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Home My WebLink About121211WSPZ:\Council Packets\2012\WS12-11-12\121113WSA.doc Page 1 of 1 NOTICE OF THE WORK STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. WHEN: TUESDAY, DECEMBER 11, 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 Work-Study Session. ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary purpose of work session meetings is to provide the Town Council with the opportunity for in -depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as app roved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. AGENDA  CALL TO ORDER AND ROLL CALL – Mayor Linda M. Kavanagh 1. PRESENTATION AND DISCUSSION relating to a proposed policy for compliance with Senate Bill 1598 (Regulatory Bill of Rights). 2. PRESENTATION AND DISCUSSION with invited guest Arizona Representative John Kavanagh regarding the upcoming 2013 Legislative Session. DISCUSSION regarding the Arizona League of Cities/Towns Municipal Policy Statement for the 2013 Legislative Session for possible development of a Town of Fountain Hills Legislative Policy Statement. 3. DISCUSSION relating to PROPOSED AMENDMENTS to the Town of Fountain Hills Town Code, Chapter 2, Mayor and Council, including compliance with House Bill 2826 (Consolidated Elections). 4. DISCUSSION relating to a possible BUYER/BROKER Request for Qualifications. 5. ADJOURNMENT. DATED this 6th day of December 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 attend this meeting or to obtain agenda informat ion in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk’s office. Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Henry Leger Councilmember Ginny Dickey Councilmember Tait D. Elkie Councilmember Cassie Hansen Councilmember Cecil A. Yates Z:\Council Packets\2012\WS12-11-12\121113WSA.doc Page 1 of 1 NOTICE OF THE WORK STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. WHEN: TUESDAY, DECEMBER 11, 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 Work-Study Session. ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary purpose of work session meetings is to provide the Town Council with the opportunity for in -depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as app roved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. AGENDA  CALL TO ORDER AND ROLL CALL – Mayor Linda M. Kavanagh 1. PRESENTATION AND DISCUSSION relating to a proposed policy for compliance with Senate Bill 1598 (Regulatory Bill of Rights). 2. PRESENTATION AND DISCUSSION with invited guest Arizona Representative John Kavanagh regarding the upcoming 2013 Legislative Session. DISCUSSION regarding the Arizona League of Cities/Towns Municipal Policy Statement for the 2013 Legislative Session for possible development of a Town of Fountain Hills Legislative Policy Statement. 3. DISCUSSION relating to PROPOSED AMENDMENTS to the Town of Fountain Hills Town Code, Chapter 2, Mayor and Council, including compliance with House Bill 2826 (Consolidated Elections). 4. DISCUSSION relating to a possible BUYER/BROKER Request for Qualifications. 5. ADJOURNMENT. DATED this 6th day of December 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 attend this meeting or to obtain agenda informat ion in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk’s office. Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Henry Leger Councilmember Ginny Dickey Councilmember Tait D. Elkie Councilmember Cassie Hansen Councilmember Cecil A. Yates INTRODUCTION TO TAXPAYER BILL OF RIGHTS SB1598 Julie Ghetti, MPA, CPA Deputy Town Manager/Finance Director December 11, 2012 SB1598 This law grants to regulated private parties a series of rights in their dealings with cities, counties and flood control districts, and notably changes municipal procedures regarding applications for permits and licenses, as defined by the statute, as well as the conduct of compliance inspections. Present photo identification upon entering the premises. State the purpose of the inspection and the legal authority for conducting the inspection, upon initiation of the inspection. Disclose any applicable inspection fees. Specifies that this Act does not authorize an inspection or any other act that is not otherwise permitted by law, but only applies to inspections necessary for the issuance of a license or to determine compliance with licensure requirements Plus, plus, plus…. SB1598 Inspections SB1598 – Permits and Licenses A) A.R.S. §9-835 requires the Town to have in place an overall timeframe during which the Town will either grant or deny license applications. A.R.S. §9-835(C) provides for flexibility in structuring the license process for certain types of “licensing”. The time frame requirements for application review on applicable procedures are listed in the table provided below. B) Existing applicable license application review provisions shall comply with this policy by December 31, 2012. C) Any new applicable license application shall comply with this policy. D) This policy also provides the option for applicants to select the Town’s Flexible Review Process, as provided in the attached Waiver of Claim to A.R.S. §9-831 et seq. COMPLIANCE REVIEW TIMEFRAMES DEVELOPMENT/ADMINISTRATIVE TEAM APPROVAL PROCESS TIMEFRAMES APPLICATION TYPE Administrative Completeness Substantive review OVERALL Building Permit Site Plan/Design Review/Amendment 90 Town working days 180 Town working days 270 Town working days Site Plan Extension Special Use Permit Wall Waiver Hillside Waiver Design Review Waiver Encroachment Permits Plan Reviews Electrical Connections Fence Walls Retaining Walls Revision of Existing Permits Home Occupations New Construction Civil Engineering; Plans & Reports Non-conforming uses Pools & Spas attached/stand alone Seasonal Sales Solar Photovoltaic permits Temporary and Permanent Sign permits Tenant Improvements Wireless Communication Uses (that do not require CUP) Landscape Plans Approval or denial notice Compliance Review Timeframes (contd) PUBLIC HEARINGS & TOWN COUNCIL APPROVAL PROCESS TIMEFRAMES** APPLICATION TYPE Administrative Completeness Substantive review OVERALL Conditional Use Permit 90* Town working days 180* Town working days 270* Town working Days Special Use Permit Preliminary Plat Final Plat Minor Land Division Zoning Extension *Approval or denial notice. **Timeframe is suspended from overall timeframe for all public hearings under A.R.S. §9-835(C)(8)(c). BOARD OF ADJUSTMENT* APPROVAL PROCESS TIMEFRAMES** APPLICATION TYPE Administrative Completeness Substantive review OVERALL Variance Appeal 90* Town working days 180* Town working days 270 Town working days *Approval or denial notice. **Timeframe is suspended from overall timeframe for all public hearings under A.R.S. §9-835(C)(8)(c). Compliance Review Timeframes (contd) COMPLIANCE REVIEW TIMEFRAMES DEVELOPMENT/ADMINISTRATIVE TEAM APPROVAL PROCESS TIMEFRAMES APPLICATION TYPE Administrative Completeness Substantive review OVERALL Sign Permits Animal License Tag Application 10* Town working days 10* Town working days 20 Town working days Approval or denial notice Compliance Review Timeframes (contd) COMPLIANCE REVIEW TIMEFRAMES DEVELOPMENT/ADMINISTRATIVE TEAM APPROVAL PROCESS TIMEFRAMES APPLICATION TYPE Administrative Completeness Substantive review OVERALL Temporary Use Permit Administrative Use Permit 30* Town working days 30* Town working days 60 Town working days Approval or denial notice Compliance Review Timeframes (contd) COMPLIANCE REVIEW TIMEFRAMES DEVELOPMENT/ADMINISTRATIVE TEAM APPROVAL PROCESS TIMEFRAMES** APPLICATION TYPE Administrative Completeness Substantive review OVERALL Business License Applications 20* Town working days 50* Town working days 70 Town working days Approval or denial notice Compliance Review Timeframes (contd) SB1598 WAIVER OF CLAIM TO A.R.S. §9-831 ET SEQ. By signing this Agreement, Applicant waives any right or claim that may arise under A.R.S. §9-831 et seq., including any claim that an application must be deemed complete or that fees must be returned by the Town pursuant to the requirements of A.R.S. §9-831 et seq. SB1598 A.R.S. §9-831 REQUIREMENTS AND TOWN OF FOUNTAIN HILLS DS&A FLEXIBLE OPTION PROPOSAL Under a flexible application process, applicants have multiple opportunities to alter or amend their application and to confer with Town staff for advice. This allows the applicant to adjust plans based on their own changing development circumstances over time or on suggestions by staff. Additionally, applicants may alter their permit applications as necessary during the process. QUESTIONS? Julie Ghetti (480) 816-5113 Ken Buchanan (480) 816-5107 or email: jghetti@fh.az.gov Fountain Hills Legislative Agenda Invited Guest: Representative John Kavanagh, District 8 to speak to the upcoming 2013 Legislative Session. March 29, 2011 Recommended Process for Consideration: 17 Resolutions adopted by the Arizona League of Cities and Towns for consideration. 3 League Staff Resolutions adopted by the Arizona League of Cities and Towns for consideration. 