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HomeMy WebLinkAbout1-11-05Document in WS 1-11-05.obd Page 1 of 1 NOTICE OF THE EXECUTIVE AND WORK STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Vice Mayor Mike Archambault Councilwoman Keith McMahan Councilman John Kavanagh Councilwoman Kathleen Nicola Councilman Ed Kehe Councilman Jay Schlum TIME: 4:00 – 5:00 P.M. (Executive Session) 5:00 – 7:00 P.M. (Work-Study Session) WHEN: TUESDAY, JANUARY 11, 2005 WHERE: COMMUNITY CENTER 13001 N. LA MONTANA DR. (BALLROOM #1) (Executive Session will be held in the Community Ctr. Conference Room) ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary purpose of work session meetings is to provide the Town Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. EXECUTIVE AGENDA 1. CALL TO ORDER AND ROLL CALL – Mayor Nichols 2. VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §38-431-03.A.3, For discussion or consultation for legal advice with the attorney or attorneys of the public body. (Specifically, legal advice regarding the Urban Lands Act.) 3. RETURN TO WORK-STUDY SESSION WORK-STUDY AGENDA 1.) CALL TO ORDER AND ROLL CALL – Mayor Nichols 2.) DISCUSSION of standardizing the SELECTION AND APPOINTMENT PROCESS for Committees, Boards, and Commissions. 3.) ADJOURNMENT. DATED this 7th day of January, 2005. BY: 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 attend 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. Document in WS 1-11-05.obd Page 1 of 22 TOWN OF FOUNTAIN HILLS OFFICE OF INTER OFFICE MEMO TO: Mr. Tim Pickering, Town Manager DATE: January 3, 2005 FR: Bev Bender, Town Clerk RE: Standardization of Board, Commission, and Committee selection and appointment process At the Council’s request, the attached amendment to Administrative Policies and Procedures item G-9 (Council Rules and Procedures) is being proposed for Council’s consideration to standardize the selection and appointment process for vacancies on boards, commissions, and committees. The proposed process was developed through the collaborative efforts of those staff members who coordinate the information contained in the advertisement and who interact with applicants for board, commission, or committee vacancies. Staff was appreciative and supportive of the Council’s request to see written procedures established to ensure the equitable processing of each application received. This written process will allow staff liaisons to follow the identical procedure for any vacancy on boards, commissions, or committees. The use of an Appointment Subcommittee, made up of three council members, will ensure that every council member has the opportunity to serve on the subcommittee on a rotating basis, and alleviate the conflicts that have occurred in scheduling applicants’ interviews based upon the full Council’s availability. Staff requests Council’s favorable consideration of this process, which will assist staff and ensure that individuals submitting applications for any vacancy will receive equitable dispensation. CC: Town Attorney Andrew McGuire Enclosure: Proposed amendment to Administrative Procedures G-9 (Council Rules and Procedures) and samples Document in WS 1-11-05.obd Page 2 of 22 TOWN OF FOUNTAIN HILLS ADMINISTRATIVE PROCEDURE NUMBER: G-9 (AMENDMENT) SUBJECT: Council Rules and Procedures PURPOSE: Amend G-9, Council Rules and Procedures, and add Section 9, Boards, Commissions, and Committees, to establish a standardized selection and appointment process to fill vacancies. ACTION: SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES The Fountain Hills’ Town Council may create such boards, commissions, and committees as deemed necessary to assist in the conduct of the operation of Town government. The Town Council may authorize and direct the Town Manager to establish ad hoc committees as needed in order to provide additional flexibility with regard to conducting Town business. 9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND COMMITTEES A. All boards, commissions, and committees of the Town shall be classified as regularly scheduled or unscheduled boards, commissions, and committees. Regularly scheduled boards, commissions, and committees are those that meet on a regularly scheduled basis or may be quasi-judicial in nature. Unscheduled boards, commissions, and committees meet on an as-called basis. B. Regularly scheduled boards, commissions, and committees include: 1. Planning and Zoning Commission 2. Board of Adjustment 3. Parks and Recreation Commission 4. McDowell Mountain Preservation Commission 5. Community Center Advisory Commission 6. Public Safety Advisory Commission C. Unscheduled boards, commissions, and committees: 1. Parks and Recreation Subcommittees D. Other separate legal entities also address the needs of the town, including: 1. Municipal Property Corporation 2. Cottonwoods Improvement District 3. Cottonwoods Maintenance District 4. Eagle Mountain Community Facilities District (EMFD) E. Except for the Planning and Zoning Commission, any board, commission, or Document in WS 1-11-05.obd Page 3 of 22 committee created shall cease to exist (i) upon the accomplishment of the special purpose for which it was created or (ii) when abolished by a majority vote of the Town Council. 