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HomeMy WebLinkAbout082009PZ:\Council Packets\2009\R8-20-09\090820A.docx Last printed 8/19/2009 2:58 PM Page 1 of 4 REVISED: 8-19-09 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, AUGUST 20, 2009 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 Vice Mayor Mike Archambault Councilmember Ginny Dickey Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Dennis Contino Councilmember Henry Leger Z:\Council Packets\2009\R8-20-09\090820A.docx Last printed 8/19/2009 2:58 PM Page 2 of 4 REGULAR SESSION  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum  INVOCATION – Member of the Baha’i Faith Community Church  ROLL CALL – Mayor Schlum  MAYOR’S REPORT - (i) Mayor Schlum will read a proclamation declaring September 17, 2009 “Constitution Commemoration Day”.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Financial update for the fiscal year ended June 30, 2009, by Deputy Town Manager Julie Ghetti 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 August 6, 2009. 2. CONSIDERATION for approving RESOLUTION 2009-30, abandoning whatever right, title, or interest the Town has in portions of the certain Public Utility and Drainage Easements located at the northwesterly property line of Plat 428, Block 2, Lot 83 (16406 E. Bradford Drive) as recorded in Book 155 of Maps, Page 19, Records of Maricopa County, Arizona. EA09-05 (Gusmano) 3. CONSIDERATION for approving RESOLUTION 2009-32, abandoning whatever right, title, or interest the Town has in portions of the certain Public Utility and Drainage Easements located at the northerly and easterly property lines of Plat 204, Block 9, Lot 9 (11059 N. Valley Drive) as recorded in Book 142 of Maps, Page 10, Records of Maricopa County, Arizona. EA09-06 (Nagle) 4. CONSIDERATION of approving a FINAL PLAT for a LOT DIVISION at 16206 E. Sawik Circle, aka Plat 203, Block 9, Lot 2. (APN 176-03-281) Case# S2009-02 5. CONSIDERATION of approving an EXTENSION OF PREMISE APPLICATION, submitted by John Vincent Giger (Fountini’s Bar and Grill), located at 13407 N. La Montana Drive, Fountain Hills, AZ. Z:\Council Packets\2009\R8-20-09\090820A.docx Last printed 8/19/2009 2:58 PM Page 3 of 4 6. CONSIDERATION of approving the ACQUISITION OF CONTROL AND AGENT CHANGE LIQUOR LICENSE APPLICATION to Sheila Overall, for the Holiday Inn located at 12800 N. Saguaro Boulevard, Fountain Hills, AZ. 7. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Youn Hwa Leavitt (Katana Sushi & Grill), located at 16425 E. Palisades Blvd., #103, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 8. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION, submitted by Jerold Lane Miles (Fountain Hills & Lower Verde Valley Museum and Historical Society) for the purpose of a fundraising event, located at 13001 N. La Montana, Fountain Hills, AZ, that is scheduled to be held on September 16, 2009, from 6:00 p.m. to 10:00 p.m. 9. CONSIDERATION of approving RESOLUTION 2009-33, declaring as a public record that certain document filed with the Town Clerk and entitled the “2009 Amendments to the Tax Code of the Town of Fountain Hills.” 10. CONSIDERATION of approving Ordinance 09-10, relating to the privilege license tax; adopted “the 2009 Amendments to the Tax Code of the Town of Fountain Hills” by reference; establishing an effective date; providing for severability and providing penalties for violations. REGULAR AGENDA 11. CONSIDERATION of SPECIAL EVENTS being coordinated by the Town of Fountain Hills Parks and Recreation Department: the MOVIE IN THE PARK (September 12, 2009); BALLET UNDER THE STARS (September 24, 2009); the HOMECOMING PARADE (September 30, 2009); and the HOMECOMING TAILGATE PARTY (October 2, 2009). Saguaro Boulevard will be closed from Avenue of the Fountain to Palisades Boulevard from 5:00 p.m. – 9:00 p.m. for the Movie in the Park and the Ballet Under the Stars events. Sections of Avenue of the Fountains and Paul Nordin Parkway will be closed from 3:30 p.m. to 7:00 p.m. for the Homecoming Parade. 12. CONSIDERATION of a SPECIAL EVENT APPLICATION for the Oktoberfest presented by the Town of Fountain Hills, Southwest German Society, Sons of AMVETS, and the Fountain Hills Elks Lodge #2846 to be held in Fountain Park on September 25-26, 2009; and will require closure of Saguaro Boulevard north of Avenue of the Fountains to Palisades Boulevard from 3-11 p.m. each day. 13. CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE application submitted by Samuel Coffee (Sons of AMVETS) for the Oktoberfest event to be held in Fountain Park on September 25 and 26, 2009, from 5-10 p.m. each day. 14. CONSIDERATION of RESOLUTION 2009-25, an intergovernmental agreement with Valley Metro Regional Public Transportation Authority to provide special transportation services to the Town of Fountain Hills, not to exceed $70,500, for the period from July 1, 2009 to June 30, 2010. 