HomeMy WebLinkAbout120419PREVISED: APRIL 17, 2012
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, APRIL 19, 2012
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 o r by telephone conference call; a quorum of the
Town’s various Commissions or Boards 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.
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 t o the Presiding Officer and
not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker
chooses not to speak when called, the speaker will be deemed to have waived his or her
opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a
later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the
Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits
may be waived by (i) discretion of the Town Manager upon request by the speaker not less than
24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) t he Mayor either
prior to or during a Meeting. Please be respectful when making your comments. If you do not
comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Councilmember Dennis Brown Councilmember Tait D. Elkie
Councilmember Dennis Contino Councilmember Cassie Hansen
Vice Mayor Ginny Dickey Councilmember Henry Leger
Z:\Council Packets\2012\R4-19-12\120419AREV.docx Last printed 4/17/2012 3:49 PM Page 2 of 3
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Elder John Nichols, Four Peaks Community Church
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i.) NONE
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) NONE
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed
on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is
subject to reasonable time, place, and manner restrictions. The Council will not discuss or take
legal action on matters raised during “Call to the Public” unless the matters are properly noticed for
discussion and legal action. At the conclusion of the call to the public, individual Councilmembers
may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on
a future Council agenda.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the Town Council MEETING MINUTES from March 20
and April 5, 2012.
2. CONSIDERATION of RESOLUTION 2012-08, changing the designated authorized agent
for Federal Emergency Management Funds.
3. CONSIDERATION of a REQUEST by the Public Art Committee to accept a donated
sculpture titled “Good News” for public display.
4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Jing
Lu, Agent of K & C Evergreen LLC DBA Ha Ha China located at 11849 N Saguaro
Boulevard, Fountain Hills, AZ. This is for a series 12 license (Restaurant).
5. CONSIDERATION of approving a REPLAT of the Hamilton Homestead Condominiums,
in order to abandon the two-unit condominium plat and revert the property back to one
single lot. Property located at 16413 E. Ashbrook Drive. AKA Plat 111, Block 8, Lot 2.
Case #S2012-01
6. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Michael Scharnow, Vice President of the Kiwanis Club of
Fountain Hills, located at the Sunset Kiwanis Activity Center, 16957 E. Kiwanis Drive,
Fountain Hills, AZ, for a spaghetti western hoedown, scheduled for April 28, 2012, from 6
PM. - 10 PM.
Z:\Council Packets\2012\R4-19-12\120419AREV.docx Last printed 4/17/2012 3:49 PM Page 3 of 3
7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Debbie Skehen, President of the Fountain Hills and Lower
Verde Valley Museum and Historical Society, located at 12901 N. La Montana Drive,
Fountain Hills, AZ, for a Historical Society fundraising event scheduled for April 20, 2012
from 5 PM to 8 PM.
REGULAR AGENDA ITEMS
8. CONSIDERATION of a LICENSE AGREEMENT between the Town of Fountain Hills
and the Fountain Hills Sanitary District for the District’s use of the Town Lake Pump Back
System.
9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to the Strategic
Planning Advisory Commission RECOMMENDATION TO REVISE the Strategic Plan
2010, as presented by Chair Audra Koester Thomas on December 15, 2011, and was tabled
for future consideration.
10. QUARTERLY UPDATE on the progress of implementing TOWN COUNCIL GOALS for
FY2011-12.
11. DISCUSSION WITH POSSIBLE DIRECTION related to any item included in the
League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN.
12. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
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.
13. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
14. ADJOURNMENT.
DATED this 12th day of April 2012.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call
480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to
participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff
reports furnished the Council with this agenda are available for review in the Clerk’s office.
REVISED: APRIL 17, 2012
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, APRIL 19, 2012
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 Commissions or Boards 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.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town
Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council
Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or
the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to
state their name prior to commenting and to direct their comments to the Presiding Officer and
not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker
chooses not to speak when called, the speaker will be deemed to have waived his or her
opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a
later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the
Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits
may be waived by (i) discretion of the Town Manager upon request by the speaker not less than
24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either
prior to or during a Meeting. Please be respectful when making your comments. If you do not
comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Councilmember Dennis Brown Councilmember Tait D. Elkie
Councilmember Dennis Contino Councilmember Cassie Hansen
Vice Mayor Ginny Dickey Councilmember Henry Leger
Z:\Council Packets\2012\R4-19-12\120419AREV.docx Last printed 4/17/2012 3:49 PM Page 2 of 3
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Elder John Nichols, Four Peaks Community Church
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i.) NONE
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) NONE
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed
on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is
subject to reasonable time, place, and manner restrictions. The Council will not discuss or take
legal action on matters raised during “Call to the Public” unless the matters are properly noticed for
discussion and legal action. At the conclusion of the call to the public, individual Councilmembers
may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on
a future Council agenda.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the Town Council MEETING MINUTES from March 20
and April 5, 2012.
2. CONSIDERATION of RESOLUTION 2012-08, changing the designated authorized agent
for Federal Emergency Management Funds.
3. CONSIDERATION of a REQUEST by the Public Art Committee to accept a donated
sculpture titled “Good News” for public display.
4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Jing
Lu, Agent of K & C Evergreen LLC DBA Ha Ha China located at 11849 N Saguaro
Boulevard, Fountain Hills, AZ. This is for a series 12 license (Restaurant).
5. CONSIDERATION of approving a REPLAT of the Hamilton Homestead Condominiums,
in order to abandon the two-unit condominium plat and revert the property back to one
single lot. Property located at 16413 E. Ashbrook Drive. AKA Plat 111, Block 8, Lot 2.
Case #S2012-01
6. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Michael Scharnow, Vice President of the Kiwanis Club of
Fountain Hills, located at the Sunset Kiwanis Activity Center, 16957 E. Kiwanis Drive,
Fountain Hills, AZ, for a spaghetti western hoedown, scheduled for April 28, 2012, from 6
PM. - 10 PM.
Z:\Council Packets\2012\R4-19-12\120419AREV.docx Last printed 4/17/2012 3:49 PM Page 3 of 3
7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Debbie Skehen, President of the Fountain Hills and Lower
Verde Valley Museum and Historical Society, located at 12901 N. La Montana Drive,
Fountain Hills, AZ, for a Historical Society fundraising event scheduled for April 20, 2012
from 5 PM to 8 PM.
REGULAR AGENDA ITEMS
8. CONSIDERATION of a LICENSE AGREEMENT between the Town of Fountain Hills
and the Fountain Hills Sanitary District for the District’s use of the Town Lake Pump Back
System.
9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to the Strategic
Planning Advisory Commission RECOMMENDATION TO REVISE the Strategic Plan
2010, as presented by Chair Audra Koester Thomas on December 15, 2011, and was tabled
for future consideration.
10. QUARTERLY UPDATE on the progress of implementing TOWN COUNCIL GOALS for
FY2011-12.
11. DISCUSSION WITH POSSIBLE DIRECTION related to any item included in the
League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN.
12. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
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.
13. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
14. ADJOURNMENT.
DATED this 12th day of April 2012.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call
480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to
participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff
reports furnished the Council with this agenda are available for review in the Clerk’s office.
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TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 4/19/2012
Meeting Type: Regular Session
Agenda Type: Regular
Submitting Department: Administration
Staff Contact Information: Ken Buchanan, Town Manager, 480-816-5130, kbuchanan@fh.az.gov
Strategic Values: Not Applicable (NA)
Council Goal:
Not Applicable (NA)
REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of a License Agreement between the Fountain Hills
Sanitary District and the Town of Fountain Hills, for the District's use of Town Lake Pumpback System.
Applicant: NA
Applicant Contact Information:
Property Location: Fountain Hills Pumpback System located on Panarama Wash
Related Ordinance, Policy or Guiding Principle:
Staff Summary (background):
The Fountain Hills Sanitary District approached the Town of Fountain Hills requesting the pumpback system be
put back into service at no cost to the Town. Its Fountain Lake Pumpback System is located in Panarama
Wash and would compensate for the recent decline of available effulent available due to the housing
foreclosures and drought conditions.
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: NA
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s): NA
Staff Recommendation(s): Approve License Agreement
List Attachment(s): Fountain Hills Correspondence; Fountain Hills Sanitary District Correspondence
SUGGESTED MOTION (for Council use): Mo ve to approve a License Agreement between the Town of Fountain
Hills and the Fountain Hills Sanitary District for the district's use of the Town Lake Pumpback System.
1701284.1
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (this “Agreement”) is made as of April 19, 2012 (the
“Commencement Date”), by and between the Town of Fountain Hills, an Arizona municipal
corporation (the “Town”), as Licensor and the Fountain Hills Sanitary District, an Arizona
sanitary district (the “District”) as Licensee. The Town and the District may be referred to
herein individually as a “Party” or collectively as the “Parties.”
RECITALS
A. The Town is the fee owner of certain real property commonly referred to as
Panorama Wash, as depicted on Exhibit A attached hereto and incorporated herein by reference
(the “Town’s Property”), specific portions of which will be licensed to the District pursuant to
this Agreement, which licensed portions are depicted on Exhibit A (the “Licensed Premises”).