5 town staff priority considerations for Resolutions: #1, #10, #11, #16, #17. March 29, 2011 Resolution #1 The cities and towns of Arizona request that the Arizona Legislature demonstrate its commitment for fiscal accountability and economic development by enacting a budget that does not interfere with existing statutory formulas for the distribution of funds to local governments as well as restores funding to programs that aid local government with infrastructure and job creation. The Legislature is especially urged to discontinue diversions of Highway User Revenue Fund monies to fund the operations of state agencies. Submitted by: Bullhead City, City of Kingman, Lake Havasu City, Yuma, Apache Junction, Sierra Vista A. Purpose and Effect of Resolution The purpose of the resolution is to assert that the League and its members believe in fiscal accountability; money collected and designated for a specific purpose should be used for that purpose. The effect of the resolution will be to restore proper funding streams, resulting in increased funding for an array of projects. Specifically, the Highway User Revenue Fund (HURF), State Lake Improvement Fund (SLIF), Statewide Transportation Acceleration Needs (STAN) account, the Heritage Fund, and Local Transportation Assistance Fund (LTAF) are all areas where funds have been swept, diverted or eliminated. This resolution seeks to return those programs to a fully funded status. With respect to HURF, funding sources include fuel taxes, motor carrier fees, vehicle license taxes and motor vehicle registration fees. Statutes provide a method of distributing these funds among the state, counties, and cities for the purpose of construction, improvements and maintenance of streets and roadways within their jurisdictions. The State has swept portions of these revenues for several years, mainly to support DPS. These sweeps affect every municipality and county in the state. Delayed maintenance on streets has caused many streets to now need total replacement, at a much greater cost. Arizona is no longer a place for new commerce and industry to locate because of th e poor condition of transportation infrastructure. In addition to the direct impact on cities’ streets and roadways, this slowdown and halt of street construction and maintenance has cost jobs. The Arizona chapter of the Associated General Contractors estimated in 2011 that an estimated 42,000 jobs have been lost due to the lack of highway construction. This loss has had a negative impact on the economic viability of the State. Resolution #2 Urges the Legislature to support economic development of cities and counties, and to increase access to new tools, such as the formation of Revenue Allocation Districts, which allow cities and towns to invest future revenue in economic development projects. Submitted by: City of Yuma, Lake Havasu City, City of Sierra Vista, City of Kingman, City of Bullhead City A. Purpose and Effect of Resolution The purpose of this resolution is to encourage greater economic development through collaborative partnerships between cities, counties and the state. By working together, a synergy can be formed that will increase the effectiveness beyond the sum of each working individually. It is important that economic development continue to be a goal for the League and partnerships will help achieve that goal. Large -scale economic development projects are a tremendous catalyst for job creation and economic growth in Arizona cities and towns. However, in today’s financial environment, financing the upfront costs of large projects, which often include substantial public components, can often be difficult, if not daunting. Creating a Revenue Allocation District may help solve this dilemma by allowing anticipated revenues from a completed project to be used to finance key components of the project itself. For example, if Lake Havasu City wanted to encourage redevelopment of the English Village area around the London Bridge, the city could form a Revenue Allocation District around the area. The dollar amount of TPT and property tax collected from within the English Village district would be established as the base on the date that district was formed. In future years, any increase in either of these revenue stream s above the established base could be used by the district to fund public improvements within the district. Most importantly, the district would have the authority to issue bonds to help finance the project and those bonds would be repaid by new revenue generated within that district. March 29, 2011 Resolution #3 Allow municipalities to receive credit for excess solar generation beyond that needed at publicly owned sites where the solar generation may occur, and apply that credit to power consumption at other city, town, or county sites/facilities. Submitted by: City of Sedona, City of Flagstaff, Town of Clarkdale, City of Kingman A. Purpose and Effect of Resolution This will clearly provide a basis for use of solar generated power to generate power more nearly commensurate with an agency’s total power consumption where the area to do so exists. This is consistent with increasing the use of alternative energy sources within the State in a sustainable way. Resolution #4 Request that A.R.S. 34-603 C.1.e., concerning the use of the procurement or final list for qualification based selection processes; allow the use of such final list until a contract for construction is entered into. The Agent may pursue negotiations for pre-construction services with other persons on the list provided that the agent shall not in that procurement recommence negotiations or enter into a contract for the construction or professional services covered by the final list with any person or firm on the final list with whom the agent has terminated negotiations. Submitted by: City of Sedona, Town of Camp Verde, Town of Clarkdale A. Purpose and Effect of Resolution In 2010 section 34-603 C1e was added to A.R.S regarding procurement of construction services using non -bid methods (alternative procurement). The impact of this addition was to require agents to restart the alternative procurement process o r bid construction projects in the event that a construction price could not be negotiated. The impact of the proposed change i s to allow the agent to utilize another person or firm on the list in the event that a construction price could not be negotia ted with the initially selected party. The resolution prohibits reopening negotiations with a Party if they have been terminated. Only one party may be negotiated with at a time. The current law prohibits an option that had been previously allowed, due to silence of prior legislation. The restriction imposed by the current legislation places the agent at the mercy of a contra ctor late into the project development process when the construction price is being negotiated. The contractor may insist on unreasonably high negotiated price. In this case the agent is forced to bid the project, or restart the procurement process, or accept the high price. Bidding the project may not be desirable when project familiarity is important to an agent in pursuin g construction of a project (for instance business area improvement projects), and may result in loss of the ability to contain construction claims. Restarting the procurement procedure may unreasonably delay the project. Accepting the high price is a disservice to the public. The City of Sedona was able in 2009 to construct a project by using the second low proposer when it could not obtain a satisfactory price from the first ranked proposer. This allowed the project to successfully continue to construction, using the benefits of the Construction -Managerial-Risk approach. The first ranked proposer’s price was well above the engineer’s estimated price, while the second was much more in line. The project was successfully completed, with return of some unneeded funds. Resolution #5 Amend the Arizona State Statutes to require the Alternative Contribution Rate (ACR) paid by employers to the Arizona State Retirement System (ASRS) for employees who retire from an employer participating in ASRS and later return to work for an employer participating in ASRS to be applicable only to employees hired after July 1, 2011. This essentially holds employers harmless for hiring decisions made prior to the passage of pension reform legislation in 2011. For hires made after July 2011, employers knew that they would be responsible for paying the ACR for employees who met the criteria. A. Purpose and Effect of Resolution In 2011 the Arizona State Legislature passed a comprehensive pension reform package that included the establishment of an Alternative Contribution Rate (ACR). The ACR is to be paid by employees who retire from an employer participating in the Arizona State Retirement System (ASRS) and later return to work for an employer participating in ASRS. The employer is responsible for paying the ACR. As the law was passed the ACR is to be paid for employees hired both before and after the passage of the legislation. This resolution would amend Arizona State Statutes to require the ACR paid to ASRS be applicable only to employees hired after July 1, 2011. This essentially holds employers harmless for hiring decisions made prior to the passage of pension reform legislation in 2011. For hires made after July 2011, employers knew that they would be responsible for paying the ACR for employees who met the criteria. A. Purpose and Effect of Resolution This Resolution seeks amendments to public records laws to discourage overbroad and abusive requests for public records. Municipalities receive and process thousands of requests for public records each year. Most of these requests are reasonable, coming from persons who may or may