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NOTICE OF MEETING
L REGULAR MEETING
9/ --- �� FOUNTAIN HILLS TOWN COUNCIL
�r"at is Af‘l.
Mayor Ginny Dickey
Vice Mayor Art Tolis Councilmember Alan Magazine
Councilmember Dennis Brown Councilmember Mike Scharnow
Councilmember Sherry Leckrone Councilmember David Spelich
TIME: 5:30 P.M. — REGULAR SESSION
WHEN: TUESDAY, FEBRUARY 5, 2019
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a
quorum of the Town's various Commission,Committee or Board members may be in attendance at the Council
meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions,
parents have a right to consent before the State or any of its political subdivisions make a video or audio
recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result,
proceedings in which children are present may be subject to such recording. Parents, in order to exercise their
rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure
that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have
been waived.
REQUEST TO COMMENT
The public is welcome to participate in Council meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the
back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if
possible. Include the agenda item on which you wish to comment. Speakers will be allowed three
contiguous minutes to address the Council. Verbal comments should be directed through the
Presiding Officer and not to individual Councilmembers.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to
Comment card, indicating it is a written comment, and check the box on whether you are FOR or
AGAINST an agenda item, and hand it to the Town Clerk prior to discussion, if possible.
REGULAR MEETING
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Ginny Dickey
2. INVOCATION — Pastor David Taylor, First Baptist Church of Fountain Hills
3. ROLL CALL — Mayor Ginny Dickey
4. MAYOR'S REPORT
A. PROCLAMATION declaring February 2019 as Go Red for Women Month in the Town of
Fountain Hills.
5. SPECIAL PUBLIC APPEARANCES/PRESENTATIONS
A. PRESENTATION by Strategic Planning Advisory Commission.
B. PRESENTATION on status update regarding Golden Eagle Park.
6. CALL TO THE PUBLIC
Pursuant to A.R.S. 38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such
comment(i) must be within the jurisdiction of the Council and(ii)is subject to reasonable time, place, and manner restrictions.
The Council will not discuss or take legal action on matters raised during "Call to the Public"unless the matters are properly
noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may(i)respond to
criticism, (ii)ask staff to review a matter, or(iii)ask that the matter be placed on a future Council agenda.
7. CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one
motion and one roll call vote of the Council.All motions and subsequent approvals of consent items will include all recommended
staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or
member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda,
he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior
to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered
in its normal sequence on the agenda.
A. APPROVAL OF the minutes of the Regular Meeting of January 15, 2019.
B. CONSIDERATION OF a budget transfer from the Economic Development Fund to the Tourism
Fund in the amount of$10,000.
8. REGULAR AGENDA
A. CONSIDERATION of appointing four (4) citizens to serve on the Strategic Planning Advisory
Commission for a term ending on November 5, 2020; and one (1) citizen to fill the vacancy for a
term ending on June 30, 2019.
B. DISCUSSION with possible direction relating to any item included in the League of Arizona Cities
and Towns'weekly Legislative Bulletin(s)or relating to any action proposed or pending before the
State Legislature.
9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item (s) on a future agenda for
action or (ii) directing staff to conduct further research and report back to the Council:
TOWN COUNCIL REGULAR MEETING AGENDA
FEBRUARY 5, 2019 PAGE 2
10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor,
individual Councilmembers, and the Town Manager.
11. ADJOURNMENT.
AGENDA POSTED:
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ate izabet urke, Town CI rk
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 the 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.
1
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I 2"01�VN OF FOUNTAIN LLS
PROCL.UI.4 ION
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WHEREAS, in the United States, heart disease is the number one killer of women, causing ,
1 one in three deaths each year, approximately one woman every 80 seconds; and
1
WHEREAS, in Arizona, on average nearly 16 women die every day from heart disease or
stroke each day; and
WHEREAS, women have a higher lifetime risk of stroke than men, with different heart
attack symptoms that are often misunderstood; and
WHEREAS, an increase in community awareness is necessary to encourage everyone to Y
GO RED, because 80 percent of cardiac events can be prevented with education and
lifestyle changes;
NOW, THEREFORE, I, Ginny Dickey, Mayor of Fountain Hills, do hereby proclaim February
E
2019 as Go Red for Women Month and encourage Fountain Hills' residents to be a part of -
the American Heart Association's national movement to end heart disease and stroke in
women because it's not just a man's disease. Citizens are encouraged to make a change
for better health with physical activity, healthy eating, lowering their blood pressure, and
teaching children the importance of staying active and making healthy food choices.