B. The Town is the owner of a pump-back system located on Licensed Premises
consisting of a pump, electrical service and discharge line (the “Facilities”), which can be
utilized to pump water from the Town Property to Fountain Lake.
C. The District has the need to supplement water supplies to Town Lake and desires
to use the Facilities to do so.
D. The Facilities are in need of repair prior to being utilized for pumping water to
Town Lake. The District has agreed to bear the costs associated with such repairs. Additionally,
the District has agreed to maintain and operate the Facilities at its own cost and expense in
exchange for the right to use the Facilities free of charge.
E. The Town and the District have agreed that it is in the best interests of both
Parties that the District be allowed to use the Facilities to pump water back to Town Lake.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, the following mutual covenants and conditions, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the
District hereby agree as follows:
1. The License. The Town hereby grants to the District a revocable license to use
and occupy the Licensed Premises on the terms and conditions stated in this Agreement (the
“License”), to repair, maintain and operate the Facilities for the purpose of pumping water from
the Town Property to Fountain Lake.
1.1 Limited, Nonexclusive Rights. This License is a revocable, nonexclusive,
and non-possessory authorization for the District to enter upon and use the Licensed Premises
solely for the purposes described in Subsection 1.3 below on the terms and conditions stated
herein. The District may not use the Licensed Premises for any other purpose or in any other
1701284.1 2
manner without the Town’s prior written consent. This License in no way restricts the Town’s
use or conveyance of the Licensed Premises, any interest therein, or any improvements thereon,
or the Town’s use of the Licensed Premises in any manner not inconsistent with the License.
This License is not intended to create or convey to the District an interest in real property, and
may not be recorded without the Town’s prior written permission.
1.2 Rights of Others. Nothing in this License may be construed as the Town’s
representation, warranty, approval, or consent regarding rights in the Licensed Premises held by
other parties, and the District is responsible for ascertaining the rights of all third parties in the
Licensed Premises and obtaining their consent to the activities described in this License as
necessary or appropriate. the District agrees to obtain, at its sole expense, such other licenses,
permits, consents and agreements as may be required to address the rights of others by other
appropriate agreements, easements, privileges or other rights, whether recorded or unrecorded,
and shall make its own arrangements with holders of such prior rights.
1.3 Scope of License; Permitted Uses. During the term of this Agreement, the
District shall have reasonable access to the Licensed Premises for the limited purpose of
repairing, maintaining and operating the Facilities. The District may not use the Facilities
located on the Licensed Premises for any purpose other than to provide for pumping of water to
Town Lake.
1.4 Condition of Premises. The District agrees to accept the Licensed
Premises “As Is,” without warranty of any kind, express or implied. The District acknowledges
that the Town is not obligated to construct or install any improvements or facilities of any kind
on the Licensed Premises. The District must use commercially reasonable efforts to maintain the
Licensed Premises and the Facilities in a condition satisfactory to the Town, and must not cause
or permit any generation of Hazardous Substances, as defined in Subsection 1.6 below. During
the term of this Agreement, the District will have primary and ultimate responsibility for
maintaining the condition of the Licensed Premises at the District’s sole expense, but the Town
will cooperate with the District to implement appropriate, mutually-agreed-upon procedures to
assure that the Licensed Premises are maintained in a condition that is satisfactory to both the
Town and the District.
1.5 Condition of the Town’s Facilities. During the term of this Agreement the
District must maintain the Facilities in a reasonable, safe and operable condition at all times
during the term of this Agreement. The Town will have no right or responsibility to repair,
maintain, or operate the Facilities. The Town will cooperate with the District to implement
appropriate, mutually-agreed-upon measures to assure that the Facilities are maintained in
operable condition and that if the Facilities are damaged or become inoperable, that the District
is promptly notified. The District will repair or replace, at the District’s option and at the
District’s sole expense, the Facilities or parts or components thereof as the District deems
necessary and appropriate, subject to approval by the Town Manager or authorized designee.
1.6 Environmental Hazards. The Districts agrees not to use, store, or release,
or permit to be used, stored, or released on the Licensed Premises, any Hazardous Substances
defined herein to include any toxic substances or related materials, including, without limitation,
1701284.1 3
any substances defined as or included in the definition of “hazardous substances”, “hazardous
waste”, “hazardous materials”, or “toxic substances” under any Hazardous Materials Laws
(which include without limitation, the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, the Hazardous Materials Transportation Act, the Resource
Conservation and Recovery Act, the Occupational Health and Safety Act or any amendments to
any of the foregoing, and all other federal, state and local environmental statutes, laws,
regulations, ordinances, orders, actions or policies). The District may not engage in the
production, location, transportation, storage, treatment, discharge, disposal, or release upon or
under the Licensed Premises of any substance regulated under any local, state or federal
environmental protection law or regulation.
1.7 Waste, Nuisance. The District shall not commit or suffer to be committed
any waste or impairment of the Licensed Premises and covenants that it shall not do, nor permit
to be done, on or about the Town’s Property any acts which may be a nuisance.
1.8 Compliance with Laws. In the exercise of any privilege granted by this
License, the District must comply with all applicable State, municipal and local laws, and the
rules, orders, regulations and other legal requirements, including laws and regulations relating to
occupational safety and health and environmental protection, and all orders, writs, judgments,
injunctions, decrees or awards of any court or governmental authority with jurisdiction over the
District or the Licensed Premises. The District must obtain promptly and maintain in effect
throughout the term of the License all licenses, permits, authorizations, registrations, rights and
franchises necessary to conduct the actions required or permitted by the License. Furthermore,
the District will not encourage or permit any use in or upon the Licensed Premises, or any part
thereof, in violation of any applicable laws, statutes, rules or regulations of any federal, state or
local authority.
1.9 Compliance with the Town Requirements. Any use made of the Licensed
Premises pursuant to this License, and any maintenance, repair or other work performed thereon
by the District, including the installation and removal of any article or thing, shall be
accomplished in a manner satisfactory to the Town.
1.10 Structures. The District may not place or construct upon, over or under
the Licensed Premises any installation or structure of any kind or character, except such as are
specifically authorized herein or in writing signed by the Town.
1.11 Alterations; Damage; Restoration. No alterations may be made by the
District to the Licensed Premises without first obtaining the prior, written consent of the Town
and, if applicable, any other person or entity having an interest in or right to use or occupy the
Licensed Premises. The District will bear all costs and expenses associated with performing any
such alterations, including, without limitation, costs of repairs of the Facilities and any increased
operating costs of the Town resulting from such alterations. Except as may be otherwise
provided in this Agreement, the District may not alter, destroy, displace or damage any of
Licensed Premises or any neighboring property in the exercise of the privileges granted by this
Agreement without the prior, written consent of the Town and any other affected landowner,
and the express agreement of the District promptly to replace, return, repair and restore any such
1701284.1 4
property to a condition satisfactory to the Town and any other affected landowner upon demand,
and at the District’s sole cost and expense.
1.12 Operation and Use of Facilities. The District must confine activities on
the Licensed Premises strictly to those necessary for the enjoyment of the privilege hereby
licensed, and must refrain from marring or impairing the appearance of the Licensed Premises,
obstructing access thereto, interfering with the transaction of the Town’s business and the
convenience of the public, or jeopardizing the safety of persons or property, or causing
justifiable public criticism.
1.13 Expenses. Any cost, expense or liability connected with or in any manner
incident to the granting, exercise, enjoyment, or relinquishment of this License will be assumed
and paid or discharged by the District. Such costs shall include, but shall not be limited to, costs
to repair the Facilities, all costs for electricity and other power supplies, and all costs for
maintenance and operation of the Facilities. The District shall reimburse the Town each month
during the term of this Agreement for all costs, for electricity or otherwise, incurred by the Town
and relating to the Facilities during the immediately preceding month. Such reimbursement shall
be made within 30 days after notice from the Town of such amounts being due.
1.14 Assignment. The District may not assign this License nor sub-license all
or any portion of the District’s right to use and occupy the Licensed Premises, and any purported
assignment or sub-license by the District is void. This License does not confer on or convey to
the District any possessory interest in the Licensed Premises, any right to exclusive possession or
occupancy of the Licensed Premises, or any right of quiet enjoyment. The privileges granted to
the District by this Agreement are personal to the District and may not be assigned or transferred
to any other person, firm, corporation, or other entity without the prior, express and written
consent of the Town.
1.15 Responsibility for Others. The District will be responsible for the conduct
and discipline of its employees, contractors, subcontractors, invitees, licensees, and other
persons entering upon or using the Licensed Premises pursuant to this Agreement.
1.16 Subordination. This Agreement and the License granted herein is subject
and subordinate to the terms of all ground leases, superior leases, mortgages, deeds of trust, other
security instruments, and any other prior rights and matters of record now or hereafter affecting
the Town’s interest in Licensed Premises.
2. Term of License. The License and rights granted by this Agreement will become
effective as of the Commencement Date and, unless otherwise agreed to in writing, signed by
both Parties, will automatically expire and terminate on the date the Parties enter into an
intergovernmental agreement or other document that (i) relates to this subject matter and (ii)
expressly replaces this document.
3. Consideration for License. As consideration for the License and the use of the
Licensed Premises and the Facilities, the District agrees to pay the sum of $1.00 upon execution
of this Agreement. In addition, the District will provide the Town reports and other information
1701284.1 5
relating to the License and the use of the Facilities on the Licensed Premises; provided, however,
that the District will not be required to and will not provide to the Town any information that is
proprietary or confidential.