not make other requests but whom seek specific and limited information or specific requests from the media. Other requests require preparation of voluminous amounts of documents or materials and substantial amounts of staff time in multiple departments to locate, review, and prepare the documents for review and/or copying. But other requests are overbroad, such as requests for “All documents, e -mail, memoranda, etc. pertaining to the city action ……..” These documents can cover many years, require production of hundreds or thousands of documents, and involve research and review by several City departments. Transparency is an essential component of a responsive representative government. Cities endeavor at all times to be open, accessible and responsive to their citizens. Making records available for inspection by the public and the media is important to maintaining transparency and trust in government. Most citizens and the media are conscientious and purposeful in their requests. However, requests by a few individuals which are overbroad or abusive and require disproportionate amounts of city -wide staff time do not further the goal of transparency. Resolution #6 Urges the Legislature to amend A.R.S. § 39-121.01 to place reasonable limitations on requests for public records that are overbroad or abusive. Such limitations may include the scope of requests, the time period covered in a request, and the number of requests from a single individual during a specified time period and allowing charges for requests that exceed statutorily established limitations. Submitted by: City of Yuma, Town of Oro Valley, City of Apache Junction, City of Bullhead City Resolution #7 This resolution requests that ARS 9-441.01 be repealed, thereby exempting cities and towns of the requirement that the local governing body adopt a resolution declaring specific portions of the jurisdiction a “housing development area,” for the purpose of assisting with the acquisition, construction or rehabilitation of housing. Submitted by: City of Sedona, Town of Clarkdale A. Purpose and Effect of Resolution Per ARS 9-441.01 it is a valid public purpose of municipalities to assist in providing for the acquisition, construction or rehabilitation of housing and other facilities necessary or incidental to the housing and primarily for the use of those residing in the housing, in areas that are declared by the municipality to be housing development areas. ARS 9-441.01 also requires that before exercising any of the powers conferred on municipalities by this article, and before any public moneys can be spent, the local governing body must adopt a resolution finding that a shortage of housing, or a certain type of housing, exists in a certain area of the municipality. These areas must be declared to be “housing development areas,” thereby designating those areas as areas where assisting in the development of housing is in the interests of the public health, safety, morals or welfare of the residents. The resolution must also establish specific boundaries depicting what constitutes the housing development area. This resolution requests a repeal of ARS 9-441.01 to exempt cities and towns from having to designate certain areas as housing development areas. In many cities and towns, such a designation of an entire area of the city for housing development is impractical. Often, municipalities merely want to develop or improve individual parcels or lots throughout the city in order to provide better overall housing. Resolution #8 Urges the Governor and the State Legislature to develop and pass legislation that allows greater flexibility in annexing county islands. Submitted by: Marana, Sierra Vista, Oro Valley, Tucson A. Purpose and Effect of Resolution Over the past 30 years, the State Legislature has made changes in annexation law in response to actions by local governments that have unintended, and often negative, consequences. In 1980, the Legislature disallowed “strip” annexation by communities wanting to annex only highly lucrative commercial properties. That same legislation also changed the law further to disallow the creation of county islands, recognizing that having such islands completely surrounded by an incorporated city of town is not good public policy. Other steps have been taken within state law to improve the process, but more are needed. Although new county islands can no longer be created, unfortunately a number of cities and towns in Arizona still have such areas within their incorporated limits. The islands are governed by the laws o f their respective county, which is a branch of local government largely designed to provide rural services and a one size fits all approach to planning and growth management. Depending on the individual county/city, disparities between county and city regulations may exist, and in many cases, these services and/or enforcement differences are taking place literally across the street from areas with the same density and neighborhood type. It is time to allow a city or town more flexibility to extend urban services to these islands. This could include: allowing a city to shrink an island annexation area once the process has started if there is not enough interest to proceed with the entire area; removing the tie to assessed valuation i n the process; allowing property owners with multiple properties within an annexation area to have a vote for each property; requiring property owners to sign a petition to opt out of a county island annexation rather than opt in, to address those areas with high out-of-town owners; or any combination of these methods. The ideas would be discussed with legislators to determine the most viable. Resolution #9 Urges the Legislature to fully fund state parks and, where practical, to work in partnership with cities and towns for the operation and maintenance of Arizona State Parks (ASP) under long term leases, for a nominal amount, and to participate financially by providing for a dedicated funding mechanism to share a portion of the costs. Submitted by: City of Yuma, Town of Oro Valley, Town of Camp Verde, City of Kingman, City of Bullhead City A. Purpose and Effect of Resolution When the State became unable to continue full support of its parks, local governments and nonprofit groups in Arizona stepped up to the plate and entered into short term agreements to operate and maintain the parks in or near their jurisdictio ns (Alamo Lake, Boyce Thompson Arboretum, Fort Verde, Homolovi, Jerome, Lost Dutchman, Lyman Lake, McFarland, Picacho Peak, Red Rock, Riordan Mansion, Roper Lake, Tombstone Courthouse, Tonto Natural Bridge, Tubac Presidio, Yuma Prison, Yuma Quartermaster Depot) so Arizona residents and visitors alike could continue to enjoy the rich recreational experiences that state parks provide. This arrangement has proven to be successful. This resolution asks the Sta te to continue and to expand this partnership with local jurisdictions on a long term basis. Making the current partnerships sustainable in the long -term and increasing the number of partnerships will make the entire park system more viable over time. Further utilization of partnerships (non-profit, public and private) will necessitate financial support from local governments, non-profits, and the State. This resolution will assure that State Parks remain open to the public as a recreational, environmental, and cultural benefit that supports and generates tourism, and provides important revenue to not only local, but also to the regional and statewide economies. In addition, the availability of the State Parks System will continue to provide a high quality of life for Arizona residents and serve as an attraction to new residents. March 29, 2011 Resolution #10 Requests that A.R.S. 36-1606, concerning consumer fireworks regulation; state preemption; further regulation of fireworks by local jurisdiction, be amended to allow an incorporated city or town and a county within the unincorporated areas of the county to regulate the sale and use of permissible consumer fireworks. Submitted by: City of Prescott, Town of Prescott Valley, Town of Chino Valley, Town of Camp Verde, Town of Clarkdale, City of Sedona. A. Purpose and Effect of Resolution In 2010 the Arizona State Legislature lifted the statewide ban of the sale of consumer fireworks. The Legislature allowed municipalities to ban the use of consumer fireworks within incorporated limits but not the sale. This resolution seeks to enable the elected governing body of each municipality and county in Arizona to decide for their constituents whether or not to allow the sale in addition to use of consumer fireworks within their geographic boundaries (unincorporated areas in the case of counties). On May 2, 2011, a fire was started in the backyard of a home in Prescott Valley, Arizona, as a result of an unattended 11 year old child playing with a consumer firework (sparkler). Central Yavapai Fire District personnel were called to respond to the scene. Upon their arrival the fire had been extinguished by the residents after burning about a tenth of an acre. This incident occurred even though the Prescott Valley Town Council enacted an ordinance that banned the use of all consumer fireworks within Town limits. March 29, 2011 Resolution #11 To seek legislative actions that assist local, collaborative groups with resources and funding for planning and