HomeMy WebLinkAbout11-17-05Document in 11-17-05 binder.obd Page 1 of 3 Last printed 11/10/2005 1:09 PM
NOTICE OF EXECUTIVE AND
REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilman Mike Archambault Councilman Keith McMahan
Councilman John Kavanagh
Councilman Ed Kehe Vice Mayor Jay Schlum
TIME: 5:00 - 6:25 P.M. - EXECUTIVE SESSION
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, NOVEMBER 17, 2005
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
(Executive Session will be held in 2nd floor Conference Room)
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 Council Members. 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.
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• CALL TO ORDER –Mayor Nichols
• ROLL CALL – Mayor Nichols
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §
38-431-03.A.1, for discussion or consideration of employment, assignment, appointment, promotion,
demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee
of any public body, except that, with the exception of salary discussions, an officer, appointee or
employee may demand that the discussion or consideration occur at a public meting. The public
body shall provide the officer, appointee or employee with written notice of the executive session as
is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine
whether the discussion or consideration should occur at a public meeting. (Specifically, review of
Community Center Advisory Commission, Public Safety Advisory Commission, and Parks and
Recreation Commission applications).
2. RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Susan Ducot, Baha’i Faith
• ROLL CALL – Mayor Nichols
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS –
(i) The Mayor will present outgoing Planning and Zoning Commissioner Wayne Tall
with a plaque of appreciation of years of service.
(ii) Presentation of the Town of Fountain Hills’ annual financial report by Carter
Smitherman, with the auditing firm of Cronstrom, Trbovich & Osuch.
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 property noticed for
discussion and legal action. At the conclusion of the call to the public, individual Council members 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
November 3, 2005.
*2.) CONSIDERATION of approving an AMENDED PLAT for Eagle Mountain Parcel 4, Lots 8 and 9,
to Final Plat, Crimson Canyon, Lots 1 and 2. Case#S2005-17.
*3.) CONSIDERATION of approving the PRELIMINARY AND FINAL PLAT for “Sherwood Sunset
Condominiums”, a 2-unit condominium project, located at 14449 Sherwood Drive, aka Plat 104,
Block 12, Lots 5, Case #S2005-18.
*4.) CONSIDER approval of and a location for a donated SCULPTURE to be placed adjacent to Town
Hall in the parking lot of the Community Center under the Public Art Master Plan.
*5.) CONSIDERATION of RESOLUTION 2005-52, amending the Town of Fountain Hills Council
Rules of Procedure relating to the council assessment and review portion of the agenda and the
reference as to the number of boards and commissions individuals may serve on.
*6.) CONSIDERATION of RESOLUTION 2005-63, amending the Council Rules of Procedure,
Section 8, by adopting a Town of Fountain Hills ETHICS POLICY.
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REGULAR AGENDA
7.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths,
weaknesses, and discuss possible improvements for future meetings.
8.) 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.
9.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
10.) ADJOURNMENT.
DATED this 10th day of November, 2005.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: November 17, 2005
Submitting Department: Administration Contact Person: Bender
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other: Draft Meeting Minutes
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES
from November 3, 2005.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Approve the council meeting minutes for archival purposes.
List All Attachments as Follows: Draft minutes
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: November 17, 2005
Submitting Department: Public Works Contact Person: Robert Rodgers
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development Finance
Regular Agenda Wording: *3.) CONSIDERATION of approving the PRELIMINARY AND FINAL
PLAT for “Sherwood Sunset Condominiums”, a 2-unit condominium project, located at 14449 Sherwood Drive,
aka Plat 104, Block 12, Lot 5, Case #S2005-18.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: 2-unit Condominium Plat
List All Attachments as Follows: Staff Report, 2-page plat
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
TOWN OF FOUNTAIN HILLS
PLANNING & ZONING COMMISSION
STAFF REPORT
To: Honorable Mayor & Town Council
Date: November 17, 2005
From: Robert Rodgers, Senior Planner
THR: Richard Turner, Planning & Zoning
Administrator
RE: Case # S2005-18; Preliminary & Final
Plat, Sherwood Sunset Condominiums”
LOCATION: 14449 Sherwood Drive --- Plat 104, Block 12, Lot 5
REQUEST: Consider the “Preliminary & Final Plat, Sherwood Sunset Condominiums”, a 2-unit
condominium project.