4. Surrender. On the expiration or any earlier termination of this Agreement, the
District shall vacate the Licensed Premises and surrender possession of the Facilities to the
Town. Upon expiration or termination of the License, the District will, at the District’s sole
expense and to the Town’s satisfaction, restore the affected portions of the Licensed Premises
(surface and subsurface) to a safe condition prior to surrender.
5. Termination. This Agreement may be terminated by the District in writing to the
Town, without cause, at any time and for any reason, whereupon the Parties shall be fully
released from their respective duties, rights, obligations and liabilities under this Agreement
except as provided herein.
6. Indemnification. The District shall indemnify, defend, save and hold harmless the
Town and its officers, officials, agents, and employees for, from and against any and all claims,
actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs
of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily
injury or personal injury (including death), or loss or damage to tangible or intangible property,
including but without limitation, infringement or violation of any rights, including intellectual
property rights of third parties, caused, or alleged to be caused, in whole or in part, by the
negligent or willful acts or omissions of the District or any of its owners, officers, directors,
agents, employees or contractors, arising out of or related to the District’s occupancy and use of
the Licensed Premises. It is the specific intention of the Parties that the Town shall, in all
instances, except for Claims arising solely from the negligent or willful acts or omissions of the
Town, be indemnified by the District for, from and against any and all claims. It is agreed that
the District will be responsible for primary loss investigation, defense and judgment costs where
this indemnification is applicable. In consideration for the use and occupancy of the Licensed
Premises, the District agrees to waive all rights of subrogation against the Town, its officers,
officials, agents and employees for losses arising from the use, occupancy or condition of the
Licensed Premises.
7. Insurance.
7.1 General.
A. Insurer Qualifications. Without limiting any obligations or
liabilities of the District, the District shall purchase and maintain, at its own expense, hereinafter
stipulated minimum insurance with insurance companies authorized to do business in the State of
Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A-
or above with policies and forms satisfactory to the Town. Failure to maintain insurance as
specified herein may result in termination of this Agreement at the Town’s option.
B. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect the
1701284.1 6
District. The Town reserves the right to review any and all of the insurance policies and/or
endorsements cited in this Agreement, but has no obligation to do so. Failure to demand such
evidence of full compliance with the insurance requirements set forth in this Agreement or
failure to identify any insurance deficiency shall not relieve the District from, nor be construed
or deemed a waiver of, its obligation to maintain the required insurance at all times during the
performance of this Agreement.
C. Additional Insured. All insurance coverage and self-insured
retention or deductible portions, except Workers’ Compensation insurance and Professional
Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims
arising out of the performance of this Agreement, the Town, its agents, representatives, officers,
directors, officials and employees as Additional Insured as specified under the respective
coverage sections of this Agreement.
D. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms of this
Agreement are satisfactorily performed, completed and formally accepted by the Town, unless
specified otherwise in this Agreement.
E. Primary Insurance. The District’s insurance shall be primary
insurance with respect to performance of this Agreement and in the protection of the Town as an
Additional Insured.
F. Waiver. All policies, except for Professional Liability, including
Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation)
against the Town, its agents, representatives, officials, officers and employees for any claims
arising out of the work or services of the District. The District shall arrange to have such
subrogation waivers incorporated into each policy via formal written endorsement thereto.
G. Policy Deductibles and/or Self-Insured Retentions. The policies
set forth in these requirements may provide coverage that contains deductibles or self-insured
retention amounts. Such deductibles or self-insured retention shall not be applicable with
respect to the policy limits provided to the Town. The District shall be solely responsible for any
such deductible or self-insured retention amount.
H. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, the District shall execute written agreements with its subcontractors
containing the indemnification provisions set forth in this Section and insurance requirements set
forth herein protecting the Town and the District. The District shall be responsible for executing
any agreements with its subcontractors and obtaining certificates of insurance verifying the
insurance requirements.
I. Evidence of Insurance. INTENTIONALLY OMITTED.
7.2 Required Insurance Coverage.
1701284.1 7
A. Commercial General Liability. The District shall maintain
“occurrence” form Commercial General Liability insurance with an unimpaired limit of not less
than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual
Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising
from premises, operations, independent contractors, products-completed operations, personal
injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy
form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s
clause. To the fullest extent allowed by law, for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited
as an Additional Insured under ISO, Commercial General Liability Additional Insured
Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section
II) is amended to include as an insured the person or organization shown in the Schedule, but
only with respect to liability arising out of “your work” for that insured by or for you.” If any
Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance
shall be “follow form” equal or broader in coverage scope than underlying insurance.
B. Vehicle Liability. The District shall maintain Business
Automobile Liability insurance with a limit of $1,000,000 each occurrence on the District’s
owned, hired and non-owned vehicles assigned to or used in the performance of the District’s
work or services under this Agreement. Coverage will be at least as broad as ISO coverage code
“1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed
by law, for claims arising out of the performance of this Agreement, the Town, its agents,
representatives, officers, directors, officials and employees shall be cited as an Additional
Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or
equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such
Excess insurance shall be “follow form” equal or broader in coverage scope than underlying
insurance.
C. Professional Liability. If this Agreement is the subject of any
professional services or work, or if the District engages in any professional services or work
adjunct or residual to performing the work under this Agreement, the District shall maintain
Professional Liability insurance covering negligent errors and omissions arising out of the
Services performed by the District, or anyone employed by the District, or anyone for whose
negligent acts, mistakes, errors and omissions the District is legally liable, with an unimpaired
liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. In the event
the Professional Liability insurance policy is written on a “claims made” basis, coverage shall
extend for two years past completion and acceptance of the Services, and the District shall be
required to submit certificates of insurance and a copy of the declaration page(s) of the insurance
policies evidencing proper coverage is in effect as required above.
D. Workers’ Compensation Insurance. The District shall maintain
Workers’ Compensation insurance to cover obligations imposed by federal and state statutes
having jurisdiction over the District’s employees engaged in the performance of work or services
under this Agreement and shall also maintain Employers Liability Insurance of not less than
$500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy
limit.
1701284.1 8
7.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or materially changed without 30 days’ prior written notice to the Town.
8. Notices and Requests. Any notice or other communication required or permitted
to be given under this Agreement shall be in writing and shall be deemed to have been duly
given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail,
registered or certified, return receipt requested, to the address set forth below or (C) given to a
recognized and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Kenneth W. Buchanan, Town Manager
With copy to: GUST ROSENFELD, P.L.C.
One East Washington Street, Suite 1600
Phoenix, Arizona 85004-2553
Attn: Andrew J. McGuire, Esq.
If to the District: Fountain Hills Sanitary District
16941 East Pepperwood Circle
Fountain Hills, Arizona 85268
Attn: Ronald D. Huber, District Manager
With copy to: Curtis, Goodwin, Sullivan, Udall & Schwab
501 East Thomas Road
Phoenix, Arizona 85012
Attn: William P. Sullivan
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
9. Interpretation. The headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
When a reference is made in this Agreement to a Section, such reference shall be to a Section of
this Agreement unless otherwise indicated.
1701284.1 9
10. Entire Agreement. This Agreement and the exhibits and schedules referenced or
attached hereto constitute the entire agreement between the Parties with respect to the subject
matter hereof and shall supersede all prior agreements, understandings and negotiations, both
written and oral, between the Parties with respect to the subject matter hereof. This Agreement is
not intended to confer upon any person other than the Parties hereto any rights or remedies
hereunder.
11. Severability. If any terms or other provision of this Agreement or the schedules
or exhibits hereto shall be determined by a court, administrative agency or arbitrator to be
invalid, illegal or unenforceable, such invalidity or unenforceability shall not render the entire
Agreement invalid. Rather, this Agreement shall be construed as if not containing the particular
invalid, illegal or unenforceable provision, and all other provisions of this Agreement shall
nevertheless remain in full force and effect so long as the economic or legal substance of the
transactions contemplated hereby is not affected in any manner materially adverse to either
Party. Upon such determination that any term or other provision is invalid, illegal or
unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect
the original intent of the Parties as closely as possible in an acceptable manner to the end that the
transactions contemplated hereby are fulfilled to the fullest extent permitted under applicable
law.
12. Information. Subject to applicable law and privileges, each Party hereto
covenants with and agrees to provide to the other Party all information regarding itself and
transactions under this Agreement that the other Party reasonably believes is required to comply
with all applicable federal, state, county and local laws, ordinances, regulations and codes.
13. Further Agreements. The Parties shall execute or cause their applicable affiliates
to execute such additional agreements between the Parties and/or their respective affiliates as
may be reasonably necessary to effectuate the intent of this Agreement.
14. Binding Effect. This Agreement shall inure to the benefit of and be binding upon
the Parties hereto and their respective legal representatives and successors, and nothing in this
Agreement, express or implied, is intended to confer upon any other person any rights or
remedies of any nature whatsoever under or by reason of this Agreement. This Agreement may
be amended at any time by mutual consent of the Town and the District, evidenced by an
instrument in writing signed on behalf of each of the Parties.
