• Attendance and compliance
review of town council and other
board/commission meetings
• Representation of the town
before administrative boards
Comparative Process
Staff compared Town Attorney costs (civil legal services) utilizing:
• The 2018 League of Arizona Cities and Towns Salary Survey, (39
cities/towns in Arizona that submitted data for the survey)
• Updated information from previous research completed June 2016
(Work -Study session 6/14/16) that included budget, structure, and
contract data from 9 cities/towns in the same general population
range; derived from online information and city/town officials
• Information from city/town clerks regarding cost of outside legal
services
• Salary data from 28 Arizona cities/towns obtained from online
information and city/town officials
In -House - Staffing
• Comparable cities/towns with in-house legal services employ
approximately 3 full-time employees
• Town Attorney, Paralegal, and Executive Assistant/Legal Secretary
• First year salaries are estimated to be $215,,178 - $305,553 for
these three positions
• Additional ongoing benefits expenses are estimated to be $64,,092
- $75,,974 for the first year
• First year, one-time expenses would include computers, office
equipment, etc. @ approximately $9,000 for these three positions
In -House - Staffing
• Ongoing operating expenses include Arizona Bar membership
dues, continuing education, and attendance at conferences for two
of the three staff members, in addition to typical office expenses
for a total of approximately $8,000 per year
• Annotated Arizona Revised Statute publications are currently
purchased from Thomson Reuters at a yearly ongoing cost of
approximately $5,000, this would likely be required with an in-
house legal staff
• In-house legal staff would likely require a subscription to online
legal research such as LexisNexis, Westlaw, FastCase, etc. at a
yearly cost of approximately $5,000
In -House — Staffing
Salary Ranges for Potential In -House Staff
Minimum Midpoint Maximum
Town Attorney $123,816 $149,817 $175,819
Executive Assistant/
Legal Secretary
$46,088
$45,274
$55,766
$54,781
$65,445
$64,289
• Expected starting salaries would likely be somewhere between the
range minimum and midpoint, however the range maximums are
higher
In -House - Staffing
•Estimates of ongoing salaries plus benefits &operating expenses
are listed below and do not include $9,000 one-time startup costs
*Minimum = $297,1270
*Midpoint = $348,1397
*Maximum = $399,527
In -House — Other Expenses
• Most cities/towns with in-house staff spend/budget in excess of
$100,000 per year for specialized outside legal services
• Examples of expenditures for outside specialized legal services
include litigation, bond counsel, and issues involving water, zoning,
land use, and condemnations
• If in-house staffing is chosen, the Town should consider budgeting
$75,000 - $100.,000 per year in addition to staffing costs
In -House —Total Expenses
Salary
Benefits
Operating Expenses
Outside Counsel
Total
Estimated In -House Expenses
Minimum Salary
Range
$215,178
64,092
18,000
75,000
$3721270
Midpoint Salary
Range
$260,364
70,033
100, 000
$448,1397
Maximum Salary
Range
$305,553
75,974
100, 000
$499,1527
Outside Legal Services
• The Town has considerable experience in utilizing outside legal
services
• Fountain Hills has utilized this type of arrangement since 1990 and
currently has an interim arrangement with the law firm of Dickinson -
Wright
• If an RFP were conducted, the Town would evaluate proposals based
on previous scope and cost of services
Six -Year Civil Legal Expenses
2017 $250,327
$0
$250,327
Outsourced Total
$254,457
2018* $389,572
$0
Outsourced General
Outsourced Bonding
(General + Bond)
Subscriptions & Other
Fiscal Year
Legal Services
Services
Services
Legal Services
Total
2013
$254,391
$3,840
$258,231
$4,110
$262,341
2014
$255,291
$2,910
$258,201
$3,616
$261,817
2015
$296,947
$71,299
$368,246
$6,411
$374,657
2016
$294,309
$0
$294,309
$8,098
$302,407
2017 $250,327
$0
$250,327
$4,130
$254,457
2018* $389,572
$0
$389,572
$4,130
$393,702
6Year Average $290,140 $13,008 $303,148 $5,083 $308,230
*2018 = Projection of actuals; 3 months Gust Rosenfeld averaged $24,000, 3 months subsequent Dickinson averaged $36,000 per month
*For FY 2018 through December 2017 (1/2 of the FY) the Town has spent $179,572
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$0
Civil Legal Expenses
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Q
■ FH FY 2017
Actual
FH FY 2018
Projected
Outside Legal
$800,000
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$0
Civil Legal Expenses — "Outside/Contracted"
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(In population order lowest to highest)
MinimumSalary-
Low Estimate
MidpointSalary-
High Estimate
A Cost Comparison
In -House
$3721270
$448,397
Outside
$2701000
$400,000
Maximum Salary -
High Estimate $499, 527 $420,000
Pros and Cons
In -House
• Improved access, especially for routine
matters
• Potential for faster turnaround time on
opinions
• Allows for more "face-to-face"
communication
• Costs can escalate depending on legal
specialties and staffing/benefits
• No backup for vacations, leave, etc.
Outside/Contract
• Wide variety of legal specialties and
expertise available, more convenient
for specialized legal issues
• Turnaround time slower
• Communication process more
limited and deliberate
• Only pay for services used, overall
cost likely lower
• Qualified staff on hand for backup
Questions
TOWN OF FOUNTAIN HILLS
Town Council Retreat
Atha
February 8, 2018
Finance Agenda
— Review of financial policies
— Review of existing fund balances
— Review of Town's debt service
— Review of current 2017/18 Annual Budget
— Review of proposed 2018/19 Annual Budget
— Capital Reserve Study
— Five Year Financial Forecast
— Financial Challenges
— Capital projects status
Presiding Judge
Town Prosecutor
0
Citizens of Fountain Hills
Mayor and Town Council
Town Manager
Town Attorney
0 Community DevelopmentN Law
Fire /EMS Services Services EPublic Works Administration Enforcement
Parks
Recreation /
Tourism
Community
Center
Seniorm
Services
Finance /
Engineering Streets
Information
Technology
GIS Facilities
Administrative
Services
Building Safety Inspection
Town Clerk
Appointed
Planning Volunteer
by Council
Program
Code EconomicContracted
Enforcement Development
Financial
Policies
Financial Policies
• Current Policies
—Financial Policies —includes cash handling
—Capital Asset
—Grant
— Procurement
— Investment
—Issuance and Post -issuance Compliance
—Travel
Financial Policies —continued
• Policies Revised in last fiscal year
— Investment Policy
• Originally developed in March 2003
• Current investment management advisor
recommended a review to consider current investment
vehicles and market conditions
• Revised and received Certificate of Excellence from the
Association of Public Treasurers of the United States
and Canada
— Vehicle Replacement Program
• Updated to conform to Capital Asset policy
Fund Balances
Operating Funds
Fund Balances
All Fund Balances are as of 12/31/2017
Rainy Day Fund $2071648
General Fund 2,035,558
Public Art Fund 251412
Internal Service Fund 2,207
Vehicle Replacement Fund 1,94701 $ 698189626
Fund Balances - continued
All Fund Balances are as of 12/31/2017
Highway User Revenue Fund (HURF)
313851633
393859633
Special Revenue Funds
Special Revenue Fund
-
Court Enhancement Fund
354,789
Environmental Fund
5081663
Cottonwoods Maintenance District
17,739
8819191
Excise Tax Funds
Downtown Strategy Fund
9291283
Economic Development Fund
61,750
Tourism Fund
1081462
1,0999495
Debt Service
General Obligation Debt Service Ft
1,375,391
Eagle Mountain CFD Debt Service
2621069
MPC Debt Service Fund
3711759
2,0099219
Fund Balances - continued
All Fund Balances are as of 12/31/2017
Capital Projects
Development Fees
Capital Projects Fund
Facilities Replacement Fund
Fire & Emergency
Parks & Recreation
Open Space
Grand Total
7,371,890
1,503,912 8,875,802
190,644
559,078
1,588,770 293389492
$ 2593089458
Debt Service
Debt Service
• General Obligation (GO) Bonds
— Backed by full faith, credit and taxing power
— Finances a variety of public projects
— Requires voter approval
— Repayment from secondary property tax revenues
• Municipal Property Corporation (MPC) Bonds
— Backed by excise taxes, including local sales tax, franchise
tax, State -shared sales tax
— Debt issued to purchase municipal facilities and lease to
the Town
— Does not require voter approval
Bond
Type
GO
Outstanding Bonds
at 6/30/2018
Purpose Date of Interest Date of Original Principal
of Issue Bond Issue Rate Maturity Amount
Refunding
Road
GO Construction
Total GO
Principal Outstanding
Amount Retired Principal
6/1/2005 4.00 7/1/2019 $ 7,225,000 $ 6,915,000 $ 310,000
2.00-
12/18/2014 3.00 7/1/2020 7,565,000 4,380,000 3,185, 000
14, 790, 000 11, 295, 000 3,495,000
Rev Refunding 6/4/2015 1.62
Total Rev
GO Eagle Mtn 6/4/2015 1.76
Total GO - Eagle Mtn
7/1/2020 1,880,000 112101000 670,000
1,880,000 1,210,000 670,000
7/1/2021 21 300, 000 1F1201000 1,180, 000
2,300,000 1,120,000 1,180,000
Grand Total $ 18, 970, 000 $ 13, 625, 000 $ 5,345,000
Revenue bonds include Community Center
General Obligation Bonds include Library/Museum, Preserve, and Saguaro
Boulevard reconstruction
Bond Purpose
Type of Issue
GO Refunding
Road
GO Construction
Total GO
Rev Refunding
Total Rev
Outstanding Bonds
- continued - at 6/30/2018
Date of Date of Outstanding
Bond Issue Maturity Principal
6/1/2005 7/1/2019 $ 310,000
12/18/2014 7/1/2020 31185,000
31495f 000
6/4/2015 7/1/2020 670,000
670,000
GO Eagle Mtn 6/4/2015 7/1/2021 111801000
Total GO - Eagle Mtn 11180,000
Debt Service
FY19-20
$ 322,400 $
FY20-21 FY21-22
116491850 11663,450
119721250 11663f450
380,854 304,860
380,854 304,860
405f768 408, 992 407, 040
405f768 408, 992 407, 040
Grand Total $ 5,345,000 $2,758,872 $2,377,302 $407,040
Revenue bonds include Community Center
General Obligation Bonds include Library/Museum, Preserve, and Saguaro
Boulevard reconstruction
Current Year
(2017/2018)
Annual
Budget
15
Current FY17/18 Budget by Core
Services - All Funds
Public Safety
General Government
Administration
Public Works
Development Services
Community Services
Excise Tax Funds -
Downtown/ED/Tourism
Special Revenue Funds
Debt Service
Capital Funds
FY17-18
$ 7,737,459
1,120,879
3,932,366
837,495
1,890,482
2,377,113
509,906
5,965,827
2,906,902
8,019,125
$35,297,554
Revenues
Current Year Revenues - Fiscal YTD Ending December 31 - All Funds
FUND
HURF
Develc
Funds
t Fees
Special Revenue
Excise Tax
Debt Svc MPC
Debt Svc GO
Capital Projects
Grand Total All Funds
M11,
FY16-17
$ 7,119,882
1,489,250
39,711
200,484
215,786
1,005
1,415,397
176,580
$ 1058,095
M-11
FY17-18
$ 7,434,544
1,660,073
473,123
82,811
238,059
1,701
1,413,527
342,171
$ 11164609
YTD
FY17-18
Budget
$ 0741098
1,812,813
82,350
933,627
240,522
420
1,133,640
400,294
$ 13,277,764
% YTD
FY17-18
Budget
85.7%
91.6%
574.5%
8.9%
99.0%
405.0%
124.7%
85.5%
87.7%
Incr/(Decr)
from Prior
Year
4.4%
11.5%
1091.4%
(58.7%)
10.3%
69.3%
(0.1%)
93.8%
9.3%
Expenditures
Current Year Expenditures - Fiscal YTD Ending December 31 - All Funds
FUND
YTD
FY16-17
YTD
FY17-18
YTD
FY17-18
Budget
% YTD
FY17-18
Budget
Incr/(Decr)
from Prior
Year
Operating Funds
$ 7,233,763
$ 7,325,927
$ 8,947,897
81.9%
1.3%
HURF
2,28602
469,530
1,912,813
24.5%
(79.5%)
Development Fees
268
268
301268
0.9%
0.0%
Special Revenue
356,722
218,645
1,070,101
20.4%
(38.7%)
Excise Tax
167,642
221,306
254,953
86.8%
32.0%
Debt Svc MPC
12,340
9,343
1881848
4.9%
(24.3%)
Debt Svc GO
111,753
8403
1126403
6.7%
(24.1%)
Capital Projects
441,199
136,526
31979,295
3.4%
(69.1%)
Grand Total All Funds
$ 10095689
$ 8,466,348
$ 17,648,778
48.0%
(20.2%)
FY 2018-2019
Proposed Budget
Assumptions
• Revenue projections are determined using some trend analyses as well as
estimates of building activity; they are our best guesses for future
revenues
• Little increase in State -shared revenue. Reflects slower increase in State
sales tax as well as no growth in State income tax due to prior tax cuts
which will become effective.