People can show their alignment to the cause by registering at www.goredforwomen.org
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official
seal of the Town of Fountain Hills, Maricopa County, Arizona this Sth day of February,
2019i'V'''''
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Ginny Dickey, Mayor
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Total Points Ranking
# Task (7 to 24) (1 to 14)
4.1c Increase revenues to meet community needs including addressing projected 24 1
operating shortfall
4.1b Identify revenue options 24 1
2.1a Develop and implement an investment plan to bring streets, buildings, and parks up 22 2
to established standards
4.1a Adequately fund all identified reserve funds 20 3
3.1a Work with State Land Trust to increase residential density 19 4
1.2c Rezone un-platted land for greater density and affordable family homes 18 5
1.4a Explore higher education opportunities in Fountain Hills 17 6
3.2c Include family branding in marketing plan 16 7
3.2b Expand use of social media and on-line messaging 15 8
1.1a Develop a community brand/vision/marketing plan 15 8
5.3a Utilize effective volunteer skills and talents 14 9
5.1a Include local school strengths in marketing plan 14 9
2.2a Develop and adopt a comprehensive environmental plan 13 10
1.2a Rezone undeveloped commercial property to residential where feasible 13 10
5.1c Explore selling/leasing unused properties 12 11
5.1b Work with FHUSD to maximize property values 12 11
3.2f Support youth club sports 11 12
3.2e Organize specialty youth camps 11 12
1.3a Create and expand destination events 11 12
3.2a Distribute Town's marketing plan to local businesses 10 13
1.2b HUUpl d Lem.dnrenurrreni Ural diruws resiuerruai uSeS WI wrnnrerudny recuneu 10 13
5.2a Increase community efforts to lobby for municipal issues 8 14
2 2b Research and report on economic and logistic feasibility of electric car charging 7 15
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UPDATED: January 30, 2019
Town of Fountain Hills
2017 Strategic Plan
May 18, 2017
TOWN OF FOUNTAIN HILLS
2017 STRATEGIC PLAN
UPDATED: January 30, 2019 Page 2 of 6
Goal # 1: Maximize Economic Development Opportunities in Fountain Hills
Objective #1 – Create or Utilize Tools to Help Market Fountain Hills for Economic Development Opportunities
Tasks Lead Responsibility Projected Completion Date Completion Date
Develop a community brand/vision/marketing plan for Fountain Hills Scott Cooper June 2019 In progress
Develop a new business resource package Scott Cooper June 2017 Completed
Increase funding for business accelerator programs Scott Cooper July 2018 Completed
Explore higher education opportunities in Fountain Hills Scott Cooper December 2019 In progress/working with EVIT & CC
Objective #2 – Increase Population and Residential Densities to Sustain Existing and Future Commercial Businesses in Town
Tasks Lead Responsibility Projected Completion Date Completion Date
Rezone undeveloped commercial property to residential where feasible Scott Cooper/ Ongoing As opportunities present themselves
Bob Rodgers
Adopt a text amendment that allows residential uses on commercially Bob Rodgers June 2017 Completed
zoned properties
Rezone unplatted land for greater density and affordable family homes Bob Rodgers Ongoing As opportunities present themselves
Objective #3 – Market/Promote Tourism to Generate Hotel Stays and Higher Dollar Expenditures During Visits to Fountain Hills
Tasks Lead Responsibility Projected Completion Date Completion Date
Create and expand destination events Rachael Goodwin/Grace Rodman-Guetter June 2019 Ongoing
St. Patrick’s Day / Fourth at the Fountain
Turkey Trot / Craft Classic / Disc Golf Tournament
Yellow – High Priority Blue – Medium Priority White – Low Priority
TOWN OF FOUNTAIN HILLS
2017 STRATEGIC PLAN
UPDATED: January 30, 2019 Page 3 of 6
Goal # 2: Ensure that Infrastructure in Fountain Hills is Well -Maintained and Safe
Objective #1 – Invest in and Maintain the Community’s Infrastructure
Tasks Lead Responsibility Projected Completion Date Completion Date
Develop and implement an investment plan to bring streets, Grady Miller/ June 2019 Pavement Analysis Report completed
buildings, and parks up to established standards Craig Rudolphy/Justin Weldy (Facilities Replacement Fund)
Commission a study to identify gap between actual and subdivision Justin Weldy/ June 2019 Reviewed/Identified options to discuss
ordinance specifications and determine cost of meeting ordinance Bob Rodgers
specifications
Objective #2 – Promote Environmentally Friendly Initiatives
Tasks Lead Responsibility Projected Completion Date Completion Date
Develop and adopt a comprehensive environmental plan Justin Weldy/Raymond Rees June 2019 In progress
for Fountain Hills
Research and report on economic and logistic feasibility of Justin Weldy June 2018 Review
electric car charging stations
Yellow – High Priority Blue – Medium Priority White – Low Priority
TOWN OF FOUNTAIN HILLS
2017 STRATEGIC PLAN
UPDATED: January 30, 2019 Page 4 of 6
Goal # 3: Attract Families and Working Professionals to Fountain Hills
Objective #1 – Utilize Landuse Planning to Attract Families to Fountain Hills
Tasks Lead Responsibility Projected Completion Date Completion Date
Work with State Land Trust to increase residential density Council/Staff December 2018 Ongoing efforts
Objective #2 – Market and Promote Fountain Hills as a Unique Place for Families and Working Professionals
Tasks Lead Responsibility Projected Completion Date Completion Date
Collaborate with businesses in promoting town’s marketing plan Scott Cooper/Grace Rodman-Guetter July 2019 Ongoing
Expand use of Social Media and on-line messaging Grace Rodman-Guetter Ongoing Facilitating nine social media pages;
Recreation Instagram account-August 2018
Include family branding in marketing plan Grace Rodman-Guetter/ June 2019 In progress
Scott Cooper
Organize a young professionals group or organization Scott Cooper June 2018 Completed/Formed FH Young Community
Organize specialty youth camps (robotics, coding, arts, etc.) Rachael Goodwin/ Summer 2018 Created first summer youth camp/ongoing
Corey Povar Spring camp/Community Center take-over
Support youth club sports Rachael Goodwin/ Ongoing Use of Town facilities at no cost
Corey Povar Expand programs
Yellow – High Priority Blue – Medium Priority White – Low Priority
TOWN OF FOUNTAIN HILLS
2017 STRATEGIC PLAN
UPDATED: January 30, 2019 Page 5 of 6
Goal # 4: Ensure that Fountain Hills Finances are Stable and Sustainable
Objective #1 – Identify Sustainable Sources of Revenue to Sustain Funding of Town Core Services
Tasks Lead Responsibility Projected Completion Date Completion Date
Adequately fund all identified reserve funds Town Council/Town Manager/ December 2027
Craig Rudolphy
Identify revenue options Town Staff/Town Manager/Town Council September 2017 Completed/October 2017
Increase revenues to meet community needs including Town Manager/Town Council November 2018 Town Election-Property Tax/May 2018
addressing projected operating shortfall
Yellow – High Priority Blue – Medium Priority White – Low Priority
TOWN OF FOUNTAIN HILLS
2017 STRATEGIC PLAN
UPDATED: January 30, 2019 Page 6 of 6
Goal # 5: Focus on Strengthening the Community and Improving Town’s Quality of Life
Objective #1 – Partner with the Fountain Hills Unified School District to Promote FH Education System
Tasks Lead Responsibility Projected Completion Date Completion Date
Include local school strengths in marketing plan Scott Cooper/Grace Rodman-Guetter June 2019 Ongoing
Work with FHUSD to maximize its property values Town Staff/Council/FHUSD December 2017 Addressed at 2/21/17 Joint Meeting
Explore selling/leasing unused properties Town Staff/Council/FHUSD December 2017 Addressed at 2/21/17 Joint Meeting
Objective #2 – Utilize Intergovernmental Relations to Achieve Fountain Hills Priorities
Tasks Lead Responsibility Projected Completion Date Completion Date
Increase community efforts to lobby for municipal issues Town Manager/Town Council January 2018 Joined RPTA
East Valley Partnership
National League of Cities-July 2018
Continue to work with League of Cities & Towns
to oppose Bills that are harmful to cities & towns
Objective #3 – Leverage the Talents of Residents to the Advantage of Fountain Hills
Tasks Lead Responsibility Projected Completion Date Completion Date
Utilize effective volunteer skills and talents Heather Ware Ongoing Ongoing/over 900 volunteers
Make A Difference Day
Home Delivered Meals
Give A Lift Program
Activities & Volunteer Expo
Mayor’s Youth Council
Save Our Sculptures Program
Community Center Christmas
Decorating & Celebration
Commissioners Yellow – High Priority Blue – Medium Priority White – Low Priority
lyTAIN�r TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
. o . AGENDA ACTION FORM
t4at is AY"
Meeting Date: 2/5/2019 Meeting Type: Regular
Agenda Type: Consent Submitting Department: Administration
Staff Contact Information: Elizabeth A. Burke, Town Clerk, 480-816-5115; eburke@fh.az.gov
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving the Town Council Meeting Minutes from
the Regular Meeting of January 15, 2019.