15. Amendment and Modification. This Agreement may be amended, modified or
supplemented only by a written agreement signed by all of the Parties hereto.
16. Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on
the part of either Party hereto in the exercise of any right hereunder shall impair such right or be
construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or
agreement herein, nor shall any single or partial exercise of any such right preclude other or
further exercise thereof or of any other right. All rights and remedies existing under this
Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
1701284.1 10
17. Authority. Each Party represents to the other Party that (i) it has the corporate or
other requisite power and authority to execute, deliver and perform this Agreement, (ii) the
execution, delivery and performance of this Agreement by it have been duly authorized by all
necessary corporate or other actions, (iii) it has duly and validly executed and delivered this
Agreement and (iv) this Agreement is its legal, valid and binding obligation, enforceable against
it in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization,
moratorium or other similar laws affecting creditors’ rights generally and general equity
principles.
18. Third Party Beneficiaries. None of the provisions of this Agreement shall be for
the benefit of or enforceable by any third party, including any creditor of any Person. No such
third party shall obtain any right under any provision of this Agreement or shall by reasons of
any such provision make any claim in respect of any liability (or otherwise) against either Party
hereto. Notwithstanding the foregoing, it is understood that the District’s rights hereunder shall
inure to the benefit of the District’s affiliates and their officers, directors and employees.
19. Default; Remedies. The actual or prospective failure of either party to satisfy any
material obligation under this Agreement, and the breach of any material representation or
warranty stated in this agreement, will be an event of default. If a party’s default continues
without cure for 30 days after delivery of a written notice of default in the manner provided in
Section 8, the other party will be entitled to terminate this Agreement for cause, and to all other
remedies available at law or in equity, including damages and specific performance. The rights
and remedies set forth in this agreement are not intended to be exhaustive and the exercise by
either party of any right or remedy does not preclude the exercise of any other rights or remedies
that may now or subsequently exist in law or equity or by statute or otherwise. Failure or delay
by the Town to exercise any right, power or privilege will not be deemed a waiver thereof.
20. Attorney’s Fees. If a suit, action, arbitration or other proceeding of any nature
whatsoever is instituted in connection with any controversy arising out of this Agreement or to
interpret or enforce any rights under this Agreement, the prevailing party shall be awarded its
reasonable attorney fees, and costs and expenses incurred.
21. Miscellaneous. Time is of the essence with respect to the performance of every
provision of this Agreement in which time of performance is a factor. Except as expressly
provided herein to the contrary, when a Party is required to do something by this Agreement, it
shall do so at its sole cost and expense without right of reimbursement from the other Party.
Whenever one Party’s consent or approval is required to be given as a condition to the other
Party’s right to take any action pursuant to this Agreement, unless another standard is expressly
set forth, such consent or approval shall not be unreasonably withheld, conditioned or delayed.
22. Counterparts. This Agreement may be executed in separate counterparts, each of
which shall be deemed an original and all of which, when taken together, shall constitute one and
the same agreement.
23. Governing Law; Venue. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Arizona. The exclusive venue for any litigation,
1701284.1 11
arbitration, administrative hearing or the like concerning this Agreement or any matter arising
therefrom shall be in Maricopa County, State of Arizona.
IN WITNESS WHEREOF, the Parties hereto have executed this instrument as of the date
and year first set forth above.
“Town” “District”
TOWN OF FOUNTAIN HILLS, an Arizona FOUNTAIN HILLS SANITARY
municipal corporation DISTRICT, an Arizona sanitary district
Jay T. Schlum, Mayor Bruce Hansen, Chairman of the Board
ATTEST: ATTEST:
Bevelyn J. Bender, Fountain Hills Town Clerk Ronald D. Huber, Secretary of the Board
1701284.1
EXHIBIT A
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
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[Depiction of Town Property and Licensed Premises]
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EXHIBIT A
LICENSED PREMISES
You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)
3rd QUARTER
REPORT ON
COUNCIL GOALS
FOR FY2011-12
April 19, 2012
November 17, 2011
Page 1 of 10
On December 16, 2010, the Town Council adopted Council Goals for FY2011-12 based on Strategic Plan
2010.
The following graph depicts progress that the staff has made toward achieving these goals since the
beginning of FY2011-12:
0 10 20 30 40 50 60 70 80 90 100
Recreational Opportunities and Amenities
Economic Vitality
Education, Learning, and Culture
Civic Responsibility
Environmental Stewardship
Civility
PERCENT COMPLETE
PROGRESS TO COUNCIL GOALS FOR FISCAL YEAR 2011 -12
Quarter 1
Quarter 2
Quarter 3
OVERVIEW
Page 2 of 10
Strategic Value: CIVILITY
Percent Complete: 100%
C1 Practice the art of civility in all public settings and encourage those around you to do the same.
Staff supports the concept and principle that civility serves as the foundation of our interactions and
relationships internally and externally by reaching out to local organizations and asking how the Town
and the organizations can work together to maintain open and respectful dialogue in advance of divisive
issues becoming controversial.
C2 Support community events and activities that create opportunities to build community and
friendship.
1. Build on success of current service events and opportunities.
“Make a Difference Day” was held on Saturday, October 22, 2011 from 7:30 a.m. to noon. The
event was coordinated by Volunteer Coordinator Heather Ware and her much appreciated planning
committee that included Nan Norton, Paul Appledorn, Boyce Baldwin, Pastor Steve Bergeson,
Victoria Caltabiano, Dan Foster, Bill Myhr, Jo Nelson and Mike Scharnow. Approximately 175
residents volunteered their time and skills to complete a variety of projects consisting of building a
wheelchair ramp, building fences, patching stucco, painting, clearing brush and overgrown
landscaping, cleaning closets, and cleaning garages. In addition, great progress was made at
Fountain Park with the Greening of Downtown project. This first “Make a Difference Day” in
Fountain Hills was a big success and we would like to continue to be a part of national “Make a
Difference Day” each fall, held on the fourth Saturday in October. The recipients of this event were
extremely grateful. One lady stated that with all the negative things going on in the world, this
event restored her faith in mankind. Some prepared food for the volunteers and many became
teary eyed when expressing their appreciation. Overall it was a very rewarding experience. Many of
the volunteers with “Make a Difference Day” want to continue to help the residents they served
during the event on an ongoing basis.
2. Provide new event to provide opportunity for community service and camaraderie building.
This initiative was intended to introduce the Keep Fountain Hills Beautiful Day in conjunction with
the Keep America Clean initiative. The Town held the second annual “Make a Difference Day” event
that was extremely successful. The efforts of the staff and volunteers resulted in so many
community projects being completed that staff will focus efforts on continuing this program next
fiscal year rather than diluting efforts with a second event.
3. Support and contribute to state centennial activities and incorporate centennial activities.
The local event to celebrate the Arizona Centennial was held on Sunday, February 12, at the
Centennial Circle adjacent to the Community Center. There were an estimated 400-500 people at
the event. An application to the Arizona Centennial Commission was prepared, submitted and
approved to have this local event sanctioned as an official State Centennial event. The 2011 theme
for the Holidays at the Community Center in December was “Christmas through the Years – a
Centennial Celebration of the Holidays”. The Centennial Circle was improved in December with the
addition of decorative pavers and landscaping in a design created by the local Centennial Committee
members. A monument was placed by the Community Center that recognizes local residents, Jerry
and Jackie Miles who played a significant part in establishing the Town’s art collection.
4. Develop a proposal to reduce the cost of facility use and rental fees for residents and organizations
in Fountain Hills.
Two new proposals were approved this year in the new fee structure that was adopted at the
Community Center. One was to reduce the fee for local groups that book on a more frequent basis.
Page 3 of 10
Additionally, the fees for audio visual use at the Community Center, which are again used often by
local groups, were reduced by half.
5. Develop a program to encourage organizations to partner with the Town in facility maintenance and
upkeep.
The initiative is to meet with stakeholder groups to determine the parameters of a program that
would encourage regular user groups to participate in general maintenance. The majority of groups
that regularly use Town facilities are proud of their facility and willingly assist in the cleanup.
To date, the following groups have agreed to participate as indicated:
- Sonoran Conservancy – Maintain the trails in the Preserve and the Town’s Overlook Trail
- Botanical Garden Society – Maintain the Desert Botanical Garden and the Desert Wildflower
Garden in Fountain Park; provide docents for tours of the Desert Botanical Garden by the public
- Master Gardeners – Maintain the Low-Water Garden in Fountain Park
- Volunteers – help to maintain the public art on display outdoors; act as docents for art walks
- Little League and Soccer both contribute to help cover some of the cost of maintaining their
respective facilities at both Golden Eagle Park and Desert Vista Park.
- Local Veterans groups help defray some of the costs to maintain the Veterans Memorial.
C3 Genuinely solicit and consider public and stakeholder feedback as part of the decision-making
process.
1. Encourage greater citizen participation in Town Halls.
Town staff has introduced the concept of “Citizen Town Halls” by inviting residents to visit their
Town Hall and meet with a Department Director from any department regarding any issues that
they would like to talk about. The first Citizen Town Hall in September had five resident attendees
and the second had two. Additional Town Halls were held during the months of October through
December with minimal public attendance. On Wednesday, April 18, Town staff will hold a public
budget Open House that will give residents an opportunity to provide feedback on the proposed
FY12-13 budget document.