• The existing level of service is maintained
• Building permit activity projected to include permits for Adero Canyon and
Firerock Parcel B
• Additional priority staffing levels will be considered dependent upon
budget availability
• No inflation factor for FY19, 3.0% for FY20, FY21, FY22, & FY23
• Public safety contracts — Rural Metro increase 3.0%; MCSO is 10% for FY18-
19 and then 10% thereafter due to PSPRS costs
• An annual General Fund payment for Community Center was required
beginning in FY16-17.
• The projections do not presume development in the former State Trust
land within the next five years.
FY19 Budget Assumptions
*additional staff is dependent upon budget availability.
FY18-19
FY19-20
FY20-21
FY21-22
FY22-23
New staff
1
MCSO Increase
10.0%
10.0%
10.0%
10.0%
10.0%
Rural Metro Increase
3.0%
3.0%
3.0%
3.0%
3.0%
Inflation
0%
3.0%
3.0%
3.0%
3.0%
Building Permits
84
73
66
68
68
Election Costs
$35,500
$2,000
$41,000
$2,200
$37,000
Community Center debt
payment subsidy
$381,554
$305,560
$0
$0
$0
General Fund
contingency
$200,000
$200,000
$200,000
$200,000
$200,000
*additional staff is dependent upon budget availability.
Variables/Unknowns
• Impact of legislation on construction sales tax
revenue of $736,000
• Impact of PSPRS legal settlements on cost of MCSO
contract
• Future impact on State -shared revenue due to the
Tax Cuts and Jobs Act of 2017 signed by the President
on December 22, 2017
Budget by Core Services -
All Funds
Public Safety
General Government
Administration
Public Works
Development Services
Community Services
Excise Tax Funds -
Downtown/ED/Tourism
Special Revenue Funds
Debt Service
Capital Funds
FY17-18
$ 7,737,459
1,120,879
3,932,366
837,495
1,890,482
2, 3 7 7,113
509,906
5,965,827
2,906,902
8,019,125
$35,297,554
FY18-19
$ 8,121,639
668,998
3,025,245
1,035,730
1,368,166
2,406,334
548,111
7,486,077
2,760,682
4,876,771
$ 32,297,753
Facilities
Replacement
Fund
Facilities Replacement Fund
• 30 year period — 2016 through 2045
• Inflation rate of 3%; interest rate of 1.65%
• Fully funded reserve balance needs
$7,127,225
• Recommended monthly reserve contribution -
$80.1000 or $960,000 annually
• Annual increases of 3% for 10 years followed
by annual increases of 2% for the remaining
20 years
Facilities Replacement Items -
continued
Reserve Study: FY18-19 Items and Incomplete Items from FY17-18
Town Hall
$ 62,237 Interior Painting
$ 95,481 Carpet Replacement
Community Center/Library/Museum
$ 196,690 Exterior Paint
Civic Center Parking Lot Light Painting
Civic Center Shade Canopy Pole Painting
Civic Center Site Wall Painting
Community Center
$ 163,000 Carpet Replacement and Moisture Remediation
Fire Stations
$ 41,200 AED Replacements
$ 35,500 Upper Parking Lot Mill & Overlay
Facilities Replacement Items -
continued
Fountain Park
$ 20,000 Irrigation Pump/Motors - Rebuild
$ 62,400 Benches - Replace
$ 7,000 Fertigation Replacement
$ 11,500 Bench Replacement
G.E. Park
$ 95,400 Backstop Replacement
$ 60,000 Refurbish Irrigation System
Desert Vista Park
$ 13,493 Shade Structures replace
Four Peaks Park
$ 111,395 Refurbish Irrigation System
RECAP
$ 459,713 Total Items Identified for FY18-19
$ 515,583 Total Incomplete Items from FY17-18
$ 975,296 Tota
Five Year
Financial
Forecast
0
$20.0
$15.0
$10.0
$5.0
$0.0
General Fund Projections
FY2019-2023 Projected General Fund
Revenues and Expenditures
FY18-19 FY19-20 FY20-21 FY21-22 FY22-23
OPERATING EXPENDITURES / OPERATING REVENUES
General Fund Projections - continued
FISCAL
STATE
YEAR
SHARED
LOCAL
TOTAL GF
SURPLUS/
(July to June)
REVENUES
REVENUES
EXPEND.
(SHORTFALL)
2018-19
$ 5,344,384
$ 11,180,375
$ 16,524,759
$ -
2019-20
513671832
11,173,654
1619601342
(418,856)
2020-21
5,3911514
11,530,709
171838,131
(915,908)
2021-22
514151433
11,875,208
1804,657
(1,394,016)
2022-23
514391591
124791670
1916821214
(11762,953)
$45
$40
$35
$30
a $25
$20
$15
$10
$5
10 Year Projection
FY17-18 FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY26-27
� Projected expenditures - 10 Year -Projected Revenue - 10 year
31
RECAP — 10 Year Financial Projection
June
Projection
10
year
Operating Revenue
$186.9M
10
year
Projected Revenue
$222.OM
10
year
Operating Expenditures
$191.7M
10
year
Projected Expenditures
$286.5M
10
year
average projected revenue
$22.2M
10
year
average projected expenditure
$28.6M
10 year
deficit
average annual projected
<$6.4M>
General Fund Projections - continued
General Fund Revenues
$20.0
$18.0 $17.3 $17.9
$16.9 $16.5 $16.5 $16.9
$16.0 - $14.7 $15.0
$14.0
$12.0
N
C $10.0
$8.0
$6.0
$4.0 -
$2.0
FY14-15 FY15-16 FY16-17 FY17-18 FY18-19 FY19-20 FY20-21 FY21-22 FY22-23
_ Actual Q Projected
33
General Fund Projections - continued
$25.0 -
$20.0 -
$5.0 -
M
General Fund Expenditures
$13.8
$12.7 $13.0
$19.7
$17.8 $18.7
$16.7 $16.5 $17.0 F---1�� F
FY14-15 FY15-16 FY16-17 FY17-18 FY18-19 FY19-20 FY20-21 FY21-22 FY22-23
_ Actual Projected
34
General Fund Projections - continued
General Fund Local Sales Tax Revenues
$12.0
$10.0 $9.4
$9.8 $10.1
$8.8 $9.1 $9.1
$8.2 $8.3
$8.0 $7.9
U1
$6.0
$4.0
$2.0
FY14-15 FY15-16 FY16-17 FY17-18 FY18-19 FY19-20 FY20-21 FY21-22 FY22-23
® Actual //\ Projected
35
$2.0
$1.8
$1.6
$1.4
$1.2
N $1.0
c
$0.8
$0.6
$0.4
$0.2
HURF Revenues
JOO JO1 JOS JOS JPO J�� J�� J�� JtiOJtih JPO J�� J�� J�� J,yO J�� J��
HURF Revenues - continued
$3,250,000
$2,750,000
$2,250,000
$1,750,000
$4,796
$1,250,000
$750,000
HIGHWAY USER (HURF) REVENUE FUND
$100,000
$100,000 -
$100,000 -
1178 7658 $262.000 $100,000
$18,985 ■
$3,022 146,442 $1,186,567
,
$22,156 X1,107,6 1
$941,364 $1,035,025 $1,070,215
$858,874 $927,440 $1,037,595
$800,475
$250,000 4 � I I �. .
2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
(est.) (est.) (est.) (est.) (est.) (est.)
■ HURF VLT 0 In Lieu
Personnel
• New staff positions under consideration:
— Communications Director
— Dependent upon budget availability
• 45 Full Time Employees/27 Part Time
Employee
• 56.95 Total Full Time Equivalent Employees.
120 11 S
110
100
90
80
70
60
50
40
Personnel - continued
Number of FTE Employees
52 52 54 56 57
FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY19
Delivery of service to the citizens of Fountain Hills is
dependent upon the available funding and the number of
employees and volunteers who can perform the services.
Financial
Challenges
Summary of Financial Challenges
• General Fund revenues are not keeping up with operating
costs
• Fountain Hills will experience a $4.5 million cumulative
revenue shortfall over the next 5 years
• State Shared Revenue is about the same as it was in 2005-
06 ($5.3 million)
• As other cities grow in population, FH's portion of State
Shared Revenues will continue to decline
• Highway User
Revenue
Fees (Gas Tax)
have been climbing
slowly due to
statewide
lower gas tax
revenues, State use
to fund DPS, and more efficient vehicles
Summary of Financial Challenges -
continued
• Town's
local sales tax
is elastic and subject
to fluctuations
• In the
past, the Town
has made significant
cuts in staffing
and has contracted out right-of-way maintenance, park
maintenance, and numerous other services (58% of
General Fund expenditures)
• All of these cost cutting measures served the Town at the
time and have helped to contain costs
• The initial cost savings from contracting out services such
as landscaping and right-of-way maintenance are now gone
• The Town has a structural issue that needs to be addressed
Summary of Financial Challenges -
continued
• The structural issue is a revenue shortfall
• Any future cuts will be drastic and may involve reductions
in services that will negatively impact residents
• Council has taken action to refer a ballot question regarding
a primary property tax to the voters to address the revenue
shortfall issue
• Council feels the primary property tax is the most equitable
method to address the revenue shortfall
Primary Property Tax
• Primary property tax election scheduled for May 15, 2018
Impact of $7.,000,,000 Property Tax (per annum)
Estimated Taxable
Value of Home
(Limited Property
Value — LPV)
Estimated Annual
Primary Property
Tax
Monthly Amount
$150,000
$236.14
$19.68
$250,000
$393.57
$32.80
$350,000
$551.00
$45.92
$450,000
$708.42
$59.04
$550,000
$865.85
$72.15
$750,000
$1,180.70
$98.39
Capital Projects
Status
Capital Projects - Overview
• Capital expenditures are made in five different areas:
Revenue is from Development Impact Fees; 50% of the Construction Sales Tax; any
excess revenue at the end of the year; intergovernmental funds or grant funds.
