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HomeMy WebLinkAbout121115P NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, NOVEMBER 15, 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 pr esent 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 Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Vice Mayor Henry Leger Councilmember Tait D. Elkie Councilmember Cecil A. Yates Last printed 11/8/2012 10:40 AM Page 2 of 3 REGULAR SESSION  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Bishop Jerry Olson, Church of Jesus Christ of Latter-Day Saints  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i.) None.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i.) PRESENTATION by League of Arizona Cities and Towns Executive Director Ken Strobeck, relating to Council Manager Government and Arizona’s Open Meeting Law. ii.) PRESENTATION by Town Attorney Andrew McGuire, regarding Conflicts of Interest. 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 November 1, 2012. REGULAR AGENDA ITEMS 2. CONSIDERATION of the ADDITION OF STRATEGIC DIRECTIONS CR8, EV9, and EV10 to Strategic Plan 2010, as recommended by the Strategic Planning Advisory Commission. 3. CONSIDERATION of ending the CONTRACT with Area Agency on Aging for the provision of Home Delivered Meals effective at the end of day on Monday, December 31, 2012. 4. CONSIDERATION of RESOLUTION 2012-31, finding the existence of the statutory criteria supporting the creation of a POLITICAL SIGN-FREE ZONE in areas of the Town that contain a predominance of commercial tourism, commercial resort and hotel uses. Last printed 11/8/2012 10:40 AM Page 3 of 3 5. 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. 6. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 7. ADJOURNMENT. DATED this 8th day of November, 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. NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, NOVEMBER 15, 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 Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Vice Mayor Henry Leger Councilmember Tait D. Elkie Councilmember Cecil A. Yates Last printed 11/8/2012 10:40 AM Page 2 of 3 REGULAR SESSION  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Bishop Jerry Olson, Church of Jesus Christ of Latter-Day Saints  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i.) None.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i.) PRESENTATION by League of Arizona Cities and Towns Executive Director Ken Strobeck, relating to Council Manager Government and Arizona’s Open Meeting Law. ii.) PRESENTATION by Town Attorney Andrew McGuire, regarding Conflicts of Interest. 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 November 1, 2012. REGULAR AGENDA ITEMS 2. CONSIDERATION of the ADDITION OF STRATEGIC DIRECTIONS CR8, EV9, and EV10 to Strategic Plan 2010, as recommended by the Strategic Planning Advisory Commission. 3. CONSIDERATION of ending the CONTRACT with Area Agency on Aging for the provision of Home Delivered Meals effective at the end of day on Monday, December 31, 2012. 4. CONSIDERATION of RESOLUTION 2012-31, finding the existence of the statutory criteria supporting the creation of a POLITICAL SIGN-FREE ZONE in areas of the Town that contain a predominance of commercial tourism, commercial resort and hotel uses. Last printed 11/8/2012 10:40 AM Page 3 of 3 5. 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. 6. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 7. ADJOURNMENT. DATED this 8th day of November, 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. 1 COUNCIL-MANAGER GOVERNMENT & ARIZONA’S OPEN MEETING LAW Fountain Hills Town Council November 15, 2012 2 History of Council-Manager •Reform movement of early 20th century •Separation of powers—policy and administration •Governmental check and balance •Professionalize municipal management •Avoid corruption, favoritism, cronyism, nepotism •Analogy to corporate structure 3 Council-Manager Practices •Council –Receives Input from the Public –Sets Policy –Approves Budgets –Establishes Plans and Goals –Hires Manager based on Professional Qualifications –Retains authority of Municipality –Does Not Direct Staff Members 4 Council-Manager Practices •Manager –Serves at the pleasure of the Council –Implements policies approved by the Council; Provides policy alternatives –Hires staff based on Professional Qualifications; Supervises staff –Enforces all ordinances, budgets –Manages day-to-day Operations –Keeps Council Informed 5 Council-Manager Results •Principal form of local government in the USA •High ethical standards •Non-political