proactive actions to improve forest health and reduce wildfire threats, promote the economic engine of tourism dollars coming to the state, driving down the costs and human toll wildfires take as well as the cost of watershed sustainability. Submitted by: City of Flagstaff, City of Sedona, City of Scottsdale, City of Sierra Vista A. Purpose and Effect of Resolution Statewide awareness and attention to the value of collaborative planning, implementation, and monitoring of our forests to improve forest health, reduce the human and economic costs from catastrophic disasters resulting in the loss of property, lif e and recreational destinations for our residents and tourists who generate revenues. As we have learned from the many fires o f the past decade, particularly the Rodeo-Chedeski Fire of 2002, the Schultz Fire of 2010 and the Wallow and Monument fires of 2011, there are things we must do to greatly reduce catastrophic losses from occurring wherever they strike. Proactive, coordinated efforts have been studied and proven to reduce impacts from and costs of such events. Resolution #12 Urges the Governor and the State Legislature to develop and pass legislation that supports efforts to reduce the shortage of physicians, physician assistants and nurse practitioners in the State of Arizona. The League encourages the Legislature to consider: expanding the level of Graduate Medical Education (GME) funding; expanding medical school capacity within the state universities; addressing issues affecting the attraction and retention of physicians, physician assistants and nurse practitioners from out-of-state; reducing obstacles to medical practice in Arizona; and addressing any other major issues that affect a health care provider’s decision to locate or remain in Arizona to practice. Submitted by: City of Sierra Vista, City of Bisbee, City of Yuma, Town of Marana, City of Douglas, City of Flagstaff, Town of Clarkdale. A. Purpose and Effect of Resolution Part II of the 2005 Arizona Physician Workforce Study, conducted by specialists from the University of Arizona and Arizona St ate University, identified that since 1992 to 2004, Arizona’s physician supply is not keeping up with its population growth. The situation has not gotten any better. Arizona has 219 physicians per 100,000 population, well below the national average of 293 per 100,000. Rural communities in th e state are affected by the shortage even more, with one county at under 60 physicians per 100,000. Specialty physicians are particularly difficult to recruit and retain. By way of example, the City of Sierra Vista’s regional hospital is now the only location in all of Cochise County in which a woman can deliver a baby outside of a setting in which emergency services are available. In addition, as the Baby Boomer population age s, more of the older doctors in rural communities will retire, potentially exacerbating the situation. Since approximately 60% of physicians who complete their training in Arizona teaching hospitals remain to practice within the state, enhancing the Graduate Medical Education (GME) program is a critical component to addressing this shortfall, and has been identified by previous gubernatorial task forces. Also recommended were efforts to reduce obstacles to medical practice in Arizona. Recruitment and retention of health care providers is hampered throughout the state by higher professional liability premiums as compared to other states, and this is certainly an obstacle needing attention. Recent actions to reduce funding to the State’s Medicaid program will only exacerbate the issue statewide. Now, more than ever, action is needed to retain existing health care providers, and insure Arizona is a desirable place to practice for others. Resolution #13 Urges the Governor and the State Legislature to develop and pass legislation or engage in other activities that supports and advocates for resources to improve Arizona’s ports of entry with Mexico and related infrastructure, and will enhance international trade and improve the global competitiveness for Arizona with Mexico. Submitted by: City of Sierra Vista, City of Douglas, City of Bisbee A.Purpose and Effect of Resolution Mexico is Arizona’s top trading partner. Our shared border is the gateway for $26 billion worth of imports and exports and 44 million people (crossings) each year. Mexican visitors spend approximately $7.3 million each day in Arizona, providing an annual impact of $2.3 billion. Trade with Mexico supports six million jobs in the U.S. and tens of thousands jobs in Arizona. In addition, Mexico is now the third-ranked commercial partner of the U.S. and the second largest market for U.S. exports. Despite this wealth of opportunity, recent stu dies show that competing border states such as Texas are far outpacing Arizona when it comes to developing trade relations with Mexico. Whil e Arizona exports to Mexico totaled about $5.7 billion in 2011, in Texas the total was $87 billion. Mexico is the 13th largest economy in the world, and in 2010, Mexico invested an unprecedented five percent of its Gross Domestic Product (GDP) in infrastructure. Ariz ona’s ports of entry face significant challenges, including aging infrastructure and an often inadequate number of customs and border protection agents needed to staff them. A heavy focus on security has impacted the tourism industry by diverting investments from needed improvements and leaving a multibillion dollar deficit in border infrastructure. For example, while investments of $200 million into the expansion to the Nogales port of entry are progressing, no funding is allocated at this time (pending completion of appropriate studies and reviews) toward improving Arizona State Route 189, which connects the Mariposa Land Port of Entry to I-19. The U.S. General Services Administration (GSA) describes the Mariposa Land Port of Entry as “…one of the United States’ busiest land ports…serving as the main entry point for fresh produce entering from Mexico…” With 23 million northbound visitor border crossings and 373,000 northbound truck crossings, long waits at the border and congestion north of our ports of entry suppress economic development. In addition, greater emphasis is needed to upgrading southbound passenger vehicle and pedestrian crossings. And with significant public safety concerns arising from the 602 train crossings annually, there is clearly a need to develop an alternative to Arizona’s sole rail port of entry in Nogales in order to respond to increasing manufacturing and sea port expansions in Mexico. According to the Arizona State University North American Center for Transborder Studies, needed enhancements include staffing, technology, infrastructure and communications. Resolution #14 Urges the Governor and the State Legislature to develop and pass legislation that supports the long-term retention of Arizona’s military installations, and provides opportunities to use the synergies connected to the military operations in the attraction of new or expanded governmental and non-governmental missions or businesses. Submitted by: City of Sierra Vista, City of Bisbee, City of Peoria, City of Yuma, Town of Marana, City of Flagstaff, Town of Clarkdale. A. Purpose and Effect of Resolution Arizona’s military sector is an essential component of the state economy, and most local economies within the state. There are five major military installations in Arizona, plus four principal National Guard operations. According to a 2008 report by The Maguire Group, commissioned by the Arizona Department of Commerce at the time, it is conservatively estimated that this sector produces over 96,000 direct, indi rect and induced jobs in the state, with over $9.1 billion in economic impact. The Maguire report further quantified the amount of revenue Ari zona’s military installations contribute directly to state and local governments at just over $400 million annually, split nearly evenly between the two. In general, jobs connected to the military are especially valuable to the Arizona economy because they are largely unaffected by routine economic cycles, which means revenues associated with their presence are more stable. The Maguire report noted “Arizona would do well to guard this economic asset and preserve its viability.” It further stated “Maintaining these operations and the jobs and economic output they supp ort should be a priority of state and local government.” Support from Arizona’s local governments, through the League of Arizona Cities and Towns, for legislation that could enhance military effectiveness or protect against efforts to erode military missions is critical in the state’s long term success retaining Luke AFB, Davis-Monthan AFB, Fort Huachuca, Marine Corp Air Station Yuma and the Yuma Army Proving Ground. Arizona’s cities and towns must be unified in our support for the military, working together to identify opportunities to demonstrate that support through such things as: encouraging officials from state and local government to elevate needs identified by military installations for legislative action; supporting the continued activity and existence of the Governor’s Military Affairs Commission; supporting funding for economic development e fforts at the state level to attract new/expanded military and military-connected missions and businesses; encouraging the use and continued funding of the Military