HomeMy WebLinkAbout052010ppZ:\Council Packets\2010\R5-20-10\100520A.docx Last printed 5/19/2010 1:57 PM Page 1 of 3
REVISED – 5/18/10
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, MAY 20, 2010
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the
Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or
the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked
to state their name prior to commenting and to direct their comments to the Presiding Officer
and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a
speaker chooses not to speak when called, the speaker will be deemed to have waived his or her
opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a
later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the
Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits
may be waived by (i) discretion of the Town Manager upon request by the speaker not less than
24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either
prior to or during a Meeting. Please be respectful when making your comments. If you do not
comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Councilmember Mike Archambault Councilmember Ginny Dickey
Councilmember Dennis Brown Vice Mayor Cassie Hansen
Councilmember Dennis Contino Councilmember Henry Leger
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CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
(i) The Mayor will review upcoming community events.
(ii) The Mayor will read a proclamation, commending the Veterans of Foreign Wars Post
7507 for their annual Memorial Day “Buddy Poppy” fundraiser held on May 28 and
May 29, 2010, for the benefit of veterans’ relief.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Recognition of Councilmember Michael Archambault for his service to the Town of
Fountain Hills.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i)
must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not
discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal
action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a
matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from May
6, 2010.
2. CONSIDERATION of RESOLUTION 2010-08, approving an Intergovernmental Agreement
(IGA) with Maricopa County Animal Care and Control relating to Animal Shelter Services, in
an amount not to exceed $35,000, for the fiscal period July 1, 2010, through June 30, 2013.
3. CONSIDERATION of RESOLUTION 2010-20, approving an Intergovernmental Agreement
(IGA) with Maricopa County Animal Care and Control relating to Animal Control Services, in
the amount of $19,463.85, for the fiscal period July 1, 2010, through June 30, 2013.
4. CONSIDERATION of approving RESOLUTION 2010-14, abandoning whatever right, title,
or interest the Town has in the certain public utility and drainage easement located at the
southwesterly property line of Plat 602C, Block 3, Lot 1 (15759 E. Echo Hill Drive) as
recorded in Book 166 of Maps, Page 33, Records of Maricopa County, Arizona, EA10-03
(Moore).
REGULAR AGENDA
5. PRESENTATION by Audra Koester Thomas, Chair of the Strategic Planning Advisory Commission. CONSIDERATION AND POSSIBLE ADOPTION of the Fountain Hills Strategic Plan 2010.
6. CONSIDERATION OF RESOLUTION 2010-11, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the
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northeasterly and easterly property lines of Plat 506B, Block 1, Lot 59 (16607 N. Paradox Drive) as recorded in Book 159 of Maps, Page 03, Records of Maricopa County Arizona, EA10-02 (Schader).
7. CONSIDERATION of RESOLUTION 2010-10, regarding granting an access easement to Brian Schader (Plat 506B, Block 1, Lot 59), through a portion of Town-owned open space property (Plat 506B, Parcel A), to access his artist workshop area at the rear of his lot, with stipulations (EAA10-01).
8. CONSIDERATION of RESOLUTION 2010-09, regarding accepting the grant of an access easement and public utility easement from Brian Schader, on Lot 59 and the Paradox Wash parcel (originally a part of Plat 506B, Parcel A) (EEA09-04).
9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the Town of Fountain Hills Proposed FY 2010-11 Budget.
10. CONSIDERATION of a CONTRACT with Parsons Brinckerhoff, in the amount of $112,285, for the design of the Shea Gap project (including incorporating the Shea Bike Lane and Median project).
11. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council:
A. None.
12. SUMMARY of COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES by the Town Manager.
13. ADJOURNMENT.
DATED this 19th day of May 2010.
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.
TOWN OF FOUNTAIN HILLS
PROCLAMATION
OFFICE OF THE MAYOR
WHEREAS, America is the land of freedom, preserved and protected willingly and freely by
citizen soldiers; and
WHEREAS, THE RED POPPY HAS BEEN DESIGNATED AS A SYMBOL OF
SACRIFICE OF LIVES IN ALL WARS, and
NOW, THEREFORE, I, Jay T. Schlum, Mayor of the Town of Fountain Hills,
Maricopa County, Arizona, hereby proclaim to all citizens of our community that the Veterans of
Foreign Wars Post 7507 are commended for conducting their annual Memorial Day “Buddy
Poppy” fundraiser on May 28 and May 29, 2010, for the benefit of veterans’ relief.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be
affixed the official seal of the Town of Fountain Hills, Maricopa County, Arizona
this 20th day of May, 2010.
_______________________________________
Jay T. Schlum, Mayor
ATTEST:
_______________________________________
Bevelyn J. Bender, Town Clerk
Strategic Plan Update - SPAC May 20, 2010
Phase IV Council Presentation: Plan
Adoption 1
Strategic Plan Update: 2009‐2010
May 20, 2010 Council Meeting Presentation
Strategic Planning Advisory Commission
Strategic Plan Update: 2009‐2010
Tonight’s Presentation
• Review of the Strategic Plan Update Process
• Introduction to the Strategic Plan 2010
– How it will be used
– Format and design
– Review of Plan: Strategic Directions
• Highlights of Strategic Plan 2010
Strategic Plan Update 2009-2010
Strategic Plan Update - SPAC May 20, 2010
Phase IV Council Presentation: Plan
Adoption 2
Strategic Plan Update: 2009‐2010
Strategic Plan Update Process
•Phase I:Strategic Plan Audit (June – July 2009):
Strategic Plan Gap Analysis
•Phase II:Education and Affirmation (August –
December 2009): Visioning Report
•Phase III:Construction (January - April 2010): Draft
Plan Update
•Phase IV: Plan Adoption (May 2010)
Strategic Plan Update 2009-2010
Strategic Plan Update: 2009‐2010
Strategic Plan Update Process
Built on the contributions of citizens and stakeholders
• Over 80 total meetings
• Engaged and received feedback from well over
2,000 individuals; communication to 20,000+
• Provided a variety of input and engagement
techniques: going to where people are at
• Came in 97% under budget: $568.01
• Estimated volunteered hours: 1,500
Strategic Plan Update 2009-2010
Strategic Plan Update - SPAC May 20, 2010
Phase IV Council Presentation: Plan
Adoption 3
Strategic Plan Update: 2009‐2010
Issue Forum – November 2009
Strategic Plan Update: 2009‐2010
Issue Forum – November 2009
Strategic Plan Update - SPAC May 20, 2010
Phase IV Council Presentation: Plan
Adoption 4
Strategic Plan Update: 2009‐2010
Youth Visioning, Fountain Hills High School – November 2009
Strategic Plan Update: 2009‐2010
Youth Visioning, Boys & Girls Club – November 2009
Strategic Plan Update - SPAC May 20, 2010
Phase IV Council Presentation: Plan
Adoption 5
Strategic Plan Update: 2009‐2010
Youth Visioning, Boys & Girls Club – November 2009
Strategic Plan Update: 2009‐2010
SPAC Retreat – January 2010
Strategic Plan Update - SPAC May 20, 2010
Phase IV Council Presentation: Plan
Adoption 6
Strategic Plan Update: 2009‐2010
Staff Retreat – March 2010
Strategic Plan Update: 2009‐2010
Introduction to the Strategic Plan
Phase IV: Adoption
Strategic Plan Update - SPAC May 20, 2010
Phase IV Council Presentation: Plan
Adoption 7
Strategic Plan Update: 2009‐2010
Introduction to the draft Strategic Plan
How the Plan will be Used?
Fall
•Review and revise Plan
•Outline annual goals
Winter
•Staff prepares action plan
Spring
•Adopt budget based on action plan
Summer
•Monitor implementation and
achievements
Phase IV: Adoption
Strategic Plan Update: 2009‐2010
Introduction to the draft Strategic Plan
How is the Plan formatted?
n Why is this important?
A statement describing the value
o Our Pledge
Council’s pledge to the community
p Strategic Directions
Guiding principles to fulfill the vision
q Key Performance Questions
Measures progress and accomplishments
Phase IV: Adoption
Strategic Plan Update - SPAC May 20, 2010
Phase IV Council Presentation: Plan
Adoption 8
Strategic Plan Update: 2009‐2010
Introduction to the draft Strategic Plan
How is the Plan formatted?
r Idea Box
An evolving collection of ideas and
initiatives that, with appropriate research
and analysis, could forward the strategic
plan and help realize the community’s
vision
“Parking Lot for Ideas”
r
Phase IV: Adoption
Strategic Plan Update: 2009‐2010
Introduction to the draft Strategic Plan
What is foundation for the Plan’s success?
Financial Sustainability
The principal recommendation of the strategic plan
is that Council re-initiate a process to review and
recommended a financing structure and implement
policies by which the Town’s financial sustainability
can be achieved.
Without resolution, the citizen-defined vision will not
be fulfilled and values will be compromised.
Phase IV: Adoption
Strategic Plan Update - SPAC May 20, 2010
Phase IV Council Presentation: Plan
Adoption 9
Strategic Plan Update: 2009‐2010
Introduction to the draft Strategic Plan
What is the basis of the Plan?
Vision
Fountain Hills is a distinctive community designed to invigorate the body, mind and
spirit, and strives to:
• Be stewards of this unique enclave, dedicated to preserving the environment
and visual aesthetic and to living in balance with the Sonoran Desert;
• Champion the diversity of experiences our residents bring to our community
and rely on this depth of experience to innovatively address our challenges;
• Be economically sustainable and anchor our vitality in an active, vibrant town
core that serves us culturally, socially and economically; and,
• Be civic-minded and friendly, taking responsibility for our Town’s success by
building partnerships and investing our talent and resources.
Phase IV: Adoption
Strategic Plan Update: 2009‐2010
Introduction to the draft Strategic Plan
What is the basis of the Plan?
Values
• Civility
• Civic Responsibility
• Environmental Stewardship
• Economic Vitality
• Education, Learning and Culture
• Maintain and Improve Community Infrastructure
• Public Safety, Health and Welfare
• Recreational Opportunities and Amenities
Phase IV: Adoption
Strategic Plan Update - SPAC May 20, 2010
Phase IV Council Presentation: Plan
Adoption 10
Strategic Plan Update: 2009‐2010
Highlights of Strategic Plan 2010
The Strategic Plan 2010:
• Includes the “implementation gaps” from previous plan
• Reflects direction provided by Council, including:
– Simplify, streamline, refine to a user-friendly document
– Long-term, vision-based Plan
– Institutionalize Plan process, roles and responsibilities
– Refrain from specific task lists or price tags
• Built from community engagement
– Citizen-driven vision, values
– Stakeholder ideas
– Staff contributions
Phase IV: Adoption
Strategic Plan Update: 2009‐2010
Thanks to:
• Residents
• Stakeholders
•Staff
• Town Commissions
• Organizations and agencies
• Council
• Planning Team
• Strategic Planning Advisory Commission
Phase IV: Adoption
Memo
2009-2010 Strategic Plan Update
To: Town Council
Cc: SPAC, Planning Team, Rick Davis, Shaunna
Williams
From: Audra Koester Thomas, SPAC Chair
Re: Final Strategic Plan Revisions
The April review period for the Draft Strategic Plan has ended and all feedback collected
from our outreach efforts has been collected (see Appendix). SPAC’s Planning Team
met on May 3 to review the Draft Strategic Plan and to provide its feedback, and on May
4, SPAC met to review all recommendations and to make final revisions to the Plan.
Below is a matrix that outlines the revisions made to the Draft Strategic Plan based on
feedback received; the changes/additions/revisions outlined below are those that
appear in the final version of the Fountain Hills Strategic Plan 2010, recommended for
your adoption on May 20. Page number references are of the Draft Strategic Plan.
Key:
PT: Planning Team recommendation
A: Revision based on Feedback Session #3 comments
B: Revision based on Open House comments
C: Revision based on other feedback provided
Page From Recommended Action
1 PT Councilmember Henry Leger
3 Added: Mayor’s Message
6 PT Revision under “Strategic Plan Format”: “…the future vision while honoring the Town’s
values.”
7 A, B Revision to last sentence of second paragraph of “Idea Box”: “…and is reflective of public
feedback received. These ideas are presented neither with endorsement nor evaluation
by the Town. The Idea Box is intended to serve as a repository of tools and activities
that can be selected considered to build the Town’s annual action plan.