Applicant: NA
Applicant Contact Information: NA
Owner: N/A
Owner Contact Information: NA
Property Location: NA
Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01
Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account of the
discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on the Town's
website and maintained as permanent records in compliance with state law.
Risk Analysis (options or alternatives with implications): NA
Fiscal Impact(initial and ongoing costs; budget status): NA
Budget Reference (page number): NA
Funding Source: NA
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s): NA
Staff Recommendation(s): Approve
List Attachment(s): Minutes of the Regular Meeting of January 15, 2019.
SUGGESTED MOTION (for Council use): MOVE to approve the consent agenda as listed.
Prepared by: Approved:
4
E.zabeth A. .Town Clerk 1 4/20 9 Grady E. Miller,Tow anager 1/24/2019
Page 1 of 1
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE
FOUNTAIN HILLS TOWN COUNCIL
JANUARY 15, 2019
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Ginny Dickey
Mayor Dickey called the Regular Meeting of January 15, 2019, to order at 5:30 p.m.
2. INVOCATION — Dr. Bobby Brewer, Pastor of North Chapel
Pastor Brewer gave the invocation.
3. ROLL CALL— Mayor Ginny Dickey
COUNCILMEMBERS PRESENT: Mayor Ginny Dickey; Vice Mayor Art Tolis;
Councilmembers Mike Scharnow, Dennis Brown, Alan Magazine, Sherry Leckrone and
David Spelich.
COUNCILMEMBERS ABSENT: None.
STAFF PRESENT: Town Manager Grady Miller, Town Attorney Aaron D. Arnson, and
Town Clerk Elizabeth A. Burke.
4. MAYOR'S REPORT
A. RECOGNITION of MCSO Deputy Chief Henry Brandimarte.
Town Manager Grady Miller read the biography of MCSO Deputy Chief Henry
Brandimarte, who had served as Commander of the Fountain Hills substation until
his recent promotion. He said that he was a pleasure to work with and wished him
the best. Several Councilmembers agreed.
Chief Brandimarte thanked everyone stating that it had been a pleasure working
in Fountain Hills. He said that he appreciated the support of the Council, Town staff
and the public. He said that he has never worked anywhere where staff worked
together as a team and he credits that to the leadership of Town management.
5. SPECIAL PUBLIC APPEARANCES/PRESENTATIONS
A. PRESENTATION by Republic Services to Fearless Kitty Rescue for the Republic
Services' Community Grant.
Stephen Herring with Republic Services said that they were the current contractor
for solid waste collection services in town for residential pick-up and as part of their
contract they provide a grant program for nonprofits. This year he presented a
check in the amount of $10,000 to the Fearless Kitty Rescue. Members came
forward and accepted the check and had their picture taken.
TOWN COUNCIL REGULAR MEETING MINUTES
JANUARY 15, 2019 PAGE 2
6. CALL TO THE PUBLIC
Pursuant to A.R.S. 38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment(i) must be within the jurisdiction of the Council and(ii) is subject to reasonable
time,place, and manner restrictions. The Council will not discuss or take legal action on matters raised during
"Call to the Public"unless the matters are properly noticed for discussion and legal action. At the conclusion
of the Call to the Public,individual councilmembers may(i)respond to criticism, (ii)ask staff to review a matter,
or(iii) ask that the matter be placed on a future Council agenda.
None
7. CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be
enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent
items will include all recommended staff stipulations unless otherwise stated. There will be no separate
discussion of these items unless a councilmember or member of the public so requests. If a councilmember
or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to
the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date
of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and
considered in its normal sequence on the agenda.
A. APPROVAL OF the minutes of the Special Meeting of December 18, 2018, and
the Regular Meeting of December 18, 2018.
B. CONSIDERATION OF approving a Special Event Liquor License application
submitted by Boris Biloskirka representing the Fountain Hills VFW Post No. 7507
Veterans who will be hosting a beer garden located at North Saguaro Blvd. and
Avenue of the Fountains, in conjunction with the Great Fair on February 22-24,
2019, from 7:00 AM to 10:00 PM.
C. CONSIDERATION OF approving a Special Event Liquor License application
submitted by Debra Biloskirka representing the Fountain Hills VFW Post No. 7507
Veterans Foundation who will be hosting a beer garden located at North Verde
River Drive and Avenue of the Fountains, in conjunction with the Great Fair on
February 22-24, 2018, from 7:00 AM to 10:00 PM.
D. CONSIDERATION OF approving a Special Event Liquor License application
submitted by Merita Kraya representing Euro Pizza Café located at 12645 North
Saguaro Blvd, Fountain Hills, AZ who will be hosting a beer garden in conjunction
with the Mountain 2 Fountain race on March 3, 2019, from 7:00 AM to 12:00 PM.
E. CONSIDERATION OF approving a Fair/Festival License Application for Desert
Diamond Distillery, Inc. (John Patt) to participate as a vendor along the Avenue of
the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from
10:00 AM to 5:00 PM daily, Friday, March 8 through Sunday, March 10, 2019.
F. CONSIDERATION OF approving a Special Event Liquor License application
submitted by Kim Kamins representing Fearless Kitty Rescue located at 16832 E.
Avenue of the Fountains, Fountain Hills, AZ for the purpose of a fundraiser to be
held on March 1, 2019, from 5:30 PM to 8:00 PM.