Installation Funds (MIF) to help mitigate encroachment; and supporting legislative proposals regarding state land transfers to reduce potential encroachment around military installations. Resolution #15 Urges the State Legislature to support implementing a pilot program to restrict trucks to the two right-most lanes when traveling on Arizona highways in urban areas with three or more lanes in each direction. Submitted by: City of Apache Junction and City of Douglas A. Purpose and Effect of Resolution The purpose of this resolution is to improve traffic mobility, improve safety and facilitate the flow of goods on freeways in Arizona’s busy urban areas. An initial step is to implement a pilot program to determine and compare the feasibility, impacts, and effectiveness of restricting trucks to operating only in certain lanes on highways in urban areas that have three or more lanes in each direction, which have a moderate or high level of truck traffic, and do not have left hand exits. The lane restrictions would apply to “trucks” as defined by Arizona State law. Trucks would be restricted to the two right - most lanes, leaving one lane for truck -free operation; assuring that trucks will always have access to at least two lanes. Demand for trucking services continues to increase. According to statistics available from the Bureau of Transportation Statistics (BTS) trucking accounts for an estimated 70% of the total value, 60% of the weight, and 34% of the ton -miles of freight moved in the U.S (Bureau of Transportation Statistics, 2006). In addition, between 1980 and 2020, truck travel is predicted to increase by over 90% while lane -miles of public roads will increase by only 5% (FHWA, 2006). This increase will have significant negative influences on traffic congestion and safety. A truck lane restriction strategy is used in many states nationwide as a way to address some of these impacts. With regard to improving safety and mobility, here are several safety benefits of truck lane restriction: Prevents "No-Zone" Wrap, Tractor trailer's on two (2) sides of passenger cars at same time Positions largest vehicles out of the highest speed lanes Reduces the frequency of passenger vehicles being "boxed-in" by large trucks Reduces evasive truck maneuvers to the right, or into the trucker's "blind" side Provides additional spacing from life-saving median barrier systems. Provides additional truck clearance from opposing direction traffic. Improves visibility and clearance for disabled vehicles in or along median shoulders. By improving traffic mobility, the flow of transporting goods through the State positively impacts economic development. The Freight Industry has welcomed lane restrictions in other 29 states because passenger vehicles are able to stay in the fast lanes, which gives more mobility for the trucks in the slower lanes. Trucks then reach their destinations in a timelier manner. Resolution #16 Amend Arizona Revised Statutes Title 13 (Criminal Code) and amend Title 8 (Children) to include criminal damage by graffiti to ensure that crimes of graffiti are treated more seriously. Submitted by: City of Yuma, City of Sierra Vista A. Purpose and Effect of Resolution Graffiti is a continuing and fast growing problem for cities and towns. The level of punishment for individuals committing illegal acts of graffiti is a difficult and complex issue. Abatement of graffiti and apprehension and prosecution of the perpetrator is costly to cities and these costs are seldom if ever recovered. Arizona statutes allow prosecution of graffiti under the criminal code as criminal damage. Because graffiti is such an immediate and growing problem on both public and private property, it needs to be addressed in statutes setting forth stricter penalties and full restitution of all econo mic loss to the victim. Economic loss includes all reasonable costs of repair by municipalities, including but not limited to, materia ls, labor and equipment. As it stands now, some courts have been reluctant to severely punish offenders, or order restitution for economic loss, especially where juveniles are involved. A community service component should also be added to the penalty where available. Resolution #17 Urges the Legislature to amend A.R.S §42-5010, as enacted in SB1442 last session, so that state shared revenues to cities and towns are distributed prior to the recapture of construction sales tax to be used for funding infrastructure projects. Further, urges the Legislature to find additional mechanisms for funding infrastructure that is necessary for economic development projects that are beneficial to the entire state. Submitted by: City of Chandler, City of Peoria A. Purpose and Effect of Resolution When manufacturing facilities locate in a municipality, there are often infrastructure improvements needed to support the project. If these are incremental improvements, the host municipality is able to fund them through its regular capital improvement program without over burdening their ratepayers. However, large manufacturing projects, such as the construction of the $5 billion Intel Fab 42, require significant industrial infrastructure. That project alone will require i n excess of $200 million in water and wastewater improvements. The magnitude of costs such as these makes it impossible for the host city to fund the infrastructure by itself and requiring the company to do so places this state at a competitive disadvantage. Last session, SB1442 was introduced in an effort to provide a mechanism for the state to help fund these infrastructure needs. It was intended to allow the construction sales tax to be recaptured and used to pay for any water, wastewater or transportation projects needed to support a manufacturing facility that met certain capital investment requirements. Unfortunately, the bill was amended on the last day of the session and the result was a negative impact on stat e shared revenues. The intent of this resolution is to change the statute so that the funds used to pay for infrastructure come from the state’s portion of sales tax. Additionally, SB1442, as originally drafted, would have been only a partial solution t o the problem of infrastructure funding. Other mechanisms should also be explored in order to address this problem more comprehensively. League Staff Resolution #1 The League of Arizona Cities and Towns urges the Legislature to repeal HB 2826, (consolidated election dates, political subdivisions). Submitted by: League Staff A. Purpose and Effect of Resolution HB 2826 (Laws 2012, Chapter 353) requires that cities and towns hold all candidate elections in the fall election cycle of even-numbered years. In addition to the usurpation of local election authority, there are multiple technical issues associated with implementation of this law – the length of terms for incumbent councilmembers, alternative expenditure limitation renewal elections and municipal incorporation elections. Additionally, there is no universal empirical evidence that this change will reduce the cost of elections or increase voter turnout. Although this resolution would empower League staff to pursue needed changes to address significant shortcomings of the new statute, the most efficient route would be to simply repeal the statute. League Staff Resolution #2 The League and its members support meaningful and effective regulatory reform efforts. The League will oppose any proposal that does not promote greater efficiency, effect significant cost savings, or improve existing regulatory frameworks for the mutual benefit of stakeholders. Furthermore, the League shall work to enact changes to SB 1598 (Laws 2011, Chapter 312) that enable the law to serve its intended function of improving the licensing and permitting process. Submitted by: League Staff A. Purpose and Effect of Resolution The purpose of the resolution is to express the League’s commitment to working with the Legislature to: 1) enact legislation that respects municipal autonomy; and 2) partner with cities and towns to create an attractive business climate for new and existing businesses. The effect of the resolution would be to empower the legislative staff of the League to work with interested parties on mutually beneficial changes to existing laws while exploring new opportunities for improvement of regulatory frameworks. Specific goals include: preservation of local authority; opposition to state mandates; encouragement of municipal flexibility and timeliness; and avoidance of additional bureaucracy and paperwork . League Staff Resolution #3 A RESOLUTION OF THE LEAGUE OF ARIZONA CITIES AND TOWNS CALLING UPON THE ARIZONA LEGISLATURE TO RESPECT THE AUTHORITY OF CITIES AND TOWNS TO GOVERN THEIR COMMUNITIES FREE FROM LEGISLATIVE INTERFERENCE AND TO REJECT LEGISLATION THAT CONFLICTS WITH CHARTER PROVISIONS OF ARIZONA’S CHARTER CITIES WHEREAS, the League of Arizona Cities and Towns is concerned about the extent to which Arizona’s 50th Legislature considered legislation to micromanage local government, enact decisions best made at the local level and impose one -size- fits all mandates on municipalities; and WHEREAS, the League further shares the conservative belief that the most effective, responsible and responsive government is government closest to the people; and WHEREAS, the Arizona Constitution specifically provides that any city, “may frame a charter for its