DESCRIPTION:
OWNER: Michael D. Isenberg & Jo-Beth Jeffries Isenberg
APPLICANT: Joseph Super, Jr.
EXISTING ZONING: R-2
EXISTING CONDITION: Built
LOT SIZE: 0.28 Acres (12,500 sf)
SURROUNDING LAND USES AND ZONING:
NORTH: Duplex, Zoned “R-2”
SOUTH: Duplex, Zoned “R-2”
EAST: Duplex, Zoned “R-2”
WEST: Duplex, Zoned “R-2”
SUMMARY:
This request is for approval of the “Preliminary & Final Plat, Sherwood Sunset Condominiums”,
Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. This is a
basic division of an existing building and this project does not involve any off-site public
improvements.
The owner has applied to convert a two-unit residential complex and record a Declaration of
Condominium in order to sell the units individually. Unit A contains approximately 1,606 sf of livable
area. Unit B contains approximately 1,345 sf of livable area. Each unit also has a garage, covered
entry, and a patio. The property meets all underlying requirements of the zoning district.
RECOMMENDATION:
The Planning & Zoning Commission voted unanimously to recommend approval.
Staff recommends approval of #S2005-18; Preliminary & Final Plat
Labeled “Final Plat, Sherwood Sunset Condominiums”
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: November 17, 2005
Submitting Department: Administration Contact Person: Pickering
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: CONSIDERATION of RESOLUTION 2005-52, amending the Town of Fountain
Hills Council Rules of Procedure relating to the council assessment and review apportion of the agenda.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: The purpose of this item is to update the Council Rules of
Procedure to establish Section 5.2(7)(G) as an option that may be added to the agenda at the request of a council
member. It is anticipated that this change to the Council Rules of Procedure would expedite the meeting process.
List All Attachments as Follows: Resolution 2005-52
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
615029.1
RESOLUTION NO. 2005-52
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS COUNCIL RULES AND PROCEDURES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
WHEREAS, in an effort to ensure that the business meetings of the Mayor and Council
of the Town of Fountain Hills (the “Town Council”) were conducted in a professional manner,
with courtesy and respect between members of the Town Council and between the Town
Council and the public, the Town Council adopted the Town of Fountain Hills Council Rules of
Procedure (the “Council Rules”) on August 7, 2003; and
WHEREAS, as a part of the adoption of the Council Rules, the Town Council
implemented a regular agenda item entitled “Council Assessment and Review” in order to
allow the members of the Town Council to comment on the success of implementing the
Council Rules for the first time and to allow for suggestions for changes to be made to further
improve the process; and
WHEREAS, the Council Rules have been successfully implemented for more than two
years and the purpose of the regular agenda item for Council Assessment and Review has been
met; and
WHEREAS, the Town Council desires to provide that the Council Assessment and
Review be retained only as an optional agenda item that will be placed on a regular agenda
only at the request of the Mayor or a Council member; and
WHEREAS, the Council Rules were amended on April 7, 2005, to include provisions
relating to boards, commissions and committees, including a provision that citizens not
simultaneously serve as voting members on more than two standing boards, committees or
commissions; and
WHEREAS, the Town Council desires to amend the Council Rules to provide that
citizens not simultaneously serve as voting members on more than one standing board,
committee or commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. The Town of Fountain Hills Council Rules of Procedure, Section 5,
Order of Business, subsection 5.2, Order of Business, is hereby amended as follows:
SECTION 5. ORDER OF BUSINESS
615029.1
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5.2 REGULAR MEETINGS
The Agenda shall be prepared in the following order:
AGENDA
Call To Order & Pledge Of Allegiance
Invocation/Moment of Reflection
Roll Call
Mayor’s Report (including proclamations)
Scheduled Public Appearances/Presentations (if any)
Call to the Public (Non-agenda items) (preceded by the following paragraph)
Pursuant to ARIZ. REV. STAT. § 38-431.01(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 Council members 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 (preceded by the following explanatory paragraph)
All items listed with an asterisk (*) are considered to be routine, non-
controversial matters and will be enacted by one motion and one roll call vote of
the Council. All motions and subsequent approvals of consent items will
include all recommended staff stipulations unless otherwise stated. There will
be no separate discussion of these items unless a Council Member or member of
the public so requests. If a Council Member or member of the public wishes to
discuss an item on the consent agenda, they may request so prior to the motion
to accept the Consent Agenda. The item will be removed from the Consent
Agenda and considered in its normal sequence on the Agenda.