1. Operational Capital — expenditures of one time nature
2. Vehicle Replacement — expenditures based on a schedule of useful life of
major equipment or vehicles
3. Facilities Replacement— expenditures based on a schedule of facilities
infrastructure's useful life replacement
4. Pavement Management Plan — expenditures based on a planned street
maintenance or replacement program ($2,000,000 annually)
1. Pavement Maintenance Program
2. Pavement Replacement Program
5. Capital Improvement Projects (CIP) — major capital one-time capital
expenditures
FY 17-18 Capital Projects Status
• D6047— Miscellaneous Drainage Improvements ($50,OOOCIP)
— initiated
• E8505 —Downtown Lighting Improvements ($100,000
Downtown Strategy Fund) —completed
• F4005 — Fire Station No. 2 Relocation (Revised Total
$4,058,000; $3,652,694 CIP; $255,306 Development Fees;
Other Sources $150,000) — initiated
• F4030 — Chiller Installation ($50,000 CIP) — completed
•
G3204— Highway Safety Improvement Program —Stop Signs
($46,800 Grant) —deferred to FY18-19
FY 17-18 Capital Projects Status -
continued
• G4101 -Civic Center Bus Stop Improvements ($280,,000 grant)
initiated
• P3025 - Adero Canyon Trailhead (Total $2,382,362; $557,763 CIP;
$1,.824,,599 Development Fees) ,- initiated
• P3030 - Plaza Fountainside Courtyard Area Improvements (Total
$145,000; $125,000 CIP; $20,000 Other) - deferred
• P3033 -Video Surveillance Cameras ($50,000 CIP) -initiated
•
S6003- Unpaved Alley Paving- Phase IV ($255,000 CIP)-
deferred
IP)-
deferred
• S6015 -Fountain Hills Boulevard Widening -Shea Boulevard to
Segundo Drive ($100,000 CIP) -deferred
FY17m18 Capital Projects Status -
continued
• S6053 —Fountain Hills Blvd. Shoulder Paving (Total $550,.000;
$295,000 CIP; $255,000 Grant) —initiated
• S6059 — Wayfinding Signs Design ($100,000 CIP) —initiated
Total
$8,167,168
Vehicle Replacement Fund — two light duty trucks for staff and one
ladder truck for Fire Department
FY 17-18 Capital Projects Funding
CIP Funding Status
CIP Fund Balance at 12/31/2017
Development Fees
Construction Sales Tax
Interest
Reimbursement/Other
Total Available Funds
Less: Projects initiated but not yet complete
D6047 — Misc. Drainage Improvements
F4005 — Fire Station 2 Relocation
$ 7,371,890
1,652,762
214,739
3,514
93,500
$ 9,336,405
50,000
4,058,000
FY17-18 Capital Projects Funding
CIP Funding Status
Less: Projects initiated but not yet complete - Continued
P3025 — Adero Canyon Trailhead
P3033 — Video Surveillance Cameras
S6053 — Fountain Hills Boulevard Shoulder Paving
S6059 — Wayfinding Signs Design
Total Projects initiated but not yet complete
Available CIP Balance
2,382,362
50,000
295,000
100, 000
6,935,362
$ 2,401,043
FY18m19 Capital Projects
• D6047 —Miscellaneous Drainage Improvements ($50,000 CIP)
• D6055 —Drainage —Civic Center Improvements ($50,000 CIP)
• F4029 —Civic Center Improvements ($150,000 CIP)
• F4031—Town Hall Improvements ($116,000 CIP)
• P3033 —Video Surveillance Cameras ($50,000 CIP)
• P3034 —Golden Eagle Concrete Replacement ($50,000 CIP)
• P3035 —Four Peaks Park Playground Upgrades ($100,000 CIP)
• S6003 —Unpaved Alley Paving —Phase IV ($255,000 CIP)
• 56015 —Fountain Hills Boulevard Widening ($100,000 CIP)
• S6051—Avenue of the Fountains/La Montana Intersection
Improvements ($40,,000 CIP)
FY18m19 Capital Projects - continued
• S6058 —Shea Boulevard Widening —(Total $130,000; $40,000 CIP;
$90,000 Grant)
• S6059 — Wayfinding Signs ($150,000 CIP)
• S6060 —Monument Signs ($150,000 CIP)
• S6061—Sidewalk Completion Program ($100,000 CIP)
• Contingency - $38.1990
Total $1,529,990
FY18m19 Capital Projects - continued
Funding Available:
Funding Needed:
CIP
Grants
Total
Remaining CIP Balance
$2,401,043
$1,439,990
90,000
$1,529,990
$961,053
Animal Licenses
FY
No. Issued
Revenue Collected No. of Employees
17-18
2,996
$ 41,832 1 Full Time; 3 Part Time Full time - 20%; Part time 30%-40%
16-17
2,805
$ 39,163
15-16
2,829
$ 40,247
14-15
2,894
$ 41,261
13-14
2,996
$ 44,426
ANNUAL COMMERCIAL FIRE INSPECTION SAFETY FEES
average time needed 1 Accountant - 40 hours annually
FY2012
FY2013
FY2014
FY2015
FY2016
FY2017
STATEMENTS
181
190
163
219
125
170
INSPECTIONS
352
383
301
318
238
309
TOTAL BILLED
$ 5,320.00
$ 5,745.00
$ 4,515.00
$ 4,770.00
$ 3,570.00
$ 4,635.00
UNPAID
$ 15.00
$ 75.00
$ 150.00
$ 105.00
$ 150.00
$ 615.00
average time needed 1 Accountant - 40 hours annually
Memorial Bench Program:
History:
Current:
36 benches throughout Fountain Park
Park Benches installed in Fountain Park 2001-2003
As benches wore out (rusted) they were pulled and replaced by staff and costs were
absorbed by the Town budget.
How many have been replaced since original install??
Fifteen of the current benches need replacing. An additional 10 have already been
removed for safety reasons totaling 25 benches that need immediate attention.
The remaining 11 benches are less than standard and show signs of heavy oxidation.
A newer, more resistant bench is recommended to increase longevity and withstand the
desert environment and high salt content within the irrigation water.
Issue/Staff suggestions:
New Bench:
During the original sponsorship campaign, communication was unclear that benches
have a life expectancy and the dedication would only last for the lifetime of the bench.
No ongoing resources have been budgeted to maintain the benches if we are to uphold
the original donors commitment.
New campaign will allow original donors first right of refusal to re -purchase a memorial
bench.
When a bench has reached its usefulness, the donors will be contacted and give first
right of refusal to replace and rededicate the bench.
Once bench is received, it becomes the property of the Town and the Town has full right
to relocate, or change it in any way.
A list of donors, current and previous, will be maintained on the Town website as an
ongoing memoriam.
Cost is $1,800 per bench, shipping and installation included
Currently used in Phoenix area with good durability
Able to replace per slat if damaged or vandalized
Stainless steel base will be more resistance to rusting/ corrosion.
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he Town of Fountain
Hills, Community
Services Department, would
like to thanks you for your
ktind contribution to our
Memorial Bench Program.
This program not only
enriches Fountain Parka and
our community but also
allows you to enjoy the
memory of a loved one for
years to come.
The Town of Fountain Hills, Community
Services Department, offers you a very
thoughtful way to honor a loved one while at
the same time making an extremely
meaningful contribution to our community.
Through the Memorial Bench Program you
have an opportunity to dedicate a bench and
plaque in Fountain Park?.
Wood Pattern Slat Bench —
$1,800.00
The six foot cedar colored bench is made with
purified high density polyethylene smoothly
finished 3x4 patterned recycled wood slats.
The frame is constructed from mild steel
seamless tubing and thick mild steel plate
Plaque — $200.00
A lovely 4" x 8" bronze plaque with an
inscription of your choice up to 25 characters.
Additional characters are $1.00 per character.
Plaques can only be purchased in conjunction
with a bench.
How to Participate:
Please complete this form and mail it to or
bring it with a credit card or check payable
to:
Town of Fountain Hills
Attn: Memorial Bench Program
Community Services Department
Attention: Jennifer Lyons
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
Should you have any further questions about
this program please call (480) 816-5148
or e-mail JLyons@fh.az.gov
When the lifespan of the bench has been
reached and requires replacement, the donor
will have the opportunity to replace the
bench. If the donor chooses not to replace the
bench, it will be made available for a new
donor.
I wish to participate in the Town of
Fountain Hills Memorial Bench Program.
My check in the amount of $
is enclosed
In memory of:
Name:
Donated by:
Name:
Address:
City, State, & Zip:
Phone:
Email:
Plaque inscription:
RESOLUTION NO. 2014-09
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE TOWN OF FOUNTAIN
HILLS, ARIZONA TOWN COUNCIL RULES OF PROCEDURE, AMENDED
AND RESTATED FEBRUARY 6, 2014.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. The Town of Fountain Hills, Arizona, Town Council Rules of Procedure,
Amended and Restated February 6, 2014, are hereby approved in substantially the form attached
hereto as Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and 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 6, 2014.
FOR THE TOWN OF FOUNTAIN HILLS:
W4fw as-���t
REVIEWED BY:
ie'„ �.ztL Li nu a
Kenneth W. Buchanan, Town Manager
2105598.1
ATTESTED TO:
AS TO FORM:
r
Town
EXHIBIT A
TO
RESOLUTION NO. 2014-09
[Town Council Rules of Procedure, Amended and Restated February 6, 2014]
See following pages.