own government” [emphasis added]; and WHEREAS, once a city has successfully completed the city charter process, the charter becomes the organic law of the city; and WHEREAS, charter cities draw their power from their citizens, are governed by their charters, and do not require legislative authority from the State to exercise power; and WHEREAS, the provisions of the charter, as the organic law of the city, supersede all laws of the State in conflict with the charter provisions, insofar as such laws relate to purely municipal affairs; and WHEREAS, the Arizona Constitution thus establishes a home rule mechanism to render charter cities independent of the Legislature with respect to matters of local concern; and WHEREAS, the Arizona Supreme Court recently affirmed, in Tucson v. Arizona, that provisions of a city’s charter supersede conflicting statutes with respect to matters of local concern; and WHEREAS, all municipalities are no less affected by the imposition of burdensome mandates by the State than is the State by the imposition of similar mandates by the Federal government; NOW, THEREFORE, BE IT RESOLVED, that the League of Arizona Cities and Towns calls upon the Arizona’s 51 st Legislature to affirmatively reject, oppose and renounce legislative proposals that diminish local authority, address matters of purely local concern, and conflict with the organic law of Arizona’s charter cities. Page 1 of 5 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 12/11/2012 Meeting Type: Work Study Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Bev Bender, Town Clerk; bbender@fh.az.gov; 480-816-5115 Strategic Values: Education, Learning, and Culture Council Goal: Solicit/consider feedback in decision making REQUEST TO COUNCIL (Agenda Language): DISCUSSION relating to PROPOSED AMENDMENTS to the Town of Fountain Hills Town Code, Chapter 2, Mayor and Council, and for compliance with House Bill 2826 (Consolidate Elections). Applicant: NA Applicant Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: 2012 AZ Legislative Session - HB2826/A.R.S. §16-204; §38-545; §9-821.01; §16-464; §19-143; §16-315, §16-584, §16-101, §16-642, §38-232, §38-542; §16-409 Staff Summary (background): HB 2826 was passed by the Arizona Legislature during their 2012 session and requires that beginning in 2014: A candidate election held for or on behalf of any political subdivision of this state other than a special election to fill a vacancy or a recall election may only be held on the following dates and only in even- numbered years: (1) The tenth Tuesday before the first Tuesday after the first Monday in November. If the political subdivision holds a primary or first election and a general or runoff election is either required or optional for the political subidivison, the first election shall be held on this date, without regard to whether the political subdivision designates the election a primary election, a first election, a preliminary election or any other descriptive term. (2) The first Tuesday after the first Monday in November. If the political subdivision holds a general election or a runoff eleciton, the second election held shall be held on this date. If the political subidivsion holds only a sigle election and no preliminary or primary or other election is ever held for the purpose of reducing the number of candidates, or receiving a partisan nomination or designation or for any other purpose for that political subdivision, the single election shall be held on this date. The impact of this legislation for the Fountain Hills is that mayor and council elections that were previously held in the spring election cycle (March/May) of even years has now been shifted to the fall election cycle (August/November) of even years. Town Code revisions are being proposed for the purpose of compliance with state law. For compliance purposes, the Town Attorney's recommendation is that the current Mayor and Council terms should be extended for the additional time period from June 2014 until the Town's 2014 Elections are held in Page 2 of 5 the fall and all candidates are elected and qualified. Beginning in 2014, the newly elected members’ terms of office would start on the first regular meeting in December, following the date of the General Election. This extension would also affect the length of Vice Mayor terms of office, which is discussed under Section 2-2-2 below. Staff worked with the Town Attorney to complete a comprehensive review of the Fountain Hills Town Code, Chapter 2 (Mayor and Council), in order to identify any additional revisions necessary for compliance with state law, housekeeping revisions, and for proposed procedural changes. The specific revisions to Chapter 2 relating to changes in state law are listed below: Section 2-1-6 Oath of Office/Ethics Statement: This section was revised to reflect language in A.R.S. §38- 232 relating to (i) when the oath of office is to be subscribed to and (ii) acknowledgement of the Council's Rules of Procedure. Section 2-1-7 Bond: Revised to clarify and reference language in A.R.S. §38-545. Section 2-1-8 Financial Disclosure Statement: Provides clarification that an elected official is required to file a financial disclosure statement by January 31 of each year and that the report is to include information from the previous calendar year as per A.R.S §38-542. Section 2-2-2 Vice Mayor: The currently seated Councilmembers' Vice Mayor terms of office will need to be extended beyond the required eight months to cover the additional Mayor/Council terms served. This extension would affect the Councilmember who is currently serving in that capacity and those Councilmembers who have yet to serve their term as Vice Mayor. A proposed schedule of extended Vice Mayor terms has been included for review. NEW Section 2-3-1 Consolidated Election Dates: This section was added to reference when jurisdictional elections are to be held, as per A.R.S. §16-204. RENUMBERED Section 2-3-2 Primary Election: During the 2010 Arizona Legislature the law was changed to permit a town to adopt an ordinance to use the total of all votes tabulated for mayor candidates to constitute the total number of votes cast at the election and to use those votes as the basis for calculating whether a candidate for mayor or council has received the majority of all votes cast [A.R.S. §9-821.01(D)]. This alternative formula might be an option for consideration now that the Town's non-partisan election is to be consolidated with the County-wide partisan election ballot. Currently, any Fountain Hills candidate who receives at the Primary Election, a majority of all votes cast, is declared elected to the office as of the date of the General Election and no further election is held for that candidate. If more candidates receive a majority than there are office to be filled then those equal in number to office to be filled receiving the highest number of votes shall be declared elected [must receive more than 50% of the total votes cast]. Examples follow of the current process and the alternative process utilizing the Town's March 2012 Primary Election data.  Current process: The Town's 2012 Primary Election final results were used for the total votes cast as the basis for calculation of majority votes cast 6,249 [6,249 divided by 2 (for 50%) + 1 = majority vote of 3,126]. Council Candidate Hansen was elected at the Primary, and Council Candidates Brown, Contino, DePorter and Yates went on to the May 2012 General (run-off) Election in order to determine who would be elected to fill the remaining two council positions: Kavanagh, Linda 3,821 (Elected at Primary Election - mayor candidate) Page 3 of 5 The next four candidates receiving the highest number of votes proceeded to the General Election (run- off) ballot for the two remaining seats to be filled: Brown, Dennis 2,388 (proceeded to General Election) Contino, Dennis 2,398 (proceeded to General Election/candidate withdrew name) DePorter, Nick 1,999 (proceeded to General Election) Hansen, Cassie 3,479 (Elected at Primary Election - council candidate) Nickum, Mary J. 1,513 Ordowski, Nancy 1,925 Yates, Cecil 2,413 (proceeded to General Election)  Alternative process: A.R.S. §9-821.01(D) states that a Town may provide a different formula by ordinance for the calculation of majority of votes cast. This alternative formula tabulates all votes for mayoral candidates, which are used to calculate whether a majority vote has been achieved. Example of how the alternative formula would have affected March 2012 Primary Final Results: 3,821 votes were cast for Mayor Candidate Kavanagh [3,821 divided by 2 (for 50%) + 1 = majority vote of 1,912]. Utilizing the data from the 2012 Primary Election, the alternative formula option would have negated the need for the Town to hold the 2012 General Election (run-off) as all three council positions would have been filled at the March 2012 Primary Election as there were three candidates who received the highest number of votes, which exceeded the majority vote requirement of 1,912: Brown, Dennis 2,388 Contino, Dennis 2,398 DePorter, Nick 1,999 Hansen, Cassie 3,479 Nickum, Mary J. 1,513 Ordowski, Nancy 1,925 Yates, Cecil 2,413 RENUMBERED Section 2-3-3 Non-Partisan Ballot: This section references the State's requirement in A.R.S. §16-464 regarding rotation of candidates' names on the ballot. Maricopa County Elections has indicated that due to the