9 PT, C Revision in first vision bullet: “…preserving the environment and visual aesthetic and
experience and to living in balance with the Sonoran Desert;”
10 PT Revision in last sentence of “Why is this important?”: “…and we should strive to
celebrate and build upon from our differences…”
10 PT, B Our Pledge: “We will Build a community…”
10 PT C4: “Establish Fountain Hills as Be the friendliest place in the Valley.”
10 PT Second Key Performance Question: “Did we expand support events and activities…”
11 PT, B Our Pledge: “We will Take responsibility for our community’s future…”
13 PT, B Our Pledge: “We will Preserve the natural beauty…”
13 PT ES3: “Explore and employ implement new technologies…”
13 B ES4: “Promote water conservation and identify ways to reduce use of this precious
desert resource wisely.”
13 PT ES5: “Protect key selected view sheds…”
14 PT, B Our Pledge: “We will Maintain a strong commitment to financial stability and local
control. We will and promote economic growth that leverages …”
15 PT EV5: “Continue to Promote Fountain Hills…”
16 PT, B Our Pledge: “We Support quality, lifelong learning opportunities…”
16 PT ELC1: “Partner with Fountain Hills’ Unified School District schools and other
institutions…”
16 PT ELC3: “Promote and celebrate cultural diversity multiculturalism within and surrounding
our community.”
17 PT, B Our Pledge: “We will Maintain and improve our infrastructure to ensure public health
and safety and a high quality living experience…”
17 PT I3: “…and implement maintenance efforts to avoid minimize costly reconstruction.”
17 PT I5: “Explore ways to minimize reduce wear and tear…”
18 PT I9: “…maintenance of community facilities buildings, parks and the fountain.”
19 PT Our Pledge: “We Protect the health and safety…”
19 PT P2: “…through ‘community policing’ …”
19 PT P4: “Work to expand the existing ‘health campus’ downtown and Explore other health
and welfare opportunities, including the creation of a small hospital or a niche health‐
related service cluster.
19 PT P5: “Support health and wellness instruction throughout the community at all levels of
the school system.”
20 C Add sentence at end of “Why is this important?”: “We want to be the most fun, fit and
the friendly community in the Valley!”
20 PT, B Our Pledge: “We will Make Fountain Hills a pedestrian/bicycle friendly community by to
reduce automobile use, contributing to healthy lifestyles, providing recreational and
physical exercise opportunities to citizens, and taking advantage of Fountain Hills’
closeness to the Sonoran Desert.”
20 A, B R2: “Provide an interconnected, multi‐use trail, sidewalk and bicycle system…”
20 PT R3: “…quality programs for youth and adults to promote recreational, sports, fitness and
wellness programs for all ages.”
A1‐4 A, B Revise Idea Box Heading to: “…initiatives that, with appropriate research and analysis,
could forward the strategic
A4 C “Establish an aquatic and activity center as a recreational and wellness amenity for
residents”
A4 A, B “Study the impacts of expanding the trail network through by providing passive, non‐
paved trails in selective Town washes.”
A4 C “Expand bike path network through painting or providing dedicated lanes”
A4 PT Add: “Support the development of a substance abuse education program”
A4 PT Add: “Support the development of a domestic violence outreach program”
A4 A Add: “Provide drinking fountains at our parks and public spaces”
A4 C Add: “Provide multigenerational programming at Community Center so that it is utilized
by residents of all ages”
A4 C Add: “Establish a summit trailhead at the end of Eagle Ridge Drive”
A4 C Add: “Incorporate medians or other narrowing measures on overly‐wide streets to
improve safety and reduce roadway maintenance”
MAY 11, 2010 Page 2
MAY 11, 2010 Page 3
A4 C Add: “Expand sidewalk and pathway network in Town Center through use of grants and
partnerships”
A4 C Add: “Establish a comprehensive Safe Routes to School program, including establishing a
weekly walk/bike to school day”
A4 C Add: “Host free multigenerational fitness activities monthly to bring residents together
and to foster a culture of wellness”
A4 C Add: “Incorporate fitness stations into sidewalk/pathway design”
A4 C Add: “Provide an incentive for front porch additions to promote a sense of community
and neighborly activity”
A4 C Add: “Provide kiosks at Fountain Park to inform visitors of Town attractions and
activities”
Feedback Session #3 Responses Draft Strategic Plan
Appendix A: Feedback Session #3 Responses
The following contains all comments, unedited, that were received through Feedback Session #3 instrument
regarding the Draft Strategic Plan through April 2010. Each bullet represents the comments submitted on that
particular question/subject by an individual respondent.
Feedback Session #3 went live on April 6 and was closed on May 2.
Total Participants: 15
1. Do you have any feedback regarding the strategic directions for Civility?
• As I read the Strategic Directions on this ITEM I CAN'T HELP BUT FEEL THAT THE TOWN IS SEEN BY
SOME AS NOT A GOOD PLACE TO LIVE. TO DEVELOP A PLEDGE AS THIS PRE -SUPOSES THAT WE
ARE NOT A VERY LOVING COMMUNITY WHICH I TOTALLY REJECT.
• I think these are all noble goals and worth pursuing. However, in view of the letters to the edigor in
the Times, we have our work cut out for us. Perhaps some workshops on active listening and
communicating are in order???
• There are many of us that just hope it happens quick. Maybe the FH Times should publish something
about civility when writing the letters to the editor - some of the letters get pretty mean spirited and
personal and carry all sorts of misinformation.
• The large emphasis on involving the community is great. Involving the public more in the decision
making process is very grass roots and something that could be held up as an example for other
cities. There is a pleasing "golden rule" ring to this section.
2. Do you have any feedback regarding the strategic directions for Civic Responsibility?
• NONE
• sounds good
3. Do you have any feedback regarding the strategic directions for Environmental Stewardship?
• AGREE
• This is an imperative part of the Fountain Hills experience considering it's unique geographic location.
I am not exactly sure what access to the desert implies(more trails,parks??)
• In ES 2, I'm not sure I agree with the statement "increasing natural infrastructure" because I believe we
should leave our infrasturcture out of natural areas in order to preserve the environment. Inserting
infrastructure into natural areas only disrupts ecosystems.
4. Do you have any feedback regarding the strategic directions for Economic Vitality?
• AGREE
• In order to become a visitor destination we need to be more creative/proactive in taking advantage
of all the big events happening in the valley: NASCAR, bowl games, tennis/golf tournaments,political
events, etc., etc. Most people do not need to stay in the immediate area of the event and if we
provided transportation and room/meal packages plus things for the rest of the family to do (hiking,
golf, all Ft. McDowell has to offer)I think we would really do well. Key is transportation to and from
events so car rental may not be necessary and should one imbibe at the event there is no worry
about driving.
• All these things are great, just like they were several years ago, but how are they going to get done
without funding and community support of nearly anything that costs money or taxes residents?
• ES 6: Improve access to the Sonoran Desert experience. If by this, you mean inducing MCO to give
better access to the preserve the town owns in the McDowells via roads that go through their
development -I agree. However, if you mean building trails in the washes of our town, I whole-
heartedly disagree. I want to see the town respect our wishes. Do not put trails in the washes. Comply
the the watercourse and habitat preservation ordinance.
• EV 2 is a bit ambiguous to me.
• I only support EV 8 if it does not modify any natural areas such as neighborhood washes.
5. Do you have any feedback regarding the strategic directions for Education, Learning and Culture?
May 2010 Appendix A-1
Feedback Session #3 Responses Draft Strategic Plan
• NONE
• I am most supportive of higher learning opportunities in the community with the establishment of
educational/training campus. I feel we are uniquely situated to creat a Native American/Sonoran
Desert multicultural learning center. I would be very much interested in helping this come to fruition.
• ELC4 is very important. What does it mean to "position" them? What is the action? Suggest adding a
life-long learning aspect to the "higher" learning bullet.
• art and cultural aspects are also very important to the town and I think this is great. The term
"celebrate multiculturalism" seems to always be attached to a plethora of political correctness, which
to me doesn't fit well with the town's image.
6. Do you have any feedback regarding the strategic directions for Maintain and Improve Community
Infrastructure?
• Not maintaining our infrastructure investments (like was done this year and being suggested as part
of next year's budget) represents foolish leadership inasmuch as economic forecasts remain dismal
for the next 4-5 years. Ignoring maintenance that long is a hidden disaster.
• NONE
• Yes, yes, yes and yes.
• Everything sounds good. How well protected is a protected fund?
7. Do you have any feedback regarding the strategic directions for Public Safety, Health and Welfare?
• AGREE
• A nice alternative healing center would be perfect and would bring visitors to the area.
• P4 provides a underdeveloped resource in our community. Would be great to cultivate a synergy
with the medical campus for health related seminars.
• good
8. Do you have any feedback regarding the strategic directions for Recreational Opportunities and
Amenities?
• More attention needs to be given to the cost of programs and services per participant. For those
programs and services with a high cost ratio, fees (or higher fees) need to be paid by the
participants to reduce the financial burden on the community as a whole. Subsidies need to be
reduced to equitable levels.
• NONE
• Re: Strategic Direction R2: Provide an interconnected, multi-use trail and bicycle system that promotes
active living, physical activity, education and appreciation of our parks and natural resources.
Feedback: Comply with the Town of Fountain Hills WATERCOURSE PRESERVATION AND HABITAT
ORDINANCE, Article 9-3. This ordinance would preclude that the development as stated in Strategic
Direction R2 could be implemented in the town's washes unless preceded by an affirmative vote of
town electors in any general election held by the town in accordance with Article 9-3-3.
• Please comply with the town of Fountain Hills Watercourse Preservation and Habitat Ordinance of
1996 Article 9-3. This ordinance precludes development in the town's washes. Many people in this
town care about preserving the town's washes. Issues of erosion caused by development, wildlife
preservation, flooding during and after rainfall, desert vegetation preservation are all concerns of
many in this community. In order to build trails in a wash, it would have to be brought to a vote in a
general election. Please be advised that many in the community want the washes left alone due to
the reasons stated above. Thank you.
• Fountain Hills would be a "pedestrian friendly community" if there were sidewalks and bicycle lanes
on major roads, in the downtown, and around our schools. Connecting parks and schools through trails
in our washes would undermine our watershed, displace wildlife, and require expensive maintenance
and surveillance. Our washes are currently a haven for wildlife. They absorb water, noise and light
pollution. Altering them from their natural state would detract from our closeness to the Sonoran
Desert and lessen the beauty of Fountain Hills. Comply with the Watercourse Preservation and
Habitat Ordinance. I do not want trails in our washes -paved or otherwise.
• sounds great as long as political correctness doesn't steal the day.(health and wellness)
May 2010 Appendix A-2
Feedback Session #3 Responses Draft Strategic Plan
May 2010 Appendix A-3
• In reference to R 2, I believe that any trails in town washes would only be detremental to both
ecosystems and the town. Developing washes with trails and sidewalks only destoys habitats and
homes for many of our desert animals, who's only place of refuge in town is the washes. Another bad
side effect is increased flooding due to destroying the place where water flowed. This can be seen in
some areas of Scottsdale where washes were disrupted and seasonal flooding has resulted. If you
really wanted to give pedestrians a place to walk, start with installing more roadside sidewalks! Their
scarcity makes walking in Fountain Hills very difficult.
• I am opposed to any building of trails through the washes in Fountain Hills. This is habitat for many
desert animals and needs to be protected not exploited. It also makes people's back yards open to
the public, if the yard is not fenced or walled in. I think public funds should be spent in other ways.
9. Because the Idea Box is an evolving collection of ideas and initiatives, we want you to add to it.
Please share any specific ideas you think might forward the strategic plan and help realize the
community's vision:
• Safety is very important to me. I would like to see more sidewalks and bicycle lanes on the ROADS of
Fountain Hills. I would also like to see more drinking fountains in the parks and in our downtown.
• i have nothing specific to add. in general, Fountain hills has a small town friendly feel to it and upon
this foundation should the plans be built.
• Disrupting the town's washes through development projects such as hiking trails and bicycle trails is a
big mistake. Our pristine washes are one of the ways Fountain Hills distinguishes itself from the rest of
the Phoenix metro area.
10. Do you have any additional feedback regarding the Strategic Plan?
• NONE
• In Recreational Opportunities and Amenities: replace the words "multi-use trail" with "sidewalk" and
then I'd vote for it.
• Don't do anything to the washes or any other natural areas!
How long have you lived in Fountain Hills?
0 Less than 2 years
0 3 to 5 years
2 6 to 10 years
6 Over 10 years
Other:
• business in town
• My entire life
No response: 5
I live in Fountain Hills ______ months of the
year.