Expand web-based feedback instruments to encourage public stakeholder feedback.
The initiative is to utilize technology to survey citizen satisfaction with Town services and identify
areas for improvement. During the Town Manager search, a survey was added to the website
asking residents for input on what they would like to see in a new Town Manager. The website was
updated to include a searchable “Tax Dollars at Work” section that includes all payments made to
vendors for the fiscal year. The front page was also updated to provide a link for residents to follow
the proposed Congressional and Legislative redistricting efforts of the Arizona Redistricting
Commission. The Administrative Department/Finance now includes a link to the monthly budget
report showing year to date revenues and expenditures, as well as a feedback link for the FY12-13
proposed budget.
2. Consider strategies that utilize social media as a feedback instrument.
The Town has updated the front page of the Town website to make it more dynamic with more
current information. For example, a link was provided to the Arizona Redistricting Commission
website so residents could follow the changes made to the Congressional and Legislative Districts.
As a result, more citizens contacted the Town on how to become engaged. Additionally, staff has
increased the posts to the Town’s Facebook and Twitter accounts to alert residents of ongoing
events. . A new communication tool is the use of “robo calls” to contact volunteers to remind them
of upcoming events; it is anticipated that this method of reaching out to residents can be expanded
as more residents sign up with their contact information.
Page 4 of 10
Strategic Value: Environmental Stewardship
Percent Complete: 99%
ES3 Explore and implement new technologies and opportunities that will minimize noise, air, and
light pollution and reduce energy consumption.
1. Conduct and analyze Town energy audit and employ strategies to reduce energy consumption.
An Energy Audit has been completed. Three high-priority items from the audit were to install a new
energy management system (EMS), HVAC upgrades, and lighting retrofits to more energy efficient
lights and fixtures.
2. Investigate ways to reduce energy costs.
A new energy management system for the Town Center complex has been installed. Staff will
monitor the energy use data collected by the EMS to calculate energy savings. We will continue to
use the energy audit as a tool to implement priority energy saving measures on Town-owned
facilities in the future. Staff will be bidding out mini-split HVAC systems for electrical rooms as well
as lighting retrofits in early 2012.
3. Recommend sustainable practices.
Staff will continue promoting water conservation through our low-water landscape ordinance and
utilizing “Water Use It Wisely” as part of our public outreach and education for water conservation.
Staff works closely with Allied Waste and Recyclebank to educate and encourage residents on
increasing the landfill diversion rate of the Town’s curbside trash and recycling program. A Town
sponsored electronics recycling event and a Museum sponsored paper shredding event was held in
November of 2011. These events are planned for April of 2012 as well.
Strategic Value: Civic Responsibility
Percent Complete: 90%
CR2 Discover, recognize, and utilize the talents of our citizens and use these assets to address
community needs.
1. Expand “Take Pride Day” where volunteers complete small jobs to promote facility maintenance and
upkeep of amenities, perhaps as a semi-annual event or as part of Centennial activities.
The initiative is to continue to build on the success of “Take Pride Day.” The FY11-12 budget
included a spring “Take Pride Day”; staff would like to propose foregoing the annual “Take Pride
Day” in lieu of expanding “Make a Difference Day”. Our staff does such a great job maintaining
Town-owned property that it is a challenge to create municipal projects for a “Take Pride Day”
event. National “Make a Difference Day” is more aligned with the strategic direction of utilizing the
talents of our citizens to address community needs, and we are confident it will grow larger each
year. The 2011 “Make a Difference Day” event was a huge success.
2. Establish a senior mobility program that uses volunteers to escort seniors to doctor’s appointments,
services, and other errands.
The Give-A-Lift program has been in existence since July of 2009. We currently have approximately
50 riders and are in desperate need of more volunteer drivers. Our Volunteer Coordinator will
continue to reach out to local organizations, at Volunteer Coffees, and through newspaper articles in
an attempt to recruit more volunteers for this program.
Page 5 of 10
CR3 Foster a culture of public service and volunteerism.
1. Continue to utilize Volunteer Coordinator to foster volunteerism for activities and initiatives.
Our Volunteer Coordinator continues to actively recruit volunteers. There are application packets in
each of the kiosks at the Town Hall, Community Center and Library. The Volunteer Program is
featured on our website. In addition, our Volunteer Coordinator continues to speak at local
organizational meetings to discuss the numerous roles volunteers can fill. Periodic articles appear in
the Fountain Hills Times. Partnering with clubs and organizations, as well as the faith community,
brings new volunteers to the Town as seen in our recent “Make a Difference Day”. Our greatest
resource continues to be word of mouth.
2. Expand on the Adopt A Street program to include citizen stewardship of community assets.
Several public areas have now been adopted by a number of local groups that are assisting with the
maintenance of various community assets. These include the trails in the Preserve and adjacent to
Fountain Park, the Desert Botanical Garden, and the Low-Water and Desert Wildflower Gardens in
Fountain Park. Volunteers are also continuing to maintain the display of public art on a monthly
basis.
CR4 Implement a comprehensive communications plan to encourage informed citizen participation in
civic life.
1. Develop a communications strategy to effectively provide information to citizens.
The initiative is to develop a comprehensive citizen’s communications strategy which identifies how
citizens most often prefer to receive information about the Town and prescribe methods the Town
can effectively communicate with residents and other critical publics. Developing a comprehensive
communications strategy without staff dedicated to this initiative limits how comprehensive any
strategy can be. However, staff continues to communicate through appearances at local
organization meetings, Citizen Town Halls, monthly AveNEWS, weekly Manager’s reports, Facebook,
Twitter and Town website.
2. Develop a single community activities and events calendar to showcase Town, partner, and regional
activities and serve as a clearinghouse to communicate opportunities.
The Town website has a calendar that includes events that the Town is aware of; staff solicits
information from local organizations so that their events can be included on the calendar.
3. Close the loop on citizen inquiries and inform council members of final answers/resolution.
Citizens are encouraged to submit comments, complaints, or inquiries through the Town website’s
citizen portal, eFountain. The issue can then be tracked by both the citizen and staff (and Council)
as to the progress and/or resolution. The system sends an email to the citizen when the issue is
closed so they can see that their issue was addressed. Issues forwarded by the Town Council to staff
are also entered into eFountain to ensure that there is follow-up.
4. Utilize civic events to share information about Town issues.
The Town participated in the Fountain Hills PTO Holiday Boutique on December 4, 2011 by
purchasing a booth space. Town staff manned the booth with brochures and information on Town
services and staff was available to answer questions from participants on any Town issues.
CR7 Communicate the role of local government and clearly define the trade -offs between service
levels and amenities and the associated costs so residents can make informed choices.
1. Deliver budget presentations to identified community stakeholder groups.
The FY2012-13 budget process began with the Council budget retreat on Thursday, November 17, at
the Fountain Hills Community Center, and was open to the public. The Town Council was presented
with the “tools” that are available for balancing a municipal budget each year and worked together
to come up with those options that were considered as part of the discussion for the budget goal
Page 6 of 10
setting retreat session on January 26, 2012 at the Community Center. During the month of April,
2012, staff will make presentations to as many local organizations who are interested on the
proposed budget to seek feedback on proposals.
2. Continue to present Citizens Academy.
The second annual Citizens Academy was conducted for seven weeks beginning Wednesday,
January 25 through Wednesday, March 7, 2012. The classes included presentations from
Administration, Community Services, Development Services, Law Enforcement, the Fire Department,
the Municipal Court, and the Mayor.
3. Create an easy-to-understand, meaningful document that translates the budget for public
consumption.
The Budget in Brief document will be enhanced to provide comprehensive but easy to understand
information for the public. The document is posted on the Town’s website.
4. Clearly communicate policy decisions and implications of decisions.
Included as part of the Budget in Brief document.
5. Investigate the potential of becoming an Arizona We Want pilot community.
The Town applied to be considered but was not accepted; the Town will support the local business
that was accepted and contribute in any way that we can.
Strategic Value: EDUCATION, LEARNING AND CULTURE
Percent Complete: 90%
ELC2 Support partners in providing arts and cultural opportunities and amenities.
Staff presented recommendations to the Town Council to help streamline the special event process for
applicants, staff and the Town Council. The proposed recommendations were approved at the
November 3 Town Council meeting. Additionally, staff is working with representative from Fort
McDowell, and their enterprises, to better communicate and potentially jointly program for special
events.
1. Identify local talent and promote opportunities to showcase talents at community events and
activities.
Staff researched options for this event and feedback was less than enthusiastic for an event of this
nature. Staff has removed this event from the budget for FY 2011-12.
Support public art walk.
Staff continues to support the public art walk and has expanded the private tour offerings by
reaching out to neighboring school districts. The art docent manuals have been updated to reflect
the new art acquisitions since last season. The orientation meeting was held to kick off the new
season of art walks.
ELC4 Position the community’s arts and cultural businesses, venues, and amenities as economic
drivers integrated into the Town’s comprehensive economic strategy.
1. Increase external awareness of and interest in public art.
This initiative was intended to provide a partial virtual tour of public art in Fountain Hills; once the
Town has a digital library of all the art pieces, the virtual tour will be available on the Town’s
website.