Legislative approval of HB2826 (Consolidated Elections law), when Fountain Hills' candidates appear on the County-wide consolidated ballot, the election will be conducted in a precinct based setting, which means that all five of the Fountain Hills current precincts would be considered as being used and name rotation would be required and implemented, unless the name rotation is found to be impracticable. "Impracticable" would come into play if there were more candidates than precincts [Fountain Hills currently has 5 precincts]; then the Town would be required to establish name rotation on the ballot by conducting a draw of names by lot at a public meeting. Staff's recommendation is that a procedure be established that, when necessary, a public meeting is scheduled and conducted by the Town Clerk (directly following the 5 PM filing deadline for nomination papers/petitions) for the specific purpose of drawing names by lot (candidate names) in order to establish the candidate name rotation to be used on the ballot. This process would allow for the names to be transmitted to County Elections for inclusion on the ballot in a timely manner. Section 2-3-6 Mail Ballot Election: This section was revised to remove the requirement for the Town to hold ground elections if the state or county has candidates/questions on the same ballot. This revision was based upon the Council's prior decision to hold all Town elections as mail ballot elections and HB2826 (A.R.S. §16- 204(G) permits the county recorder or other office in charge of elections to use a unified ballot format that combines all of the issues applicable to the voters requesting the all mail ballot election. Page 4 of 5 Maricopa County Election officials have indicated that cities and towns may conduct mail ballot elections during County-wide consolidated elections. However, jurisdictions will be required to agree to all mail ballots elections for both the Primary and General Election (even if a General Election is not required for the jurisdiction) as the County will not be securing polling locations in the jurisdiction. With the continuance of all mail elections, the Town Clerk's office would operate as a replacement ballot station for these elections and offer an on-site sealed ballot box as an alternative for those voters who do not wish to return their voted ballot by mail to Maricopa County Elections for processing. Reminders: 1. All eligible Fountain Hills' voters who are registered by the deadline would receive a ballot as was done during the Town's 2012 Primary and General Elections with one exception - see #2 below. 2. Exception: During a Primary Election on which the Town's non-partisan candidates or questions also appear on the ballot with Federal, State and County partisan candidates and questions, Fountain Hills' registered voters who are not affiliated with one of the state's recognized political parties, will be required to inform Maricopa County Elections of their party choice (ballots are not automatically mailed to non-affiliated party registered voters as the voter's party choice would be unknown to Maricopa County Elections). Currently, recognized political parties are the Americans Election Party, Democratic Party, Green Party, Libertarian Party, and Republican Party. 3. The release of the "final" election results may take longer; by law (A.R.S. §16-584), the Maricopa County Elections has 10 days to complete the tabulation process for a General Election that includes an election for a federal office and within five business days after any other election. The governing body holding an election shall meet and canvass the election not less than six days nor more than twenty days following the election (A.R.S. §16-642). 4. A cost savings will be realized with the Town candidates on the County-wide consolidated ballot. The cost is calculated at $.50 per registered voter rate rather than the jurisdiction rate of $2.12 per registered voter for an all mail election. An example of projected savings using the Maricopa County 2012 March Primary Election Invoice: (16,043 registered voters x $.50 vs. 16,043 registered voters x $2.12 = a projected savings of $25,989.66.) Section 2-6-2 Number of Signatures: Changes the reference from registered voters to qualified electors as stated in A.R.S. §19-143. Section 2-6-4(C)(6) Sample Ballots and Publicity Pamphlets: This revision removes the $100 argument fee from the Town Code and lists it in the Town's fee schedule. The fee schedule is approved annually as part of the Council's budget process. Section 2-6-5 Mail Ballot Election: This revision affirms that Town initiative and referendum elections are to be held by mail. Section 2-9-1(A)(3) Qualified electors; definition: Compliance with A.R.S. §16-101(3). Section 2-9-2 Petition Circulators: This section was revised for compliance with 2011 legislation (HB 2304), which requires petition circulators who are not residents of this State to be registered as a circulator with the Secretary of State's office before circulating petitions. (A.R.S. §16-315). In summary: Staff requests Council comments on the proposed Town Code changes in the attached redlined version of Town Code Chapter 2, Mayor and Council. An ordinance would be brought forward at a subsequent meeting for formal adoption. Risk Analysis (options or alternatives with implications): Not in compliance with State Law Fiscal Impact (initial and ongoing costs; budget status): None VICE MAYOR (V.M.) ROTATION ORDER Serves in order of votes received when elected Year Elected Term Ends Election [Primary/General] No. of Days Serving as Vice Mayor Vice Mayor Rotation/Regul ar Council Mtg Date Councilmember CURRENT 8 Month Term PROPOSED TERM Ginny Dickey (alpha)2591 2010 2014 March 2010 - Primary October 2011 thru May 2012 N/A N/A N/A Henry Leger (alpha)2591 2010 2014 March 2010 - Primary June 2012 thru January 2013 June 7, 2012 thru February 7, 2013 245 6/7/2012 Tait D. Elkie 2456 2010 2014 March 2010 - Primary February 2013 thru September 2013 February 7, 2013 thru October 17, 2013 252 2/7/2013 Cassie Hansen 3479 2012 2016 March 2012 - Primary October 2013 thru May 2014 October 17, 2013 thru June 19, 2014 245 10/17/2013 Cecil A. Yates 3555 2012 2016 May 2012 - General June 2014 thru January 2015 June 19, 2014 thru March 5, 2015 259 6/19/2014 Dennis Brown 3103 2012 2016 May 2012 - General February 2015 thru September 2015 March 5, 2015 thru November 30, 2015 270 3/5/2015 TBD Future Councilmember 2014 2018 Aug. or Nov. 2014 December 2015 thru July 2016 8 mo.12/3/2015 TBD Future Councilmember 2014 2018 Aug. or Nov. 2014 August 2016 thru March 2017 8 mo.8/4/2016 TBD Future Councilmember 2014 2018 Aug. or Nov. 2014 April 2017 thru November 2017 8 mo.4/6/2017 TBD Future Councilmember 2016 2020 Aug. or Nov. 2020 December 2017 thru July 2018 8 mo.12/7/2017 TBD Future Councilmember 2016 2020 Aug. or Nov. 2020 August 2018 thru March 2019 8 mo.8/2/2018 TBD Future Councilmember 2016 2020 Aug. or Nov. 2020 April 2019 thru November 2019 8 mo.4/4/2019 2012 AZ Legislation Session/HB2826: Mayor/Council terms extended from first meeting in June to the first meeting in December. 2014 Election Dates:Tentative dates*:6 days 20 days Primary Election Canvass*: September 4, 2014 (Regular Session)9/1/2014 9/15/2014 General Election Canvass*: November 11, 2014 (use W/S as Special Session)11/10/2014 11/24/2014 *May canvass election results once the Town receives its official final results from Maricopa County Elections TERMS August 26, 2014 November 4, 2014 Z:\Council Packets\2012\WS12-11-12\HB2826\Proposed Vice Mayor Rotation 1849497.5 DECEMBER 20, 2012 AMENDMENTS TO CHAPTER 2 OF THE TOWN CODE Fountain Hills Town Code 1849497.5 Page 1 of 19 Chapter 2 MAYOR AND COUNCIL Articles: 2-1 COUNCIL 2-2 MAYOR 2-3 COUNCIL ELECTION 2-4 COUNCIL PROCEDURE 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS 2-6 INITIATIVE AND REFERENDUM 2-7 PLANNING AND ZONING COMMISSION 2-8 BOARD OF ADJUSTMENT 2-9 QUALIFIED ELECTORS AND PETITION CIRCULATORS Fountain Hills Town Code 1849497.5 Page 2 of 19 Article 2-1 COUNCIL Sections: 2-1-1 Elected Officers 2-1-2 Corporate Powers 2-1-3 Assumption of Duties 2-1-4 Vacancies in Council 2-1-5 Compensation 2-1-6 Oath of Office 2-1-7 Bond 2-1-8 Financial Disclosure Statement 2-1-9 Prohibition on Holding Appointive Town Office Section 2-1-1 Elected Officers A. The elected officers of the townTown shall be a mayorMayor and six councilmembersCouncilmembers. The mayorMayor and councilmembersCouncilmembers shall constitute the councilCouncil and shall continue in office until assumption of duties of office by their duly elected or appointed successors, as set forth in SectionSections 2-1-3.3 and 2-1-4 of this Article. B. The term of office of the mayorMayor shall be two years. C. Councilmembers shall serve four -year, overlapping terms. (99-02, Amended, 01/21/1999) Section 2-1-2 Corporate Powers The corporate powers of the townTown shall be vested in the councilCouncil and shall be exercised only as directed or authorized by law. All powers of the councilCouncil shall be exercised by ordinance, resolution, order or motion. Section 2-1-3 Assumption of Duties Councilmembers shall assume the duties of office at the first regularly scheduled councilCouncil meeting in June nextDecember following the date of the general election at which, or effective as of the date of which, the councilmembers the Councilmembers