0 1 month
0 2 months
0 3 months
0 4 months
0 5 months
0 6 months
0 7 months
0 8 months
0 9 months
0 10 months
0 11 months
9 12 months
6 No Response
How old are you?**
1 Under 20
0 20 to 34
2 35 to 44
1 45 to 54
1 55 to 59
2 60 to 64
3 65 to 74
0 Over 74
5 No Response
Open House Feedback Draft Strategic Plan
Appendix B: Open House Feedback
The following contains all comments, unedited, that were received at the April 29 Strategic Plan Open House.
Participants used sticky notes to draft comments related to each focus area. Each bullet represents an
independent comment made.
Total Participants: 15
1. Do you have any feedback regarding the strategic directions for Civility?
• C1: Yes, Yes, Yes
• C4: How? ___?
2. Do you have any feedback regarding the strategic directions for Civic Responsibility?
• Very important to not just wait for people to volunteer—rather ask—we all feel respected and
valued if we are asked our opinion or to serve
• Why separate out youth. What about seniors and boomers? Gen x??
3. Do you have any feedback regarding the strategic directions for Environmental Stewardship?
• ES1: How? Educate?
• ES4: Rather than “reduce” water use, how about “more efficient use of water”
4. Do you have any feedback regarding the strategic directions for Economic Vitality?
• EV3: We are concerned about setting priorities within the General Plan (Schweiback) to make sure
Ave of the Fountains and other small parcels are developed before we do any additional commercial
development in the park
• If we approve the general plan May 18—does that automatically approve any zoning changes
within the park?
• What about mixed use developments; I love mixed use residential/business areas
5. Do you have any feedback regarding the strategic directions for Education, Learning and Culture?
• Revise pledge to “We will support quality…”
• Disagree with [adding “will”]; the statement is better without the word “will”
• ELC5: this would be great
6. Do you have any feedback regarding the strategic directions for Maintain and Improve Community
Infrastructure?
• I2: Is this another word for property tax? What else could it be? about the term reliable funding
• I7: would lowering the impact fees on businesses help. Currently residents use roads to drive out of
town to shop & eat. With more business in town, we would not have to drive out of town & use
roads.
7. Do you have any feedback regarding the strategic directions for Public Safety, Health and Welfare?
• Revise pledge to “We will protect…”
• P4: or have efficient transportation to other health facilities
8. Do you have any feedback regarding the strategic directions for Recreational Opportunities and
Amenities?
• Our pledge: Not reduce—more efficient [automobile] use; reduce control
May 2010 Appendix B-1
Open House Feedback Draft Strategic Plan
May 2010 Appendix B-2
• R2: comply with the Town of Fountain Hills WATERCOURSE PRESERVATION AND HABITAT
ORDINANCE, Article 9-3. This ordinance would preclude that the development as stated in Strategic
Direction R2 could be implemented in the town’s washes unless preceded by an affirmative vote of
town electors in any general election held by the town in accordance with Article 9-3-3.
9. Because the Idea Box is an evolving collection of ideas and initiatives, we want you to add to it.
Please share any specific ideas you think might forward the strategic plan and help realize the
community's vision:
None offered.
Open House Feedback Draft Strategic Plan
May 2010 Appendix C-1
Appendix C: Other Feedback
The following contains all comments, unedited, that were received via email or during other dialogue. Each
bullet represents a comment submitted by an individual.
• Just a personal response to your "Greetings fellow Commissioners!" which was forwarded by Nancy
Walter. I will be unable to attend due to a prior confirmed, ticketed event in downtown Phoenix
on Thursday eve. Thanks for the invite and for all the wok you and your fellow SPAC
Commissioners have done for the town.
• I have viewed the strategic plan and it refers to a "downtown" plan. Is this specific document
available on line? I cannot find such a thing on your website. The strategic plan itself is generic -
not specific about what the plans are for the development of the downtown area and I would like
to now more about what we would be approving by voting for this approval. Thanks
• So sorry I am unable to attend the meeting on the 29th - a conflict with another event. I have
looked over the material and it looks excellent.
• I find it hard to understand how this plan fits in with the councils goals. Council member Hansen
when discussing a citizens problems with he noise coming from a bar near the lake, said this is the
type of noise we want in town. This hardly fits in with quality of life issues expressed in the plan.
Hansen wants noisy bars and many many citizens want Peace and quiet.
• It would be easier to comment on the plan if it were in a doc file to track changes. I have made
many of these comments in the past and at one of the open house meetings (I was the only one
there with kids, was made to feel unwelcome since they were with me (nice civics lesson) and as
noted by a couple of speakers probably the only one there under 40 and probably under 50).
While I think there are a number of good things in the document, I can’t believe so little mention (if
any) on important things like of Safe Routes to School, schools in general, fun and fitness… I ask
that these be incorporated into the document.
Vision: FH distinctive community designed to invigorate the body, mind and spirit and strives to…
No mention of education, being a fit community, being well rounded or sustainability in all areas
not just economically (should include educationally sustainable and sustainable health fitness of
residents… multi-generational great place to live fun & fitness from cradle to grave so to speak.
Values:
Civility? Small town feel/friendly… you need to meet people at a pedestrian speed & level…
needs to be walkable! Pocket parks, connectivity, and inclusive community meeting place like a
town square… aquatics center, fitness center and multi-generational community center… not
convention center… need to include kids & families not just seniors and HOAs! Want
friendly… incorporate fun! Should include: Family, friends small town feel and relationships Fun
and Fitness!
Have we improved access to the sonoral desert not to just see it but to get into and experience it…
this is most important for the youth to they don’t want to look they need to experience… Need
better access all the time for free! Get summit trailhead at end of Eagle Ridge PERIOD!
Look for and take advantage of opportunities to improve our sustainability by reducing our future
unnecessary maintenance costs especially for infrastructure through smart sustainable planning and
designs….
Reduce costs not just figure out how to pay more. Minimize costs especially long term
maintenance costs and thereby improve sustainability by reducing unnecessary infrastructure like
wide roads that were planned for a much larger build-out population 70k down to 30k. Shea
climbing lanes are a complete waste of money which should have been used to leverage the
MAG & ARRA funds where they could do some good (Saguaro Blvd, Intersections, downtown
walkability projects.
Leverage town resources to help provide for needed infrastructure through pernerships and grants.
Open House Feedback Draft Strategic Plan
May 2010 Appendix C-2
Sidewalks in downtown should be leveraged not just paid for by town but a comprehensive shared
use path network eligible for grants through MAG.
Educational opportunity should focus on being a premier education destination. Performance
questions are weak…. Education should be emphasis not art and culture… Science and tech
more important or at least equally so… should focus on FHUSD reputation in the valley,
success in competitive endeavors athletically, educationally and in all extra curricular
activities… excellence should be expected and delivered.
Public safety, health,… Safe Route To School Program???
Health is weak… Preventive health through fitness and healthy living options not just doctors &
clinics after the fact…Expand to a Live Life Well concept that increases the fitness level of the
community by greater access and opportunity for fitness activities and fitness events. Fountain
Hills should brand itself as the most fun, fittest and friendliest place in the Valley.
Recreational opportunities…
Safe Route To School program for connectivity to schools… emphasize adding new recreational
opportunities before we expand existing options…aquatics center, fitness center, SRTS, convenient
summit trailhead, comprehensive multi-use paths with fitness components... bike connection into
Scottsdale through Hidden Hills/Eagle Ridge Drive, racquetball courts, new fitness oriented park
facility, boating in the lake?
Idea box is limited….
Roundabouts, promote civility, increase sustainability/environmental stewardship, improve
infrastructure (closer to pedestrian speeds, less fuel, fewer emissions, less maintenance, fewer lanes,
less asphalt, fewer collisions, fewer injuries).
Establish a comprehensive Safe Routes to School Program including a Bike or walk on
Wednesdays “BOW-WOW” and/or fitness Fridays for kids and parents to bike walk etc to
school…
Encourage fitness events that are inclusive…multi-generational… and at least monthly!
Provide a pedestrian connection (shared use path) with fitness stations between the Town and
the Tribe to improve community interaction. Fun & Fitness for all ages walking, biking, blading,
razors, etc etc etc…
Provide an incentive program to incorporate front porch additions to promote getting to know your
neighbors.
Coordinate with Fort McDowell & ADOT to install a roundabout at Beeline/Shea as a major
destination marker/entry feature for both communities. Draw them west with streetscape project
that ties into roundabout at Shea/Saguaro. Sustainability & green designs attract people, safety
and less delays also benefits people trying to get into FH.
Need kiosks at Fountain Park to inform visitors of other things to do in town other than just take
a picture at the fountain… Veterans memorial, public art walk, trail above fountain park, desert
garden trail, (need summit trail in McDowells).
Explore all funding and partnership opportunities to pay for an aquatics center/fitness center.
Contact ASU & UA swim teams to try to get alumni contacts to help fund aquatics center. Explore
naming rights for aquatics center. Contact Michael Phelps and take him up on his desire to change
USA swimming from the ground up… open a competitive pool and ask him to help with corporate
sponsors, fundraising etc. Or contact locals like Gary Hall Jr etc…to get support and swimmers &
corporate sponsors.
Town of Fountain Hills
Strategic Plan 2010
A periodic update of the Town’s Strategic Plan
Adopted: May ___, 2010
Fountain Hills Strategic Plan 2010
FOUNTAIN HILLS STRATEGIC PLAN
Originally Adopted May __, 2010
Fountain Hills Town Council
Jay Schlum, Mayor
Cassie Hansen, Vice-mayor
Mike Archambault
Dennis Brown
Dennis Contino
Ginny Dickey
Henry Leger
Strategic Planning Advisory Commission
Audra Koester Thomas, Chair
Curt Dunham, Vice chair
Mike Dooley
Alan Magazine
Charlotte McCluskey
Katie Myhr
Rich Shultz
Allen Siebel
Page 1
Fountain Hills Strategic Plan 2010
TABLE OF CONTENTS
Mayor’s or Council’s Message ............................................................... 3
Strategic Plan 2010 ........................................................................... 4
Process ........................................................................................ 4
How will the Strategic Plan be used?..................................................... 5
Strategic Plan Format....................................................................... 6
Foundation for Success: Financial Sustainability ....................................... 7
Vision and Values.............................................................................. 9
Our Vision..................................................................................... 9
Our Values .................................................................................... 9
Civility ......................................................................................... 10
Civic Responsibility ......................................................................... 11
Environmental Stewardship ............................................................... 13
Economic Vitality............................................................................ 14
Education, Learning and Culture ........................................................ 16
Maintain and Improve Community Infrastructure .................................... 17
Public Safety, Health and Welfare....................................................... 19
Recreational Opportunities and Amenities ............................................ 20
Appendix ........................................................................... Appendix 1
Idea Box.......................................................................... Appendix 1
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Fountain Hills Strategic Plan 2010
MAYOR ’S OR COUNCIL’S MESSAGE
On behalf of the involved citizens and the Fountain Hills Town Council, I am pleased to
introduce the Town of Fountain Hills Strategic Plan 2010.
From its earliest beginnings, Fountain Hills has grounded the vision for its future on the
input and aspirations of its citizens. In 2004-2005, the first strategic plan was crafted over
an 18 month process involving thousands of hours of work with volunteer professionals and
the input of more than 2,000 residents and stakeholders. This first formal Plan for the
future of Fountain Hills called for the creation of the Strategic Planning Advisory
Commission (SPAC) to assure that the annual goals and priorities set by Council and Town
Staff were consistent with the Strategic Plan, and to provide on-going education and
public dialogue opportunities.
In early 2009, the SPAC began the process of gathering public input to update the Plan’s
vision, confirm residents’ values, and create a fresh structure for the Strategic Plan
revision. Subsequently, the Strategic Plan 2010 is built upon the foundation of a clearly
defined vision statement and eight key values, with specific indicators to evaluate staff
and Council priorities. Based on citizen input, Strategic Plan is designed to guide our
future decisions grounded on these common values:
• Civility
• Civic Responsibility
• Environmental Stewardship
• Economic Vitality
• Education, Learning and Culture
• Maintain and Improve Community Infrastructure
• Public Safety, Health and Welfare
• Recreational Opportunities and Amenities
Strategic Plan 2010 honors and continues the Fountain Hills tradition of citizen-driven
planning. Some of the goals will span decades, so it is essential that the updated Plan
provides both long-range direction to achieve our vision yet have the flexibility to
implement the latest and best technologies and strategies as opportunities arise.