2. Continue to support Greening project.
Staff continue to work closely with the Greening of Downtown group and is close to finishing Phase
IV of the project. The planting of forty additional trees was completed this winter. Planning is now
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underway for Phase IV, the final phase planned for Fountain Park, which will include a cactus garden
and additional improvements to add landscaping around the amphitheater.
Continue to support the arts district.
The Town supports the arts district by coordinating the general maintenance of each piece of art
through volunteers, as well as hiring a professional to come in twice a year for maintenance.
ELC5 Encourage access to higher learning opportunities or the establishment of an educational or
training campus within our community.
1. Broker a commitment from an organization to establish an educational or training facility/program
in Fountain Hills. Report on activities to date.
The Town continues to maintain a relationship with Scottsdale Community College (SCC). After
several meetings and discussions, SCC’s desire to work with Fountain Hills appears to be leaning
more toward assisting in workforce training and development on a case by case basis for Fountain
Hills’ businesses rather than establishment of a program or facility in the community. After
research on communities who have been successful in attracting institutions of higher learning, it
appears, among other factors, the communities tend to have a significant population growth pattern
with a trend toward a younger population base. We will continue to monitor opportunities and
respond appropriately.
Strategic Value: ECONOMIC VITALITY
Percent Complete: 60%
EV1 Develop a comprehensive economic development strategy for the Town’s future and work with
our partners to forward economic growth and awareness.
The economic vitality plan, which includes a comprehensive economic development strategy for the
Town’s future, is drafted. Updates and revisions are currently underway. The completion of a final
draft is anticipated prior to the end of the fiscal year.
1. Develop a comprehensive community marketing plan/campaign.
This initiative is to determine theTown’s “brand” and develop a comprehensive branding strategy.
Both the Strategic Planning Advisory Commission and the Fountain Hills Chamber are working on
creating a brand to market Fountain Hills. The Chamber has presented an update on the branding
initiative to the Town Council and is developing a brand marketing strategy that will promote the
Town of Fountain Hills.
EV2 Develop and maintain a balanced, equitable, sustainable, local financing structure to support the
Town’s core government services at desired service levels.
1. Revisit the 2007 Revenue Enhancement Analysis Report and identify potential strategies for
consideration and/or implementation.
The Revenue Enhancement Analysis was prepared in 2007 and contains significant amounts of data
that compares Fountain Hills to similar communities both inside and outside of Arizona. An update
of the report was proposed for the FY12-13 budget; however, the Town Council removed the item
from the toolbox.
2. Review and consider implementation of a storm water maintenance fee.
The stormwater fee was considered last year but did not receive Council support. The fee was
presented as a “toolbox” item during the FY12-13 Council budget retreat discussion but did not
receive majority Council support.
3. Consider establishing a financial sustainability commission to review and recommend strategies to
ensure long-term financial sustainability.
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The initiative to consider establishing a financial sustainability committee to review and recommend
strategies to ensure long-term financial sustainability is a program that the Strategic Planning
Advisory Commission would like to move forward with. During the joint meeting between the Town
Council and the Strategic Planning Advisory Commission, there was significant discussion regarding
the direction in which Council would like SPAC to move.
EV4 Promote retention, expansion, and relocation of quality businesses.
Several strategies with specific focus areas are being used to implement this element of the
Strategic Plan.
Retail Business Recruitment / Attraction:
Recruitment of retail businesses, which will provide products and services for Fountain Hills’
residents, continues to be an emphasis.
The Town continues to build relationships with the real estate professionals who represent retail
space in Fountain Hills and provide them with information on the market. To that end, the Town
has worked with various leasing agents over the course of the 3rd Quarter to provide information
and support for their marketing efforts. Staff analyzed and prepared information on restaurant and
bar retail sales tax collections from 2007 through 2011. The information was sent to l easing agents
and property owners of retail space in Fountain Hills for use in marketing their Fountain Hills
property. The information was well received, with additional information on the Fountain Hills
market provided.
As part of the outreach efforts to attract retail, staff attended the International Council of Shopping
Centers (ICSC) Southwest Idea Exchange to learn about the state of retail. In addition, staff spoke
with retailers or their representatives and other real estate representatives about their expansion
plans and location criteria. In preparation for the 2012 ReCon trade show, outreach to the real
estate professionals who represent retail space in Fountain Hills began.
Business Recruitment / Attraction:
The attraction of businesses that will create quality jobs, increase daytime population, and build the
community’s economic base continues to move forward. The identified targeted business sectors
for Fountain Hills align well with the Greater Phoenix Economic Council’s (GPEC’s) target industry
sectors.
Staff met with GPEC business development representatives to relay information on the targeted
business sectors and discuss benefits associated with a Fountain Hills location. As an ongoing effort,
staff regularly participates in GPEC meetings and is engaged in continuous interaction with GPEC.
In addition to GPEC, staff outreached to Arizona Commerce Authority (ACA) business development
representatives to discuss location opportunities in Fountain Hills, and learn about the changes
within the organization and programs available.
In the 3rd Quarter, Fountain Hills researched, prepared and submitted two prospect packages
outlining the benefits of a Fountain Hills location for two companies looking at Arizona. These
opportunities came through GPEC and ACA.
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1. Provide opportunities to receive feedback from those investing in our community.
GPEC provided support for a telephone outreach to specific businesses in Fountain Hills to garner
feedback as well as information on the business. This strategy was deployed as a forum for an
exchange of ideas with the Town and for the Town to receive feedback on items which may be of
concern.
2. Develop strategies that focus on business retention within the community.
GPEC implemented an outreach effort to our existing businesses in specific sectors. The purpose
was to gather information from our existing businesses which will help define and refine the
competitive advantages of a Fountain Hills location. A questionnaire was used to facilitate data
gathering and also allows input from the existing business base as to how the Town can improve the
local and regional business climate.
3. Continue to review codes to identify opportunities to relieve businesses of unnecessary regulation.
A sign committee made up of two Councilmembers, two Planning and Zoning Commissioners, four
staff members, the President of the Chamber of Commerce, and five members of the business
community meet on a weekly basis to discuss changes to the Town’s Zoning Ordinance, specifically
signage. The committee has met 13 times over the past four months. The committee will
recommend a one-year extension of the sunset clause for A-frame and banner signs in December.
Numerous additional changes have been discussed to date; once all of the sign regulations are
reviewed, any proposed changes will be presented to the public at Open Houses and then they will
go to the Planning and Zoning Commission for their review and recommendation to the Town
Council. The first draft will be presented at public open houses held on March 27, 2012 and April 11,
2012, with review by the Planning and Zoning Commission and adoption by the Town Council
occurring sometime in early fall of 2012.
4. Examine possibilities associated with acquisition of properties not used by school district for
possible business location or other municipal uses.
The initiative to examine possibilities associated with acquisition of properties not used by the
school district for possible business location or other municipal uses has not moved forward at this
time; the Four Peaks elementary school currently has a tenant is not available for Town use.
EV5 Promote Fountain Hills as a visitor destination.
1. Continue to support and partner with the Fountain Hills and Fort McDowell Tourism Bureau.
Staff regularly attends the bi-monthly meetings of the Visitor’s Bureau to share information about
upcoming events. Staff also meets regularly with Visitor’s Bureau staff to provide input on
marketing efforts related to events and Fountain Hills as a wedding destination. Staff recently met
with a representative from the Radisson Fort McDowell to discuss increased awareness of eve nts
between the Town and resort and the Fort McDowell Yavapai Nation. Staff plans to increase
communication between the Town and all the relevant Fort McDowell enterprises moving forward.
EV6 Identify a slate of economic development tools and strategies (including tax incentives, fee
abatements, etc.) to stimulate economic growth.
1. Develop a strategy to focus new development and business relocation to the Downtown Core (along
Avenue of the Fountains).
Based on the Downtown Vision Plan, and the information and recommendations made at the ULI
AzTAP event, a strategy has been developed and is being implemented which focuses efforts on new
business attraction to vacant spaces on the north side of the Avenue. The guiding principles are to
increase foot traffic and vibrancy while encouraging a complementary business mix. The strategy is
to attract another anchor business to the Avenue and infill with complementary businesses.
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Implementation items completed include a vacant space inventory, contact with leasing agents of
vacant space, identification of a building that can accommodate an anchor business, identification of
target business types, conceptual building layout for building, and conceptual redesign of open
space/courtyard space.
2. Analyze and facilitate necessary rezoning (and related activities) to support future Lakeside District
development and look at other tools that might prepare us for making the Downtown Vision Plan
come to life as the economy improves.
The proposed road bond that was not approved by Fountain Hills voters had included reconstruction
of the Avenue of the Fountains and Saguaro Blvd. intersection, which involved components of the
Downtown Vision Plan.
Strategic Value: RECREATIONAL OPPORTUNITIES AND AMENITIES
Percent Complete: 80%
R2 Provide an interconnected, multi-use trail and bicycle system that promotes active living, physical
activity, education, and appreciation of our parks and natural resources.
1. Utilizing the Urban Trails Plan, identify improvements along circuits that better accommodate and
promote multi-modal use of urban trails.