9.2 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES A. The Mayor may appoint a Council Subcommittee for board, commission, and committee appointments (the “Appointment Subcommittee”). The Subcommittee shall be made up of three Council Members who will serve for one year. The Mayor may appoint himself/herself to this Appointment Subcommittee. If no such Appointment Subcommittee is appointed, the entire Town Council shall conduct interviews and appoint citizens to the various boards, commissions, and committees. The Appointment Subcommittee members will rotate their service annually so that all Council Members have an opportunity serve at least twice during their term, and the Mayor may appoint himself/herself to service each year he/she is in office. B. The purpose of the Appointment Subcommittee is to interview applicants and to recommend potential appointees to the Town Council as described in Section 9.3 below. 9.3 SELECTION OF BOARDS, COMMISSION OR COMMITTEE MEMBERS A. The call for applications to fill vacant seats to boards, commission, and committees shall include a request for: 1. A cover letter of interest, 2. A resume, 3. The “Background and Personal Data Outline” application (see attached samples), that describes the applicants’ skills, experience, and education background needed to ensure the successful filling of the vacancy, 4. Supplemental questionnaire specific to a board, commission, or committee application, 5. The consent to executive session form. B. Staff liaisons shall be responsible for advertising to fill vacant seats to boards, commissions, and committees for at least two weeks and no later than two months, prior to the expiration of the current board, commission, or committee member(s) term, via: 9 The Town’s government access channel, 9 Newspaper advertising, 9 The Town website, 9 And the Town’s three official posting sites as listed in Section 2- 4-3 in the Town Code. The staff liaison shall be responsible for submitting to the Town Clerk’s office the Affidavit of Established Posting (see attached sample). Information Technology services are to be requested to place said notice on the Town’s government access channel and website to meet the public notice Document in WS 1-11-05.obd Page 4 of 22 requirements. The downloadable application packet will be placed on the Town’s website for public access. C. Advertisement of vacancies shall include the following: 1. The name of the board, commission, or committee, 2. The number of vacancies to be filled, 3. A brief description of the board, commission, or committee, 4. An overview of when the board, commission, or committee meet, 5. The deadline for submitting applications, 6. Listing of what applicant information is required and where application packets may be obtained (see 9.3.A above), 7. Staff liaison contact information, and 8. The dates of publication in the local paper. D. Individuals applying for boards, commissions, or committees must fill out and submit the Town application form and provide a resume to the Town Clerk by the published deadline. The Town Clerk will forward the application packets received to the appropriate staff liaison following morning after the deadline. E. The staff liaison to the board, commission, or committee will assemble and copy all application packets and provide all supporting materials to the Appointment Subcommittee for review. After reviewing the applications, the Appointment Subcommittee shall interview those applicants who will best fill the current vacancy. The staff liaison will schedule an appropriate time to ensure that the Appointment Subcommittee may interview in person, or via telephone, all qualified applicants for open seat(s). F. After review and consideration of all applications, the Appointment Subcommittee members shall direct their staff liaison to prepare a memorandum that includes their recommendations to the Mayor and Town Council regarding appointees to fill open board, commission, or committee seat(s). The Appointment Subcommittee shall recommend for appointment the same number of applicants, as there are vacancies. This memorandum to the Council shall include copies of all applications received. The Appointment Subcommittee may recommend that the current board, commission, or committee vacancy be readvertised. G. The staff liaison, in coordination with the Town Clerk, shall prepare an Agenda item for the next appropriate Town Council Meeting after the Appointment Subcommittee has submitted their recommendation(s) to fill open board, commission, or committee seat(s) to the Council. H. The staff liaison shall notify the recommended appointee(s) that he/she is a candidate for appointment to a board, commission, or committee and suggest that they may want to be present at the meeting when the Appointment Subcommittee’s recommendation is scheduled for Council’s consideration. Document in WS 1-11-05.obd Page 5 of 22 I. Following Council appointment(s) to a board, commission, or committee, the staff liaison shall notify appointees in writing as to their appointment. Those applicants not chosen to fill a vacancy on a board, commission, or committee, will be provided written notification prepared by the staff liaison outlining the Council’s appointments. J. The staff liaison will provide specific details to the new appointees to ensure their attendance at the “official” board, commission, or committee orientation; that new appointees take their “oath of office” prior to attending their first board, commission, or committee meeting; the staff liaison will provide official literature, agendas, minutes, or other materials specific to their appointment. 