2105598.1
TOWN OF FOUNTAIN HILLS, ARIZONA
TOWN COUNCIL
RULES OF PROCEDURE
AMENDED AND RESTATED
FEBRUARY 6, 2014
2105594.1
TABLE OF CONTENTS
SECTION 1. RULES OF PROCEDURE/AUTHORITY..........................................................1
1.1
PROCEDURES.....................................................................................................1
1.2
PRESIDING OFFICER........................................................................................1
1.3
PARLIAMENTARIAN........................................................................................1
1.4
SUSPENSION OF THE RULES..........................................................................1
SECTION 2. DEFINITIONS.......................................................................................................2
EXECUTIVE SESSIONS.....................................................................................4
2.1
AGENDA..............................................................................................................2
EMERGENCY MEETINGS................................................................................4
2.2
AGENDA PACKET.............................................................................................2
MEETINGS TO BE PUBLIC...............................................................................5
2.3
CONSENT AGENDA..........................................................................................2
MINUTES OF MEETINGS.................................................................................5
2.4
COUNCIL.............................................................................................................2
2.5
COUNCIL RULES...............................................................................................2
2.6
MEETING.............................................................................................................2
2.7
NEWSPAPER.......................................................................................................3
2.8
NOTICE................................................................................................................3
5.1
2.9
QUORUM.............................................................................................................3
5.2
2.10
TOWN...................................................................................................................3
5.3
SECTION3. MEETINGS............................................................................................................3
3.1
REGULAR MEETINGS......................................................................................3
3.2
ADJOURNED MEETINGS.................................................................................4
3.3
SPECIAL MEETINGS.........................................................................................4
3.4
WORK SESSIONS...............................................................................................4
3.5
EXECUTIVE SESSIONS.....................................................................................4
3.6
EMERGENCY MEETINGS................................................................................4
3.7
MEETINGS TO BE PUBLIC...............................................................................5
3.8
MINUTES OF MEETINGS.................................................................................5
SECTION 4. NOTICE AND AGENDA......................................................................................6
4.1
POSTING NOTICES............................................................................................6
4.2
AGENDA PREPARATION.................................................................................6
4.3
DISTRIBUTION OF NOTICES AND AGENDAS.............................................8
SECTION 5. ORDER OF BUSINESS........................................................................................9
5.1
ORDER OF BUSINESS.......................................................................................9
5.2
REGULAR MEETINGS......................................................................................9
5.3
SPECIAL MEETINGS.......................................................................................14
5.4
WORK SESSION MEETINGS..........................................................................15
i
2105594.1
SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING................................15
6.1
CALL TO ORDER.............................................................................................15
6.2
PARTICIPATION OF PRESIDING OFFICER.................................................15
6.3
QUESTION TO BE STATED............................................................................16
6.4
RULES/DECORUM/ORDER............................................................................16
6.5
TELECONFERENCE PROCEDURE................................................................17
6.6
ADDRESSING THE COUNCIL........................................................................17
SECTION 7. CONFLICT OF INTEREST...............................................................................21
7.1
INTRODUCTION..............................................................................................21
7.2
PURPOSE OF CONFLICT OF INTEREST LAWS..........................................21
7.3
APPLICABILITY OF THE ARIZONA CONFLICT OF
INTEREST LAW................................................................................................21
7.4
DISCLOSURE OF INTEREST..........................................................................21
7.5
WITHDRAWAL FROM PARTICIPATION.....................................................21
7.6
RULE OF IMPOSSIBILITY..............................................................................21
7.7
IMPROPER USE OF OFFICE FOR PERSONAL GAIN..................................22
7.8
SANCTIONS FOR VIOLATIONS....................................................................22
7.9
NON -STATUTORY CONFLICTS OF INTEREST..........................................22
SECTION 8. CODE OF ETHICS.............................................................................................22
8.1
OBEY LAWS.....................................................................................................22
8.2
DEMOCRATIC LOCAL GOVERNMENT/LEADERSHIP .............................22
8.3
SERVICES..........................................................................................................23
8.4
RELATIONSHIPS..............................................................................................23
8.5
FUNCTION OF LOCAL GOVERNMENT.......................................................23
8.6
SERVICE TO THE COMMUNITY...................................................................23
8.7
PERSONAL BENEFIT/PROFIT........................................................................23
8.8
FAIR CONDUCT...............................................................................................24
8.9
PROMOTE UNDERSTANDING/RESPECT/TRUST......................................24
SECTION 9. BOARDS, COMMISSIONS AND COMMITTEES.........................................24
9.1
REGULARLY SCHEDULED OR UNSCHEDULED......................................24
9.2
SELECTION.......................................................................................................25
9.3
RECOMMENDATION......................................................................................28
9.4
QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR
APPOINTED OFFICERS AS MEMBERS........................................................28
9.5
TERMS, VACANCIES, REMOVAL.................................................................29
9.6
APPLICABILITY OF THE ARIZONA OPEN MEETING LAW ....................30
9.7
RESIDENCY REQUIREMENTS......................................................................30
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SECTION 1. RULES OF PROCEDURE/AUTHORITY
1.1 PROCEDURES
The following are the basis for and are used in conjunction with these basic Rules of Procedure
for meetings of the Council, Boards, Commissions and Committees:
A. State Law
B. Town Code, including these Council Rules
C. Parliamentary Procedure at a Glance, New Edition, by O. Garfield Jones
D. Roberts Rules of Order, 10th edition, as amended
In case of inconsistency, conflict, or ambiguity among the documents listed above, such
documents shall govern in the order in which they are listed.
1.2 PRESIDING OFFICER
As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice -Mayor, is the
Presiding Officer of all Meetings of the Council. In the absence or disability of both the Mayor
and the Vice -Mayor, the Meeting shall be called to order by the Town Clerk, whereupon, the
Town Clerk shall immediately call for the selection of a temporary Presiding Officer. If a
majority of the Councilmembers present are unable to agree on a Presiding Officer for the
meeting, the meeting shall automatically be adjourned and all agenda items shall be carried over
to the next regular Council Meeting.
1.3 PARLIAMENTARIAN
The Town Attorney shall serve as Parliamentarian for all Meetings. The Town Clerk shall act as
Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as
Parliamentarian in the absence of both the Town Attorney and Town Clerk.
1.4 SUSPENSION OF THE RULES
The Council, by a three-quarter vote of all members present, may suspend strict observance of
these Council Rules or other policies and procedures for the timely and orderly progression of
the Meeting; provided, however, that a simple majority of the Council may cause a change in the
order of items on the Agenda.
2105594.1
SECTION 2. DEFINITIONS
2.1 AGENDA
As set forth in the Order of Business, an Agenda is a formal listing of items to be considered by
(i) the Council at a noticed meeting of the Council or (ii) the applicable Board, Commission or
Committee at a noticed meeting of that body. The content of the Agenda may not be changed
less than 72 hours prior to the public meeting, except in exceptional circumstances, but in no
event shall the Agenda be altered less than 24 hours prior to the public meeting, unless otherwise
authorized by State law.
2.2 AGENDA PACKET
A compilation of documents supporting the items listed on the Agenda and requiring Council
consideration or action, which may be used by Council, staff and the public for more in-depth
information than may be presented in an oral report. The Agenda Packet is organized as set forth
in the Order of Business in Section 5 below and is made available electronically to the Council
or to any citizen on the Town's website: www.fh.az.gov by 6:00 p.m. the Thursday prior to the
date of the meeting.
2.3 CONSENT AGENDA
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 Agenda 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 by notifying the Town Manager prior to the date of the meeting. The item
will be removed from the Consent Agenda and considered in its normal sequence on the Agenda.
2.4 COUNCIL
Collectively, the Mayor and Common Council of the Town of Fountain Hills.
2.5 COUNCIL RULES
These Town of Fountain Hills, Arizona, Town Council Rules of Procedure.
2.6 MEETING
The gathering, in person or by technological devices, of a quorum of the Council, Boards,
Commissions or Committees, at which the Councilmembers, Board members, Commissioners, or
Committee members discuss, propose or take legal action, including any deliberations by a
quorum with respect to such action. If a quorum is not present, those in attendance will be
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named for the record by the Town Clerk or the staff liaison for a Board, Commission or
Committee.
2.7 NEWSPAPER
A daily or weekly paid publication of general circulation within the Town of Fountain Hills,
Arizona.
2.8 NOTICE
A formal announcement to the public that sets the date, time and the place at which a Meeting
will be held. Such notice of Meetings shall be in accordance with the State law, the Town Code
and these Council Rules.
2.9 QUORUM
The minimum number of Members of the Council, Board, Commission, or Committee that must
be present in order for business to be legally transacted. With a seven -member body, a quorum
is four Members, unless otherwise specifically authorized by State law.
2.10 TOWN
The Town of Fountain Hills, an Arizona municipal corporation.
SECTION 3. MEETINGS
td V_19C11- 0WV7uIDISI ICKi
A. Regular Meeting Date; Time. The Council shall hold regular Meetings on the
first and third Thursday of each month at 6:30 p.m. When deemed appropriate,
any regular Meeting date of the Council may be changed or cancelled by a
majority of the Council. Notice of the rescheduled or cancelled meeting shall be
given to the public as is reasonable and practicable under the circumstances. All
regular Meetings shall be held at the Town Hall Council Chambers or at such
place as may be prescribed by the Mayor or the Town Manager. The Council
may provide for a "Call to the Public" at such regular Meetings.
B. Holidays. When the day for a regular Meeting of the Council falls on a legal
holiday, no Meeting shall be held on such holiday, but such Meeting shall be held
at the same time and the same location on the day designated by the Council that
is not a holiday, unless the meeting is otherwise cancelled by the Council.
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3.2 ADJOURNED MEETINGS
Any Meeting may be adjourned to a time, place and date certain, but not beyond the next regular
Council Meeting. Once adjourned, the Meeting may not be reconvened except at the time, date
and place provided for in the motion to adjourn.
3.3 SPECIAL MEETINGS
The Mayor, the Town Manager, or the Town Clerk (upon the written request of three
Councilmembers), may convene the Council at any time after giving at least 24 hours' notice of
such Meeting to members of the Council and the general public. The notice shall include the
date, place, hour and purpose of such special Meeting. In the case of an actual emergency, a
Meeting may be held upon such notice as is appropriate to the circumstances.
3.4 WORK SESSIONS
A. How Convened; When Convened; Notice. The Mayor or the Town Manager (at
his own discretion or upon the written request of three Councilmembers) may
convene the Council in a Work Session at any time after giving notice at least 24
hours in advance of such Meeting to members of the Council and the general
public. The notice shall include the date, place, hour and purpose of such special
Meeting.
B. Purpose. Work sessions are held for the purpose of presentations and discussions
on such issues that require more in-depth consideration of the Council than may
be possible at a regular Meeting. No formal action of the Council may be taken at
such Meetings, other than general consensus or conveying direction to staff for
further action. These Meetings shall not provide for a "Call to the Public."
3.5 EXECUTIVE SESSIONS
Subject to applicable State law, the Council may hold such closed executive sessions as
necessary to conduct the business of the Town.
3.6 EMERGENCY MEETINGS
As provided for by State law, the Mayor and Council or the Town Manager may call a special
emergency Meeting to discuss or take action on an unforeseen issue where time is of the essence
and sufficient time does not provide for the posting of a Meeting notice 24 hours or more before
the Meeting. Notice of an emergency Meeting of the Council will be posted within 24 hours
following the holding of an emergency Meeting. The notice will include the emergency
Meeting's Agenda and a brief but complete description of the nature of the emergency.
Emergency Meetings shall not provide for a "Call to the Public."
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3.7 MEETINGS TO BE PUBLIC
A. Open to Public. With exception of executive sessions, all regular, special and
work session Meetings of the Council, Boards, Commissions, and Committees
shall be open to the public.
B. Public Comment. Public comment (Call to the public) is not taken at work
sessions, emergency Meetings or at special Meetings, unless the special Meeting
is held in place of a regular Meeting, or unless the special Meeting includes a
public hearing on the Agenda.
3.8 MINUTES OF MEETINGS
A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special,
work session, emergency and executive session Meetings of the Council for the
purpose of taking notes and/or audio recordation of the Meeting. The Town staff
liaison to each Board, Commission or Committee shall ensure staff attendance at
all Meetings for the purpose of taking notes and/or audio recordings of the
Meetings.