Action Items (grouped by subject to the extent possible)
Council Assessment and Review (IF REQUESTED BY A COUNCIL MEMBER)
Council Discussion/Direction to Town Manager (Items for future Agendas)
Summary of Council Requests by Town Manager
Adjournment
. . . .
G. Council Assessment and Review. IF REQUESTED BY THE MAYOR OR A
MEMBER OF THE COUNCIL PRIOR TO DISTRIBUTION OF AGENDA TO
THE MEMBERS OF THE COUNCIL, THIS SECTION MAY BE INCLUDED ON
THE AGENDA at the conclusion of the Action Items on the Agenda TO ALLOW
Council Members may THE OPPORTUNITY TO offer comments as to procedural
strengths and weaknesses of the process of that COUNCIL MeetingS. Council
Members may offer suggestions to improve the Meeting process in the future.
615029.1
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SECTION 2. The Town of Fountain Hills Council Rules of Procedure, Section 9,
Boards, Commissions and Committees, subsection 9.5, Terms, Vacancies, Removal, is hereby
amended as follows:
9.5 TERMS, VACANCIES, REMOVAL
. . . .
D. No individual may serve as a voting member on more than two ONE regularly
scheduled or unscheduled boards, commissions, and committees at one time.
. . . .
SECTION 3. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose
and intent of this resolution.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, November 17, 2005.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
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Page 1 of 3
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: November 17, 2005
Submitting Department: Administration Contact Person: Pickering
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: CONSIDERATION of RESOLUTION 2005-63, amending the Council
Rules of Procedure Section 8, by adopting a Town of Fountain Hills ETHICS POLICY.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: The purpose of this item is to provide the Council a
draft Ethics Policy that would guide not only the Council, but also commissioners, committee members,
and board members. It is based upon the past Council request to look at both the Town of Paradise
Valley's and the City of Phoenix's ethics policies, which have been included for review. The information
contains a table outlining current regulatory guidelines and corresponding State Statutes, which provides
an overview of what laws, rules, and regulations are currently in place to guide elected Town officials,
board, commission, committee members, and staff. To implement an ethics policy would require the
Council to amend the Council Rules of Procedure by resolution, adopting and implementing, Section 8 -
Code of Ethics. Staff requests the Council's favorable consideration.
List All Attachments as Follows: Staff memo, Resolution 2005-63, the Town of Paradise Valley's and
the City of Phoenix's ethics policies, table outlining current laws, rules & regulations with correlating
Arizona Revised State Statutes, and the Fountain Hills Mission, Vision, and Values Statement.
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
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TOWN OF FOUNTAIN HILLS
OFFICE OF
INTER OFFICE MEMO
TO: Honorable Mayor Nichols , Town
Council and Town Manager Pickering
DATE: November 10, 2005
FR: Timothy G. Pickering, CEcD, ICMA-
CM, Town Manager
RE: Ethics Policy
On September 5, 2002, the Council held their first discussion regarding the adoption of an ethics
policy. The Council referenced two municipalities’ ethics policies (Town of Paradise Valley and
the City of Phoenix). On October 3, 2002, the Council moved to indefinitely continue this topic
but provided direction to staff at the August 21, 2003 meeting to research other cities’ and
towns’ policies and prepare a draft policy for their review. Due to the large volume of
documents received, the fact the review of said materials had to be done while completing
regular duties, and that the Town Attorney needed time to review the legalities and prepare the
resolution, the timing was such that the draft ethics policy could not be completed until now.