9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS A. All members of boards, commissions, and committees shall meet the following minimum qualifications upon their appointment to any board, commission, or committee. Each member must be: 1. Eighteen years of age or older, for any board, commission, or committee seats, designated by Town Council; except for members appointed to Youth Commissioner position for youth representation. 2. A Fountain Hills’ resident for at least one year, unless the Town Council specifically waives this time or residency requirement for a specific board, commission or committee. 3. A registered voter, except youth appointees. B. Town employees or appointed officers shall not be eligible for appointment to any board, commission, or committee but may be requested to provide staff support thereto. Council Members may serve on boards, commissions, or committees unless bylaws of such boards, commissions, or committees state otherwise. 9.5 TERMS, VACANCIES, REMOVAL A. All members of unscheduled boards, commissions, and committees shall serve a term of up to three years, or until the board, commission, or committee is dissolved, unless Town Council action, Town Code, or Arizona Revised Statutes specifically designates terms. C. For those regularly scheduled boards, commissions, and committees having five (5) members or fewer, the terms of office shall be staggered so that no more than three (3) terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any boards, commission, or committee that will be in existence for a single term. D. For those boards, commissions, and committees having more than five (5) members but less than eight (8) members, the terms of office shall be Document in WS 1-11-05.obd Page 6 of 22 staggered so that no more than four (4) terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any board, commission, or committee that will be in existence for a single term. E. No individual may serve as a voting member on more than two regularly scheduled or unscheduled boards, commissions, and committees at one time. F. A vacancy on a board, commission, or committee shall be deemed to have occurred upon the following: 1. Death or resignation of a member of a board, commission, or committee. 2. A member ceasing to be a resident of the Town of Fountain Hills, unless the Town Council has provided that such member may be a non-resident. 3. Three consecutive unexcused absences by a member from board, commission, or committee meetings. G. Any board, commission, or committee member may be removed as a member to that board, commission, or committee upon a vote of not less than five Council Members for any reasonable cause as determined by the Town Council. H. Whenever a vacancy has occurred on one board, commission, or committee and no alternate has been appointed as set forth in Section 9.6 below, the Appointment Subcommittee shall meet to recommend a candidate to complete the remainder of the term. Procedures described in 9.3 above will be used to generate applicants, interview applicants, and make a recommendation for a potential appointee. I. An incumbent member of a board, commission, or committee seeking reappointment shall submit a new application under the provisions set forth in Section 1.3 above and shall be considered for appointment by the Town Council or Appointment Subcommittee in the same manner as all other applicants for such position. 9.6 ALTERNATES The Town Council may appoint alternates to serve on boards, commissions, and committees in the event of vacancy. Such alternates may attend meetings of the boards, commissions, or committees, but shall not participate until a vacancy has occurred and the alternate has filled such vacancy. If the Town Council appoints more than one alternate for a particular board, commission, or committee, the Town Council shall designate the alternates as first alternate, second alternate, and so on such that immediately upon a vacancy occurring in a board, commission, or committee, the first alternate shall fill such vacancy without the need for further Town Council action. 9.7 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW All Boards, commissions, and committees are subject to the Arizona Open Meeting Law. Document in WS 1-11-05.obd Page 7 of 22 9.8 RESIDENCY REQUIREMENTS Members of the Planning and Zoning Commission, Board of Adjustment, Parks and Recreation Commission, McDowell Mountain Preserve Commission, Community Center Advisory Commission, and Public Safety Advisory Commission shall be residents of the Town of Fountain Hills. Any other boards, commissions, or committees may have members who are not residents of the Town of Fountain Hills at the discretion of the Town Council; provided, however, that the majority of the members of any such board, commission, or committee shall be residents of the Town of Fountain Hills. SAMPLES TOWN OF FOUNTAIN HILLS APPLICATION FOR APPOINTMENT TO COMMISSIONS, BOARDS AND COMMITTEES BACKGROUND AND PERSONAL DATA OUTLINE Please list the name of the board, commission, or committee this application is being submitted for consideration: If necessary, use an additional sheet of paper when filling out the answers to the questions below. Name: Phone: Address: Mailing address (if different than above): Cell Phone:___________________________ E-Mail Address:_________________________ 1. What is the best time to contact you? 2. Are you registered to vote in Town elections? YES  NO  3. Are you a graduate of the Civic Association Town sponsored “Our Town” series? YES  NO  PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND: (Including colleges attended and degrees obtained, if any) Present Employer: Title: Phone: Business Address: Business Phone: SAMPLES Document in WS 1-11-05.obd Page 9 of 22 CURRENT ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD: DESCRIBE HOW YOUR SKILLS AND EXPERIENCE WOULD BENEFIT THE TOWN: SAMPLES Document in WS 1-11-05.obd Page 10 of 22 DESCRIBE WHAT SKILLS AND EXPERIENCE WOULD BE MOST RELEVANT FOR FAVORABLE CONSIDERATION OF APPOINTMENT TO THIS BOARD, COMMISSION, OR COMMITTEE. PAST ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD: Date : Signature: SAMPLES Document in WS 1-11-05.obd Page 11 of 22 TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION (Supplemental Questionnaire) This commission meets the 2nd and 4th Thursdays of every month at 6:30 P.M. Would you be able to commit to this meeting schedule? YES  NO  Please explain and describe your interest in serving on this commission and how your education and experience would benefit the Fountain Hills Planning and Zoning Commission. Also state what your goals and objectives in serving on the Commission would be. Attach additional sheet, if necessary. SAMPLES TOWN OF FOUNTAIN HILLS BOARD OF ADJUSTMENT (Supplemental Questionnaire) This commission meets as needed, with appropriate notice to board members. Would you be able to commit to this meeting schedule? YES  NO  Please explain and describe your interest in serving on this commission and how your education and experience would benefit the Fountain Hills Board of Adjustment. Also state what your goals and objectives in serving on the Commission would be. Attach additional sheet, if necessary. SAMPLES BOARD OF ADJUSTMENT (Supplemental questionnaire continued - Please use additional lines on last page or add additional pages if necessary.) Following is a hypothetical case regarding an application for a variance. Jean Benefactor who consistently makes large charitable contributions to your town wants to build her dream home on a lot she recently purchased in the most exclusive residential neighborhood. This neighborhood was almost entirely build-out in the 1970’s except for a few remaining vacant lots. A new zoning ordinance was adopted for our town in the early 1990’s, which changed the setback requirements and height limit applicable to Jean Benefactor’s neighborhood. Approximately 60% of the existing older homes do not conform to the new setback and height restrictions. Jean Benefactor wants a variance so that she can build in conformance with the old setback requirements as 60% of her neighbors did. Jean Benefactor also wants a height variance so that she can have additional sleeping quarters for many orphans she cares for. The following issues arise at the Board of Adjustment hearing: 1. Assuming Jean’s lot and her neighbors’ lots are similar, would you vote to grant the setback variance? Please explain. 2. Will the fact that Jean is performing a tremendous public service justify the height variance? Why or why not? 3. There are a number of lots, due to their topography, that are much more expensive to build on when conformance to the strict terms of the code is enforced. Do you believe that economics should be a factor in considering a variance? If so, to what degree? SAMPLES Document in WS 1-11-05.obd Page 14 of 22 4. Some people desire to build their “dream home” in Fountain Hills but cannot afford a lot large enough for the house to conform the minimum setback requirements. Should we grant variances so we can have the growth and income in our community? 5. A resident has applied to the Committee of Architecture to build an addition onto their home, which would encroach into the rear yard setback area as established in both the restrictive covenants and the Zoning Ordinance. The Committee of Architecture approved a variance from the restrictive covenants and the resident applies for a variance from the Zoning Ordinance. None of the neighbors object, but no special circumstances exist. The resident wants the addition to serve as a storage room and a bathroom for the swimming pool. The Zoning Ordinance allows the resident to build a detached building to accomplish his needs, but they agree that the detached building is much less desirable and less aesthetically pleasing than the addition. Should a variance be granted because there is not objection and the proposal is more aesthetically pleasing than the limits of other parts of the code will allow? Please explain. 