B. Recordings; written minutes. To the extent possible, all open, public Meetings
shall be recorded by means of audio or video technology. In addition, written
minutes reflecting legislative intent shall be taken so that an accounting of the
issues discussed and actions taken is compiled and entered into the permanent
Minute Book of the Town and kept on file and of record in the Office of the Town
Clerk. Audio or video recordings of Meetings will be retained for a period of
time in accordance with the current Town of Fountain Hills and/or State of
Arizona approved records retention and disposition schedules. Minutes shall
identify speakers by name and shall indicate whether they are Fountain Hills
residents, and whether they support or oppose the proposed action (i.e. "for" or
"against") along with a summary of the speakers' verbal comments provided at
the meeting.
C. Availability. All Meeting minutes of the Council, Boards, Commissions, and
Committees are deemed to be public records, with the exception of executive
session minutes, which, while they fall under the definition of and are considered
public records by State law, are deemed confidential and are only available under
limited conditions or by Court Order. Transcribed minutes, or the audio or video
recordings of all open Meetings of the Council, Boards, Commissions, and
Committees must be available for public review by 5:00 p.m. on the third working
day following each Meeting, or as provided by State law. The Town Clerk or
designee shall ensure that the Minutes of all regular, special and work-study
Meetings of the Council, Boards, Commissions, and Committees are made
available through the Town's Web Site, www.fh.az.gov within two working days
following their approval, or as provided by State law.
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D. Executive Sessions. Minutes of executive sessions (1) shall be confidential,
(2) are maintained and secured by the Town Clerk and (3) may be accessed only
as provided by State law.
E. Approval. Minutes of all Meetings of the Council (other than Executive Sessions)
may be approved under the consent agenda, unless removed for discussion and
separate action.
SECTION 4. NOTICE AND AGENDA
4.1 POSTING NOTICES
A. Time. The Town Clerk, or authorized designee, shall prepare all public Meeting
notices of the Council, and shall ensure posting of the Meeting notices no less
than 24 hours before the date and time set for said Meetings in accordance with
State law. The staff liaison to each Board, Commission or Committee shall
ensure that agendas are posted in the same manner as for the Council.
B. Locations. Meeting notices shall be posted at a minimum of three locations
within the Town, including the Community Center, Town Hall and the Town's
website [www.fh.az.gov].
4.2 AGENDA PREPARATION
A. Availability. The Town Manager, or authorized designee, shall prepare the
Agendas for all Meetings of the Council as set forth below. Agendas of all
Meetings of the Council shall generally be available to the public no less than 72
hours prior to said Meetings, except in exceptional circumstances. In no event
shall the Agenda be made available less than 24 hours prior to said Meeting.
Agendas and Agenda packet materials are made available through the Town's
web site. The staff liaison to each Board, Commission or Committee shall ensure
that the agenda is available in the same manner as required for the Council.
B. Submittal Process. Items may be placed on the Council Agenda for discussion
and possible action by the following process (the Agenda process for Boards,
Commissions or Committees shall be as determined by the applicable Department
Head which shall be substantially the same as the Council agenda submittal
process):
1. All Departments: Preparation of the Agenda Action form with signatures
of the department director and staff (including all attachments) provided to
the Town Clerk for submittal to the Town Manager not later than two
business days prior to Agenda Packet preparation day (the Thursday prior
to Meeting date). Town Manager approves/amends items and signs off,
finalizing the item for inclusion in the Agenda Packet.
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2. Mayor and Councilmembers: The Mayor or three Councilmembers may
direct the Town Manager through a written request to place an item on an
Agenda for action. Any Councilmember may direct the Town Manager to
place an item on a future Agenda during the "Council
Discussion/Direction to Town Manager" portion of a Meeting for
discussion relating only to the propriety of (i) placing such item on a
future Agenda for action or (ii) directing staff to conduct further research
and report back to the Council.
3. Town Manager and Town Attorney: The Town Manager or Town
Attorney may place an item on the Agenda by including appropriate
documentation.
4. Citizen or Group: A citizen or group may apply to have an item placed on
the Agenda as follows:
a. Obtain a "Scheduled Public Appearance/Presentation" form from
the Town Clerk and, when completed, return it to the Town Clerk
for submission to the Town Manager.
b. The Town Manager or authorized designee shall research the issue
to determine if it may be handled administratively or will require
Council discussion. If it is determined that the matter should be
placed before the Council, the Town Manager shall ensure that
documentation, if any, is compiled and the material included in the
Agenda Packet. If the Town Manager determines that the subject
should not be placed on the Agenda, an individual wishing to have
an item on the Agenda as a "Scheduled Public Appearance" may
(i) ask that the request be forwarded to the Mayor for consideration
or (ii) obtain the written request of three members of the Council to
place the item on the Agenda, and submit that request to the Town
Manager.
C. The Town Manager may postpone the requested
appearance/presentation date, if additional staff time is needed to
research a proposed Agenda item.
C. Time Lines for Submission of Items.
I. Agenda items shall be submitted to the Town Manager by 2:00 p.m., not
less than nine calendar days prior to regular and special Meetings to
ensure timely delivery to Councilmembers.
2. Agenda items for Work -Study Meetings shall be submitted to the Town
Manager by 2:00 p.m., not less than seven calendar days prior to the
meeting to ensure timely delivery to Councilmembers.
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3. The Town Manager may approve exceptions to the schedule above in
order to ensure that the distribution of all Agenda Packets to the Council is
in conformance with these Council Rules.
4. Any requests requiring audio/visual support must be submitted to the
Town Clerk for coordination with the information and technology division
a minimum of 48 hours prior to the Meeting to ensure proper coordination
and preparation. Department directors are responsible for obtaining
presentation materials from applicants or presenters involved in their
respective Agenda items.
D. Agenda Item Submittals for Council Executive Sessions. Items may be placed on
the Agenda for Council executive session discussion (if in compliance with the
Town Code and applicable State Statutes) by the following process:
1. Submission by a Councilmember, the Town Manager or the Town
Attorney (with notice to all Councilmembers).
2. Submission by the Mayor (with notice to all Councilmembers).
3. The Town Manager and the Town Attorney shall review the submittal for
executive session discussion, prior to placement on the Agenda, to ensure
that the item is the proper subject of an executive session pursuant to State
law.
4. The Town Attorney shall advise the Town Clerk regarding the appropriate
Agenda language of executive session items.
E. Agenda Packets. Full Agenda Packets for all noticed Meetings (except executive
session documentation) of the Council shall be made available to
Councilmembers electronically, generally seven days before Regular Meetings
and five days before Work -Study Meetings; provided, however, that Agenda
Packets may be supplemented later under special circumstances so long as no
Agenda Packet material is made available less than 72 hours prior to the Meeting,
except in the case of exceptional circumstances or an emergency Meeting.
F. Removal Requests. Requests to remove items from the Consent Agenda
occurring after the 72 hour posting deadline will be announced by the Mayor at
the beginning of the meeting at which the item was scheduled. The posted
Agenda will remain unchanged.
4.3 DISTRIBUTION OF NOTICES AND AGENDAS
A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies
of all Meeting notices and Agendas and any documentation provided for said
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Meeting electronically, not less than 72 hours prior to the Meeting, unless
exceptional circumstances require a later delivery.
B. Distribution. The Town Clerk shall ensure that the Meeting notices, Agendas and
packet documentation, as deemed necessary, are posted to the Town's website:
www.fh.az.gov and made available to the Mayor and Council, the public, Town
Manager, Town Attorney, and staff electronically by 6:00 p.m. on the Thursday
prior to the date of the meeting.
C. Amendments. A posted Agenda may be amended up to 72 hours prior to such
meeting. In exceptional circumstances, such Agenda may be amended up to, but
not less than, 24 hours prior to the designated Meeting, unless otherwise
authorized by State Law. Amended Agendas shall indicate the date amended.
SECTION 5. ORDER OF BUSINESS
5.1 ORDER OF BUSINESS
The Order of Business of each Meeting shall be as contained in the Agenda. The Agenda shall
be a sequentially numbered listing by topic and a brief description of business items that shall be
taken up for consideration.
5.2 REGULAR MEETINGS
The Agenda shall be prepared in the following order:
AGENDA
Call To Order & Pledge Of Allegiance
Invocation/Moment of Reflection
Roll Call
Mayor's Report (including proclamations)
Scheduled Public Appearances/Presentations (if any)
Call to the Public (Non -agenda items) (preceded by the following paragraph)
Pursuant to ARiz. REv. STAT. § 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
the matter or (iii) ask that the matter be placed on a future Council agenda.
Consent Agenda (preceded by the following explanatory paragraph)
All items listed 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
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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 item will be removed from the
Consent Agenda and considered in its normal sequence on the Agenda.
Action Items (grouped by subject to the extent possible)
Council Discussion/Direction to Town Manager (Items for future Agendas)
Summary of Council Requests and Report on Recent Activities by the Mayor,
Individual Councilmembers and the Town Manager
Adjournment
All Agendas shall have the following statement placed at the bottom:
The Town of Fountain Hills endeavors to make all public Meetings accessible to persons
with disabilities. Please call 837-2003 (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.
A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment
of Reflection or Invocation and before proceeding with the business of the
Council, the Presiding Officer shall direct the Town Clerk or authorized designee
to call the Roll, and the names of Councilmembers both present and absent shall
be entered into the minutes. The order of roll call shall be: Mayor, Vice Mayor
and then Councilmembers from the Mayor's far right to the Mayor's far left.
B. Mayor's Report. The Mayor may use "Mayor's Report" to read proclamations or
conduct other ceremonial matters as listed on the posted Agenda.
C. Scheduled Public Appearances/Presentations. The process set forth in
Subsection 4.2(B)(4) above applies to members of the public or groups wishing to
place an item on the Agenda under "Scheduled Public
Appearances/Presentations". If the request is approved by the Town Manager, the
item will appear on the agenda. The Town Manager shall endeavor to limit the
total time for such presentations to ten minutes individually and 30 minutes
collectively per Council meeting. Councilmembers may use "Scheduled Public
Appearances/Presentations" section to provide an update of official activities, as
listed on the posted Agenda.
D. Call to the Public.
All citizens and interested parties will be limited to a maximum of three
minutes to address the Council on a non -Agenda item.
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2. All citizens and interested parties wishing to speak before the Council shall
fully complete a speaker's request form. Speaker Cards submitted by those
who indicate they will not speak will be grouped together in the order in
which the cards were received and by the categories of "for" and "against"
relating to the item indicated on the Speaker Card. The Town Clerk will
announce the number of cards received, if any, and number received per
category.
3. At the conclusion of each citizen's comments, the Presiding Officer may
take any or all of the following actions:
a. Thank speaker for addressing issue.
b. Ask staff to review matter.
C. Ask that a matter be put on a future Agenda.
d. Permit individual Councilmembers to respond to criticism raised
during the Call to the Public.
4. At the discretion of the Presiding Officer light and/or sound signals may
be used to indicate the commencement of the time for speaking and a
warning light may flash to show that the appropriate time has passed. A
red light will signal that there is no longer any remaining time.
E. Consent A _ eg nda.
1. The Consent Agenda includes items that are of such a nature that
discussion is not required, or issues that have been previously studied by
the Council. These items may be adopted by one motion and a roll call
vote.
2. There is no detailed discussion on items listed under the Consent Agenda,
unless a member of the Council or any member of the public in attendance
at the Meeting requests that an item or items be removed for discussion.
Councilmembers or the public may not ask a question without removal of
the item from the Consent Agenda.