15. CONSIDERATION of RESOLUTION 2009-31, approving an intergovernmental agreement among Arizona municipalities and the League of Arizona Cities and Towns to establish a database for sharing the results of E-verify audits. Z:\Council Packets\2009\R8-20-09\090820A.docx Last printed 8/19/2009 2:58 PM Page 4 of 4 16. CONSIDERATION of ORDINANCE 09-09, amending the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-10, Development Fees, relating to adjustments to development fees for the Town of Fountain Hills. 17. CONSIDERATION of approving the installation of TWO SPEED HUMPS in Courtside Villas Development, one on Sterling Way and one on Kings Way. 18. CONSIDERATION of PROPOSED STRATEGY, specific to the utilization of the America Reinvestment and Recovery Act (ARRA) transportation funds allocated to the Town by the Maricopa Association of Governments (MAG), and POSSIBLE DIRECTION TO STAFF. 19. 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. 20. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager. 21. ADJOURNMENT. DATED this 14th day of August, 2009 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. Z:\Council Packets\2009\R8-20-09\090820A.docx Last printed 8/19/2009 2:58 PM Page 1 of 4 REVISED: 8-19-09 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, AUGUST 20, 2009 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 Vice Mayor Mike Archambault Councilmember Ginny Dickey Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Dennis Contino Councilmember Henry Leger Z:\Council Packets\2009\R8-20-09\090820A.docx Last printed 8/19/2009 2:58 PM Page 2 of 4 REGULAR SESSION  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum  INVOCATION – Member of the Baha’i Faith Community Church  ROLL CALL – Mayor Schlum  MAYOR’S REPORT - (i) Mayor Schlum will read a proclamation declaring September 17, 2009 “Constitution Commemoration Day”.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Financial update for the fiscal year ended June 30, 2009, by Deputy Town Manager Julie Ghetti 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 August 6, 2009. 2. CONSIDERATION for approving RESOLUTION 2009-30, abandoning whatever right, title, or interest the Town has in portions of the certain Public Utility and Drainage Easements located at the northwesterly property line of Plat 428, Block 2, Lot 83 (16406 E. Bradford Drive) as recorded in Book 155 of Maps, Page 19, Records of Maricopa County, Arizona. EA09-05 (Gusmano) 3. CONSIDERATION for approving RESOLUTION 2009-32, abandoning whatever right, title, or interest the Town has in portions of the certain Public Utility and Drainage Easements located at the northerly and easterly property lines of Plat 204, Block 9, Lot 9 (11059 N. Valley Drive) as recorded in Book 142 of Maps, Page 10, Records of Maricopa County, Arizona. EA09-06 (Nagle) 4. CONSIDERATION of approving a FINAL PLAT for a LOT DIVISION at 16206 E. Sawik Circle, aka Plat 203, Block 9, Lot 2. (APN 176-03-281) Case# S2009-02 5. CONSIDERATION of approving an EXTENSION OF PREMISE APPLICATION, submitted by John Vincent Giger (Fountini’s Bar and Grill), located at 13407 N. La Montana Drive, Fountain Hills, AZ. Z:\Council Packets\2009\R8-20-09\090820A.docx Last printed 8/19/2009 2:58 PM Page 3 of 4 6. CONSIDERATION of approving the ACQUISITION OF CONTROL AND AGENT CHANGE LIQUOR LICENSE APPLICATION to Sheila Overall, for the Holiday Inn located at 12800 N. Saguaro Boulevard, Fountain Hills, AZ. 7. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Youn Hwa Leavitt (Katana Sushi & Grill), located at 16425 E. Palisades Blvd., #103, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 8. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION, submitted by Jerold Lane Miles (Fountain Hills & Lower Verde Valley Museum and Historical Society) for the purpose of a fundraising event, located at 13001 N. La Montana, Fountain Hills, AZ, that is scheduled to be held on September 16, 2009, from 6:00 p.m. to 10:00 p.m. 9. CONSIDERATION of approving RESOLUTION 2009-33, declaring as a public record that certain document filed with the Town Clerk and entitled the “2009 Amendments to the Tax Code of the Town of Fountain Hills.” 10. CONSIDERATION of approving Ordinance 09-10, relating to the privilege license tax; adopted “the 2009 Amendments to the Tax Code of the Town of Fountain Hills” by reference; establishing an effective date; providing for severability and providing penalties for violations. REGULAR AGENDA 11. CONSIDERATION of SPECIAL EVENTS being coordinated by the Town of Fountain Hills Parks and Recreation Department: the MOVIE IN THE PARK (September 12, 2009); BALLET UNDER THE STARS (September 24, 2009); the HOMECOMING PARADE (September 30, 2009); and the HOMECOMING TAILGATE PARTY (October 2, 2009). Saguaro Boulevard will be closed from Avenue of the Fountain to Palisades Boulevard from 5:00 p.m. – 9:00 p.m. for the Movie in the Park and the Ballet Under the Stars events. Sections of Avenue of the Fountains and Paul Nordin Parkway will be closed from 3:30 p.m. to 7:00 p.m. for the Homecoming Parade. 