Fountain Hills is truly the best place to live in Arizona, and we are confident that the
Strategic Plan provides the roadmap for an even better future for our Town. Thanks to all
who participated in this essential part of our culture of planning, and for your efforts to
ensure a bright future for the Town of Fountain Hills.
Mayor Jay Schlum
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Fountain Hills Strategic Plan 2010
STRATEGIC PLAN 2010
Process
Fountain Hills developed its first strategic plan in 2005 through a citizen-driven
planning process. Strategic Plan 2006-2010 outlined strategic priorities for
implementation through 2010. The original strategic plan also established the
Strategic Planning Advisory Commission (SPAC), a Council-appointed body intended
to foster implementation of the strategic plan.
At the beginning of 2009, SPAC recognized the need to update the strategic plan.
In the spring, SPAC Commissioners initiated a reconnaissance effort to learn from
the public and stakeholders the successes of the original strategic planning effort
and to identify opportunities for the update. SPAC met in a joint session with
Council to present a public participation plan to update the strategic plan that
would maintain the culture of citizen involvement, but that was economically
prudent.
Council endorsed and SPAC led the four-phased program:
Phase I: Strategic Plan Audit (Working Paper I: Strategic Plan Gap Analysis)
Phase II: Visioning (Working Paper II: Visioning Report)
Phase III: Construction (Draft Strategic Plan 2010)
Phase IV: Plan Adoption (Adopted Strategic Plan 2010)
Over the course of ten months, SPAC facilitated the following activities:
• Organized a Planning Team to monitor its progress at key milestones
• Met with dozens of organizations and social groups
• Solicited feedback online and using paper feedback forms
• Invited the public to join in discussing the future desires for our community
at Issue Forums
• Met with Town Council and each Town Commission
• Spent a day at Fountain Hills High School and asked children at the Boys &
Girls Club what they want for the future
• Met and worked with all of Town’s professional staff
• Held traditional public meetings and communicated through area
newspapers.
In total, the process included the contributions and discussions from approximately
2,000 people and resulted in a more focused vision for the Town’s future built
upon our core values. While specific implementation strategies will be developed
annually through Council’s goal setting activities and the budget process, progress
towards achieving the vision will be monitored through performance measures.
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Fountain Hills Strategic Plan 2010
How will the Strategic Plan be used?
A successful strategic plan is one that is integrated into the daily operations of an
organization. In a municipal setting, staff and partner organizations use the
strategic plan to develop proposals and initiatives that implement elements of the
strategic plan; Council uses the strategic plan to evaluate all proposals.
While a full update of a strategic plan is recommended periodically (every five
years), the strategic plan should be reviewed annually and adjustments made as
necessary. The following cycle outlines the annual use of the strategic plan:
Annual
Strategic
Planning
Process
Fall
• SPAC reviews previous fiscal year achievements, recommends any potential
strategic plan revisions to Council, and provides recommendations for
future goals/action plan
• Council considers revisions to strategic plan
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Fountain Hills Strategic Plan 2010
• Council sets annual goals
Winter
• Staff outlines annual action plan based on Council goals
Spring
• Council passes budget based on action plan
Summer
• Staff monitors implementation of strategic plan
• Staff develops annual achievements report reflecting implementation of the
strategic plan (based on previous year budget/action plan/goals)
Strategic Plan Format
The foundation of the strategic plan is the citizen-crafted vision and values. The
decisions of Town Council and its partners should all work towards achieving the
future vision while honoring the Towns’ values.
Focus Areas
The eight community-driven values serve as the ‘focus areas’ for the Town’s
strategic direction. By design, the strategic plan does not address all of the
Town’s core functions and activities nor will the strategic plan serve as the only
tool used to allocate resources or to evaluate programs.
Each focus area is constructed in the following manner:
nWhy this is important: A statement describing the
value identified by the public and what challenges or
concerns the focus area is intended to address.
oPledge: A statement of commitment or ‘pledge’ to
our community.
pStrategic Directions: These are guiding principles
identified to achieve the pledge and ultimately,
fulfill the vision. These are intended to provide
guidance to Town leaders; staff and Town partners
will develop more specific ‘tactical’ actions (see:
Idea Box).
qKey Performance Questions: These are high-level
questions used to identify what measures have been
taken each year to forward the strategic direction. Answers to these questions
will serve as a tool in reporting annual accomplishments.
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Fountain Hills Strategic Plan 2010
Idea Box
While the strategic plan itself is intended to provide broad strategic guidance,
each year Council will provide more specific direction on its annual course which
will be used by staff to develop an action plan. The action plan will outline
specific initiatives, strategies and projects Council and its partners pursue that
year to implement the strategic plan and to realize the community vision.
Through the planning process, residents, stakeholders and staff generated
numerous ideas as to how the Town can implement portions of the strategic plan.
The Idea Box section of the plan is a collection of these specific ideas offered and
is reflective of public feedback received. These ideas are presented neither with
endorsement nor evaluation by the Town. The Idea Box is intended to serve as a
repository of tools and activities that can be considered to build the Town’s annual
action plan.
The Idea Box is in no way inclusive of all potential implementation strategies;
SPAC encourages Town leaders, residents, partners, stakeholders, and staff to
continue to build this coffer of ideas, and employ as appropriate.
Foundation for Success: Financial Sustainability
The fundamental element of the Town’s continued success is its financial health
and security. The Town of Fountain Hills General (operating) Fund is fueled
primarily through two revenue sources: local sales taxes and state shared
revenues. Fountain Hills already has one of the highest combined sales tax rates
in Arizona (8.9%). State shared revenues are those that state government
allocates to towns and cities based on each municipalities relative share of total
population. As Fountain Hills reaches build-out, Town revenue streams will
continue to diminish as sales tax and permit fees from new construction dwindle
and communities within Arizona grow at a faster pace than Fountain Hills, and
thus, taking a higher percentage of state shared revenues.
The Strategic Plan 2006-2010 warned that continued reliance on these diminishing
revenue sources would impact the Town. As such, the first strategic priority
outlined as part of Strategic Plan 2006-2010 was “Government Financial Stability”
specifically directing Council to resolve the Town’s projected long-term revenue
shortfall by December 31, 2007. As part of that effort, SPAC led a citizen-driven
“Revenue Solutions” process in 2007 to thoroughly analyze potential revenue
alternatives and recommend a course of action. In 2008, voters soundly rejected
the proposed solution that would have instituted a local primary property tax to
reduce the Town’s reliance on sales taxes while lowering the sales tax rate.
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Fountain Hills Strategic Plan 2010
The concerns about the Town vulnerability to an economic downturn were
enunciated during the Strategic Plan 2006-2010 effort and those concerns have
now been validated at a greater magnitude than predicted five years ago.
The current economic recession has magnified the impact of the Town’s
unbalanced fiscal portfolio. High unemployment rates, home foreclosures and the
crash of the construction industry have led to reduced spending statewide and a
lowering of revenues to almost all government agencies in Arizona. The State of
Arizona is even threatening to siphon off other locally-shared revenues as it tries
to close its deficit of over $1 billion.
Everyone has tightened belts. The Town’s fiscal year (FY) 2005-2006 General
(operating) Fund revenues were $17.2 million. Currently, Town Staff is preparing
General (operating) Fund budget for FY 2010-2011 of approximately $13 million.
In five years the Town’s revenues have dropped by nearly 25% (or over $4
million). This drop in revenue has translated into service delivery impacts
including program cuts, staffing reductions and very concerning deferrals of
infrastructure maintenance.
Residents identified the Town’s fiscal sustainability as the Strategic Plan 2006-
2010’s key focus. As we started this process, residents and stakeholders reminded
us again that a financially healthy community is fundamental to our vitality and
frankly, our survival. Five years later and without a resolution to the Town’s
revenue shortfall, we are now faced with the reality that non-essential services
might be eliminated, including the operation of our beloved Fountain.
The Town’s current lack of financial stability will make implementing the strategic
plan difficult. This will ultimately result in the citizen-defined vision and values
being compromised. As such, it is the principal recommendation of the strategic
plan that Council re-initiate a process to review and recommended a financing
structure and implement policies by which the Town’s financial sustainability
can be achieved.
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Fountain Hills Strategic Plan 2010
VISION AND VALUES
Our Vision
Fountain Hills is a distinctive community designed to invigorate the body, mind
and spirit, and strives to:
• Be stewards of this unique enclave, dedicated to preserving the
environment and visual aesthetic and to living in balance with the Sonoran
Desert;
• Champion the diversity of experiences our residents bring to our community
and rely on this depth of experience to innovatively address our challenges;
• Be economically sustainable and anchor our vitality in an active, vibrant
town core that serves us culturally, socially and economically; and,
• Be civic-minded and friendly, taking responsibility for our Town’s success by
building partnerships and investing our talent and resources.
Our Values
• Civility
• Civic Responsibility
• Environmental Stewardship
• Economic Vitality
• Education, Learning and Culture
• Maintain and Improve Community Infrastructure
• Public Safety, Health and Welfare
• Recreational Opportunities and Amenities
Page 9
Fountain Hills Strategic Plan 2010
CIVILITY
Why is this important?
Residents value the friendly atmosphere in Fountain Hills; they love running into
neighbors on a walk and being greeted by name at area merchants. Residents also
value civility—while we encourage lively debate and engagement on a range of
issues, we also expect to be treated with respect. Our community is one that
values kindness and we should strive to celebrate and build from our differences
instead of finding ways to fragment ourselves and politicize the issues facing our
community.
Our Pledge
Build a community in which all can feel valued, welcome and as though they
belong.
Strategic Directions
C 1
Practice the art of civility in all public settings and encourage those
around you to do the same.
C 2 Support community events and activities that create opportunities to
build community and friendship.
C 3 Genuinely solicit and consider public and stakeholder feedback as part of
the decision-making process.
C 4 Be the friendliest place in the Valley.
Key Performance Questions
• What is the overall atmosphere at public meetings and gatherings?
• Did we support events and activities that build community and friendship?
• Can we make connections between public and stakeholder feedback and the
decisions that have been made?
• Have we made positive strides in establishing Fountain Hills’ reputation as
the friendliest place in the Valley?
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Fountain Hills Strategic Plan 2010
CIVIC RESPONSIBILITY
Why is this important?
With today’s demands on peoples’ time, it is a challenge to find ways to keep
individuals engaged in their community. We live in a special place and to keep it
that way will take more than just the local government. It will take the individual
and collective commitment of residents and the business community.
The interaction of working, retired and winter residents, youth, and government
strengthens our community. We value volunteers and encourage involvement at
all levels because it builds partnerships and invests talent and resources in our
Town.
Our Pledge
Take responsibility for our community’s future and foster opportunities for all
residents to participate fully in our community through accessible, responsive
leadership.
Strategic Directions
CR 1 Foster an environment of accessible, responsive governance.
CR 2 Discover, recognize and utilize the talents of our citizens and use these
assets to address community needs.
CR 3 Foster a culture of public service and volunteerism.
CR 4 Implement a comprehensive communications plan to encourage informed
citizen participation in civic life.
CR 5 Support and develop programs that educate and involve our youth in
community governance.
CR 6 Evaluate customer satisfaction with Town services on a regular basis and
implement appropriate service improvements.
CR 7 Communicate the role of local government and clearly define the trade-
offs between service levels and amenities and the associated costs so
residents can make informed choices.
Key Performance Questions
• Have we improved government accessibility, responsiveness and service?
• Have we enabled our citizens to be critical thinkers and problem solvers in
addressing community issues?
• Have we expanded our public service and volunteer base?
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Fountain Hills Strategic Plan 2010
• Have we raised awareness in the community regarding the town’s
operations?
• Have we effectively involved youth in community governance?
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Fountain Hills Strategic Plan 2010
ENVIRONMENTAL STEWARDSHIP
Why is this important?
The community highly values both the small town atmosphere and the natural
beauty of Fountain Hills. That combination is what differentiates us—what makes
the Town unique. We are not just a small town, but a small town in a beautiful
Sonoran desert setting. Much of the “beauty” is due to natural conditions: the
desertscape, undulating topography, mountain views, big skies, star-filled nights.
Our Pledge
Preserve the natural beauty that surrounds us and protect it so future generations
can enjoy it.
Strategic Directions
ES 1 Educate residents about our environment to increase awareness and
promote stewardship.
ES 2 Protect and enhance natural infrastructure, including native vegetation,
terrain and open space.
ES 3 Explore and implement new technologies and opportunities that will
minimize noise, air and light pollution and reduce energy consumption.
ES 4 Promote water conservation and identify ways to use this precious desert
resource wisely.