3. Items removed from the Consent Agenda are considered in their normal
sequence as listed on the Agenda, unless called out of sequence as
provided under Section 1.4 (Suspension of the Rules) above.
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F. Action Items.
1. At the time each business item is presented to the Council, the Town staff
shall present a report on the subject and the applicant, if any, may also
speak. The Mayor or the Town Clerk, or authorized designee, will then
call the speaker cards of those citizens desiring input and comments. All
citizens and interested parties wishing to speak before the Council shall
fully complete speaker request forms and submit the forms to the Town
Clerk, or authorized designee, prior to Council discussion of that Agenda
item. Sufficient speaker request forms shall be located in the Council
Chamber's Lobby (the public entry area into the Chamber) and at the
Town Clerk's position on the dais. Completed speaker request forms will
be retained by the Town Clerk until the draft minutes are approved by the
Council at a subsequent meeting. Speakers' names and comments will be
summarized and included in the meeting minutes. Speakers will be called
in the order in which the speaker cards were received. If a speaker
chooses not to speak when called, such speaker will be deemed to have
waived his/her opportunity to speak on that matter.
2. Those speaking before Council will be allowed three contiguous minutes
to address Council, but time limits may be waived by (a) discretion of the
Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (b) consensus of the Council at a Meeting or (c) the Mayor
either prior to or during a Meeting. Speakers may not (a) reserve a portion
of their time for a later time or (b) transfer any portion of their time to
another speaker.
3. The purpose of all public comments is to provide information and the
speaker's views for Council consideration. It is not appropriate for the
speakers to question directly, or debate the matter under consideration
with staff, other speakers, the audience or Councilmembers; all remarks
will be addressed to the Presiding Officer and not to individual
Councilmembers. All comments shall be addressed through the Presiding
Officer who shall decide if any response is warranted and who, if anyone,
shall address the concern. Councilmembers may request, upon
recognition by the Presiding Officer, clarification of comments or
materials presented by the speakers, any applicant's representatives or
Town staff; provided, however, that no Councilmember shall engage in
debate directly with such speakers, representatives or Town staff.
4. Proper decorum, in accordance with Section 6.4 below, must be observed
by Councilmembers, by speakers in providing testimony and remarks and
by the audience. In order to conduct an orderly business Meeting, the
Presiding Officer shall keep control of the Meeting and shall require the
speakers and audience to refrain from abusive or profane remarks,
disruptive outbursts, applause, protests or other conduct that disrupts or
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interferes with the orderly conduct of the business of the Meeting.
Personal attacks on Councilmembers, Town staff or members of the public
are not allowed.
5. Generally, Agenda items requiring public hearings, other than those of a
quasi-judicial nature, shall be conducted in the following order:
a. The Presiding Officer will announce the matter that is set forth for
a public hearing and, if appropriate, ask the staff to provide a
report of the matter.
b. The Presiding Officer will then ask the applicant to speak
regarding the matter.
C. At the conclusion of the staff report and/or presentation by the
applicant, the Presiding Officer will open the public hearing for
comments from the public.
d. After all public comments are heard, the Presiding Officer will
close the public hearing, and may ask staff or the applicant to
respond to the comments.
e. The Presiding Officer may then call for a motion and second, if
applicable, and ask if Council wishes to discuss the issue. Council
may then proceed to discuss the matter.
f. Upon the conclusion of Council comment, the Presiding Officer
will call for action on the motion.
g. Exhibits, letters, petitions, and other documentary items presented
or shown to the Council on a public hearing item become part of
the record of the public hearing and shall be maintained by the
Town Clerk.
h. Ten collated sets of written or graphic materials should be
provided by the speaker to the Town Clerk prior to the
commencement of the hearing to allow for distribution to the
Council, key Town staff and the Town Clerk for inclusion in the
public record. Reduced copies (8 1/2" X 11") of large graphic
exhibits should be provided as part of the sets of materials for
distribution as provided above. The appropriate staff member shall
be responsible to notify applicants of this requirement.
6. Questions or comments from the public shall be limited to the subject
under consideration. Depending upon the extent of the Agenda and the
number of persons desiring to speak on an issue, the Presiding Officer
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may, at the beginning of the Agenda item, limit repetitive testimony, but
in no event to less than three minutes per topic. Upon approval of (a) the
Presiding Officer or (b) a majority of the Council, persons may be allowed
to speak longer than three minutes. Councilmembers may ask the
individual speaker questions through the Presiding Officer.
7. Quasi-judicial hearings shall be conducted in accordance with the
principles of due process, and the Town Attorney shall advise the Council
in this regard.
G. Council Discussion/Direction to Town Manager. The Council may (1) give
direction to the Town Manager to follow-up on matters presented at that Meeting,
(2) to bring an item before the Council on a future Agenda for discussion and
possible action, or (3) direct staff to conduct further research and report back to
the Council.
H. Summary of Council Requests and Report on Recent Activities by the Maw
Individual Councilmembers and the Town Manager. At the conclusion of the
Council Discussion/Direction to Town Manager, the Town Manager shall review
with the Council all matters raised at that Meeting requiring follow-up from the
Town Manager or Town staff. The Town Manager may also suggest timelines for
such follow-up. The Mayor, individual Councilmembers and the Town Manager
may present a brief summary on current events and/or activities. The Arizona
open meeting law does not allow discussion or action on any matter mentioned
during this summary.
I. Adjournment. The open, public Meetings of the Council may be adjourned by
consensus of the Council.
5.3 SPECIAL MEETINGS
A. As Substitute for Regular Meeting. If a Special Meeting is being held as an
extension of or in place of a Regular Meeting, the Agenda shall be as set forth for
a Regular Meeting.
B. Generally. For all other Special Meetings, the Agenda shall be prepared in the
following order:
AGENDA
Call To Order
Roll Call
Consent Agenda (if needed — explanatory paragraph same as regular Meeting)
Action Items (grouped by subject to the extent possible)
Adjournment
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5.4 WORK SESSION MEETINGS
The primary purpose of work session Meetings is to provide the Council with the opportunity for
in-depth discussion and study of specific subjects. Public comment is not provided for on the
Agenda and may be made only as approved by consensus of the Council. In appropriate
circumstances, a brief presentation may be permitted by a member of the public or another
interested party on an Agenda item if invited by the Mayor and Council to do so. The Presiding
Officer may limit or end the time for such presentations.
The work session Agenda shall be prepared in the following order:
Call To Order
Roll Call
Work Session Statement (explanatory statement)
All Items Listed Are For Discussion Only. No Action Can Or Will Be Taken.
The primary purpose of work session Meetings is to provide the Council with the
opportunity for in-depth discussion and study of specific subjects. Public
comment is not provided for on the Agenda and may be made only as approved
by consensus of the Council. In appropriate circumstances, a brief presentation
may be permitted by a member of the public or another interested party on an
Agenda item if invited by the Mayor or the Town Manager to do so. The
Presiding Officer may limit or end the time for such presentations.
Agenda Items For Discussion (Items Numbered For Order)
Adjournment
SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING
6.1 CALL TO ORDER
A Meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in
his/her absence, by the Vice -Mayor). In the absence of both the Mayor and Vice -Mayor, the
Meeting shall be called to order by the Town Clerk, who shall immediately call for the selection
of a temporary Presiding Officer.
6.2 PARTICIPATION OF PRESIDING OFFICER
The Presiding Officer may debate from the Chair, subject only to such limitations of debate as
are imposed on all Councilmembers, and he/she shall not be deprived of any of the rights and
privileges of a Councilmember by reason of his/her acting as Presiding Officer. However, the
Presiding Officer is primarily responsible for the conduct of the Meeting.
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6.3 QUESTION TO BE STATED
The Presiding Officer shall verbally restate, or shall ask the Town Clerk to verbally restate, each
question immediately prior to calling for discussion and the vote. Following the vote, the
Presiding Officer shall ask the Town Clerk or authorized designee to verbally announce the
results of voting, including the ayes, nays and abstentions. The Presiding Officer shall publicly
state the effect of the vote for the benefit of the audience before proceeding to the next item of
business. Formal votes shall not be taken at work sessions or executive sessions.
6.4 RULES/DECORUM/ORDER
A. Points of Order. The Presiding Officer shall determine all points of order after
consultation with the Parliamentarian, subject to the right of any member to
appeal such determination to the whole Council. If any appeal is taken, the
question (motion) shall be substantially similar to the following: "Shall the
decision of the Presiding Officer be sustained?" In which event, following a
second, a majority vote shall govern, and conclusively determine such question of
order.
B. Order and Decorum.
1. Councilmembers: Any Councilmember desiring to speak shall address the
Presiding Officer and, upon recognition by the Presiding Officer, may
speak.
2. Employees: Members of the administrative staff and employees of the
Town shall observe the same rules of procedure and decorum applied to
Councilmembers. The Town Manager shall ensure that all Town
employees observe such decorum and will direct the participation of any
staff member in the discussion of the Council. The Town Manager shall
first be recognized by the Presiding Officer prior to addressing the
Council. Any staff member desiring to speak shall first be recognized by
the Town Manager.
3. Public: Members of the public attending the Meetings shall observe the
same rules of order and decorum applicable to the Council. Unauthorized
remarks or demonstrations from the audience, such as applause, stamping
of feet, whistles, boos or yells shall not be permitted by the Presiding
Officer, who may direct a law enforcement officer to remove such
offender/s from the room.
C. Enforcement of Decorum. Proper decorum is to be maintained during all
Meetings by the Council, staff and guests. It is the responsibility of the Presiding
Officer of the Meeting to ensure compliance with this Policy. The Presiding
Officer shall request that a speaker refrain from improper conduct; if the speaker
refuses, the Presiding Officer may end the speaker's time at the podium. If the
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speaker refuses to yield the podium after being asked to do so by the Presiding
Officer, the Presiding Officer may (1) recess the Meeting for a brief time (2) end
the speaker's time at the podium or (3) direct a law enforcement officer present at
the Meeting to remove from the Meeting the person whose conduct is disorderly
or disruptive.
6.5 TELECONFERENCE PROCEDURE
Meetings may be conducted by teleconference as follows:
A. Prior Notice. When a Councilmember is unable to attend a Meeting and desires
to participate in the Meeting by telephone, the Councilmember shall be permitted
to do so provided he/she gives the Town Clerk, or authorized designee, notice of
his/her inability to be present at the Meeting at least 48 hours prior to the Meeting.
B. Notation on Agenda. The notice of the Meeting and the Agenda shall include the
following: "Councilmembers of the Town of Fountain Hills will attend either in
person or by telephone conference call."
C. Public Access. Facilities will be used at the Meeting to permit the public to
observe and hear all telephone communications.
D. Notation in Minutes. The Minutes of the Meeting shall clearly set forth which
members are present in person and which are present by telephone.
6.6 ADDRESSING THE COUNCIL
A. Manner of Addressing the Council.
1. Any member of the public desiring to address the Council shall proceed to
the podium after having been recognized by the Presiding Officer. There
shall be no loud vocalization (shouting or calling out) from the seating
area of the Council Chamber. At the podium, the speaker shall clearly
state his/her name for the record and shall indicate if he/she is a Town
resident.
2. Special assistance for sight and/or hearing-impaired persons can be
provided. Anyone requiring such assistance should contact the Town
Clerk 48 hours before a Meeting to request an accommodation to
participate in the Meeting.