12. CONSIDERATION of a SPECIAL EVENT APPLICATION for the Oktoberfest presented by the Town of Fountain Hills, Southwest German Society, Sons of AMVETS, and the Fountain Hills Elks Lodge #2846 to be held in Fountain Park on September 25-26, 2009; and will require closure of Saguaro Boulevard north of Avenue of the Fountains to Palisades Boulevard from 3-11 p.m. each day. 13. CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE application submitted by Samuel Coffee (Sons of AMVETS) for the Oktoberfest event to be held in Fountain Park on September 25 and 26, 2009, from 5-10 p.m. each day. 14. CONSIDERATION of RESOLUTION 2009-25, an intergovernmental agreement with Valley Metro Regional Public Transportation Authority to provide special transportation services to the Town of Fountain Hills, not to exceed $70,500, for the period from July 1, 2009 to June 30, 2010. 15. CONSIDERATION of RESOLUTION 2009-31, approving an intergovernmental agreement among Arizona municipalities and the League of Arizona Cities and Towns to establish a database for sharing the results of E-verify audits. Z:\Council Packets\2009\R8-20-09\090820A.docx Last printed 8/19/2009 2:58 PM Page 4 of 4 16. CONSIDERATION of ORDINANCE 09-09, amending the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-10, Development Fees, relating to adjustments to development fees for the Town of Fountain Hills. 17. CONSIDERATION of approving the installation of TWO SPEED HUMPS in Courtside Villas Development, one on Sterling Way and one on Kings Way. 18. CONSIDERATION of PROPOSED STRATEGY, specific to the utilization of the America Reinvestment and Recovery Act (ARRA) transportation funds allocated to the Town by the Maricopa Association of Governments (MAG), and POSSIBLE DIRECTION TO STAFF. 19. 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. 20. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager. 21. ADJOURNMENT. DATED this 14th day of August, 2009 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. Fiscal Update FYE June 30, 2009 Prepared by: Julie A. Ghetti, MPA, CPA August 20, 2009 FY08-09 COMES TO A CLOSE FY08-09 was a year of economic challenges The Town made decisions early to meet those challenges Although FY08-09 ended with a positive fund balance the road ahead is still uncertain August 20, 2009 YEAR ENDING 6/30/2009 All Funds Fund Beginning Fund Balance Revenues Expenditures Ending Fund Balance General $6.6M $15.0M $14.9M $ 6.7M Streets $0.4M $ 1.8M $ 2.0M $ 0.2M Economic Development $0.9M $ 0.3M $ 0.2M $ 1.0M Development Fees $2.3M $ 0.1M $ 0.1M $ 2.3M Debt Service $1.2M $ 3.1M $ 3.1M $ 1.2M Capital Projects $9.9M $ 1.4M $ 3.5M $10.4M August 20, 2009 GENERAL FUND Fiscal Year Ending 6/30/2009 August 20, 2009 General Fund Revenues 2 Year Comparison 0.92932387 FY08Actual $16,674,408 M FY09 Actual $15,001,513 M FY09 Budget $16,142,395 M FYE 6/30/2009 Down by $1.7M August 20, 2009 FY07-08 FY08-09 Difference State Sales Tax $2.3M $1.9M $0.4M State Income Tax $3.4M $3.7M $0.3M Vehicle License Tax $1.0M $0.9M $0.1M Local Sales Tax $7.5M $6.8M $0.7M Building Permits $0.7M $0.3M $0.4M Other $1.8M $1.3M $0.5M August 20, 2009 GENERAL FUND REVENUES Fiscal Year Ending 6/30/2009 August 20, 2009 GENERAL FUND Fiscal Year Ending 6/30/2009 General Fund Expenditures Actual to Budget FYE 6/30/2009 FY08Actual $16,694,748 M FY09 Actual $14,888,913 M FY09 Budget $16,142,395 M Under by $1.3M LOCAL SALES TAX COLLECTIONS Fiscal Year Ending 6/30/2009 August 20, 2009 SUMMARY We continue to monitor revenues to ensure that no expenditures are authorized without adequate resources to pay for them Mid year adjustments to the budget may have to be made if revenues continue to decline August 20, 2009 Questions? August 20, 2009 Special EventsSeptember & October 2009 Moviein the ParkSaturday,September 12, 2009SunsetFountain Park •Walt Disney’s ‘Bolt’•First Disney movie to be shown as part of the ongoing series.•Animated films appeal to most families. Movie Highlights•Movies fully funded by sponsorships from local businesses•Parks and Recreation Commissioner and local realtor Natalie Varela is responsible for securing sponsors and marketing.  Good job Natalie!•Saguaro Blvd. will be closed from Avenue of the Fountains to Palisades Blvd. from 5‐9 p.m.•Food vendor will be at the event for last minute snacks. Ballet Underthe StarsThursday,September 24, 20097:00 p.m.Fountain Park •This is fourth year Ballet Arizona has performed at Fountain Park.