ES 5 Protect selected view sheds from development and other manmade
obstructions.
ES 6 Improve access to the Sonoran Desert experience.
Key Performance Questions
• Have we expanded environmental education efforts?
• Have we maintained and effectively implemented policies to protect the
community’s natural beauty and resources?
• Have we improved connections between people and the Sonoran Desert?
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Fountain Hills Strategic Plan 2010
ECONOMIC VITALITY
Why is this important?
Economic vitality is the primary tenant of the strategic plan because it is
fundamental to all other projects, processes and goals for our future. The state's
economic recovery will be gradual (at best) over the next decade and simply
increasing retail commerce from all possible sources will not be sufficient to
maintain the Town's aging infrastructure and provide recreation programs and
amenities and public safety services at their present levels. The state’s budget
woes and imminent decrease in financial support to the Town will require Fountain
Hills to identify funding mechanisms to allow our community to control its own
destiny.
With that being said, the health of the local business community is still an integral
part of economic vitality. Fountain Hills will require the implementation of
business strategies that increase the number of “feet on the street”: more
employees, visitors, and most of all, more citizens patronizing our businesses.
Implementation of the Downtown Vision Master Plan will advance the “Urban
Village” concept, wherein more residents are able to live, work and play in
Fountain Hills. In the process, we will need to identify and attract specific niche
industries that employ skilled workers as well as businesses that supply the needs
that residents are now leaving the area to satisfy.
An additional challenge for the Town is the discrepancy between the number of
“households” and the number of households with residents who are here for the
majority of the year. As our present economic model depends heavily on sales
taxes, attention must be paid to positioning Fountain Hills as the best suburb for
families, with family growth supporting our schools, our multi-generational image,
and the year-round collection of sales taxes in our retail and restaurant venues.
This growth model should also support the Visitor's Bureau outreach to broaden the
number of longer term seasonal visitors who contribute far more to our economic
base than “day trippers.”
Our Pledge
Maintain a strong commitment to financial stability and local control and promote
economic growth that leverages Fountain Hills’ assets by building a dynamic,
diverse economy that supports our community’s needs and promotes successful
businesses.
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Fountain Hills Strategic Plan 2010
Strategic Directions
EV 1 Develop a comprehensive economic development strategy for the Town’s
future and work with our partners to forward economic growth and
awareness.
EV 2 Develop and maintain a balanced, equitable, sustainable and local
financing structure to support the Town’s core government services at
desired service levels.
EV 3 Promote a mixed use core where residents can live, work, learn and play
in an urban village setting, as depicted in the Downtown Area Specific
Plan (Downtown Vision Master Plan).
EV 4 Promote retention, expansion and relocation of quality businesses.
EV 5 Promote Fountain Hills as a visitor destination.
EV 6 Identify a slate of economic development tools and strategies (including
tax incentives, fee abatements, etc.) to stimulate economic growth.
EV 7 Identify areas for redevelopment, revitalization or reuse.
EV 8 Promote unique and vibrant neighborhood and business districts.
Key Performance Questions
• Has progress been made in implementing a comprehensive economic
strategy?
• Are our core services reliably funded?
• What steps have been taken to develop the central business district?
• Have we maintained a strong support system for local businesses?
• What new businesses have come to Fountain Hills?
• Have we brought more visitors to the community and provided more
opportunities for them to spend money?
• Are local businesses investing in themselves?
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Fountain Hills Strategic Plan 2010
EDUCATION, LEARNING AND CULTURE
Why is this important?
We place a high degree of importance on providing quality, continuing educational
opportunities for all and access to fine art and cultural amenities. Whether
preparing our youth for a competitive workplace, supporting those needing to
retool and transition, or enriching and expanding the experiences of our residents
and visitors, quality education and cultural assets are not simply amenities, but
priorities.
While the town does not directly provide educational opportunities and many of
the cultural amenities will be provided by others, it serves a key role in building
partnerships that support the community’s values in this area.
Our Pledge
Support quality, lifelong learning opportunities and cultural assets that enrich our
lives.
Strategic Directions
ELC 1 Partner with Fountain Hills’ schools and other institutions to develop
quality educational programming and opportunities.
ELC 2 Support partners in providing arts and cultural opportunities and
amenities.
ELC 3 Promote and celebrate cultural diversity.
ELC 4 Position the community’s arts and cultural businesses, venues and
amenities as economic drivers integrated into the town’s comprehensive
economic strategy.
ELC 5 Encourage access to higher learning opportunities or the establishment of
an educational or training campus within our community.
Key Performance Questions
• Have educational opportunities been expanded and student performance
improved?
• Have arts and cultural opportunities and amenities been
improved/expanded?
• Have arts and culture played a greater role in enhancing the local economy?
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Fountain Hills Strategic Plan 2010
MAINTAIN AND IMPROVE COMMUNITY
INFRASTRUCTURE
Why is this important?
Fountain Hills is a beautiful place, but like everything else, it is aging. A
significant amount of the community's infrastructure is reaching its fourth decade
and the bill is coming due. Maintaining the building blocks of the community –
basic services like water, sewer, stormwater, electricity, telecommunications and
transportation - and protecting the community's investments and amenities is
critical to the success of Fountain Hills. While the Town of Fountain Hills is not
directly responsible for all of these tasks, it is the governmental body representing
the Town's residents and businesses to ensure quality service and upkeep of local
infrastructure.
The tasks that the Town is directly responsible for (maintaining community
buildings and parks and recreation facilities, along with road, sidewalk,
landscaping and trail maintenance) must be carefully planned and systematically
and reliably funded. The most visible infrastructure is within the Town’s control
and is essential for our movement in and around Town. Well maintained streets
are essential to not only the community's image, but can lower the need for very
costly reconstruction as the system and community age.
Our Pledge
Maintain and improve our infrastructure to ensure a high quality living experience,
enhance economic opportunities, and support and protect property values and
community investments.
Strategic Directions
I 1 Maintain a 5-year capital improvements plan that includes programmed
maintenance projects.
I 2 Lower the reliance on state revenues by developing a locally controlled,
reliable funding source for infrastructure maintenance.
I 3 Maintain a current condition assessment of all roadways and sidewalks
and prioritize and implement maintenance efforts to minimize costly
reconstruction.
I 4 Partner with local civic and social organizations to assist in amenity
upkeep and maintenance.
I 5 Explore ways to reduce wear and tear on the transportation system
including transit options and limiting of truck traffic.
Page 17
Fountain Hills Strategic Plan 2010
I 6 Coordinate closely with downtown development efforts to ensure
adequate infrastructure is planned and amenities identified and
programmed.
I 7 Maintain an up-to-date impact fee structure and equitable development
agreements to ensure new growth is not a burden on existing residents
and businesses.
I 8 Periodically meet with other community service providers to do joint
planning and ensure that service providers can accommodate new
customers resulting from growth without compromising service levels to
existing residents and businesses.
I 9 Build a protected fund to finance the major periodic maintenance of
community buildings, parks and the fountain.
Key Performance Questions
• Have we enhanced our infrastructure maintenance and financial planning?
• Have we effectively enlisted the assistance of community organizations and
entities in maintaining our amenities?
• Have we strategically invested in infrastructure improvements that will spur
economic growth?
• Have service levels been maintained across providers/clients?
Page 18
Fountain Hills Strategic Plan 2010
PUBLIC SAFETY, HEALTH AND WELFARE
Why is this important?
Safety, health and welfare are typically the highest priorities of citizens. While the
public sector cannot give complete assurance that it can protect people in
absolute terms, it plays a major role toward achieving that goal through such
approaches as regulation, public/private partnerships and government investment.
Resource depletion, pollution and a declining quality of life erodes our feeling of
safety and security, and diminishes our quality of life and overall welfare.
Our Pledge
Protect the health and safety of our community and promote a high quality life.
Strategic Directions
P 1 Promote and enhance community-based partnerships in crime
prevention, fire and emergency preparedness.
P 2 Reduce risk and increase safety through ‘community policing’ and
community-based fire prevention programs.
P 3 Ensure appropriate service levels for public safety.
P 4 Explore health and welfare opportunities, including the creation of a
small hospital or a niche health-related service cluster.
P 5 Support health and wellness instruction throughout the community.
Key Performance Questions
• Has collaboration among public safety providers, citizens and neighborhoods
been improved?
• Have we effectively monitored the desired public safety service levels of
residents?
• Have health and wellness facilities and programs been expanded?
Page 19
Page 20
Fountain Hills Strategic Plan 2010
RECREATIONAL OPPORTUNITIES AND AMENITIES
Why is this important?
Recreational activities are key elements of our community. A community that
plays together stays together! The maintenance of a wide variety of recreation
opportunities for all ages is important to our overall quality of life. Recreational
activities, programs and facilities also assist in the relief of stress and the
promotion of health. We want to be the most fun, fit and friendly community in
the Valley!
Our Pledge
Make Fountain Hills a pedestrian- and bicycle-friendly community by contributing
to healthy lifestyles, providing recreational and physical exercise opportunities to
citizens, and taking advantage of Fountain Hills’ closeness to the Sonoran Desert.
Strategic Directions
R 1 Offer a wide range of cost-effective and accessible programs and services
for all ages to promote a healthy and active community.
R 2 Provide an interconnected, multi-use trail, sidewalk and bicycle system
that promotes active living, physical activity, education and appreciation
of our parks and natural resources.
R 3 Support local organizations in providing affordable quality programs to
promote recreational, sports, fitness and wellness programs for all ages.
R 4 Support community events and activities that create opportunities to
build community and neighborhood identity.
Key Performance Questions
• Have we improved choices and access for recreation activities?
• Have we improved our trail and bicycle system?
• Are our recreational activities and community events promoting community
cohesiveness?
APPENDIX
Idea Box
An evolving collection of ideas and initiatives that, with appropriate
research and analysis, could forward the strategic plan and help
realize the community’s vision. Civility Civic Responsibility Environmental Stewardship Economic Vitality Education, Learning and Culture Maintain and Improve Infrastructure Public Safety, Health and Welfare Recreational Opportunities and Amenities Partner with Boys & Girls Club and other agencies to host a National Night Out
program ● ● ●
Establish an adopt a grandparent program to provide winter visitors and
retirees a sense of a “home away from home” ● ●
Host a volunteer fair where potential volunteers are matched with
organizations needing assistance. ● ●
Host a bi-annual community-wide garage sale ● ●
Host an annual Make a Difference Day where volunteers complete small jobs
to promote facility maintenance and upkeep of amenities. ● ● ●
Draft a Code of Civility or civility pledge that all Council members and
Commissioners sign at the beginning of service. ● ●
Conduct a comprehensive leadership training for Council, Commissions and
other community leaders covering the basics of managing public meetings,
Roberts Rules of Order, etc.