6. Our current Code regulates development of hillsides. A number of people build large homes and change the grade to nearly the maximum extent possible in setting their homes. After they are in their home, they desire to do further grading to install a swimming pool with an accessory cool deck and patio. This further grading will require them to go beyond the limits established in the Housing Development Standards section of the Zoning Ordinance, so they seek a variance. Do you believe that a variance should be granted to permit grading or disturbance of a hillside beyond the current limits to these people can have a swimming pool? SAMPLES Document in WS 1-11-05.obd Page 15 of 22 7. There are occasions when somebody seeks a variance to place a house they have had designed, that will not fit the lot, without a lot of disturbance to the natural terrain. The owner applies for a variance to encroach in a setback area to minimize expensive site disturbance. The lot is not regulated by the Hillside Development Standards and the Town Code will allow the grading necessary for the house to conform to the setback requirements. The adjoining neighbor comes to the hearing asking that the variance be granted because the desired location will allow them to continue to see the Fountain and if the variance is not granted, the applicant will be required to locate this house in a place that will obscure their view of the Fountain. Do you believe the Town should allow the applicant to save site preparation costs, help maintain the natural terrain and make the adjoining neighbors happy, by granting the variance; or would you take a stand that if site preparation costs are an issue, the house could be redesigned to better fit the lot and stay within the prescribed setback requirements, and that a variance should not be granted for view protection? Please explain. SAMPLES Document in WS 1-11-05.obd Page 16 of 22 SAMPLES Document in WS 1-11-05.obd Page 17 of 22 TOWN OF FOUNTAIN HILLS COMMUNITY CENTER ADVISORY COMMISSION (Supplemental Questionnaire) This commission meets the 3rd Monday of every month at 5:30 P.M. Would you be able to commit to this meeting schedule? YES  NO  Please explain and describe your interest in serving on this commission and how your education and experience would benefit the Fountain Hills Community Center Advisory Commission. Also state what your goals and objectives in serving on the Commission would be. Attach additional sheet, if necessary. SAMPLES TOWN OF FOUNTAIN HILLS PUBLIC SAFETY ADVISORY COMMISSION (Supplemental Questionnaire) This commission meets the 1st Wednesday of the third month of each quarter at 4:30 PM. Would you be able to commit to this meeting schedule? YES  NO  Please explain and describe your interest in serving on this commission and how your education and experience would benefit the Fountain Hills Public Safety Advisory Commission. Also state what your goals and objectives in serving on the Commission would be. Attach additional sheet, if necessary. SAMPLES TOWN OF FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVATION COMMISSION (Supplemental Questionnaire) This commission meets the 2nd Tuesday of each month at 5:00 P.M. Would you be able to commit to this meeting schedule? YES  NO  Please explain and describe your interest in serving on this commission and how your education and experience would benefit the Fountain Hills McDowell Mountain Preservation Commission. Also state what your goals and objectives in serving on the Commission would be. Attach additional sheet, if necessary. SAMPLES TOWN OF FOUNTAIN HILLS PARKS AND RECREATION COMMISSION (Supplemental Questionnaire) This commission meets the 2nd Monday each month, except holidays at 5:30 P.M. (in this instance the meeting would be rescheduled for the 2nd Tuesday). Would you be able to commit to this meeting schedule? YES  NO  SAMPLES THE TOWN OF FOUNTAIN HILLS AFFIDAVIT OF ESTABLISHING POSTING NOTICE STATE OF ARIZONA } } ss COUNTY OF MARICOPA } The affiant, after first duly sworn deposes and says: That at the request of the Town Clerk of the Town of Fountain Hills, I personally posted or had posted a copy of the attached notice subject(s):  Town Council Meeting Date of:  Town Council Work Study Meeting Date of:  Town Council Special Meeting Date of:  Public Safety Advisory Commission Meeting Date of:  Other: At each of the following places pursuant to The Town of Fountain Hills Town Code Chapter 2, Section 2-4-3, at _______ a.m./p.m. in said places on the _____ day of _______________________________, 20____. FIRST PLACE: COMMUNITY CENTER, 13001 N. La Montana, Fountain Hills, AZ SECOND PLACE: POST OFFICE, 16605 E. Ave. of the Fountains, Fountain Hills, AZ THIRD PLACE: TOWN OF FOUNTAIN HILLS OFFICES, 16836 E. Palisades Blvd., Fountain Hills, AZ BY: SIGNATURE SUBSCRIBED AND SWORN to me this ________ day of ______________________, 20____. Notary Public SAMPLES Document in WS 1-11-05.obd Page 22 of 22 I, the undersigned, do hereby consent pursuant to A.R.S. 38-431.03.A.1., to participate in an executive session with the members of the Town Council of the Town of Fountain Hills, Arizona, for the purposes of discussion and consideration of appointment to the ________________________________________by the Town Council of Fountain Hills. Name of board, commission, or committee I understand that pursuant to the above law, I have the right to have this discussion occur at a public meeting, and I do hereby waive that right in order to participate in the executive session. I further understand and agree that any discussions made at executive session shall be kept confidential except from those persons who attended the executive session. I further understand and agree that the Town Council may discuss and consider said discussion without my presence. DONE this ______ day of _____________________, 20______. (Print name) (Signature) TOWN OF FOUNTAIN HILLS CONSENT TO EXECUTIVE SESSION