•Fountain Hills is the first of four FREE performances for the 2009 Ballet Under the Stars series.•Saguaro Blvd. will be closed from Avenue of the Fountains to Palisades Blvd. from 5‐9 p.m. OktoberfestFriday & Saturday,September 25‐26, 20095:00‐10:00 p.m.Fountain Park •This is the second year of the re‐organized celebration at Fountain Park.•The event is presented by the Town of Fountain Hills, Southwest German Society, AMVETS Post 7, and the Fountain Hills Elks Lodge #2846.•Special Event Liquor Application submitted by Sam Coffee of the Sons of AMVETS. Oktoberfest HighlightsyFamily event with activities for kids and adults.yNon‐stop music with Guggenbach Buam from Germany and a local polka band.yAuthentic German food and beer, including brats, sauerkraut, potato salad, and strudel; Warsteiner beer.yProceeds will benefit the presenting organizations and their charities.ySaguaro Blvd. will be closed from Avenue of the Fountains to Palisades Blvd. from 3‐11 p.m. each day. Homecoming ParadeThursday,September 30, 20095:30‐6:30 p.m.Avenue of the Fountains •This is only the second Homecoming Parade in Fountain Hills.•The Town of Fountain Hills Parks and Recreation Staff, as well as several other departments, are working with the Falcon Athletic Boosters on the parade.•This year, it is anticipated that there will be as many as 25‐30 entries in the parade comprised of high school and community organizations. Parade HighlightsyThe Town will be providing in‐kind support through staff support, traffic control and street closures.yThe Avenue of the Fountains will be closed from Saguaro Blvd. to La Montana Dr. from 3:30‐7 p.m.yFloats and entries will be staged on Verde River Drive / Paul Nordin Parkway, which will also be closed.yTown Center merchants encouraged to get involved by decorating store windows and holding sidewalk sales on Wednesday during parade and Friday the day of the football gameyResidents are encouraged to come out and show their community spirit and bring their “Falcon Pride” Homecoming TailgatePartyFriday,October 2, 20095:00 –7:00 p.m.Golden Eagle Park •Presented by Parks and Recreation and the Boys and Girls Club•DJ, food and beverages, contests, inflatable games, and more•Residents are encouraged to come out and show their community spirit and bring their “Falcon Pride”•Homecoming Football Game begins immediately afterwards at 7:00 p.m.•Fountain Hills Falcons vs. Show Low Cougars Town of Fountain HillsStrategic PlanThese events help to achieve…yTown of Fountain Hills Strategic Priority to “strengthen small town identity.” yTown Council’s goal to “maintain and promote our small town character by enhancing public/private collaborations to promote new and improve existing special events.”  Questions? 1084330.1 RESOLUTION NO. 2009-25 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY FOR BUS TRANSIT SERVICE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the intergovernmental agreement between the Town of Fountain Hills and the Regional Public Transportation Authority for bus transit service (the “Agreement”) to is hereby approved 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 necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, August 20, 2009. 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 1084330.1 EXHIBIT A TO RESOLUTION NO. 2009-25 [Intergovernmental Agreement] See following pages. 1051911.3 AGREEMENT NO. 124-48-2010 INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY AND THE TOWN OF FOUNTAIN HILLS (Funding Agreement – Special Transportation Services 09-10) THIS INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is made and entered into this 20th day of August, 2009, by and between the Regional Public Transportation Authority, a public agency duly organized and existing under the laws of the State of Arizona (hereinafter referred to as the “RPTA”) and the Town of Fountain Hills, a municipal corporation duly organized and existing under the laws of the State of Arizona (hereinafter referred to as the “TOWN”). RECITALS WHEREAS, the RPTA is a political subdivision of the State of Arizona, i.e., a public improvement district, established for the purpose of planning and providing public transportation services ARIZ. REV. STAT. §48-5102. WHEREAS, the RPTA is authorized to contract for the provision of public transportation services pursuant to ARIZ. REV. STAT. §§ 48-5122 and 48-5123. WHEREAS, the TOWN is authorized to contract for the provision of public transportation services pursuant to the Fountain Hills Town Code and ARIZ. REV. STAT. § 11-952. WHEREAS, the TOWN requires certain paratransit and related passenger assistance services for its citizens. WHEREAS, effective June 30, 2009, Maricopa County terminated the contract for the delivery of Special Transportation Services program (the “STS Program”), and the RPTA has agreed to provide similar service pursuant to the terms of this Agreement; WHEREAS, the TOWN and the RPTA entered into that certain Memorandum of Understanding, dated July 1, 2009, on a temporary basis, in order to outline and summarize the parties’ obligations with respect to the uninterrupted continuation of the provision of paratransit and related passenger assistance services to TOWN citizens (the “MOU”). WHEREAS, the RPTA is currently under an existing contract with Total Transit, Inc., an Arizona corporation, to provide fixed route and a deviated fixed route (combination fixed & paratransit route) transportation services. 