● ●
Expand the Neighborhood Watch program to every street in Fountain Hills ● ● ●
Host good neighbor day, encouraging residents to meet their neighbors ● ●
Foster a mentorship program that matches talents and experiences of our
retired and professional residents with the ambitions of our youth ● ●
Establish a greeting campaign by which residents greet others (such as “Isn’t it
a great day in Fountain Hills?” or “How’s Fountain Hills treating you today?”) ●
Establish a parkette near the corner of Shea Boulevard and SR 87 for
residents and travelers to stop, picnic or stretch enroute to/from The Rim ●
Establish an ambassadors program whereby volunteers of all ages serve as
Town greeters and assist visitors and residents ● ● ●
Host a camping night event where residents camp at Fountain Park and attend
lakeside programs on the history can culture of our Town and region and
participate in recreational games and activities
● ●
Facilitate a social services audit to identify the scope of social services
provided by area agencies/organizations to evaluate Town service provisions ● ● ●
Provide an incentive for front porch additions to promote a sense of community
and neighborly activity ●
Appendix 1
Appendix 2
Idea Box
An evolving collection of ideas and initiatives that, with appropriate
research and analysis, could forward the strategic plan and help
realize the community’s vision. Civility Civic Responsibility Environmental Stewardship Economic Vitality Education, Learning and Culture Maintain and Improve Infrastructure Public Safety, Health and Welfare Recreational Opportunities and Amenities Draft Commission Charters to articulate the mission, purpose, roles and
responsibilities of each town-endorsed commission or committee ●
Partner with other service providers to host a touch a truck day allowing
residents to meet staff and learn about services and equipment ● ● ● ● ● ●
Create a Community Enrichment Commission ● ● ●
Conduct citizen satisfaction survey ●
Establish a citizens academy that teaches residents about service delivery and
community governance ●
Sponsor a This Fountain Hills Life video program where short clips are
submitted that explore the history of the community and its people, introduce
residents to areas of Town, or provide insight into an interesting topic to be
published on Channel 11
● ●
Expand “adopt-a-…” programs, encouraging citizen stewardship of community
assets. ● ●
Establish a Fountain Hills Utility Coalition where community service providers
(including Chaparral City Water Company, Fountain Hills Sanitary District, Salt
River Project, Town of Fountain Hills, Qwest Communications, Cox
Communications and others) periodically meet to discuss issues and
developments that impact service delivery
● ●
Expand tree canopy to increase amount of shade ● ● ● ●
Conduct an open space and trails master plan ● ● ● ●
Use effluent as water source for fountain and water features around Town ● ●
Maintain a single-source refuse and recycling collection service ● ●
Install low level lighting on pathway around Fountain Lake ● ●
Host an annual economic summit of the Town’s neighbors and partners to
focus regional and local economic growth strategies ●
Maintain an online accessible catalogue of available rental space at
Community Center, Fountain Park and sports fields/facilities and market
opportunities
●
Work with partners on a branding campaign to establish Fountain Hills as “not
just a pretty place” ●
Help identify a dedicating funding mechanism for Fountain Hills & Fort
McDowell Visitors Bureau ●
Develop with partners an economic development plan that identifies target
industries/drivers and articulates a comprehensive economic development
strategy
●
Appendix 3
Idea Box
An evolving collection of ideas and initiatives that, with appropriate
research and analysis, could forward the strategic plan and help
realize the community’s vision. Civility Civic Responsibility Environmental Stewardship Economic Vitality Education, Learning and Culture Maintain and Improve Infrastructure Public Safety, Health and Welfare Recreational Opportunities and Amenities Initiate Lakeside District implementation highlighted in the Downtown Vision
Master Plan ●
Implement districting as outlined in the Downtown Area Specific Plan through
ordinance/zoning or other regulatory measure ● ●
Establish a Saguaro Corridor Redevelopment District to evaluate land use
and redevelopment opportunities ● ●
Provide drinking fountains at our parks and public spaces ● ● ● ●
Develop a turnkey business relocation and expansion program, targeting
key businesses and opportunities ●
Develop a marketing and promotion strategy for high-end, seasonal visitors ●
Explore establishing a public safety district ●
Conduct a comprehensive user fee analysis to ensure market competitiveness ●
Empower a citizen-based Town Finance Blue Ribbon Committee to review
and recommend a financing structure to ensure long-term financial sustainability ●
Explore with the Fort McDowell Yavapai Nation the establishment of an Arizona
Indian History and Cultural center and visitor destination ● ●
Develop a single community activities and events calendar to showcase
Town, partner and regional activities and to serve as a clearinghouse to
communicate opportunities
● ● ●
Provide kiosks at Fountain Park to inform visitors of Town attractions and
activities ● ●
Partner with VFW and other organizations to host a “Freedom Series”
highlighting individuals that have contributed to democratic freedom ●
Provide multigenerational programming at the Community Center so that it is
utilized by residents of all ages. ● ●
Partner with Native American communities and educational institutions and host
an annual Tribal Cultural Day to learn more about the history and culture of
Arizona Tribes
●
Evaluate whether a strategy to seek an educational or trade school
institution is a viable strategy to pursue for the community ● ●
Expand River of Time Museum to include other institutions or disciplines ●
Support the development of a substance abuse education program ● ●
Support the development of a domestic violence outreach program ● ●
Appendix 4
Idea Box
An evolving collection of ideas and initiatives that, with appropriate
research and analysis, could forward the strategic plan and help
realize the community’s vision. Civility Civic Responsibility Environmental Stewardship Economic Vitality Education, Learning and Culture Maintain and Improve Infrastructure Public Safety, Health and Welfare Recreational Opportunities and Amenities Use roundabouts and other traffic control methods to minimize need for traffic
signals ● ●
Explore establishing a trolley service to connect residents to key Town activity
centers ●
Explore future connection to the Valley light rail system ●
Provide free Wi-Fi access downtown and in Fountain Park ● ●
Expand sidewalk and pathway network in Town Center through use of grants
and partnerships ● ● ●
Incorporate medians and other narrowing measures on overly-wide streets
to improve safety and reduce roadway maintenance ● ●
Host multigenerational fitness activities monthly to bring residents together
and to foster a culture of wellness ● ● ●
Establish a comprehensive Safe Routes to School program, including
establishing a weekly walk/bike to school day ● ● ●
Develop a community health directory ●
Establish a wellness lecture circuit, building relationships with educational
institutions and health providers to provide seminars on important topics ●
Investigate a dedicated health and wellness cable channel or programming ●
Establish a Health and Wellness Commission ●
Create a Wellness Newsletter ●
Maintain a Health and Wellness library collection ●
Establish an aquatic center and activity as a recreational and wellness
amenity for residents ● ●
Study the impacts of expanding the trail network through passive, non-paved
trails in selected Town washes ●
Expand bike path network through painting or providing dedicated lanes ● ●
Partner with McDowell Mountain Regional Park to provide joint park recreation
and educational programming ● ●
Establish a summit trailhead at the end of Eagle Ridge Drive ●
Incorporate fitness stations into sidewalk/pathway design ● ●
1102254.2
RESOLUTION NO. 2010-10
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, GRANTING AN ACCESS EASEMENT TO
BRIAN SCHADER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That an access easement through, over, under and across a parcel of certain
real property, generally located north of Paradox Drive, is hereby granted to Brian Schader, in
the form attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to take all steps and to execute all documents
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,
May 20, 2010.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney
1102254.2
EXHIBIT A
TO
RESOLUTION NO. 2010-10
[Access Easement Agreement]
See following pages.
1101911.3
When Recorded Mail To:
Town Clerk
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
ACCESS EASEMENT AGREEMENT
GRANTOR: The Town of Fountain Hills, an Arizona municipal corporation
GRANTEE: Brian Schader
THIS EASEMENT IS EXEMPT FROM RECORDING FEE
AND AFFIDAVIT OF VALUE PURSUANT TO A.R.S. § 11-1134(A)(2).
THIS ACCESS EASEMENT AGREEMENT (this “Agreement”) is entered into
, 2010, by and between the Grantor and Grantee for the purposes set forth
below.
RECITALS
A. The Grantor and Grantee desire to enter into this Agreement for Grantor to grant
to the Grantee a non-exclusive, continuous and perpetual easement (the “Easement”) over certain
real property, as more particularly described and depicted in Exhibit A, attached hereto and
incorporated herein by reference (the “Easement Area”), for full and free pedestrian and
vehicular ingress and egress over, across and upon the Easement Area, subject to the
reversionary interests to the Grantor as set forth below.
B. The Grantor is the record owner of the described property and has full authority to
grant the Easement to the Grantee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference and the mutual covenants set forth below, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee, his successors
and assigns, the continuous and perpetual easement through, over, upon, in, across and along the
Easement Area for the benefit of the Grantee, his successors, assigns, heirs, executors or personal
representatives, tenants, lessees, guests, invitees, or the guests or invitees of the tenants, for the
purpose of full and free pedestrian and vehicular ingress and egress related to necessary access to
buildings on Grantee’s property.
1101911.3
2
2. Reversion. In the event that the Grantee (i) records a document to formally
abandon use of the Easement granted herein, (ii) abandons or removes buildings on the lot for
which the Easement is used for access, or (iii) fails to make such improvements as required by
subsections 3.2, 3.3 and 3.4 below, all of the Grantee’s rights hereunder shall cease and shall
revert to Grantor.
3. Maintenance and Use of the Easement. Grantor shall not maintain the Easement
Area in a manner that impairs the ability or capacity of the Grantee to fully utilize the Easement.
3.1 Grantor shall not construct, install or place, or permit to be constructed,
installed or placed upon the property described herein any fence, wall, structure or other
improvement which shall interfere with or impede the Grantee’s access to the Easement or the
Grantee’s right to maintain the Easement Area; provided, however, that gating on the driveway
access to the rear of the lot (subject to a Town Encroachment Permit for that work), will be allowed
as long as a Knox lock (or Knox Box) is provided for Fire Department and utility provider access.
3.2 The Grantee shall, at his sole expense, not later than six months from the
date of recording of this Agreement, grade or otherwise improve or cause to be improved the
surface of the Easement Area described herein to facilitate the Grantee’s right of ingress and egress
thereto and to ensure that the Easement Area meets the requirements of the Fountain Hills Town
Code and State statutes with respect to dust-proof materials to be used for any driveway or parking
area.
3.3 Grantee shall obtain an Easement Abandonment from the Grantor and public
utilities (or remove the encroaching features) within the 20’ public utility easement/drainage
easement at the rear of Plat 506B, Block 1, Lot 59.
3.4 Grantee shall scarify and hydro-seed, or otherwise re-vegetate (under an
Encroachment Permit from the Grantor), adjoining disturbed areas on Grantor-owned property
(outside of any finished driveway surfaces and defined access widths needed by the Grantor or
public utilities), not later than six months from the date of recording of this Agreement.
4. No Assignment. Grantee shall have no right or authority to assign, in whole or in
part, any of his rights or obligations under this Agreement, or any portion of this Agreement to
any third party without the prior, written consent of Grantor, which consent may be given or
withheld in Grantor’s sole discretion.
5. Liens and Encumbrances. The Grantee represents and warrants that it will
maintain the Easement Area free and clear from any liens or encumbrances of any nature
whatsoever in connection with Grantee’s construction of improvements on the Easement Area or
the use by Grantee of the Easement Area.
6. Indemnification. Grantee shall, to the extent permitted by law, indemnify and
hold Grantor harmless from any and all damages, costs, expenses, attorney fees, claims or
liabilities arising from or relating to the use of the Easement Area by the Grantee, his successors
in interest, assigns, agents, employees, visitors or invitees. Grantee shall not be entitled to the
1101911.3
3
indemnification provided herein for any damages, costs, expenses, attorneys’ fees, claims or
liabilities to the extent such arise out of a negligent act, omission or willful misconduct of the
Grantee, his officers, employees, agents, contractors, tenants, invitees, licensees or guests.
7. Running of Benefits and Burdens. All provisions of this Agreement, including the
benefits and burdens, run with the land and are binding upon and inure to the assigns, successors
and tenants of the parties hereto.
8. Attorney’s Fees. Either party may enforce this instrument by appropriate legal
action and the prevailing party in such litigation may recover as part of its costs in such action
reasonable attorneys fees and court costs.
9. Additional Easements. Nothing contained in this Agreement shall prohibit Grantor
from conveying additional easements for access, utility or other purposes through, over, under, in,
across and along the Easement Area to owners of properties which abut the Easement Area or to
government or quasi-governmental agencies, provided, however, that no such additional rights or
easements shall impair the use of the Easement herein granted.
10. Entire Agreement. This instrument contains the entire agreement between the
parties relating to the use of the Easement Area for access purposes. Any oral representations or
modifications concerning this instrument shall be of no force or effect, excepting a subsequent
modification in writing, signed by the parties.
11. Cancellation by Town. This Agreement may be cancelled by the Town pursuant to
ARIZ. REV. STAT. § 38-511.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set
forth above.
“Grantor” “Grantee”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
By: By:
Jay T. Schlum, Mayor Brian Schader
ATTEST:
Bevelyn J. Bender, Town Clerk
1101911.3
4
(ACKNOWLEDGMENTS)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on , 2010,
by Jay T. Schlum, the Mayor of the Town of Fountain Hills, an Arizona municipal corporation,
on behalf of the Town of Fountain Hills.
Notary Public in and for the State of Arizona
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on , 2010,
by Brian Schader, in his individual capacity.
Notary Public in and for the State of Arizona
My Commission Expires:
1101911.3
EXHIBIT A
TO
ACCESS EASEMENT AGREEMENT
[Map of Easement Area]
1101945.2
RESOLUTION NO. 2010-09
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ACCEPTING THE DEDICATION OF A
PUBLIC UTILITY AND ACCESS EASEMENT.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. An easement through, over, under and across a parcel of certain real
property, generally located north of Paradox Drive, is hereby accepted by the Town of Fountain
Hills from Brian Schader, in the form attached hereto as Exhibit A and incorporated herein by
reference, for public utility and access purposes.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to take all steps and to execute all documents
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,
May 20, 2010.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney
1101945.2
EXHIBIT A
TO
RESOLUTION NO. 2010-09
[Public Utility and Access Easement Agreement]
See following pages.