The following cities and towns provided their policies and staff reviewed all documentation
received: the Arizona League of Cities and Towns, Peoria, Mesa, Parker, Camp Verde, the City
of Sunnydale, California, and the City of Scottsdale. A key outcome of this effort has been the
compilation of numerous and very diverse materials produced by municipal jurisdictions. It is
evident that the climate and working relationships within city and town governments ultimately
serve to influence the final product as it sets the tone for the sustainable nature of the long-term
commitment to practice adopted standards of conduct. The attached table outlines existing ethics
laws, rules, and regulations that currently affect the Fountain Hills Town Council:
• The Arizona Revised Statutes
(A.R.S. is available on-line www.azleg.state.az.us/ArizonaRevisedStatutes.asp),
• The Town of Fountain Hills Town Code – Council Rules of Procedure,
• The Town of Fountain Hills Administrative Manual, and
• The Town of Fountain Hills Employee Manual.
The attached draft policy accomplishes the Council’s goal of establishing ethical parameters in a
concise manner. Section 8, Code of Ethics, is the last section required to complete the Council
Rules of Procedure.
The significant differences between the City of Phoenix and the Town of Paradise Valley
policies were that the Phoenix’s policy provided for (i) penalties for violation and (ii) covered
staff as well as their council and members of their commissions, boards, and committees, and
(iii) Paradise Valley’s policy was more concise while still establishing ethical parameters. Thus
the Town modeled its draft policy on Paradise Valley’s ethics policy. As you are also aware, the
Town has already adopted the International City/County Management Association Code of
Ethics, which is found in the Fountain Hills Employee Manual (Section 213), as the standard for
staff.
In summary, to implement a Council Ethics Policy would require an amendment to the Council
Rules of Procedure by resolution. Staff recommends that the Council adopt an ethics policy
prior to the beginning of the election season so that those newly elected councilmembers are
aware of what rules, laws, and regulations the current Council operate under.
Enclosures: Summary Table, Resolution 2005-63, Town of Paradise Valley and City of Phoenix Ethic Policies, the
Fountain Hills Mission, Vision and Values Statements
Town of Fountain Hills
EXISTING ETHICS GUIDELINES
LAWS, RULES & REGULATIONS AFFECTING
ELECTED OFFICIALS, BOARDS, AND COMMISSION MEMBERS
Topic Arizona
Revised
Statutes
(ARS)
Fountain
Hills Town
Code
Town Council
– Rules of
Procedure
Fountain Hills
Administrative
Manual
Fountain
Hills
Employee
Manual
Conflict of Interest –
General
§38-501
through
§38-511
2-4-1 Section 7 Section II
(213)
Interests in contracts with,
sales to and purchases from
the Town and matters in
which officer has
substantial interest
§38-503
Disclosure of Confidential
Information
§38-504 Section II
(212)
Employment of Relatives
(Nepotism)
§38-481 Section III
(312)
Grounds for Discipline;
Dismissal
Section III
(334)
No Additional Income for
Services as Public Officer
§38-505
Oath of Office: Elected or
Appointed
§38-232 2-1-6 Section II
(202)
Open Meetings §38-431.01
through
§38-431.09
2-4-1 Section 3
Outside Employment 2-1-9 Section III
(323)
Political Activity 3-2-4
Public Records §39-101,
§39-121
through §38-
125
Sections G-4 and
G-5
Representing Private
Interests before the Town
§38-504
Solicitation of Gifts,
Benefits or Things of
Value, Gratuities
§38-504(c),
§41-1231(5),
§41-1232.08
Section II
(214)
Theft of Town Property or
Services
§13-1802 Section III
(332)
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RESOLUTION NO. 2005-63
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS COUNCIL RULES OF PROCEDURE.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town
Council”) adopted the Town of Fountain Hills Council Rules of Procedure (the “Council
Rules”) on August 7, 2003, including a Section 8 reserved for future adoption of an ethics
policy; and
WHEREAS, the Town Council desires to create an ethics policy for the Town of
Fountain Hills that (i) ensures the quality of government through ethical principles and (ii) that
governs the conduct of the Town Council and members of the Town’s boards, committees and
commissions.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. The Town of Fountain Hills Council Rules of Procedure are hereby
amended to include a new Section 8, Code of Ethics, to read as follows:
SECTION 8. CODE OF ETHICS
The purpose of this policy for the Town is to ensure the quality of the Town Government
through ethical principles that shall govern the conduct of the Town Council and members of
the Town’s boards, commissions and committees. In furtherance of this purpose, we shall:
8.1 Obey the constitution and laws of the United States of America, the Constitution, and
laws of the State of Arizona and the laws of the Town of Fountain Hills.