1051911.3 2 WHEREAS, the RPTA has authority pursuant to its procurement rules and regulations to amend its contract with Total Transit, Inc. to provide paratransit and passenger assistance services to the TOWN’s citizens (the “Services”). WHEREAS, the TOWN has been authorized by its TOWN Council and RPTA has been authorized by its Board of Directors to enter into this Agreement. WHEREAS, the sums set forth herein have been approved for disbursement in TOWN’s and RPTA’s annual budgets. WHEREAS, the TOWN and the RPTA desire to enter into this Agreement to set forth their respective rights and obligations with respect to the implementation of the Services. NOW, THEREFORE IT IS AGREED by and between the parties, as follows: SECTION 1. UNDERTAKINGS OF THE PARTIES. A. TOWN’s Obligations. TOWN shall: 1. Through the Transportation services contract awarded by RPTA to Total Transit, the TOWN will participate in the Special Transportation Services program, previously administered by Maricopa County. RPTA is assuming responsibility for this program effective July 1, 2009. The RPTA, through its Contractor, will be responsible for administering a transportation program that provides limited transportation, free of charge, for designated residents of the TOWN. 2. The TOWN’s Volunteer Coordinator shall approve and designate each passenger receiving paratransit services administered by the RPTA and the TOWN’s financial responsibility shall extend only to those passengers referred to RPTA by the TOWN’s Volunteer Coordinator. 3. The TOWN shall designate “allowed trips” for each passenger. Reservations for “allowed trips” for designated persons shall be made at least one day in advance of service. 4. In exchange for the Services, the TOWN shall pay RPTA monthly for the Services provided at the costs as set forth in the Cost Schedule, attached hereto as Exhibit A and incorporated herein by reference, not to exceed $5,880.00 per month and a total aggregate amount of $70,500.00 over the term of this Agreement, which amounts shall include up to a 5 percent fee for administration services based upon the monthly invoice sent to Town. B. RPTA’s Obligations. RPTA shall: 1. With respect to the STS Program, the RPTA, in consultation with and with the approval of the TOWN, shall: 1051911.3 3 a. Administer the STS Program, which shall provide limited transportation, free of charge, for designated residents of the TOWN. b. Negotiate and coordinate the implementation of any operating agreements. c. Provide the Services directly or contract through a qualified subcontractor (the “Contractor”) for the provision of the Services, subject to available funding pursuant to Section 2.B. The Services shall include door-to-door paratransit and passenger assistance services. d. Provide marketing and merchandising of the Services. e. Draft and secure approval for the annual operating budget. f. Plan for, prepare changes, and amend service specifications. g. Bill TOWN on a monthly basis for transportation services provided to the TOWN's. Specifically, the RPTA shall charge the TOWN for each trip provided to a registered and approved TOWN citizen at the rates set forth in the Cost Schedule attached hereto as Exhibit A. h. Provide professional staff as necessary to plan for, develop, contract for, monitor, and adjust the Services. i. Conduct nationwide background checks of all staff. j. Conduct ADA training of all staff. k. Conduct sensitivity training of all staff. 2. The RPTA and the TOWN may conduct service and financial audits, as required, of the STS Program. 3. The RPTA shall provide written performance reports to the TOWN no later than 30 days following the end of each month during the term of this Agreement. In the event that this Agreement is terminated upon expiration of the Initial Term, defined below, a report detailing the services provided during the month of June 2010 shall be provided to the TOWN no later than July 31, 2010. 4. The reports shall include at a minimum: a. Name of each passenger. b. Number of trips taken by passenger. 