1101946.2
When Recorded Mail To:
Town Clerk
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
PUBLIC UTILITY AND ACCESS EASEMENT AGREEMENT
GRANTOR: Brian Schader
GRANTEE: Town of Fountain Hills, an Arizona municipal corporation (the “Town”)
THIS PUBLIC UTILITY AND ACCESS EASEMENT AGREEMENT (this
“Agreement”) is entered into , 2010, by and between the Town and
Grantor for the purposes set forth below.
RECITALS
A. Grantor is the record owner of certain real property at the location described and
depicted on Exhibit A, attached hereto and incorporated herein by this reference (the “Easement
Area”).
B. The Town and Grantor desire to enter into this Agreement for Grantor to grant to
the Town a non-exclusive, continuous and perpetual easement together with the necessary right
of access, ingress and egress over the Easement Area (the “Easement”), for purposes of
installing, operating, inspecting, maintaining, repairing, replacing or removing aboveground and
underground public utility facilities, as more particularly described herein.
C. The Grantor specifically agrees and understands that the Town is not the sole
provider of utilities within Fountain Hills and it is an express purpose of this Agreement to allow
other utility providers to utilize the Easement Area for their respective facilities.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference and the mutual covenants set forth below, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Grant of Easement. Grantor hereby grants and conveys the Easement to the Town
for the purposes of installing, operating, inspecting, maintaining, repairing, replacing or
removing aboveground and underground public utility facilities including, but not limited to
water, sewer, electrical, telecommunications, gas, storm drainage and such other public utility
facilities (the “Facilities”), whether such Facilities are installed, operated, inspected, maintained,
1101946.2
2
repaired, replaced, removed or otherwise owned or controlled by the Town or a utility provider
other than the Town, as may be permitted by law within such Easement.
2. Maintenance of the Easement. Grantor shall not maintain the Easement Area in a
manner that impairs the ability or capacity of the Town or other public utility providers to fully
utilize the Easement. Grantor shall not construct, install or place, or permit to be constructed,
installed or placed upon the Easement Area any fence, wall, structure or other improvement or
obstruction which shall interfere with or impede the Town’s or other public utility providers’
access to the Easement Area or the Town’s right to maintain the Facilities in the Easement. The
Town shall allow reasonable, typical landscaping within the Easement Area, including shrubs,
groundcover and decomposed granite, except in a ten-foot clear zone around any sewer manholes
or clean-out locations.
3. Indemnification. The Town shall, to the extent permitted by law, indemnify and
hold Grantor harmless from any and all damages, costs, expenses, attorney fees, claims or
liabilities arising from or relating to the use of the Easement Area by the Town, its successors in
interest, assigns, agents, employees, visitors or invitees.
4. No Assignment. The Town shall have no right or authority to assign, in whole or
in part, any of its rights or obligations under this Agreement, or any portion of this Agreement to
any third party without the prior written consent of Grantor, which consent shall not be
unreasonably delayed, conditioned or denied. Grantor specifically agrees and understands that it
shall not be deemed an assignment under this Agreement for other utility providers to utilize the
Easement for their respective purposes.
5. Liens and Encumbrances. The Town represents and warrants that it will maintain
the Easement Area free and clear from any liens or encumbrances of any nature whatsoever in
connection with Town’s construction of improvements on the Easement Area or the use by Town
of the Easement Area.
6. Running of Benefits and Burdens. All provisions of this Agreement, including
the benefits and burdens, run with the land and are binding upon and inure to the assigns and
successors and tenants of the parties hereto.
7. Attorneys’ Fees. Either party may enforce this instrument by appropriate legal
action and the prevailing party in such litigation may recover as part of its costs in such action
reasonable attorneys’ fees and court costs.
8. Additional Easements. Nothing contained in this Agreement shall prohibit
Grantor from conveying additional easements for access, utility or other purposes through, over,
under, upon, in, across and along the Easement Area to the owners of properties which abut the
Easement Area or to government or quasi-governmental agencies; provided, however, that no
such additional rights or easement shall impair the Town’s use of the Easement herein granted.
9. Entire Agreement. This instrument contains the entire agreement between the
parties relating to Town’s use of the Easement for Facility installation, operation and
1101946.2
3
maintenance. Any oral representations or modifications concerning this instrument shall be of
no force or effect, excepting a subsequent modification in writing, signed by the parties.
10. Cancellation by Town. This Agreement may be cancelled by the Town pursuant
to ARIZ. REV. STAT. § 38-511 at which time, the Easement shall be extinguished.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set
forth above.
ACCEPTED BY:
“Grantor” “Grantee”
TOWN OF FOUNTAIN HILLS, an Arizona
municipal corporation
By:
Brian Schader Jay T. Schlum, Mayor
ATTEST:
Bevelyn J. Bender, Town Clerk
1101946.2
4
(ACKNOWLEDGMENTS)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on , 2010,
by Brian Schader, in his individual capacity.
Notary Public in and for the State of Arizona
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me , 2010,
by Jay T. Schlum, Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal
corporation, on behalf of the Town of Fountain Hills.
Notary Public in and for the State of Arizona
My Commission Expires:
1101946.2
EXHIBIT A
TO
PUBLIC UTILITY AND ACCESS EASEMENT AGREEMENT
[Map of Easement Area]
See following pages.
1248833.2
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PB AMERICAS, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is made as of
May 20, 2010, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”) and PB Americas, Inc., a New York corporation (the “Consultant”).
RECITALS
A. Pursuant to Section 3-3-10 of the Town Code, the Town may direct select
professional and technical services.
B. The Consultant possesses the specific skill and experience required to perform
design and development services for American Recovery and Reinvestment Act (“ARRA”)
funded pavement preservation projects which meet Arizona Department of Transportation and
Federal Highway Administration ARRA standards and has been pre-qualified by the Arizona
Department of Transportation for such engineering consultant services.
C. The Town desires to enter into an Agreement with the Consultant for design and
development of the Shea Boulevard: Fountain Hills Boulevard to Saguaro Boulevard Pavement
Preservation, Median and Bike Lane Improvement Project (the “Services”).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, the following mutual covenants and conditions, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and the
Consultant hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set
forth above and shall remain in full force and effect until September 30, 2010.
2. Scope of Work. Consultant shall provide the Services as set forth in the Scope
and Fee Proposal, attached hereto as Exhibit A and incorporated herein by reference.
3. Compensation. The Town shall pay Consultant an amount not to exceed
$112,285.00 for the Services, as more particularly set forth in the Scope and Fee Proposal.
4. Payments. The Town shall pay the Consultant monthly, based upon work
performed and completed to date, and upon submission and approval of invoices. All invoices
shall document and itemize all work completed to date. The invoice statement shall include a
record of time expended and work performed in sufficient detail to justify payment.
5. Ownership of Documents. All documents prepared and submitted to the Town by
the Consultant pursuant to this Agreement shall be the property of the Town.
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2
6. Consultant Personnel. Consultant shall provide adequate, experienced personnel,
capable of and devoted to the successful completion of the Services to be performed under this
Agreement. Consultant agrees to assign specific individuals to key positions. If deemed
qualified, the Consultant is encouraged to hire Town residents to fill vacant positions at all
levels. Consultant agrees that, upon commencement of the Services to be performed under this
Agreement, key personnel shall not be removed or replaced without prior written notice to the
Town. If key personnel are not available to perform the Services for a continuous period
exceeding 30 calendar days, or are expected to devote substantially less effort to the Services
than initially anticipated, Consultant shall immediately notify the Town of same and shall,
subject to the concurrence of the Town, replace such personnel with personnel of substantially
equal ability and qualifications.
7. Inspection; Acceptance. All work shall be subject to inspection and acceptance
by the Town at reasonable times during Consultant’s performance. The Consultant shall provide
and maintain a self-inspection system that is acceptable to the Town.
8. Licenses; Materials. Consultant shall maintain in current status all federal, state
and local licenses and permits required for the operation of the business conducted by the
Consultant. The Town has no obligation to provide Consultant, its employees or subcontractors
any business registrations or licenses required to perform the specific services set forth in this
Agreement. The Town has no obligation to provide tools, equipment or material to Consultant.
9. Performance Warranty. Consultant warrants that the Services rendered will
conform to the requirements of this Agreement and to the highest professional standards in the
field.
10. Indemnification. To the fullest extent permitted by law, the Consultant shall
indemnify, defend and hold harmless the Town and each council member, officer, employee or
agent thereof (the Town and any such person being herein called an “Indemnified Party”), for,
from and against any and all losses, claims, damages, liabilities, costs and expenses (including,
but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings)
to which any such Indemnified Party may become subject, under any theory of liability
whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out
of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or
omissions, in connection with the work or services of the Consultant, its officers, employees,
agents, or any tier of subcontractor in the performance of this Agreement. The amount and type
of insurance coverage requirements set forth below will in no way be construed as limiting the
scope of the indemnity in this Section.
11. Insurance.
11.1 General.
a. Insurer Qualifications. Without limiting any obligations or
liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter
stipulated minimum insurance with insurance companies authorized to do business in the State of
Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A-
1248833.2
3
or above with policies and forms satisfactory to the Town. Failure to maintain insurance as
specified herein may result in termination of this Agreement at the Town’s option.
b. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Consultant. The Town reserves the right to review any and all of the insurance policies and/or
endorsements cited in this Agreement but has no obligation to do so. Failure to demand such
evidence of full compliance with the insurance requirements set forth in this Agreement or
failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or
deemed a waiver of, its obligation to maintain the required insurance at all times during the
performance of this Agreement.
c. Additional Insured. All insurance coverage and self-insured
retention or deductible portions, except Workers’ Compensation insurance and Professional
Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims
arising out of the performance of this Agreement, the Town, its agents, representatives, officers,
directors, officials and employees as Additional Insured as specified under the respective
coverage sections of this Agreement.
d. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms of this
Agreement are satisfactorily performed, completed and formally accepted by the Town, unless
specified otherwise in this Agreement.
e. Primary Insurance. Consultant’s insurance shall be primary
insurance with respect to performance of this Agreement and in the protection of the Town as an
Additional Insured.
f. Waiver. All policies, except for Professional Liability, including
Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation)
against the Town, its agents, representatives, officials, officers and employees for any claims
arising out of the work or services of Consultant. Consultant shall arrange to have such
subrogation waivers incorporated into each policy via formal written endorsement thereto.
g. Policy Deductibles and/or Self-Insured Retentions. The policies
set forth in these requirements may provide coverage that contains deductibles or self-insured
retention amounts. Such deductibles or self-insured retention shall not be applicable with respect
to the policy limits provided to the Town. Consultant shall be solely responsible for any such
deductible or self-insured retention amount.
h. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Consultant shall execute written agreements with its subcontractors
containing the indemnification provisions set forth in this Section and insurance requirements set
forth herein protecting the Town and Consultant. Consultant shall be responsible for executing
any agreements with its subcontractors and obtaining certificates of insurance verifying the
insurance requirements.
1248833.2
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i. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Consultant will provide the Town with suitable evidence of insurance in
the form of certificates of insurance and a copy of the declaration page(s) of the insurance
policies as required by this Agreement, issued by Consultant’s insurance insurer(s) as evidence
that policies are placed with acceptable insurers as specified herein and provide the required
coverages, conditions and limits of coverage specified in this Agreement and that such coverage
and provisions are in full force and effect. Confidential information such as the policy premium
may be redacted from the declaration page(s) of each insurance policy, provided that such
redactions do not alter any of the information required by this Agreement. The Town shall
reasonably rely upon the certificates of insurance and declaration page(s) of the insurance
policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any
way the insurance requirements or obligations of this Agreement. In the event any insurance
policy required by this Agreement is written on a “claims made” basis, coverage shall extend for
two years past completion of the Services and the Town’s acceptance of the Consultant’s work
or services and as evidenced by annual certificates of insurance. If any of the policies required
by this Agreement expire during the life of this Agreement, it shall be Consultant’s responsibility
to forward renewal certificates and declaration page(s) to the Town 30 days prior to the
expiration date. All certificates of insurance and declarations required by this Agreement shall
be identified by referencing this Agreement. A $25.00 administrative fee shall be assessed for
all certificates or declarations received without the appropriate reference to this Agreement.
Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted
without referencing this Agreement will be subject to rejection and may be returned or discarded.
Certificates of insurance and declaration page(s) shall specifically include the following
provisions:
(1) The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
(a) Commercial General Liability – Under Insurance
Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.
(b) Auto Liability – Under ISO Form CA 20 48 or
equivalent.