B. Limitation Regarding Public Comment and Reports. The making of oral
communications to the Council by any member of the public during the "Call to
the Public: (Non -Agenda Items)" or under an action item, shall be subject to the
following limitations:
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1. All citizens wishing to address the Council shall complete and submit a
speaker's request form as set forth in Subsection 5.2(F) above.
2. The Presiding Officer may limit the number of speakers heard on non -
Agenda topics at any single Meeting to allow the Meeting to proceed and
end in a timely manner.
3. If it appears that several speakers desire to provide repetitive comments
regarding a single topic, the Presiding Officer may limit the number of
speakers.
C. Motions.
1. Processing of Motions: When a motion is made and seconded, it shall be
stated by the Presiding Officer before debate.
2. Precedence of Motions: When a motion is before the Council, no motion
shall be entertained except the following, which shall have precedence in
the following order:
a. Fix the time to adjourn
b. Adjourn
C. Recess
d. Raise a question of Privilege
e. Table
f. Limit or extend limits of debate
g. Postpone to a certain time and date
h. Amend
i. Postpone Indefinitely
j. Main Motion
3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is
used to dismiss an item on the Agenda. This motion is debatable, and
because it can be applied only to the main question, it can, therefore, only
be made while the main question is immediately pending (a motion and
second is on the floor). This motion is commonly used to postpone an
item until a more appropriate time.
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4. Motion to Table: A motion to table enables the assembly to lay the
pending question aside temporarily when something else of immediate
urgency has arisen, in such a way that there is no set time for taking the
matter up again. A motion to table shall be used to temporarily by-pass
the subject. A motion to table shall not be debatable and shall preclude all
amendments or debate of the subject under consideration. If the motion
shall prevail, the matter may be "taken from the table" at any time prior to
the end of the next regular Meeting.
5. Motion to Limit or Terminate Discussion: Such a motion shall be used to
limit or close debate on, or further amendment to, the main motion. This
is referred to as "Call for the Question" and is the motion used to cut off
debate and to bring the group to an immediate vote on the pending motion;
it requires a two-thirds vote. The vote shall be taken by voice. If the
motion fails, debate shall be reopened; if the motion passes, a vote shall be
taken on the main motion.
6. Motion to Amend:
a. A motion to amend shall be debatable only as to the amendment.
A motion to amend an amendment on the floor shall not be in
order.
b. An amendment modifying the intention of a motion shall be in
order, but an amendment relating to a different matter shall not be
in order.
C. Amendments shall be voted on first, prior to consideration of
subsequent amendments. After all amendments have been voted
on, the Council shall vote on the main motion (as amended, if
applicable).
7. Motion to Continue: Motions to continue shall be debatable only as to the
propriety of postponement. Motions to continue to a definite time shall be
amendable and debatable as to propriety of postponement and time set
only.
D. Addressing the Council after Motion is Made. After the motion has been made,
or after a public hearing has been closed, no member of the public shall address
the Council without first securing permission from the Presiding Officer.
E. Voting Procedure. After discussion has been concluded and the Mayor, the
Councilmember who made the motion or the Town Clerk has restated the motion
under consideration, the following procedure shall apply:
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1. Casting a Vote:
a. In acting upon every motion, the vote shall be taken by casting a
mechanical yes/no vote, voice, roll call or any other method as
determined by the Presiding Officer, by which the vote of each
member of the Public Body can be clearly ascertained and
recorded in the Meeting minutes. Upon the request of the Mayor
or a Councilmember, the vote shall be taken by roll call.
b. The vote on each motion shall be entered into the record by names
of the Councilmembers voting for or against. The Record also
shall include the names of any member not casting a vote by
reason of being absent from the room at the time of the vote.
C. If a Councilmember has declared a Conflict of Interest, the Town
Clerk shall include a statement such as "Abstained due to declared
Conflict of Interest" in the Official Minutes as part of the results of
the vote.
d. If the roll call method of voting is used, the Town Clerk or
designee shall call the names of all members in random order with
each new vote. Members shall respond "Aye" or "Nay."
2. Failure to Vote:
a. All Councilmembers in attendance at a duly called Meeting that
requires formal Council action are required to vote. A member
may abstain from voting only if he/she has a conflict of interest
under State law, in which case such member shall take no part in
the deliberations on the matter in question.
b. Should a Councilmember fail to vote or offer a voluntary
abstention, his/her vote shall be counted with the majority of votes
cast, unless the Councilmember's vote is excused by the State law;
however, in the event of a tie vote, his/her vote shall be counted as
"Aye."
3. Reconsideration: Any Councilmember who voted with the majority may
move a reconsideration of any action at the same or next regular Meeting.
After a motion for reconsideration has once been acted upon, no other
motion for reconsideration thereof shall be made without the unanimous
consent of the Council.
4. The affirmative vote of a majority of a Quorum shall be required for
passage of any matter before the Council.
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SECTION 7. CONFLICT OF INTEREST
7.1 INTRODUCTION
Occasionally, a Councilmember may find himself/herself in a situation that requires a
Councilmember remove himself/herself from participation in discussion and voting on a matter
before the Council. This situation exists when the Councilmember has a "conflict of interest" as
defined by the Arizona Conflict of Interest Law. This law establishes minimum standards for the
conduct of public officers and employees who, in their official capacity, are, or may become
involved with, a decision, which might unduly affect their personal interests or those of their
close relatives.
7.2 PURPOSE OF CONFLICT OF INTEREST LAWS
The purpose of Arizona's Conflict of Interest Law is to prevent self-dealing by public officials
and to remove or limit any improper influence, direct or indirect, which might bear on an
official's decision, as well as to discourage deliberate dishonesty.
7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW
The Arizona Conflict of Interest Law, as now set forth or as amended in the future, applies to all
actions taken by Councilmembers, Board members, Commissioners, and Committee members.
7.4 DISCLOSURE OF INTEREST
Any Councilmember, Board member, Commissioner, or Committee member who may have a
conflict of interest should seek the opinion of the Town Attorney as to whether a conflict exists
under the State law. Any member who has a conflict of interest in any decision must disclose
that interest at the Meeting and in writing on a form provided by the Town Clerk. The disclosure
of the conflict shall include a statement that the member withdraws from further participation
regarding the matter. The Town Clerk or designee shall maintain for public inspection all
documents necessary to memorialize all disclosures of a conflict of interest by a member.
7.5 WITHDRAWAL FROM PARTICIPATION
Having disclosed the conflict of interest and withdrawn in the matter, the Councilmember, Board
member, Commissioner, or Committee member must not communicate about the matter with
anyone involved in the decision making process in any manner. Further, the member should not
otherwise attempt to influence the decision and should remove himself/herself from the Council
Chamber, or other location where a meeting is being held, while the matter is considered.
Failure to disclose any conflict of interest is addressed in Section 7.8 below.
7.6 RULE OF IMPOSSIBILITY
In the unlikely situation that the majority of Councilmembers, Board members, Commissioners,
or Committee members have a conflict of interest and the Council, Board, Commission or
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Committee is unable to act in its official capacity, members may participate in the discussion
and decision after making known their conflicts of interest in the official records.
7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN
Public officers and employees are prohibited from using or attempting to use their official
positions to secure valuable things or benefits for themselves, unless such benefits are (A) part of
the compensation they would normally be entitled to for performing their duties or (B) otherwise
permitted according to State Law.
7.8 SANCTIONS FOR VIOLATIONS
Violations of the conflict of interest provisions set forth herein shall be punished as provided for
in State law.
7.9 NON -STATUTORY CONFLICTS OF INTEREST
Occasionally, a Councilmember, Board member, Commissioner, or Committee member may feel
that he/she should ethically refrain from participation in a decision even though the
circumstances may not amount to a conflict of interest under the State law described above. It is
the policy of the Council to encourage members to adhere to strongly held ethical values, which
are exercised in good faith. However, subsection 6.6(E)(2) above encourages participation in the
decision making process unless the matter involves a statutory conflict of interest set forth by
State law.
SECTION 8. CODE OF ETHICS
The purpose of this policy for the Town is to ensure the quality of the Town Government
through ethical principles that shall govern the conduct of the Council and members of the
Town's boards, commissions, and committees.
In furtherance of this purpose, we shall:
8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF
AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA
AND THE LAWS OF THE TOWN OF FOUNTAIN HILLS.
8.2 BE DEDICATED TO THE CONCEPTS OF EFFECTIVE AND DEMOCRATIC
LOCAL GOVERNMENT THROUGH DEMOCRATIC LEADERSHIP.
We shall honor and respect the principles and spirit of representative democracy and shall
set a positive example of good citizenship by scrupulously observing the letter and spirit
of laws, rules, and regulations.
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8.3 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY
THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL
RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT.
8.4 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND
INTEGRITY IN ALL PUBLIC AND PERSONAL RELATIONSHIPS.
A. Public Confidence. We shall conduct ourselves so as to maintain public
confidence in Town government and in the performance of the public trust.
B. Impression of Influence. We shall conduct our official and personal affairs in
such a manner as to give a clear impression that we cannot be improperly
influenced in the performance of our official duties.
8.5 RECOGNIZE THAT THE CHIEF FUNCTION OF LOCAL GOVERNMENT IS
AT ALL TIMES TO SERVE THE BEST INTERESTS OF ALL THE PEOPLE.
We shall treat our office as a public trust, only using the power and resources of public
office to advance public interests and not to attain personal benefit or pursue any other
private interest incompatible with the public good.
8.6 KEEP THE COMMUNITY INFORMED ON MUNICIPAL AFFAIRS;
ENCOURAGE COMMUNICATION BETWEEN THE CITIZENS AND ALL
MUNICIPAL OFFICERS; EMPHASIZE FRIENDLY AND COURTEOUS
SERVICE TO THE PUBLIC; AND SEEK TO IMPROVE THE QUALITY AND
IMAGE OF PUBLIC SERVICE.
A. Accountability. We shall ensure that government is conducted openly, efficiently,
equitably, honorably, and in a manner that permits the citizens to become fully
informed to allow them to hold Town officials accountable.
B. Respectability. We shall safeguard public confidence in the integrity of Town
government by being honest, fair, caring, and respectful, and by avoiding conduct
creating the unexplainable appearance of impropriety, or impropriety of which is
otherwise unbefitting a public official.
8.7 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT
SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY
MISUSE OF PUBLIC TIME IS DISHONEST.
A. Private Employment. We shall take any steps necessary to ensure that we comply
with the State law regarding conflicts of interest when we engage in, solicit,
negotiate for, or promise to accept private employment or render services for
private interests or conduct a private business.
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B. Confidential Information. We shall not disclose to others, or use to further our
personal interest, confidential information acquired in the course of our official
duties.
C. Gifts. We shall not directly or indirectly, in connection with service to the Town,
solicit any gift or accept or receive any gift - of any value - whether it be money,
services, loan, travel, entertainment, hospitality, promise, or any other form of
gratuity. This policy shall not apply to hospitality, transportation or other
assistance provided to Town officials when such hospitality, transportation of
other assistance is (i) directly related to their participation in community events as
a representative of the Town or (ii) of inconsequential value and accepted as a
courtesy.
D. Investment in conflict with official duties. We shall not invest or hold any
investment, directly or indirectly, in any financial business, commercial or other
private transaction that creates a conflict with our official duties.