Staff continues to work with a consultant to develop an overall Urban Trail Plan to include signage
and trail markings. The proposed Urban Trail Plan was presented to both the Town Council and the
Parks and Recreation Commission at their joint meeting. Current plans call for the proposed plan to
be presented to the Council in mid-2012. Funding to begin implementing the Trail Plan has been
requested in the FY 2012-13 year budget and will include trailhead and trail signage, as well as an
informational trailhead kiosk.
2. Provide analysis of pedestrian movements with the Town and identify interconnect gaps.
A sidewalk map has been created. Community and Development Services have developed a
preliminary Urban Trails Plan, which also helped identify gaps in the sidewalks where potential
pedestrian paths may be located in the future.
The Town Council placed on hold a capital project which would have connected the sidewalk on the
south side of Shea Blvd. at Eagle Mountain to the City of Scottsdale multi-use path at 142nd Street.
This is a joint project with the City of Scottsdale that included CMAQ funding. Staff anticipates
bringing the project back to Council in FY12-13 to determine if the Town wishes to move forward
with the project or forfeit the grant funding.
3. Work with Sonoran Conservancy and other organizations to expand and maintain Preserve Trails.
Staff continues to support the efforts of the MMPC and continues to work with the commission on
possible expansion of the trail system to include a link to the Preserve trail system from Scottsdale.
In addition, the Sonoran Conservancy has agreed to maintain the Town’s Overlook Trail system that
provides views adjacent to Fountain Park and the lake.
ISSUE 13 - April 6, 2012
Legislative overview
Today is the 89th day of the second regular session of Arizona's Centennial Legislature. During the past week, Governor Brewer
vetoed HB 2647 (county stadium districts; Rio Nuevo). Interestingly, her veto letter focused little on the substance of the
legislation; rather, it explained that the she vetoed the bill because of its financial implications, stating that, "it is unwise to
enact legislation that has a fiscal impact or changes tax policy until we have reached an agreement on projected revenues and
appropriated expenditures as part of a state budget for Fiscal Year (FY) 2013." The Governor further wrote: "I cannot sign into
law any other measure with a fiscal impact, while other critically important funding issues remain unresolved in the state
budget."
The budgets unveiled by the Governor and the Legislature are some $500 million apart in their spending proposals for the fiscal
year beginning July 1. Lawmakers propose to set aside $200 million for debt reduction and another $250 million for a rainy day
fund (in anticipation of the expiration of the temporary one-cent sales tax in 2013 and higher federal healthcare costs). At th e
same time, the Governor proposes additional spending for school maintenance and construction, reading programs, services
for the seriously mentally ill, private prison beds and child welfare programs.
Most legislative activity during the past week involved the consideration of bills that had already passed their houses of origin.
In other words, the Senate voted mostly on House bills previously approved by the House and vice versa.
The Legislature has also entered the season of conference committees. After a bill has passed one chamber and is later
amended and passed by the second chamber, the original chamber can concur with or refuse the changes. If the chamber
concurs, then the bill proceeds to its final passage vote in its original chamber. If the chamber refuses, the bill goes to a
conference committee where differences in the House and Senate versions of the bill are reconciled, and a conference
agreement is produced. Conference agreements must then be passed by both chambers before proceeding to the governor for
signature or veto.
Consolidated elections
On Wednesday, April 4, the Senate defeated HB 2826 (consolidated election dates; political subdivisions) by a vote of 11-17.
The original bill, which previously passed the House despite the League's opposition, mandates that, with very narrow
exceptions, all municipal elections must be held in the fall of even-numbered years.
Before its defeat on third reading, the bill was amended in the Senate Committee of the Whole to address various technical
issues. The League, however, remains opposed to the bill as amended for a variety of reasons, including: state interference in
a matter of purely local concern (particularly with respect to the elimination of spring elections for cities and towns);
prospective ballot length and voter fatigue; increased costs and voter confusion; unnecessary and harmful delays for certain
types of elections; and difficulties associated with all-mail ballots.
On Thursday, April 5, the Senate approved the motion of Senator Andy Biggs (R-Gilbert) to reconsider HB 2826. Accordingly,
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the bill could be scheduled for a revote in the Senate anytime prior to adjournment sine die.
The League thanks those senators who voted "no" on HB 2826. Furthermore, we encourage cities and towns to contact their
senators to: 1) thank them for rejecting this bill; 2) restate how important it is for municipalities to retain their limited
flexibility with respect to election dates; and 3) request that senators continue to oppose HB 2826 on reconsideration.
Council procedures
HB 2570 (political subdivisions; proceedings; governing bodies) provides that a city or town council may not take action on a
proposed ordinance until it has been publicly posted in its final form for at least seven days. The bill also prescribes a process
for the adoption of emergency ordinances and exempts certain other ordinances from the bill's enhanced notice
requirements.
The bill was amended in the Senate Committee on Government Reform to stipulate that emergency ordinances expire 90 days
after adoption instead of 60. Additionally, the amendment makes certain clarifying changes to last year's SB 1598 (cities;
counties; regulatory review) regarding licensing timeframes and exempt permits and licenses.
The measure was scheduled for consideration by the Senate Committee of the Whole on Monday, April 2, but was retained
while stakeholders worked on a compromise agreement. HB 2570 has been rescheduled for the Committee of the Whole on
Monday, April 9. In the meantime, the League continues to work with the sponsor, Rep. Justin Olson (R-Mesa), and other
interested parties to effect additional changes to the legislation.
Firearms
On Tuesday, April 3, the Senate Committee of the Whole considered and passed HB 2729 (state regulation of firearms). The
bill, opposed by the League, requires governmental entities to permit guns into public establishments, unless armed personnel
and metal detection equipment are installed at the entrances to such establishments. The measure, sponsored by Rep. David
Gowan (R-Sierra Vista), further preempts municipalities from having firearms ordinances stricter than state law. The bill now
proceeds to its third reading in the Senate.
Pension reform
On Monday, April 2, the Senate Rules Committee approved HB 2745 (NOW: PSPRS; employer contributions). The bill changes
the Alternate Contribution Rate (ACR) requirements of the Public Safety Personnel Retirement System (PSPRS). The change
would preclude an employer from paying the PSPRS ACR on a PSPRS-eligible position if the person hired to fill that position: 1)
was hired before the effective date of last year's pension reform bill; 2) previously retired from PSPRS; and 3) is enrolled in
another state retirement system. The League supports the bill, which will result in cost savings for some of Arizona's cities and
towns. The legislation, which previously passed the House by a vote of 58-0, now proceeds to the Senate Committee of the
Whole for further consideration.
Animal cruelty
On Thursday, April 4, the Senate passed HB 2780 (animal cruelty; ranching dogs) by a vote of 16-13. The bill provides an
exemption from animal cruelty statutes with respect to dogs involved in ranching and farming activities. An amendment
previously adopted by the Committee of the Whole narrows the exemption considerably. Nevertheless, the League opposes
the bill because it specifically preempts municipal ordinances involving abuse of ranching dogs. The bill returns to the House,
which can concur with or reject the bill as amended by the Senate. If approved, the bill moves to the Governor for her
signature or veto. If rejected, a conference committee will be appointed to reconcile differences between the House and
Senate versions of the bill.
Alarm installation
On Tuesday, April 3, the Senate passed HB 2748 (NOW: alarm business; alarm agent; certification) by a vote of 21-7. The
measure provides for the establishment of a statewide certification requirement for alarm businesses and alarm agents, and
preempts further local regulation of alarm installation. The amended measure returned to the House, where the sponsor chose
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to send the bill to a conference committee to make additional changes. On Thursday, April 4, the House appointed members to
the conference committee; Senate appointments to the committee are pending.
Public works notification
On Tuesday, April 3, the Senate unanimously approved HB 2350 (NOW: cities; counties; regulations). The measure requires a
municipality to post its capital improvement plan (CIP) on its website. Also under the legislation, a utility is entitled to
receive, upon request, copies of the CIP, along with information on any new or accelerated projects. The League is neutral on
the bill, which now awaits action by the Governor.
Sales tax collection
On Thursday, April 5, the Senate Committee of the Whole considered and passed HB 2466 (NOW: payment; local sales tax). The
bill, which provides for the creation of an online portal for the direct remittance of taxes by taxpayers in self-collecting
cities, was amended to clarify the role of the Department of Administration with respect to vendor procurement. The bill,
which previously passed the House by a vote of 56-0, now proceeds to its third reading in the Senate.
Spirituous liquors
On Thursday, April 5, the Senate passed HB 2606 (NOW: liquor; omnibus) by a vote of 24-5 on reconsideration. (The measure
passed the House last month by a vote of 47-9.) Among other things, the bill, sponsored by Rep. J.D. Mesnard (R-Chandler),
permits the State Liquor Board to consider municipal tax delinquencies in liquor license suspension and revocation
proceedings. It further permits a city or town to use the average of the last five years of the Consumer Price Index (CPI) for
fee increases (as opposed to just the previous year's CPI). Because the bill was amended in the Senate, it must now return to
the House for the sponsor to concur with or refuse the Senate changes.
Traffic control
On Tuesday, April 3, the Senate passed HB 2557 (NOW: intersection; definition) by a vote of 17-12. The bill redefines the
definition of "intersection" in the transportation statutes to make it more difficult to cite drivers for red light violations. The
bill, which arose as a strike-everything amendment in the Senate, now returns to the House for the sponsor to concur with or
refuse the changes made by the striker.