G. CONSIDERATION OF approving a Fair/Festival License application for Odyssey
Cellars (John McLoughlin) to participate as a vendor along the Avenue of the
TOWN COUNCIL REGULAR MEETING MINUTES
JANUARY 15, 2019 PAGE 3
Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00
AM to 5:00 PM daily, Friday, March 8 through Sunday, March 10, 2019.
H. CONSIDERATION OF adopting Resolution 2019-01, abandonment of the 10'
Public Utility and Drainage Easement at the rear of Plat 505-B, Block 1, Lot 57
(15846 E. Tepee Drive), as recorded in Book 158, Page 43, records of Maricopa
County, Arizona, with stipulation. (EA 2018-20)
Councilmember Brown MOVED to approve the Consent Agenda items 7-A through
7-H; SECONDED by Councilmember Leckrone; passed unanimously.
With regard to the number of special event liquor licenses approved via Consent,
Councilmember Magazine asked if that was something they should consider having staff
do administratively. Mr. Miller said that it is something that the larger communities
oftentimes have staff approve. He added that staff had recently approached him regarding
that thought and they are doing further research. He suggested that they discuss this
further at the Retreat.
8. REGULAR AGENDA
A. PUBLIC HEARING and PRESENTATION on the Development Impact Fee Final
Report for Fiscal Years 2017 and 2018.
Mayor Dickey opened the Public Hearing. Mr. Miller said that under state law they
were required to have either a committee or an outside firm conduct an audit to
ensure they are in compliance with state law. He said that Willdan was there to
give a brief presentation. There was no action to be taken.
Kevin Burnett with Willdan Associates said that their firm conducted the audit and
it was the second time they had worked with the Town of Fountain Hills. He said
that, as stated, Arizona Revised Statutes requires that if a city or town collects
impact fees that they must either have a committee to review or have an audit
performed to address three specific areas. These are: 1) development projections;
2) expending money on things included in the impact fee study; and 3) level of
service.
He said that in the audit they found that the residential impact was lower than
projected and commercial was a little higher. They did collect impact fees over the
two-year period and did not expend ay on any projects or debt service. He said
that the level of service ties back into expenditures, and the town was not
programmed to do anything until 2022 or 2023 so the level of service is where it
should be.
Mr. Burnett said that a fourth component, which is not required, was to look at
permits issued to double-check math and they found that the fees applied were
appropriate. He said that everything looked good overall.
Mr. Burnett was asked if they had noticed any trend in terms of income compared
to prior years. He replied that it is not something they look at.
Mayor Dickey closed the Public Hearing at this time.
TOWN COUNCIL REGULAR MEETING MINUTES
JANUARY 15, 2019 PAGE 4
B. CONSIDERATION OF awarding contract 2018-002 to Allied Waste
Transportation, Inc., dba Republic Services of Phoenix for the Town of Fountain
Hills' residential curbside solid waste collection services.
Mr. Miller said that about ten years ago the Town Council had the insight to
consolidate all of the private haulers they had in town for residential trash
collection. The reason was that they had up to eight haulers driving on the roads,
causing wear and tear. He said that staff recently went through a new Request for
Proposals and received three proposals; the successful proposal was from
Republic Services, the current provider.
Raymond Rees, Facilities and Environmental Supervisor, said that during the past
eight years they have been contacted by residents with concerns and they listened
and implemented those into the Request for Proposal for new services. He then
gave a brief presentation which addressed:
SERVICE LEVEL COMPARISON
He said that the Town asked to have at least a few days' separation between those
having trash collected twice a week, so they will now be picked up on
Monday/Thursday and Tuesday/Friday. He said that they will continue with the
annual Hazardous Waste Collection pickup and also an annual Electronics
Recycling.
PRICING
The current once a week pick up is $11.58 and the new proposed rate is $14.37,
which is still lower than other communities.
At this time, Marek Crabbs with Republic Services, gave a brief presentation.
WHO WE ARE
Mr. Crabbs thanked the Town Manager, Mr. Rees and the new Town Attorney for
their assistance with the process. He said that Republic Services is based in
Phoenix with over 1,500 people in Arizona, and over 32,000 people nationally. He
said that many with Republic Services live and/or have retired in Fountain Hills and
there is a connection and economic development within the community. He said
that they recently acquired the recycling center at the Salt River Landfill.
WE ARE A COMMUNITY PARTNER
Recycling and Trash
Service provider
Community partner
Invested and donated a lot to different events
Make a Difference Day - Independence Day - Christmas Ice Rink
Chamber of Commerce
Support Community Activities
RATES COMPARISON —Old/New
REASON FOR INCREASE
TOWN COUNCIL REGULAR MEETING MINUTES
JANUARY 15, 2019 PAGE 5
He said that they have had a great agreement for the past eight years, over which
time the rates have only increased $.24. He said that when they first signed, trucks
were $200,000; now they are $400,000. Additionally, there have been major
changes in the recycling market driven by China who is no longer accepting
recycling materials. He said that they have increased capital and have had
changes to minimum wages, etc.
Mr. Crabbs said that they have pulled some of the other contracts within the state
to see where services lay compared to others. He said that the largest city is
Buckeye at $16.87 (with less services) and the HOA in Anthem pays $18.09.
Mr. Crabbs thanked staff, the Council, and all of the residents. He said that it has
been a pleasure and honor to be partners.
Mr. Crabbs was asked what they were doing for recycling with China refusing to
accept materials. He replied that they are finding different markets. He said that
the big change is that when they shipped back to China, costs were near zero;
now they are paying shipping costs.
Mr. Miller said that both the town and Republic Services negotiated in good faith,
but with all of the back and forth of the contract, the most recent copy that was
signed included an annual increase associated with CPI, rather than the agreed-
upon annual flat rate of 3.5%. With Council's approval, staff was requesting that
clarification be made in the motion.
Mr. Rees said that at the end of the five-year contract the rate would be at $16.49,
which is still far below any of the original bids received.
Mayor Dickey said that she was recently asked if it was possible to get smaller
containers for those with limited space. Mr. Crabbs said that they do have smaller
bins and if the residents prefer, they can request those, but there would be no cost
difference.
Councilmember Brown MOVED to award contract 2018-002 to Allied Waste
Transportation, Inc. dba Republic Services of Phoenix for the Town of
Fountain Hills' residential collection services as presented, with the one
correction that rates will be increased annually at 3.5% rather than tied to
CPI; SECONDED by Councilmember Magazine; passed unanimously.