decision-making, contracting •Consistency, predictability for employees •Degree of insulation for elected officials •Greater efficiency 6 Other Municipal Forms •Strong Mayor •Weak Mayor •Commission •Town Meeting or Town Hall •Boroughs, villages; Selectmen •None of these forms exist in Arizona 7 Purpose of Open Meeting Law •“It is the public policy of this state that meetings of public bodies be conducted openly and that notices and agendas for those meetings contain such information as is reasonably necessary to inform the public of the matters to be discussed or decided.” A.R.S. § 38-431.09 8 What is a “Public Body”? Definitions: A.R.S. § 38-431 •All boards and commissions of political subdivisions, all multimember governing bodies of departments, agencies, institutions and instrumentalities of the political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by the state or political subdivision, including standing, special or advisory committees or subcommittees of, or appointed by, such public body. 9 “Advisory Committee” •A committee that is officially established, upon motion and order of a public body or by the presiding officer of the public body, and whose members have been appointed for the specific purpose of making a recommendation concerning a decision to be made or considered or a course of conduct to be taken or considered by the public body. 10 Exceptions •Staff meetings •Staff appointed committees that advise staff (not the City/Town Council) •Single department head 11 What is a “Meeting”? •The gathering, in person or through technological devices, of a quorum of members of a public body at which they discuss, propose or take legal action, including any deliberations by a quorum with respect to such action. 12 Attending By Phone •If there is a problem reaching a quorum, participation by telephone is OK, but: –The public must be able to hear the person on the phone, –The person on the phone must be able to hear everyone at the meeting, and –Participation on the phone must be noted on the agenda. 13 Splintering the Quorum •E-mail •Telephones, including Text Messaging •Polling •Staff –Cannot direct staff to communicate in violation of open meeting law. •Social events –If more than a quorum present: •Post a “courtesy agenda” announcing social event where a quorum may be present. •Include a statement that no business of the public body will be discussed and no action will be taken. 14 E-Mail Communications: Possible Violation •Same OML restrictions apply. •No E-mails among quorum involving discussions, deliberations, or taking legal action on matters that may reasonably be expected to come before the Council. •No proposing legal action in an E-mail. •No using E-mail as a device to circumvent the requirements in the OML. See Op.Atty.Gen. No. I05-004. 15 Staff E-Mail •Staff may send e-mail to Council members. •Passive receipt of information from staff, without more, does not violate the open meeting law. –Example: Council meeting packets •Staff may NOT send opinion or substantive communications about Council business from a Council member to enough other members to constitute a quorum. 16 Public actions... “All LEGAL ACTION of public bodies shall occur during a public meeting.” A.R.S. § 38-431.02 17 What is “Legal Action”? A collective decision, commitment or promise made by a public body pursuant to the constitution, the public body's charter, bylaws or specified scope of appointment and the laws of this state. 18 Requirements for a Legal Meeting •Before the meeting... –Public notice –Notice to members –Agendas –Accessibility 19 Notice A.R.S. § 38-431.02 •“Conspicuously post” on city/town websites or on the website of an association of cites and towns a statement indicating the physical and electronic locations where meeting notices will be posted; and •Post all meeting notices on the city/town website or on a website of an association of cities and towns; and •Provide “additional notice” of meetings as is “reasonable and practicable.” 20 Notice: A.R.S. § 38-431.02(D)(E) •Emergency Exception –Requires actual emergency. –“Notice as is appropriate to the circumstances.” –Must post public notice and agenda within 24 hours. May include Saturdays, but not Sundays, if public has access to posted location. 21 Agendas A.R.S. § 38-431.02 Must list the specific matters to be discussed, considered or decided at the meeting. Action may only be taken (discussed or considered) on listed items. 22 At the Meeting •Determine quorum. Record members present, absent. •Parliamentary Rules of Procedure. •Agenda order/changes. •Public’s right: “All persons so desiring shall be permitted to attend and listen to the deliberations and proceedings.” A.R.S. § 38-431.01(A) •Decorum and personal attacks. 