1051911.3 4 c. Direct distance of trips by passenger. d. Origin and destination of passengers transported. e. Cost of each trip. f. Pick up and appointment on time percentage. g. Number and classification of complaints. h. No shows, cancel at door, or missed trips (vehicle arrives late and passenger does not go). SECTION 2. STATUTORILY REQUIRED PROVISIONS. A. Duration. This Agreement shall commence on August 20, 2009, and shall terminate on June 30, 2010 (the “Initial Term”), unless terminated earlier by either party pursuant to the terms of this Agreement. Upon expiration of the Initial Term, this Agreement may be extended, upon written agreement of the parties, for four additional one year periods (the “Renewal Terms”). The Initial Term and the Renewal Terms are collectively referred to as the “Term.” B. Budget; Appropriation of Funds. Funding levels for this Agreement shall be determined annually and shall be incorporated into this agreement annually by written amendment. Each year of this Agreement, the budget amount will be based on available funds and the budget will be renegotiated. The provisions of this Agreement for implementation of the Services by both parties shall be effective when funds are appropriated for purposes of this Agreement and are actually available to each party. Each party shall be the sole judge and authority in determining the availability of funds under this Agreement and shall keep the other party fully informed as to the availability of funds for the Services. The obligation of each party to make any payment pursuant to this Agreement is a current expense of each party, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of either party. In the event that insufficient funds are appropriated by either party, either party may reduce payments or terminate this Agreement without further recourse, obligation or penalty to either party. Neither party shall be liable for any purchases or subcontracts entered into by the other party in anticipation of such funding. C. Purpose. The purpose of this Agreement is to set forth the rights and obligations with respect to the provision of the Services. D. Termination. Either party may terminate this Agreement, with or without cause, upon 30 calendar days’ written notice to the other party at the addresses indicated below, and, upon such termination, all property used in connection with this Agreement will be promptly returned to the party holding title thereto. The written notice specified in this subsection shall specify the extent to which performance of work under this Agreement is 1051911.3 5 terminated, and the date upon which such termination becomes effective. Notwithstanding such termination, each party shall be compensated for Services delivered prior to termination E. Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35-391.06 and 35- 393.06, the parties each certify that they do not have scrutinized business operations 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 either party determines that the other party submitted a false certification, the party making such determination may impose remedies as provided by law including terminating this Agreement. SECTION 3. GENERAL PROVISIONS. The following provisions are material and essential to the parties’ entry in to this Agreement. A breach of any of the provisions of this Section shall constitute a material breach of contract: A. Entire Agreement; Modification (No Oral Modification). This Agreement, and any Exhibits, Attachments, or Schedules attached hereto, constitute the full and complete understanding and agreement of the parties. It supersedes and replaces any and all previous representations, understandings, and agreements, written or oral, relating to its subject matter, including the MOU. This Agreement, and its terms, may not be modified or changed except in writing signed by both parties. B. Invalidity of Any Provisions. This Agreement shall remain in full force and effect even if one or more of its terms or provisions have been held to be invalid or unenforceable. Such a holding shall result in the offending term or provision being ineffective to the extent of its invalidity or unenforceability without invalidating the remaining terms and provisions hereof; this Agreement shall thereafter be construed as though the invalid or unenforceable term or provision were not contained herein. C. Applicable Law and Litigation. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Arizona. Any and all litigation between the parties arising from this Agreement shall be litigated solely in the appropriate state court located in Maricopa County, Arizona. D. Conflicts of Interest. All parties hereto acknowledge that this Agreement is subject to cancellation pursuant to the provisions of ARIZ. REV. STAT. § 38-511. E. Non-waiver. Should either party fail or delay in exercising or enforcing any right, power, privilege or remedy under this Agreement such failure or delay shall not be deemed a waiver, release or modification of the requirements of this Agreement or of any of the terms or provisions thereof. 