C. CONSIDERATION OF approval of two budget transfers: 1) Development Services
in the amount of$44,413 to contractual services from salaries and benefits to allow
for more third-party inspections; and 2)Town Clerk in the amount of$11,827.50 to
part-time salaries from professional services to allow for the use of a temporary
employee.
Mr. Miller said that from time to time needs change and before the Council were
two requests for changes. He said that they are requesting to move $44,413 from
salaries/benefits in Development Services to contractual services so they may
continue to utilize a contractor for inspection services. He said that this was the
second request to do this in this year, and they will probably be back with a further
request before the end of the fiscal year. He said that they will be holding further
discussions during the Retreat as they will be requesting funding for full-time staff.
TOWN COUNCIL REGULAR MEETING MINUTES
JANUARY 15, 2019 PAGE 6
He said that the second request is for the Town Clerk's Office which had budgeted
funds for the preparation of minutes, but she would prepare to do that herself and
use those funds for optical imaging of permanent records.
Councilmember Leckrone MOVED to approve the budget transfers as
presented; SECONDED by Councilmember Scharnow; passed unanimously.
D. CONSIDERATION OF Ordinance 18-15 amending Section 5.06.G of the Fountain
Hills Zoning Ordinance relating to large detached accessory buildings in single-
family residential zoning districts; amending Section 1.12 to create a definition for
the front plane of a primary building and the street side plane of a primary building;
and amending Sections 1.12, 5.06.F, 5.06.H, 5.09.B, 10.03.A.8 and 15.03.A.8 for
consistency. (Case #Z2018-08)
Mr. Miller noted that the Council discussed this item last month and a few members
were uncomfortable with moving forward at that time. Since then, staff has met
with them to further explain the proposal and also to provide a tour.
Senior Planner Marissa Moore gave a summary from last time. She said that one
change was in the colors and materials, there was a difference between "match"
and "same". She said that after further conversations, it was noted that it was a
subtle difference, but given their line of work, they make a difference. She said that
"match" meant that they could complement a color, while "same" meant that the
material and color had to be the same.
Ms. Moore said that the other issue related to kitchen facilities. She said that this
is something that staff would like to investigate further. She said that because of
the laws on how they publish public hearing notices, such a change would need to
go through the Planning and Zoning Commission and come back to the Council.
She said that after their meetings over the past few weeks, she believed that the
confusion had been clarified. She said that she did have the previous presentation
if anyone wished to see it again.
Councilmember Spelich asked for Councilmember Brown's perspective as to the
"match" versus "same" issue. Councilmember Brown said that in his opinion it is
more government regulations; however, he thought that what was being proposed
was reasonable.
Councilmember Spelich said that his concern is with a neighbor wanting to build a
structure out of aluminum or time, like a shed, which could "match" but definitely
would not be the "same." He said that he is "Mr. Non-government" but he would
also like to protect people's property. Councilmember Brown said that he
appreciated that and would totally support the change.
TOWN COUNCIL REGULAR MEETING MINUTES
JANUARY 15, 2019 PAGE 7
Councilmember Scharnow said that he thought they could argue that it was one
more regulation, but it is also a mechanism to allow something that before could
not occur.
Staff was directed to bring back through the process the discussion of kitchens in
accessory buildings.
Councilmember Leckrone MOVED to adopt Ordinance 18-15 (noting the
change from "match" to "same" for both material and color);
Councilmember Spelich SECONDED; passed unanimously.
E. CONSIDERATION OF adopting Resolution 2019-06 approving the Town of
Fountain Hills' Lottery Fund Grant application for the Fiscal Year 2018-19.
Administrative Services Director David Trimble briefly reviewed the program,
noting that this was a yearly process whereby 26 different cities and towns, and
Maricopa County, can claim their share of the portion of the Arizona Lottery Funds
designated for public transportation.
He said that Fountain Hill's portion is approximately $65,000. He said that the
"applications" are made to Valley Metro. This year they had a short window to
make application with the process opening up on December 18, 2018, and having
until the end of January 2019, so this was the only meeting where it could be
brought to Council.
Mr. Trimble said that the projects listed in the application are definitely not set in
stone and they do expect that they will change. As long as the money is spent on
public transportation they are fine. Each year when it ends in October,
Fountain Hills is required to put forth a report to show where the money is spent.
He said that as a member of the RPTA, they are entitled to a transit planning study
and Valley Metro staff has begun working on it. The priorities they bring forward
may drive where the funds are spent.
Councilmember Scharnow MOVED to adopt Resolution 2019-06; SECONDED
by Councilmember Leckrone; passed unanimously.
F. CONSIDERATION OF approving a three-year Cooperative Purchase Agreement
(C2019-061) with Pipe Line Video Inspections, LLC for storm drain pipe, structure
cleaning and television services in the amount of$150,000.00.
Public Works Director Justin Weldy briefly reviewed the item, noting that it was not
only videotaping of the lines, but also cleaning with water and a 12" vacuum to
remove debris, as well as removing debris built up in the box culverts.
Councilmember Brown MOVED to approve the three-year Cooperating
Purchase Agreement (C2019-061) with Pipe Line Video Inspections, LLC for
storm drain pipe, structure cleaning and television services in the amount of
$150,000.00; SECONDED by Councilmember Magazine; passed
unanimously.
TOWN COUNCIL REGULAR MEETING MINUTES
JANUARY 15, 2019 PAGE 8
G. CONSIDERATION of status report on old Fire Station#2 property located at 16821
E. Saguaro and other related matters.
Mr. Miller said that near the end of last year Vice Mayor Tolis had asked about the
status of the old Fire Station #2, and he told him that there would be a presentation
regarding that status at this meeting.
Mr. Weldy said that staff secured a contract for abatement of asbestos. They had
a survey completed and are waiting on the final report. The survey is required as
part of state law before the Council makes a decision on what to do with the
building. He said that preliminary reports show that they have no asbestos and
lead; when final it will then be cleared for sale.
He said that Arizona Revised Statutes require that the Town do a sealed bid to sell
after advertising which they will do with Fountain Hills Times, Business Gazette,
and on the Town's website.
He said that the main question for Council will be whether to clear the site at an
estimated cost of $50,000 or leave it as is. Staff's recommendation is to leave as
is.