23 At the Meeting •Sign-in sheets: optional only. •Persons addressing the body should identify themselves—(include name and subject in minutes). •After hours meetings: do not lock entrance doors—accessibility required. •Record motions and the maker. 24 Meeting Minutes: Cities & Towns •Cities and towns with a population of more than 2,500 shall: –Post legal actions taken or any recording on its website within three working days. –Post approved meeting minutes of city or town council meetings on its website within two working days following approval. •Posting must remain on website for one year. 25 Subcommittees & Advisory Committees •Subcommittees and advisory committees of cities and towns with a population of more than 2,500 shall: –Take written minutes or record all meetings, including executive sessions. –Within ten working days of a meeting, must: •Post a statement describing any legal action, or •Post any recording of a public meeting. 26 Executive Sessions A.R.S. § 38-431.03 •Limited exception to public meeting. •Must vote in open meeting for executive session. •Agenda must state specific provision of law authorizing the session and specify the item. •Must include a general description of matters to be considered. (Not just statutory authorization, but don’t defeat purpose.) 27 Meeting Held in Violation of OML: •All legal action is null and void. See A.R.S. 38-431.05(A) 28 Complaints and Violations: What is OMLET? –AG’s Open Meeting Law Enforcement Team (OMLET). –Handles inquiries, conduct investigations, and enforcement proceedings relating to complaints of violations of the Open Meeting Law. –Investigations conducted when OMLET receives a signed, written complaint that describes conduct that, if verified, would be a violation. 29 Investigations: AG or County Attorney •AG may: –Issue written investigative demands. –Administer an oath or affirmation to any person for testimony. –Examine under oath. –Examine by means of inspecting: •Accounts •Books •Computers •Documents •Minutes •Papers •Recordings •Records See A.R.S. 38-431.05 30 Failure to Comply with AG •Possible filing of action in superior court for an order to enforce the demand. –Failure to comply could result in: •Contempt of court. •Injunctive order against conduct. 31 CONSEQUENCES OF VIOLATION •Any person affected by alleged violation may commence suit in superior court to force compliance with OML. •Each violation: civil penalty up to $500. •Removal from office. •Generally, no public monies for legal fees incurred by public body or officer as a result of violation. See A.R.S. 38-431.07 32 33 From:League of Arizona Cities and TownsTo:BbenderSubject:League Training - City Government 101: What Every Elected Official Needs to Know Date:Tuesday, November 06, 2012 11:46:18 AM City Government 101: What Every Elected Official Needs to Know This training is a one day course based on the League's annual Newly Elected Officials Training. Presented in conjunction with the Arizona Municipal Clerks' Association, it will cover the basics of serving as an elected official in an Arizona city or town. When:Thursday, December 6, 2012 8:00 a.m.- 3:00 p.m. Location:Mesa Convention Center Palo Verde Room 263 North Center Street Mesa, Arizona 85201 Agenda:For an agenda, point your browser here . Cost:$65 Parking:Parking is free at the convention center. For a map and directions to the convention center, point your browser here . Registration:To register for the training, point your browser here . If you have any questions, please contact the League at league@azleague.org or 602- 258-5786. Conflicts of Interest Andrew J. McGuire Gust Rosenfeld, P.L.C. Substantial Interest Substantial Interest Pecuniary or proprietary Financial gain; something of value Direct or indirect Includes “waived” obligations Not “Remote” Ten statutory exceptions Very fact specific Who is Covered Relatives Those related by whole or half blood Siblings + spouses Parents + spouses Grandparents + spouses Children + spouses Grandchildren + spouses Required Action Your spouse (plus certain in-laws) Parents Siblings Children What Officials Must Do Declare in writing; use Clerk’s form Refrain From Any Participation Includes informal discussion w/ staff Result of Conflict Actions Voidable Penalties “Knowing” or “Intentional” = Class 6 Felony “Reckless” or “Negligent” = Class 1 Misd. PLUS, Forfeit Office Bottom Line - If doubts, call Attorney; Opinion = “get out of jail free card” Questions?