8.2 Be dedicated to the concepts of effective and democratic local government through
democratic leadership. We shall honor and respect the principles and spirit of
representative democracy and shall set a positive example of good citizenship by
scrupulously observing the letter and spirit of laws, rules and regulations.
8.3 Affirm the dignity and worth of the services rendered by the Town government and
maintain a deep sense of social responsibility as a trusted public servant.
8.4 Be dedicated to the highest ideals of honor, ethics and integrity in all public and
personal relationships.
A. Public Confidence. We shall conduct ourselves so as to maintain public
confidence in Town government and in the performance of the public trust.
614984.1
B. Impression of Influence. We shall conduct our official and personal affairs in
such a manner as to give a clear impression that we cannot be improperly
influenced in the performance of our official duties.
8.5 Recognize that the chief function of local government is at all times to serve the best
interests of all the people. We shall treat our office as a public trust, only using the
power and resources of public office to advance public interests and not to attain
personal benefit or pursue any other private interest incompatible with the public good.
8.6 Keep the community informed on municipal affairs; encourage communication between
the citizens and all municipal officers; emphasize friendly and courteous service to the
public; and seek to improve the quality and image of public service.
A. Accountability. We shall ensure that government is conducted openly,
efficiently, equitably, honorably and in a manner that permits the citizens to
become fully informed to allow them to hold Town officials accountable.
B. Respectability. We shall safeguard public confidence in the integrity of Town
government by being honest, fair, caring and respectful, and by avoiding
conduct creating the appearance of impropriety, or impropriety of which is
otherwise unbefitting a public official.
8.7 Seek no favor; believe that personal benefit or profit secured by confidential or
privileged information or by misuse of public time is dishonest.
A. Private Employment. We shall take any steps necessary to ensure that we
comply with the State law regarding conflicts of interest when we engage in,
solicit, negotiate for, or promise to accept private employment or render services
for private interests or conduct a private business.
B. Confidential Information. We shall not disclose to others, or use to further our
personal interest, confidential information acquired in the course of our official
duties.
C. Gifts. We shall not directly or indirectly, in connection with service to the
Town, solicit any gift or accept or receive any gift - of any value - whether it be
money, services, loan, travel, entertainment, hospitality, promise, or any other
form of gratuity. This policy shall not apply to hospitality, transportation or
other assistance provided to Town officials when such hospitality, transportation
of other assistance is directly related to their participation in community events
as a representative of the Town.
D. Investment in conflict with official duties. We shall not invest or hold any investment,
directly or indirectly, in any financial business, commercial or other private transaction
that creates a conflict with our official duties.
614984.1
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E. Personal relationships. Personal relationships shall be disclosed in any instance
where there could be the appearance of conflict of interest or a conflict of
interest.
8.8 Conduct business of the Town in a manner, which is not only fair in fact, but also fair in
appearance.
8.9 Promote understanding, mutual respect and trust among members of Council, boards,
commissions and committees concerning their roles and responsibilities with respect to
Town staff’s responsibility for implementing the Town Council’s policies.
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 carry out the purpose
and intent of this resolution.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, November 17, 2005.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
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Document in 11-17-05 binder.obd Page 2 of 3 Last printed 11/10/2005 1:09 PM
REGULAR AGENDA
7.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths,
weaknesses, and discuss possible improvements for future meetings.
8.) 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.
9.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
10.) ADJOURNMENT.
DATED this 10th day of November, 2005.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.