Mr. Weldy said that they have had discussions with one of the larger realty
companies regarding value, and there have been previous discussions about
proceeds going back into the capital fund, which would be nice. He said that it will
ultimately be the Council's decision and they may have to come back in executive
session to discuss specifics.
Councilmember Magazine MOVED to direct staff to begin steps to sell the
property, leaving the structure in place; SECONDED by Councilmember
Brown.
Vice Mayor Tolis asked why it would have to go out to bid. Mr. Arnson said that
statutes require either an auction or sealed bid. He was not sure if there could be
a minimum bid with an auction, but he would find out and report back to Council.
Vice Mayor Tolis said that he has always said that they have to evaluate all of the
property in the community and try to zone it for the highest and best use. He said
that the adjacent property to this is owned by the Maricopa County Sheriff's Office,
but it appears to not be used as it used to be when they had the Posse activity.
Staff should contact MCSO and try to package both parcels.
Mr. Miller said that they had that discussion about two years ago and staff made
contact with MCSO. He said that all of their properties are managed by the County
Real Estate Department. At that time, they had no interest, but timing is good to
TOWN COUNCIL REGULAR MEETING MINUTES
JANUARY 15, 2019 PAGE 9
check in with them again. Mr. Miller said that he would get with the County and
attorney and they will schedule an executive session to share that information.
Motion passed unanimously.
H. DISCUSSION with possible direction to staff relating to any item included in the
League of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to
any action proposed or pending before the State Legislature.
Mayor Dickey reported that the Legislative Session just started and the Town will
be getting legislative bulletins each week to keep them abreast of potential
legislation. She said that she had requested that the Policy Statement be provided
with this item and as new bulletins come in they will be placed on the agenda for
Council discussion. Additionally, from time to time items may come up that have
not yet made it into the bulletin but are being discussed by the Legislature, so they
may discuss those as well during this item.
Mayor Dickey explained how the Policy Statement is developed each year. She
said that there are 91 cities and towns, and they each have one vote. Resolutions
are presented for consideration and are voted on during the Annual Business
Meeting. The adopted resolutions form the basis for the Policy Statement.
She noted that the proposed resolution on short-term rental came from
Fountain Hills last year and she congratulated the former Mayor and Council as
they are not often accepted. She said that as the Council is out and about, they
should be advocating for these issues.
9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of(i) placing such item (s) on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
None
10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Mayor, individual Councilmembers, and the Town Manager
Mayor Dickey thanked everyone involved with the holiday activities, including the Balloon
Glow and others.
She reported that she was happy to be invited to meet with Senator Martha McSally along
with the east valley mayors. They discussed public safety, transportation, infrastructure,
housing, opioids, and water. She said that it was a good meeting and the Senator was
very receptive.
Mayor Dickey reported that she attended the Opening Day of the State Legislature with
State Representative Butler, who had also invited Paradise Valley Mayor Jerry Bien-
Willner. She said that these are all good opportunities to communicate the things that are
important to them.
TOWN COUNCIL REGULAR MEETING MINUTES
JANUARY 15, 2019 PAGE 10
She reported that the State of the Town is scheduled for Thursday, January 17, 2019, at
7:30 a.m. at the Community Center and it is sold out. She said that it will be live-streamed
on Facebook. The next Regular Council Meeting will be February 5, 2019, and the Retreat
will be February 7, 2019, from 9:00 a.m. to 3:00 p.m. at the Community Center. She
encouraged members of the public to attend the Retreat.
11. ADJOURNMENT.
Councilmember Brown MOVED to adjourn; SECONDED by Councilmember
Magazine; passed unanimously.
The Regular Meeting of the Fountain Hills Town Council held January 15, 2019, adjourned
at 6:58 p.m.
TOWN OF FOUNTAIN HILLS
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
Elizabeth A. Burke, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the
15th day of January 15, 2019. I further certify that the meeting was duly called and that a quorum
was present.
DATED this 5th day of February, 2019.
Elizabeth A. Burke, Town Clerk
NOTE: For further details on the discussion of a particular agenda item, please visit
http://www.fh.az.gov/agendacenter to view a video of the entire Council Meeting.
��AIN TOWN OF FOUNTAIN HILLS
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AZ c
° " TOWN COUNCIL
. , p4 AGENDA ACTION FORM
tkas is Meeting Date: 2/5/2019 Meeting Type: Regular Session
Agenda Type: Consent Submitting Department: Administration
Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162; crudolphy@fh.az.gov
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF a budget transfer from the Economic Development
Fund to the Tourism Fund in the amount of$10,000.
Applicant:
Applicant Contact Information:
Owner:
Owner Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle:
Staff Summary(background): Both the Economic Development Fund and the Tourism Fund applied for a Proposition
202 grant from the Fort McDowell community. The spending authority was budgeted in the Economic Development Fund
but not in the Tourism Fund. The grant was awarded to the Tourism Fund which had not budgeted for the grant. This
transfer will move the budgetary spending authority from the Economic Development Fund to the Tourism Fund.
Risk Analysis (options or alternatives with implications): Without this transfer, the Tourism Fund will be unable to spend
the grant money.
Fiscal Impact (initial and ongoing costs; budget status): None
Budget Reference (page number):
Funding Source: Tourism Fund
If Multiple Funds utilized, list here: Economic Development fund
Budgeted; if No, attach Budget Adjustment Form: Yes
Recommendation(s) by Board(s) or Commission(s):
Staff Recommendation(s): Approve
List Attachment(s): Budget transfer document
SUGGESTED MOTION (for council use): Approve budget transfer from Economic Development Fund to Tourism
Fund.
Page 1 of 2
Prepared by:
NA 8/2/2017
Director's Approva.
/!
Craig Rudolp y, Finance Dire for 1/28/2019
Approved:
Grady E.Miller,Town Man 1/28/2019
Page 2 of 2
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tAjN�� TOWN OF FOUNTAIN HILLS
44041 TOWN COUNCIL
. AGENDA ACTION FORM
*at is Ac‘tio
Meeting Type: Regular Session
Meeting Date: 2/5/2019
Agenda Type: Regular Submitting Department: Administration
Staff Contact Information: Grady E. Miller
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF appointing four(4) citizens to serve on the Strategic
Planning Advisory Commission for a term ending on November 5, 2020 and one (1) citizen to fill the vacancy for a term
ending on June 30, 2019.