E. Personal relationships. Personal relationships shall be disclosed in any instance
where there could be the appearance of conflict of interest or a conflict of interest.
8.8 CONDUCT BUSINESS OF THE TOWN IN A MANNER, WHICH IS NOT ONLY
FAIR IN FACT, BUT ALSO FAIR IN APPEARANCE.
8.9 PROMOTE UNDERSTANDING, MUTUAL RESPECT AND TRUST AMONG
MEMBERS OF COUNCIL, BOARDS, COMMISSIONS AND COMMITTEES
CONCERNING THEIR ROLES AND RESPONSIBILITIES WITH RESPECT TO
TOWN STAFF'S RESPONSIBILITY FOR IMPLEMENTING THE COUNCIL'S
POLICIES.
All members of the Council, boards, commissions, or committees shall acknowledge in
writing, on a form provided by the Town Clerk, receipt of these provisions relating to
ethics.
SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES
The Fountain Hills' Council may create such boards, commissions, and committees as deemed
necessary to assist in the conduct of the operation of Town government. The Council may
authorize and direct the Town Manager to establish ad hoc committees as needed in order to
provide additional flexibility with regard to conducting Town business.
9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS
AND COMMITTEES
A. Classification. All boards, commissions, and committees of the Town shall be
classified as regularly scheduled or unscheduled boards, commissions, and
committees. Regularly scheduled boards, commissions, and committees are those
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that meet on a regularly scheduled basis or may be quasi-judicial in nature.
Unscheduled boards, commissions, and committees meet on an as -called basis.
B. Regularly Scheduled. Regularly scheduled boards, commissions, and committees
include:
1. Planning and Zoning Commission
2. Parks and Recreation Commission
3. McDowell Mountain Preservation Commission
4. Community Center Advisory Commission
5. Public Safety Advisory Commission
6. Senior Services Advisory Commission
7. Strategic Planning Advisory Commission
C. Unscheduled. Unscheduled boards, commissions, and committees:
1. Ad Hoc Committees
2. Board of Adjustment
D. Sunset. Except for the Planning and Zoning Commission and Board of
Adjustment, any board, commission, or committee created shall cease to exist (1)
upon the accomplishment of the special purpose for which it was created or (2)
when abolished by a majority vote of the Council.
9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS
A. Call for Applications. The call for applications to fill vacant seats for boards,
commissions and committees shall include a request for:
1. A cover letter of interest.
2. A resume.
3. The "Background and Personal Data Outline" application that describes
the applicants' skills, experience, and education background needed to
ensure the successful filling of the vacancy.
4. Responses to the supplemental questionnaire specific to a board,
commission, or committee application, if such questionnaire is included.
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5. The consent to executive session form.
6. If a member whose term will be expiring wishes to reapply for an
additional term on the same board, commission or committee, such
member is exempt from filing those items listed in Subsections
9.2 (A)(1)—(4). However, such member shall submit in writing, on a form
provided by the Town Clerk that includes a request for the Council's
consideration of reappointment in addition to the consent to executive
session as listed in Subsection 9.2(A)(5). The member may include any
new or additional information that is relevant to the original application
already on file.
B. Advertisin_/Tg iming and Location. Staff liaisons shall be responsible for
advertising to fill vacant seats to boards, commissions, and committees for at least
two weeks and no later than two months, prior to the expiration of the current
board, commission, or committee member(s) term, via:
1. The Town's government access channel.
2. Newspaper advertising.
3. The Town website.
4. The Town's official posting sites as listed in Section 2-4-3 of the Fountain
Hills Town Code. The staff liaison shall be responsible for submitting to
the Town Clerk's office the Affidavit of Established Posting. The
downloadable application packet will be placed on the Town's website for
public access with hard copies made available to the public through the
Customer Service Representative.
C. Advertisement Contents. Advertisement of vacancies shall include the following:
1. The name of the board, commission, or committee.
2. The number of vacancies to be filled.
3. A brief description of the board, commission, or committee.
4. A brief description of the qualifications, skills and experience background
applicants should possess, if any.
5. An overview of when the board, commission, or committee meet.
6. The deadline for submitting applications.
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7. Listing of applicant information required and location where application
packets may be obtained.
8. Staff liaison contact information.
9. The dates of publication in the local paper.
D. Staff Review. Individuals applying for boards, commissions, or committees must
submit to the appropriate Staff Liaison those items as listed in Subsection 9.2(A)
above by the published deadline. The Staff Liaison will review the application(s)
to ensure that the applicant(s) meet the qualifications as listed in Subsection
9.4(A) below.
E. Council Materials. The staff liaison to the board, commission, or committee will
assemble and copy all application packets and provide all supporting materials to
all Councilmembers.
F. Subcommittee Review/Interview. The Council subcommittee shall interview all
applicants, unless there are more than five applicants for each vacancy, in which
case the subcommittee may choose, at its discretion, to limit the number of
interviewed applicants to five per vacancy after meeting to review all of the
applications. The staff liaison will schedule an appropriate time to interview
qualified applicants in person or via telephone. Interviews shall be conducted in
Executive Session unless the applicant requests the interview be held at a public
meeting.
G. Subcommittee Recommendation. After the interviews have concluded, the staff
liaison or the Council Subcommittee chair shall advise the Mayor of the
subcommittee's discussion and appointment recommendation(s).
H. Council Consideration. The staff liaison shall submit the agenda action form to
the Town Clerk according to the submission deadline for the next appropriate
Council Meeting Agenda, including the following information: (1) a review of the
steps taken to recruit applicants, (2) the number of vacancies to be filled along
with the names of those members whose terms expire, (3) the number of
applications received and (4) the specific term to be filled.
I. Notification of Council Meeting. The staff liaison shall notify the appointee(s)
that he/she is a possible candidate for appointment to a board, commission, or
committee and suggest that he/she may want to be present at the scheduled
meeting when the recommendation is presented to the Council.
J. Notification of Council Action. Following the Council's approval of the Mayor's
appointment(s) to a board, commission, or committee, the staff liaison shall notify
appointees as to their appointment. Those applicants not chosen to fill a vacancy
on a board, commission, or committee, will be provided written notification by
the staff liaison outlining the Council's appointments and they will be provided
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with an application of interest for consideration of applying for any other board,
commission and committee vacancies.
K. Appointee Orientation. The staff liaison will provide specific details to the new
appointees relative to: (1) their attendance at the "official" board, commission, or
committee orientation, (2) taking the "oath of office" prior to attending their first
board, commission, or committee meeting, (3) reading and signing the ethics
policy, (4) the Open Meeting Law Letter advising of the State's requirement for a
person elected or appointed to review Arizona's Open Meeting Law materials at
least one day before the day that person takes office, (5) all official literature,
agendas, minutes, or other materials specific to their appointment and (6)
information relating to the Town's annual Arizona Open Meeting Law training.
9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS
AND COMMITTEES
A. Appointments Subcommittee. The Mayor may annually appoint Council
Subcommittees for board, commission and committee appointments. Each
subcommittee shall be made up of three Councilmembers. The Mayor may
appoint himself/herself to this subcommittee. If no such subcommittee is
appointed, at a minimum, a quorum of the Fountain Hills Council shall review
applications and conduct interviews for the various boards, commissions, and
committees to fill vacancies based upon the applicants' skills, experience, and
background as required under Section 9.4 below.
B. Subcommittee Purpose. The purpose of this Council Subcommittee is to review
applications, interview applicants (typically in Executive Session) and provide a
recommendation to the Mayor for possible appointment to fill vacancies based
upon the applicants' skills, experience, and background as required under Section
9.4 below.
C. Appointment Timing. The process of application review and interviews will be
conducted in such a manner as to allow for the appointments to coincide with the
term expiration of the current board, commission or committee member(s) term or
as soon thereafter as reasonably possible.
9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED
OFFICERS AS MEMBERS
A. Minimum Qualifications. All members of boards, commissions, and committees
shall meet the following minimum qualifications upon their appointment to any
board, commission, or committee. Each member must be:
1. Eighteen years of age or older, for any board, commission, or committee
seats, designated by Council; except for members appointed to Youth
Commissioner position for youth representation.
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2. A Fountain Hills' resident for at least one year, unless the Council
specifically waives this time or residency requirement for a specific board,
commission or committee.
3. A qualified elector, except youth appointees.
B. Prohibited Appointees. Town employees or appointed officers shall not be
eligible for appointment to any board, commission, or committee but may be
requested to provide staff support thereto. Councilmembers are prohibited from
serving on regularly scheduled commissions as listed in Subsection 9.1(B) above
and the Board of Adjustment.
C. Ex -Officio Members. The Mayor, with the consent of the Council, may from
time to time appoint ex -officio members to those boards, commissions or
committees as set forth in the bylaws of such body. Such members shall serve at
the pleasure of the Mayor and Council. Ex -officio members shall not be entitled
to vote on any matter brought before the commission.
9.5 TERMS, VACANCIES, REMOVAL
A. Terms. All members of unscheduled boards, commissions, and committees shall
serve a term of up to three years, or until the board, commission, or committee is
dissolved, unless Council action, Town Code, or Arizona Revised Statutes
specifically designates terms.
B. Staggered Terms for Smaller Boards. For those regularly scheduled boards,
commissions, and committees having five members or fewer, the terms of office
shall be staggered so that no more than three terms shall expire in any single year
when possible; provided, however, that no staggering of terms shall be required
for any boards, commission, or committee that will be in existence for a single
term.
C. Staggered Terms for Larger Boards. For those boards, commissions, and
committees having more than five members but less than eight members, the
terms of office shall be staggered so that no more than four terms shall expire in
any single year when possible; provided, however, that no staggering of terms
shall be required for any board, commission, or committee that will be in
existence for a single term.
D. Simultaneous Service Limitation. No individual may serve as a voting member
on more than one regularly scheduled or unscheduled board, commission, and
committee at one time.
E. Vacancies. A vacancy on a board, commission, or committee shall be deemed to
have occurred upon the following:
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1. Death or resignation of a member of a board, commission, or committee.
2. A member ceasing to be a resident of the Town of Fountain Hills, unless
the Council has provided that such member may be a non-resident.
3. Three successive unexcused or unexplained absences by a member from
any regular or special board, commission, or committee meetings.
However, the term of all members shall extend until their successors are
appointed and qualified.
F. Removal. Any board, commission, or committee member may be removed as a
member to that board, commission, or committee upon a vote of not less than four
Councilmembers for any cause as determined by the Council.
G. Filling VacancX. Whenever a vacancy has occurred on one board, commission, or
committee procedures described in Sections 9.2, 9.3, and 9.4 above will be used
to generate applicants, interview applicants, and make a recommendation for a
potential appointee.
H. Re -appointment. An incumbent member of a board, commission, or committee
seeking reappointment shall submit, in writing on a form provided by the Town
Clerk that includes a request for the Council's consideration of reappointment in
addition to the consent to executive session form by the published deadline in
order to be considered for appointment by the Council. The member may include
any new or additional information that is relevant to the original application
already on file
9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW
All boards, commissions, and committees are subject to the Arizona Open Meeting Law and
therefore shall attend the Town's Annual Open Meeting Law training.
9.7 RESIDENCY REQUIREMENT
Members of all boards, commissions or committees shall be residents of the Town.
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