Political signs
On Tuesday, April 3, the House passed SB 1200 (political signs; hazardous locations) by a vote of 33-25. The bill, sponsored by
Senator Sylvia Allen (R-Snowflake), stipulates that a government agency must notify the owner of a political sign in writing if a
particular sign is deemed to create a hazardous condition. It further provides that, for purposes of calculating the time frame
for permissible sign installation, a primary election begins on the day that early ballots are first mailed out to voters. The bill
next proceeds to the Governor for her signature or veto.
Emergency response
On Tuesday, April 3, the Senate passed HB 2094 (prepaid wireless E911 excise tax) by a vote of 20-9. The bill was signed into
law by Governor Brewer two days later on Thursday, April 5.
The legislation, sponsored by Rep. Bob Robson (R-Chandler), levies a tax of .8 percent on the retail sale of prepaid cell phone
services to assist governmental entities with maintenance, operation and capital costs associated with the 9-1-1 system.
Arizona currently levies a tax on all telecommunications services for this purpose. The tax, however, is currently collected
only on monthly wired and wireless services. The League supports HB 2094 as a means to effect considerable improvement of
Arizona's aging 9-1-1 system.
Revenue allocation districts
On Monday, April 2, the Senate Rules Committee passed HB 2469 (revenue allocation districts). The bill was discussed by both
Senate caucuses that same day. The measure, sponsored by Rep. Rick Gray (R-Sun City), authorizes municipalities to form
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Revenue Allocation Districts, which can pledge increases in both property tax and sales tax revenue to secure bonds issued to
benefit the district. The League supports the measure, which previously passed the House by a vote of 44-13 and now heads to
the Senate Committee of the Whole for further consideration.
Government deposits
On Wednesday, March 21, the Governor signed into law SB 1135 (government deposits). The bill, supported by the League and
sponsored by Senator John McComish (R-Phoenix), had previously passed both the House and Senate by unanimous votes.
The new law authorizes municipalities to invest surplus funds and other monies not used for operating costs into federally
insured savings deposit accounts through Insured Cash Sweep (ICS). ICS is a deposit placement service that allows for a
depositor's funds to be swept from a transaction or checking account into savings accounts (interest-bearing money market
accounts). ICS allocates the funds to accounts in banks throughout the country in amounts less than the Federal Deposit
Insurance Corporation (FDIC) insurance maximum of $250,000 so that both principal and interest are eligible for FDIC
insurance.
Legislator profile - Senator Robert Meza
The B-2 Spirit, commonly known as the Stealth Bomber, is an American aircraft featuring
stealth technology designed for penetrating dense defenses. It is able to deploy both
conventional and unconventional weapons. The plane's "low observable" or "stealth" technology
empowers it with the capability to penetrate an enemy's most sophisticated defenses to attack
its most heavily defended targets. The bomber's stealth is largely derived from its reduced
radar signature, making it difficult for opposition defenses to detect, track and engage the
aircraft. The aircraft is sophisticated, sleek and effective.
This brief description of the B-2 also applies to a secret weapon in the Democratic caucus of
the Arizona Senate. Meet Robert Meza, Arizona's very own stealth legislator.
Unlike many of his colleagues, Senator Meza, a third-generation Arizonan representing
Glendale and Phoenix, affirmatively shuns the spotlight. He prefers to operate largely behind
the scenes and underneath the radar. "The Catholic nuns of my youth advised us to do good
deeds but not become braggadocios," remembers Meza. "I learned that you can be a person of great action and
accomplishment without the need for accolades or the limelight."
He credits his powers of stealth for having helped engineer a number of legislative accomplishments, candidate victories and
redistricting successes. With respect to many of these efforts, his involvement remains unknown to the public and his
colleagues. Meza wears results-producing anonymity as something of a badge of honor.
Meza's ascension to the Senate was made possible, in the first instance, by the migration of his forebears from Guadalajara to
Arizona circa 1896. They came both to pursue opportunities in the United States and to escape civil war in Mexico. His
ancestors were mostly laborers, miners and field workers.
By the time Robert was born in St. Joseph's Hospital in Phoenix, his mother's side of the family had become highly educated
and accomplished. Meza counts among his uncles a physicist, chemist and architect. His father, who hailed from a blue collar
family, was a unionized sheet metal worker. The marriage produced three children, including Meza's older sister, Liz, and his
younger brother, Michael.
Determined to give their children every opportunity for a good education and rich life, the Mezas were the first Latino family
to move into an otherwise all-Caucasian neighborhood. As a youth in the Alahambra Elementary School District, Meza was a
soccer enthusiast, a gifted student and a mean trombone player. He went on to attend Bourgade Catholic High School in
Phoenix. At Bourgade, Meza was captain of the track and tennis teams.
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Following high school, Meza was strongly considering college in California - either UCLA or Berkeley. He was heavily recruited
by Notre Dame, however, so he went to South Bend to have a look. Visiting the campus, peopled by approximately 7,000
students, Meza was struck by its unusual warmth and beauty. He was captivated by the Golden Dome of the Virgin Mary, two
campus lakes, the school's rich football tradition and the excitement of dormitory life.
Meza chose to associate with the Fighting Irish and dove headlong into the Notre Dame experience without so much as a trace
of homesickness. "My parents had prepared me to be on my own," he gratefully recollects. "I had been exposed to many
cultures and environments. We traveled a great deal as a family, and I had been to band camp and traveled with an
interscholastic track team. I was where I was supposed to be - a traditional coeducational Catholic school - and I embraced the
experience."
The young Meza found that there was no shortage of spiritual advisors or advice at Notre Dame. He regards Father John
Jenkins, the 17th president of the university, as a "spiritual powerhouse." Meza admires how Jenkins demands that students
take ownership of the school. "He admonishes students that they are not guests at Notre Dame," Meza says. "Once a student
walks onto campus, he owns that school."
Taking stock of Meza's leadership qualities and his ability to bring people together, the fathers of Notre Dame recommended to
Meza that he enter politics. Though he eventually took that advice, Meza regrets that he failed to heed another suggestion of
his advisors. "They thought that I should study in South America," Meza recalls. "I went to Chile two years ago, and I
immediately realized that I should have gone as a student. I was blown away by the country's majestic beauty, rich vineyards,
and amazing people. I even had the opportunity to go horseback riding in the Andes with Pinochet's grandson."
Upon graduation from college, Meza was offered a lucrative post with a bank in Chicago. He chose to repatriate to Arizona
instead. Of 200 applicants for a position at First Interstate Bank, he was ranked number two. He took a job as a commercial
lender for the bank and proceeded to master negotiating skills and the art of risk assessment. The bank was, he observes, a
great training ground for politics.
Meza left First Interstate in 1994 and immersed himself in Arizona politics, working on Sam Coppersmith's U.S. Senate
campaign as the volunteer coordinator. Following Coppersmith's loss to Jon Kyl, Meza went to work as a fundraiser for the
Muscular Dystrophy Association, where he shattered fundraising records for the organization. From MDA, he took his talents to
the Phoenix Little Theater, where he doubled the amount of donations to the theater in less than three years. After his stint
with PLT, he subcontracted as a professional fundraiser with various non-profit groups, and he made more time for politics.
Showing great leadership potential since his early youth, Meza served as his class president throughout elementary school, the
treasurer of his high school and president of his dormitory in college. Consequently, when he was encouraged to run for a seat
in the House in 2002, he was well-prepared. Having never lost an election, he began his first legislative campaign as the
decided underdog. Emerging from the Democratic primary with 700 more votes than a friend who was also running, Meza
earned a seat alongside Debbie McCune Davis, who moved to the Senate in 2006. In 2010, Senator McCune Davis and
Representative Meza switched legislative seats and accompanying titles.
Having served on both sides of the Capitol plaza, Meza confesses that he prefers the upper chamber. "It is less complicated in
the Senate. There's less havoc, and you can get more done."
A fierce advocate for local government authority, Meza believes that legislative interference in municipal affairs is
unwarranted. "The State should stay out of city and town affairs," he explains. "Great cities cannot be micromanaged. To
become a premier city, a municipality needs authority, flexibility and maneuverability. If we keep going after cities, we'll end
up destroying them."
With a quick wit, piercing eyes and curious mind, Meza engages people with penetrating intensity. He is a pronounced
spiritualist and keen student of human nature. Presently, he is completing the process of conversion to Judaism. "I have always
identified with the Jewish people," he explains. "Persecuted and abused, they are ever creating new paradigms - often having
to operate below the radar."
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Senator Meza did recently abandon his stealthy ways as a competitor in the annual "Dancing with the Stars" fundraiser of the
Arizona Kidney Foundation. The athletic Meza (a committed tennis playing, weightlifting cyclist) tripped the light fantastic all
the way to first place in the gentleman's division. Moreover, he raised $47,000 for the foundation.
Endowed with a sixth sense that serves him well, Meza apprehends that enormous universal shifts are underway. "Karma is
moving in a better direction," he observes. He opines that positive energy is slowly and quietly pervading the third rock from
the sun - perhaps in much the same way that the subtle influence of Arizona's stealth senator is taking root in Meza's own
beloved state and community.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
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