Applicant:
Applicant Contact Information:
Owner:
Owner Contact Information:
Property Location:
Related Ordinance, Policy or Guiding Principle: Town Council Rules of Procedure 2014-9, Resolution 2009-09 SPAC
By-laws
Staff Summary(background): The terms of four(4) Commissioners ended on November 5, 2018. There is one (1)
vacancy with a term ending on June 30, 2019.
Risk Analysis (options or alternatives with implications):
Fiscal Impact (initial and ongoing costs; budget status):
Budget Reference (page number):
Funding Source: NA
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s):
Staff Recommendation(s):
List Attachment(s):
SUGGESTED MOTION (for Council use): Move to appoint , ,and
to serve on the Strategic Planning Advisory Commission for a term ending on June 30, 2020 and
to fill the vacancy for a term ending on June 30, 2019.
Page 1 of 2
Prepared by: Appr ved:
gap .
Nan Wal r, xecutive Assistant 1/22/2019 Grady E. Miller,Town an er 1/29/2019
Director's Approval:
NA Date
Page 2 of 2
�TAIN� TOWN OF FOUNTAIN HILLS
zF n TOWN COUNCIL
• 1Mir
Miro,; AGENDA ACTION FORM
that Is AC‘io
Meeting Date: 2/5/2019 Meeting Type: Regular
Agenda Type: Regular Submitting Department: Administration
Staff Contact Information: Elizabeth A. Burke, Town Clerk, 480-816-5115; eburke@fh.az.gov
REQUEST TO COUNCIL (Agenda Language): DISCUSSION with possible direction relating to any item included in the
League of Arizona Cities and Towns'weekly Legislative Bulletin(s)or relating to any action proposed or pending before the
State Legislature.
Applicant: NA
Applicant Contact Information: NA
Owner: N/A
Owner Contact Information: NA
Property Location: NA
Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01
Staff Summary(background): This agenda item will appear on the Regular Meeting agendas through the end of this year's
Legislative session. It is intended to provide an opportunity for Council to discuss any proposed or pending legislation before
the State Legislature, and possibly take action in response thereto.
Risk Analysis (options or alternatives with implications): NA
Fiscal Impact(initial and ongoing costs; budget status): NA
Budget Reference (page number): NA
Funding Source: NA
If Multiple Funds utilized, list here:
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s): NA
Staff Recommendation(s): Approve
List Attachment(s): Legislative Bulletin Issue 3—January 25, 2019; Notes from Legislative Calls of 01/22/19 & 01/28/19
SUGGESTED MOTION (for Council use): Council may give direction to the Town Manager to express a position to the
Legislature or other body with respect to any item on the League update.
Prepared by: Approved:
•
Elizabeth A. r e,Tow
n0er�f� 1/31/2b19 Grady E. Miller, Manager 1/31/2019
�y.
Page 1 of 1
League of AnzonaLEGISL
Cities ATTowns
Issue 3 —January 25, 2019
Legislative Overview
Today marks the 12th day of the legislative session. To date, 749 bills and 44
memorials have been introduced. The focus of the coming week will likely be approving
the Drought Contingency Plan prior to the deadline of Jan 31 established by the Bureau
of Reclamation. No agendas for hearings on the package of bills have been posted, but
there are rumors of a special meeting to act on the bills that may take place early next
week.
Distracted Driving Bills
Senator Kate Brophy McGee (R-Phoenix) held a press conference this week with the
family of Officer Clayton Townsend, the Salt River police officer that was struck and
killed by a distracted driver while using a cell phone, to introduce SB1165 prohibition;
texting while driving, that enacts a statewide ban on using cell phones while driving.
For years the state legislature has resisted efforts to enact a ban for fear of creating a
"nanny state" and instead cited existing distracted driving laws they believed already
addressed the issue. Cities and towns in Arizona have taken the lead on this issue by
adopting their own local hands-free ordinances and texting bans due to the lack of a
statewide ban. It wasn't until two years the legislature took the first step to enact a ban
with the adoption of SB1080 teenage drivers; communication devices prohibited,
prohibiting young drivers from using a cellphone while driving. However, the recent
death of Officer Townsend has re-energized the discussion on this issue, leading to a
total of five proposed measures, including SB1165, that lawmakers have introduced that
may lead to the passage of a statewide ban this legislative session.
SB 1165 prohibits driving while holding, typing, or manually operating a portable device
unless the driver is stopped at a red light, a railroad crossing, or is parked. The bill will
take the place of already existing local hands-free ordinances or texting while driving
bans. Drivers may operate their device that is attached to a windshield, center console
or dashboard so long as it does not hinder the driver's view of the road and it is
operated with a single tap or a swipe of their hand. Exceptions are provided for
emergency situations (calling 911) and using a devise fixed to the vehicle for
occupational duties, such as contacting a dispatcher or communicating through a
software application. The bill exempts emergency and law enforcement personnel from
the provisions and associated penalties if acting in their official capacity.
Fines range between $75 to $149 for the first offense and $150 to $250 for subsequent
offenses. The Arizona Department of Transportation must post signage on highways to
notify the public of the law and must include in driver education courses the effects of
using portable devices while driving.
Other measures that have been introduced include:
HB2069 text messaging while driving; prohibition - Representative John Kavanagh, R-
Fountain Hills
The bill makes it a civil traffic violation to use a wireless communication device to
manually write or send a written message while driving on a highway. Violations are
subject to a penalty of $100 for a first violation; $300 for a second or subsequent
violation; $500 for causing an accident; and $10,000 if the accident results in a death.
HB2165 distracted driving; reckless driving — Representative Kelly Townsend, R-Mesa
The act of participating in an activity that willfully distracts a driver from safely
operating a vehicle is a class 2 misdemeanor, which is a presumptive 4-month jail
sentence and up to $750 in fines plus surcharges and possible revocation of driving
privileges.
HB2537 hands-free wireless communication devices; driving — Representative Cesar
Chavez, D-Phoenix
Prohibits the use of wireless communication devices (device) while driving unless the
device is equipped and is operated with hands-free or voice operated features. Drivers
may use their hand to activate and deactivate a feature with a single swipe or tap of
the device if it is mounted to a windshield, dashboard or center console in a manner
that does not block a driver's view of the road. The bill provides certain exemptions,
including for emergency or law enforcement personnel acting in an official capacity.