(c) Excess Liability – Follow Form to underlying
insurance.
(2) Consultant’s insurance shall be primary insurance as
respects performance of the Agreement.
(3) All policies, except for Professional Liability, including
Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents,
representatives, officers, officials and employees for any claims arising out of work or
services performed by Consultant under this Agreement.
(4) A 30-day advance notice cancellation provision. If
ACORD certificate of insurance form is used, the phrases in the cancellation provision
“endeavor to” and “but failure to mail such notice shall impose no obligation or liability
1248833.2
5
of any kind upon the company, its agents or representatives” shall be deleted. Certificate
forms other than ACORD form shall have similar restrictive language deleted.
11.2 Required Insurance Coverage.
a. Commercial General Liability. Consultant shall maintain
“occurrence” form Commercial General Liability insurance with an unimpaired limit of not less
than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual
Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising
from premises, operations, independent contractors, products-completed operations, personal
injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy
form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s
clause. To the fullest extent allowed by law, for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited
as an Additional Insured under ISO, Commercial General Liability Additional Insured
Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section
II) is amended to include as an insured the person or organization shown in the Schedule, but
only with respect to liability arising out of “your work” for that insured by or for you.” If any
Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance
shall be “follow form” equal or broader in coverage scope than underlying insurance.
b. Vehicle Liability. Consultant shall maintain Business Automobile
Liability insurance with a limit of $1,000,000 each occurrence on Consultant’s owned, hired and
non-owned vehicles assigned to or used in the performance of the Consultant’s work or services
under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto”
policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for
claims arising out of the performance of this Agreement, the Town, its agents, representatives,
officers, directors, officials and employees shall be cited as an Additional Insured under ISO
Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any
Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance
shall be “follow form” equal or broader in coverage scope than underlying insurance.
c. Professional Liability. If this Agreement is the subject of any
professional services or work, or if the Consultant engages in any professional services or work
adjunct or residual to performing the work under this Agreement, the Consultant shall maintain
Professional Liability insurance covering negligent errors and omissions arising out of the
Services performed by the Consultant, or anyone employed by the Consultant, or anyone for
whose negligent acts, mistakes, errors and omissions the Consultant is legally liable, with an
unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate.
In the event the Professional Liability insurance policy is written on a “claims made” basis,
coverage shall extend for two years past completion and acceptance of the Services, and the
Consultant shall be required to submit certificates of insurance and a copy of the declaration
page(s) of the insurance policies evidencing proper coverage is in effect as required above.
d. Workers’ Compensation Insurance. Consultant shall maintain
Workers’ Compensation insurance to cover obligations imposed by federal and state statutes
having jurisdiction over Consultant’s employees engaged in the performance of work or services
under this Agreement and shall also maintain Employers Liability Insurance of not less than
1248833.2
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$500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy
limit.
11.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or materially change without 30 days’ prior written notice to the Town.
12. Applicable Law; Venue. In the performance of this Agreement, Consultant shall
abide by and conform to any and all laws of the United States, State of Arizona and Town of
Fountain Hills, including but not limited to, federal and state executive orders providing for
equal employment and procurement opportunities, the Federal Occupational Safety and Health
Act and any other federal or state laws applicable to this Agreement. This Agreement shall be
governed by the laws of the State of Arizona and suit pertaining to this Agreement may be
brought only in courts in the State of Arizona.
13. Termination; Cancellation.
13.1 For Town’s Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause after receipt by Consultant of written notice
by the Town. Upon termination for convenience, Consultant shall be paid for all undisputed
services performed to the termination date.
13.2 For Cause. This Agreement may be terminated by either party upon 30
days’ written notice should the other party fail to substantially perform in accordance with this
Agreement’s terms, through no fault of the party initiating the termination. In the event of such
termination for cause, payment shall be made by the Town to the Consultant for the undisputed
portion of its fee due as of the termination date.
13.3 Due to Work Stoppage. This Agreement may be terminated by the Town
upon 30 days’ written notice to Consultant in the event that the Services are permanently
abandoned. In the event of such termination due to work stoppage, payment shall be made by
the Town to the Consultant for the undisputed portion of its fee due as of the termination date.
13.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ.
REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further
obligations by the Town or any of its departments or agencies if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the
Town or any of its departments or agencies is, at any time while the Agreement or any extension
of the Agreement is in effect, an employee of any other party to the Agreement in any capacity
or a Consultant to any other party of the Agreement with respect to the subject matter of the
Agreement.
13.5 Gratuities. The Town may, by written notice to the Consultant, cancel this
Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Consultant or any
agent or representative of the Consultant to any officer, agent or employee of the Town for the
purpose of securing this Agreement. In the event this Agreement is cancelled by the Town
pursuant to this provision, the Town shall be entitled, in addition to any other rights and
remedies, to recover or withhold from the Consultant an amount equal to 150% of the gratuity.
1248833.2
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13.6 Agreement Subject to Appropriation. The provisions of this Agreement
for payment of funds by the Town shall be effective when funds are appropriated for purposes of
this Agreement and are actually available for payment. The Town shall be the sole judge and
authority in determining the availability of funds under this Agreement and the Town shall keep
the Consultant fully informed as to the availability of funds for the Agreement. The obligation
of the Town to make any payment pursuant to this Agreement is a current expense of the Town,
payable exclusively from such annual appropriations, and is not a general obligation or
indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the
amounts as set forth in this Agreement during any immediately succeeding fiscal year, this
Agreement shall terminate at the end of then-current fiscal year and the Town and the Consultant
shall be relieved of any subsequent obligation under this Agreement.
14. Miscellaneous.
14.1 Independent Contractor. The Consultant acknowledges and agrees that the
Services provided under this Agreement are being provided as an independent contractor, not as
an employee or agent of the Town. Consultant, its employees and subcontractors are not entitled
to workers’ compensation benefits from the Town. The Town does not have the authority to
supervise or control the actual work of Consultant, its employees or subcontractors. The
Consultant, and not the Town, shall determine the time of its performance of the services
provided under this Agreement so long as Consultant meets the requirements of its agreed scope
of work as set forth in Section 2 above. Consultant is neither prohibited from entering into other
contracts nor prohibited from practicing its profession elsewhere. Town and Consultant do not
intend to nor will they combine business operations under this Agreement.
14.2 Laws and Regulations. The Consultant shall keep fully informed and shall
at all times during the performance of its duties under this Agreement ensure that it and any
person for whom the Consultant is responsible remains in compliance with all rules, regulations,
ordinances, statutes or laws affecting the Services, including the following: (a) existing and
future Town and County ordinances and regulations, (b) existing and future state and federal
laws and (c) existing and future Occupational Safety and Health Administration (“OSHA”)
standards.
14.3 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Consultant.
14.4 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in the Agreement will be read and enforced as though it were
included herein and, if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party, the Agreement will promptly be
physically amended to make such insertion or correction.
14.5 Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid by a Court of competent jurisdiction shall not
affect any other provision or application of the Agreement which may remain in effect without
the invalid provision or application.
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8
14.6 Relationship of the Parties. It is clearly understood that each party will act
in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of
the other. An employee or agent of one party shall not be deemed or construed to be the
employee or agent of the other for any purpose whatsoever. The Consultant is advised that taxes
or Social Security payments will not be withheld from any Town payments issued hereunder and
Consultant agrees to be fully and solely responsible for the payment of such taxes or any other
tax applicable to this Agreement.
14.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter, and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain
meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting
the Agreement. The parties acknowledge and agree that each has had the opportunity to seek
and utilize legal counsel in the drafting of, review of, and entry into this Agreement.
14.8 Assignment. No right or interest in this Agreement shall be assigned by
Consultant without prior, written permission of the Town signed by the Town Manager and no
delegation of any duty of Consultant shall be made without prior, written permission of the Town
signed by the Town Manager. Any attempted assignment or delegation by Consultant in
violation of this provision shall be a breach of this Agreement by Consultant.
14.9 Subcontracts. No subcontract shall be entered into by the Consultant with
any other party to furnish any of the material or services specified herein without the prior
written approval of the Town. The Consultant is responsible for performance under this
Agreement whether or not subcontractors are used.
14.10 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or
the Town’s acceptance of and payment for services, shall not release the Consultant from any
responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
14.11 Attorneys’ Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’
fees and reasonable costs and expenses, determined by the court sitting without a jury, which
shall be deemed to have accrued on the commencement of such action and shall be enforced
whether or not such action is prosecuted through judgment.
1248833.2
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14.12 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
14.13 Offset.
a. Offset for Damages. In addition to all other remedies at law or
equity, the Town may offset from any money due to the Consultant any amounts Consultant
owes to the Town for damages resulting from breach or deficiencies in performance or breach of
any obligation under this Agreement.
b. Offset for Delinquent Fees or Taxes. The Town may offset from
any money due to the Consultant any amounts Consultant owes to the Town for delinquent fees,
transaction privilege taxes and property taxes, including any interest or penalties.
14.14 Notices and Requests. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if (a) delivered to the party at the address set forth below, (b) deposited in the U.S.
Mail, registered or certified, return receipt requested, to the address set forth below, (c) given to a
recognized and reputable overnight delivery service, to the address set forth below or (d)
delivered by facsimile transmission to the number set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Facsimile: (480) 837-3145
Attn: Richard L. Davis, Town Manager
With copy to: GUST ROSENFELD, P.L.C.
201 East Washington Street, Suite 800
Phoenix, Arizona 85004-2327
Facsimile: (602) 340-1538
Attn: Andrew J. McGuire, Esq.
If to Consultant: PB Americas, Inc.
1501 West Fountainhead Parkway, Suite 400
Tempe, Arizona 85282
Facsimile: (480) 966-9234
Attn: Rebecca Fly, P.E., Project Manager
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (a) when delivered to the party, (b) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage, (c) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day, or
(d) when received by facsimile transmission during the normal business hours of the recipient. If
a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
1248833.2
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refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
14.15 Confidentiality of Records. The Consultant shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
employees, except as required to perform Consultant’s duties under this Agreement. Persons
requesting such information should be referred to the Town. Consultant also agrees that any
information pertaining to individual persons shall not be divulged other than to employees or
officers of Consultant as needed for the performance of duties under this Agreement.
14.16 Records and Audit Rights. Consultant’s and its subcontractor’s books,
records, correspondence, accounting procedures and practices, and any other supporting
evidence relating to this Agreement, including the papers of any Consultant and its
subcontractors’ employees who perform any work or Services pursuant to this Agreement to
ensure that the Consultant and its subcontractors are complying with the warranty under
subsection 14.17 below (all the foregoing hereinafter referred to as “Records”), shall be open to
inspection and subject to audit and/or reproduction during normal working hours by the Town, to
the extent necessary to adequately permit (1) evaluation and verification of any invoices,
payments or claims based on Consultant’s and its subcontractors’ actual costs (including direct
and indirect costs and overhead allocations) incurred, or units expended directly in the
performance of work under this Agreement and (2) evaluation of the Consultant’s and its
subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection
14.17 below. To the extent necessary for the Town to audit Records as set forth in this
subsection, Consultant and its subcontractors hereby waive any rights to keep such Records
confidential. For the purpose of evaluating or verifying such actual or claimed costs or units
expended, the Town shall have access to said Records, even if located at its subcontractors’
facilities, from the effective date of this Agreement for the duration of the work and until three
years after the date of final payment by the Town to Consultant pursuant to this Agreement.
Consultant and its subcontractors shall provide the Town with adequate and appropriate
workspace so that the Town can conduct audits in compliance with the provisions of this
subsection. The Town shall give Consultant or its subcontractors reasonable advance notice of
intended audits. Consultant shall require its subcontractors to comply with the provisions of this
subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
14.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT.
§ 41-4401, the Consultant and its subcontractors warrant compliance with all federal
immigration laws and regulations that relate to their employees and compliance with the E-verify
requirements under ARIZ. REV. STAT. § 23-214(A). Consultant’s or its subcontractor’s failure to
comply with such warranty shall be deemed a material breach of this Agreement and may result
in the termination of this Agreement by the Town.
14.18 Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35-
391.06 and 35-393.06, the Consultant certifies that it does not have a scrutinized business
operation in Sudan or Iran. For the purpose of this subsection the term “scrutinized business
operations” shall have the meanings set forth in ARIZ. REV. STAT. § 35-391 or 35-393, as
applicable. If the Town determines that the Consultant submitted a false certification, the Town
1248833.2
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PB AMERICAS, INC.
[Scope and Fee Proposal]
See following pages.