1051911.3 6 F. 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 (1) delivered to the party at the address set forth below, (2) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, (3) given to a recognized and reputable overnight delivery service, to the address set forth below or (4) delivered by facsimile transmission to the number set forth below: If to Fountain Hills: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Richard L. Davis Facsimile: 480-816-5100 With copy to: Gust Rosenfeld, PLC 201 East Washington Street, Suite 800 Phoenix Arizona 85004-2327 Attn: Andrew J. McGuire, Esq. Facsimile: 602-340-1538 If to RPTA: Regional Public Transportation Authority 302 North First Avenue, Suite 700 Phoenix, Arizona 85003 Attn: David Boggs, Executive Director Facsimile: 602-495-0411 With a copy to: Moyes, Sellers & Sims 1850 North Central Avenue, Suite 1100 Phoenix, Arizona 85004 Attn: William J. Sims, Esq. Facsimile: 602-274-9135 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 (1) when delivered to the party, (2) ten business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (3) on the second 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 no later than the second business day or (4) when received by facsimile transmission or e-mail during the normal business hours of the recipient, with proof of delivery. Notice sent by facsimile transmission shall also be sent by regular mail to the recipient at the above address; provided, however, that such duplicate notice shall not change the effective date of the notice sent by facsimile transmission. 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 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. Any time period stated 1051911.3 7 in a notice shall be computed from the time the notice is deemed received. Either party may change its mailing address, FAX number, or the person to receive notice by notifying the other party as provided in this subsection. G. Indemnification. To the extent permitted by law, RPTA agrees to defend, indemnify and hold harmless the Town and any of its agents, officers, employees or directors (irrespective of the termination of this IGA) on a current basis from and against any and all claims, liabilities and causes of action which may be imposed upon, incurred by or asserted against them or any of their agents officers, employees or directors attributable, directly or indirectly, to or arising in any manner by reason of the negligence, error, omission or intentional misconduct of any agent, officer, employee or director of RPTA. RPTA shall pay all claims, losses and costs program of any nature whatsoever (including reasonable attorney’s fees) in connection therewith, and shall pay all costs program and judgments which may issue thereon. In addition, RPTA shall cause the Contractor to defend, indemnify and hold harmless the Town and any of its agents, officers, employees or directors (irrespective of the termination of this IGA) on a current basis from and against any and all claims, liabilities and causes of action which may be imposed upon, incurred by or asserted against them or any of their agents officers, employees or directors attributable, directly or indirectly, to or arising in any manner by reason of the negligence, error, omission or intentional misconduct of any agent, officer, employee or director of the Contractor. RPTA shall cause the Contractor to pay all claims, losses and costs program of any nature whatsoever (including reasonable attorney’s fees) in connection therewith, and shall pay all costs program and judgments which may issue thereon. H. E-Verify, Records and Audits. 1. The Federal Transit Administration (FTA), the Arizona Department of Transportation, the Comptroller General of the United States, RPTA, the TOWN, or any designee shall have access to any books, documents, papers and records which are pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcriptions. All required records shall be maintained for a minimum of three years after all pending matters are closed. 2. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the parties and their respective 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). The parties’ or a subcontractor’s breach of the above-mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement by either party under the terms of this Agreement. The parties each retain the legal right to randomly inspect the papers and records of the other party and the other party’s subcontractors who work under this Agreement to ensure that the other party and its subcontractors are complying with the above- mentioned warranty. The parties warrant to keep their respective papers and records open for random inspection during normal business hours by the other 1051911.3 8 party. The parties and their respective subcontractors shall cooperate with the other party’s random inspections including granting the inspecting party entry rights onto their respective properties to perform the random inspections and waiving their respective rights to keep such papers and records confidential. I. Covenant Against Contingent Fees. Both parties warrant that no person has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of Congress, TOWN Council, the RPTA Board or any employee of TOWN or RPTA, has any interest, financially or otherwise, in this Agreement. J. Alteration in Character of Work. Minor alterations in the character of work shall be authorized in writing by RPTA and acknowledged in writing by the TOWN Manager. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. “Town” “Contractor” TOWN OF FOUNTAIN HILLS, an Arizona REGIONAL PUBLIC, municipal corporation TRANSPORTATION AUTHORITY, an Arizona public agency Richard L. Davis, Town Manager David A. Boggs, Executive Director ATTEST: REVIEWED BY: Bevelyn J. Bender, Town Clerk Jon Medwin, Contracts and Procurement Manager REVIEWED BY: Michael Taylor, Acting Deputy Executive Director Finance 1051911.3 9 INTERGOVERNMENTAL AGREEMENT DETERMINATION In accordance with the requirements of §11-952(D), Arizona Revised Statutes, each of the undersigned attorneys acknowledge: (1) that they have reviewed the above Agreement on behalf of their respective clients; and, (2) that, as to their respective clients only, each attorney has determined that this Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. _________________________________ ________________________________ Andrew J. McGuire, William J. Sims, Esq. Fountain Hills Town Attorney RPTA 1051911.3 EXHIBIT A TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY AND THE TOWN OF FOUNTAIN HILLS [Cost Schedule] See following page. 1051911.3 Route 1 & Rt 1 return Price Cost per Day # of trips per yr Pick up Charge Mileage Charge Subtotal Annual Total Matt Wittman Drop $3.40 260 $884.00 $884.00 Lori Swczyn Drop $28.50 260 $7,410.00 $7,410.00 23.87 Mileage $52.51 $13,653.64 $13,653.64 Total $84.41 $84.41 $21,947.64 Route 2 and Rt 2 return Hank Tufte Drop $3.40 260 $884.00 $884.00 Keith Ostic Drop $3.40 260 $884.00 $884.00 Jeremy Fiorilli Drop $3.40 104 $353.60 $353.60 21.1 Mileage $46.42 $12,069.20 $12,069.20 Total $56.62 $56.62 $14,190.80 Route 4 and Rt 4 return Patt Harman Drop $28.50 156 $4,446.00 $4,446.00 11 Mileage $24.20 $3,775.20 $ 3,775.20 Total $52.70 $52.70 $8,221.20 Route 5 and Rt 5 return Robert Caliguiri Drop $3.40 130 $442.00 $442.00 Patt Harman Drop $28.50 104 $2,964.00 $2,964.00 33 Mileage $72.60 $9,438.00 $ 9,438.00 Total $104.50 $104.50 $12,844.00 Route 5 and Rt 5 return Majorie Koepke Drop $3.40 104 $353.60 $353.60 14 Mileage $30.80 $3,203.20 $ 3,203.20 Total $34.20 $34.20 $3,556.80 Route 6 and Rt 6 return Dawn Talos Drop $28.50 104 $2,964.00 $2,964.00 4 Mileage $8.80 $915.20 $ 915.20 Total $37.30 $37.30 $3,879.20 Route 7 or maybe shared Anthony DeAngelis Drop $28.50 $28.50 36.4 $1,037.40 $1,073.80 11 Mileage $24.20 $880.88 $ 880.88 3 times per month= Total $52.70 $52.70 $1,954.68 0.7 time per week $66,594.32 3 times per month= 0.7 time per week TOWN OF FOUNTAIN HILLSDevelopment Fee UpdateAugust 2009Julie A. Ghetti, MPA, CPADeputy Town Manager TimetablePresentation of Capital Improvement Plan (CIP) with growth related projectsNotice of Intent and Public HearingPublish Notice of Intent in Fountain Hills TimesSeptember 2008April 23, 2009May 6&13, 2009 TimetablePresentation of ReportPublic HearingAdoption of proposed feesEffective date of feesMay 7, 2009July 2, 2009August 2009November 2009 Proposed Fees - ResidentialFee AreaCurrentProposedChangeGeneral Government$993$1,549$556Law Enforcement$472$112($360)Open Space$867$430($437)Parks & Recreation$1,479$2,289$810Streets SF$1,381$5,614$4,233Streets MF$819$3,942$3,123Fire & Emergency$106$207$101Library Museum$174$258$84TOTAL$5,472$10,459$4,987TOTAL MF$4,910$8,787$3,877 Proposed Fees – Non ResidentialFee AreaCurrentProposedChangeGeneral Government$0.622$0.966$0.344Law Enforcement$0.295$0.070($0.225)Streets Commercial$2.227$8.207$5.980Streets Industrial$0.996$1.952$0.956Fire & Emergency$0.066$0.129$0.063TOTAL COMMERCIAL$3.21$9.372$6.162TOTALINDUSTRIAL$1.98$3.117$1.138 Survey of Non-Utility Development Fees Current Fees vs Proposed Fees$30,670$92,571$678,698$1,189,866$1,445,449CurrentProposedDifference5 Year Total Current$4,286,4005 Year Total Proposed$7,723,6545 Year Difference$3,437,25425 Year Difference$~10-$11M 25 Year CIP for GrowthGeneral Government$ 8.2MLaw Enforcement$ 1.7MOpen Space$ 2.5MParks & Recreation$16.9MStreets$26.7MFire & Emergency$ 2.6MLibrary & Museum$ 1.4MTOTAL GROWTH PROJECTS $60.0M Questions?