Violations may only be prosecuted if committed in the presence of or within view of a
peace officer or established by other evidence. Violators may be subject to a petty
offense with fines between $25 and $99 for the first offense, and $100 to $200 for
subsequent offenses. Violations that cause serious bodily injury or death is a Class 2
misdemeanor, subject to a fine of not more than $4,000 plus applicable surcharges and
up to 4-months in jail.
SB1141 distracted driving — Senator J.D. Mesnard R-Chandler
Proscribes and defines distracted driving as operating a vehicle within the view of a
peace officer while engaged in an activity unrelated to and that interferes with the safe
operation of the vehicle, creating an immediate hazard to another person or property.
The bill does not stipulate a penalty for violation.
Highway Safety Fee
During the 2018 legislative session HB2166 vehicle fees; alternative fuel VLT was
passed allowing the director of the Arizona Department of Administration to set a
highway safety fee that would cover 110% of the costs to fund the state's highway
patrol budget. The League supported last year's bill viewing it, once and for all, as an
opportunity to have a dedicated funding source that resulted in an end to HURF
sweeps. The governor's 2019 proposed budget was the first to end the HURF sweeps.
However, there are multiple bills in the legislature attempting to repeal the fee because
oppose the process by which it passed, they were told by JLBC the fee would be $18
per vehicle as opposed to the ultimate fee of $32 per vehicle, or because they feel the
fee is a regressive tax.
This week, in the Senate Appropriations Committee, the League testified in opposition
to SB1001 highway safety fee; repeal; VLT, sponsored by Senator Ugenti-Rita (R-
Scottsdale). We see the highway safety fee as an end to HURF sweeps returning much-
needed funds to our cities and towns to address essential road projects. The Senate
was appreciative of our comments and willing to include language in statute indicating
that the Highway Patrol would be funded through the state general fund but ultimately
the bill passed the committee 9-0.
Election Issues
There are many bills regarding elections that have dropped this year. We are working
closely with the county elections personnel and our city clerks to make sure that we are
well versed on how these bills affect local elections.
LEGISLATIVE UPDATE CONFERENCE CALL NOTES
Tuesday, January 22, 2019— 10:00 A.M.
HB 2069 and others bills—text messaging while driving; prohibition
❖ Currently 13 cities and towns in Arizona have ordinances that regulate text
messaging and/or cell phone use while driving. This bill, sponsored by Rep. John
Kavanagh, would impose a statewide ban on texting while driving. There are at
least two other related bills that would also ban texting and other distracted
driving. It is likely one of these will pass this session and establish a statewide
standard. Senate President Karen Fann and Sen. Kate Brophy McGee,both
League legislative champions, have asked for League support of this concept. We
will keep you informed on specific language as these bills move forward.
II. Wayfair Implementation/Digital Goods
❖ Wayfair: The League is part of a coalition of groups including retailers
that is supporting the adoption of an economic threshold for online retail
transactions to be subject to TPT. The goal is to promote tax equity for
Arizona businesses, as brick and mortar businesses are at a disadvantage.
Opponents claim we should study this issue for two years, but 37 other
states have already adopted an economic standard following the US
Supreme Court decision. We are getting a good response to our proposal
from legislators but no bill has been introduced yet.
❖ Digital Goods: Last year, the League opposed bills exempting many
digital goods from taxation. We expect the issue to come back this year
but limited to exempting"software as a service" from taxation. However,
this is one of the fastest growing sectors of digital goods and we believe
the transaction is taxable, whether done physically,by downloading
software or using it online. We have not seen bill language yet.
III. Governor's Budget
❖ The Governor's proposed budget contained no surprises for cities and towns.
There is good news regarding full funding of HURF no more sweeps—due to
the implementation of the Public Safety Fee on vehicle registrations. (Some
legislators want to repeal the fee and a hearing is scheduled today for SB 1001
which does that.) The Governor's budget does continue the assessment to local
governments for DOR operations.
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LEGISLATIVE UPDATE CONFERENCE CALL NOTES
IV. Short Term Rentals
❖ Rep. Kavanaugh plans to introduce a bill that will allow some authority for cities
to address abuses of online short-term rentals such as "party houses"by requiring
special event licenses and having an owner's TPT license suspended or revoked
for multiple violations. Legislative Associate Alex Vidal will send out an email of
the draft once it drops.
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LEGISLATIVE UPDATE CONFERENCE CALL NOTES
Monday, January 28, 2019— 10:00 A.M.
I. SB1165: prohibition, texting while driving
❖ Currently 13 cities and towns in Arizona have ordinances that regulate text
messaging and/or cell phone use while driving. There are currently four bills in
the legislature that would enact a statewide law on the use of phones while
driving. It is generally agreed that SB1165, sponsored by Rep. Brophy McGee,
will be the bill that moves forward. It would prohibit a driver from holding their
phone to talk or text while the vehicle is moving, as well as preempting all local
ordinances. We will keep you informed as this idea moves forward.
II. SB1001: highway safety fee; repeal, VLT
❖ Last year, a public safety fee was passed to pay for the operations of DPS and
highway patrol and eliminate the HURF sweeps. The fee was expected to be
around $18 but was eventually set at $32 per vehicle per year. This bill repeals the
fee. Last week, Nick Ponder, our Legislative Director, testified on behalf of the
League in opposition to the fee repeal out of concern that the HURF sweeps
would start up again. Nevertheless, the bill passed out of committee 9-0.
III. League Resolutions
❖ HB2365: tax credits; affordable housing
Sponsored by Rep. Ben Toma(R-Peoria), this bill would incentivize the
construction of new affordable housing projects in rural and urban areas of the
state. The League is in support of this bill—as it's one of our resolutions for the
2019 legislative session. It has not yet been assigned to a committee,but we will
keep you informed about its progress.
❖ HB2473: state liquor board; membership
Another League resolution, this bill is sponsored by Rep. Anthony Kern (R-
Glendale). It would designate one of the five seats on the state liquor board to be
nominated by the League. We also are in support of this bill.
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LEGISLATIVE UPDATE CONFERENCE CALL NOTES
IV. Short Term Rentals; no bill number yet
❖ This bill pertains to Airbnb and similar short-term rentals. It would enable cities
to have some additional regulatory tools for problem properties, such as "party
houses" or rentals that have repeated complaints of nuisances, by revoking an
owner's TPT license. It is sponsored by Rep. John Kavanagh (R-Fountain Hills).
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