were elected. (99-02, Amended, 01/21/1999) Section 2-1-4 Vacancies in Council A. The Council shall fill any vacancy that may occur in the Council by any method provided by ARIZARIZ. REVREV. STATSTAT. § 9-235, as amended. B. In the case of a vacancy that may occur in the Office of the Mayor, the Council shall appoint, from the remaining Council MembersCouncilmembers, one person to serve as Mayor for the Fountain Hills Town Code 1849497.5 Page 3 of 19 remainder of the Mayor's term. The Council shall then fill, in the manner set forth in Subsection 2-1-4(A) above, the vacancy in the Council that was created by appointing a Council MemberCouncilmember to serve as Mayor. C. All vacancies shall be filled in a reasonable period of time from the occurrence of the vacancy. (Ordinance 09-14, Amended, 11/05/2009) Section 2-1-5 Compensation The compensation of elective officers of the townpaid to the Mayor and Council for service in office shall be fixed from time to time by resolution of the councilCouncil. Section 2-1-6 Oath of Office Immediately priorPrior to assumption of the duties of office, the Mayor and each councilmemberCouncilmember shall, in public, take and subscribe to the oath of office and review and acknowledge the Council’s Rules of Procedure. Section 2-1-7 Bond PriorUnless a blanket bond or other equivalent coverage is provided by the Town, prior to taking office, the Mayor and every councilmemberCouncilmember shall execute and file an official bond, enforceable against the principal and his sureties, conditioned on the due and faithful performance of his official duties, payable to the state and to and for the use and benefit of the townTown or any person who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity. A person so injured or aggrieved may bring suit on such bond under provisions identical t o those contained in A.R.S. § 38-260. Bonds shall be in such sum as shall be provided by resolutionset forth in ARIZ. REV. STAT. § 38-251, et seq., as amended, and the premium for such bonds shall be paid by the townTown. Section 2-1-8 Financial Disclosure Statement The mayor and each councilmemberAny person who qualified as a public officer at any time during the preceding calendar year shall file by January 31 of each year, on a form prescribed by law, a financial disclosure statement setting forth such information as required by lawARIZ. REV. STAT. § 38-542, as amended. Section 2-1-9 Prohibition on Holding Appointive Town Office No member of the councilCouncilmember shall hold any compensated appointive townTown office or employment until one year after the expiration of the term for which he was elected or appointed to the councilCouncil. Fountain Hills Town Code 1849497.5 Page 4 of 19 Article 2-2 MAYOR Sections: 2-2-1 Selection of Mayor 2-2-2 Vice Mayor 2-2-3 Acting Mayor 2-2-4 Powers and Duties of the Mayor 2-2-5 Absence of Mayor 2-2-6 Failure to Sign Documents Section 2-2-1 Selection of Mayor The councilmembers shall at the first regular meeting after the general election choose a mayor from among their number who will serve at the pleasure of the council; provided that beginning with the town election in 1994, the mayorMayor shall be directly elected by the qualified electors of the townTown. Section 2-2-2 Vice Mayor Each member of the councilCouncil, except the mayorMayor, shall serve an eight month term as vice mayor. Initial terms shall coordinate with the two and four year terms of the first elected council. Thereafter, terms as vice mayorVice Mayor. Terms as Vice Mayor shall be determined sosuch that every elected councilmemberCouncilmember serves as vice mayorVice Mayor during theirthe member’s elected termsterm unless unable due to vacating for any reason the office of councilmember. The vice mayorthe Councilmember vacates his office for any reason prior to serving as Vice Mayor. During the years of 2014, 2015 and 2016, Vice Mayor terms may be extended beyond eight months to allow for adjustments to the Town’s election cycles as required by ARIZ. REV. STAT. § 16-204. The Vice Mayor shall perform the duties of the mayorMayor during histhe Mayor’s absence or disability. (99-02, Amended, 01/21/1999) Section 2-2-3 Acting Mayor In the absence or disability of both the mayorMayor and vice mayorVice Mayor, the councilCouncil may designate another of its members to serve as acting mayorActing Mayor who shall have all the powers, duties and responsibilities of the mayorMayor during such absence or disability. Section 2-2-4 Powers and Duties of the Mayor The powers and duties of the mayorMayor shall include the following: A. He shall be the chief executive officer of the townTown. B. He shall be the chairman of the councilCouncil and preside over its meetings. He may make and second motions and shall have a voice and vote in all its proceedings. C. He shall enforce the provisions of this codeCode. Fountain Hills Town Code 1849497.5 Page 5 of 19 D. He shall execute and authenticate by his signature such instruments as required by act of the councilCouncil or any statutes, ordinancesapplicable statute, regulation, ordinance or this code shall requireCode. E. He shall make such recommendations and suggestions to the councilCouncil as he may considerconsidered proper. F. He may, by proclamation, declare a local emergency to exist due to fire, conflagration, flood, earthquake, explosion, war, bombing or any other natural or man -made calamity or disaster or in the event of the threat or occurrence of riot, rout or affray or other acts of civil disobedience which endanger life or property within the townTown. After declaration of such emergency, the mayorMayor shall govern by proclamation and impose all necessary regulations to preserve the peace and order of the townTown, including but not limited to: 1. Imposition of a curfew in all or any portion of the townTown. 2. Ordering the closing of any business. 3. Denying public access to any public building, street or other public place. 4. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance. G. He shall perform such other duties required by state statuteapplicable law and this codeCode as well as those duties required as chief executive officer of the townTown. Section 2-2-5 Absence of Mayor The mayorMayor shall not be absent himself from the townTown for a greater period longer than two consecutive weeks without having first given proper notice to the councilCouncil. Section 2-2-6 Failure to Sign Documents If the mayorMayor refuses or fails to sign any ordinance, resolution, contract, warrant, demand or other document or instrument requiring his signature for any period of five days consecutively, then a majority of the members of the councilCouncil may, at any regular or special meeting, authorize the vice mayorVice Mayor or, in his absence, an acting mayorActing Mayor to sign such ordinance, resolution, contract, warrant, demand or other document or instrument, which when so signed shall have the same force and effect as if signed by the mayorMayor. Fountain Hills Town Code 1849497.5 Page 6 of 19 Article 2-3 COUNCIL ELECTION ELECTIONS Sections: 2-3-1 Consolidated Election Dates 2-3-2 Primary Election 2-3-23 Non-Partisan Ballot 2-3-34 General Election Nomination 2-3-45 Candidate Financial Disclosure 2-3-56 Mail Ballot Election Section 2-3-1 Consolidated Election Dates All elections shall be held as pursuant to ARIZ. REV. STAT. § 16-204, as amended. Section 2-3-2 Primary Election A. Any candidate who shall receive at the primary election a majority of all the votes cast shall be declared to be elected to the office for which he is a candidate effective as of the date of the general election, and no further election shall be held as to said candidate. If more candidates receive a majority than there are offices to be filled, then those candidates equal in number to the offices to be filled receivingwho have received the highest number of votes shall be declared elected. B. Pursuant to ARIZ. REV. STAT. § 9-821.01, as amended, the total of all votes tabulated for the candidates for the office of Mayor shall constitute the total number of votes cast at the election and shall be the basis for calculating whether a candidate for the office of Mayor or the office of Councilmember has received a majority of all votes cast at the election. Section 2-3-23 Non-Partisan Ballot Elections shall be non-partisan and nothing on the ballot in any election shall be indicative of the support of a candidate. Candidates’ names shall appear on the ballot pursuant to the procedure set forth in ARIZ. REV. STAT. § 16-464, as amended. Section 2-3-34 General Election Nomination If at any primary election held as above provided there be any office for which no candidate is elected, then as to such office, the primary election shall be considered to be a primary election for nomination of candidates for such office, and the general municipal election shall be held to vote for candidates to fill such office. Candidates to be placed on the ballot at the general municipal election shall be (A) those not elected at the primary election and shallwho received the highest number of votes and (B) be equal in number to twice the number to be elected to any given office or less than that number if there be less than that number named on the primary election ballot. Persons who receive the highest number of votes for Fountain Hills Town Code 1849497.5 Page 7 of 19 the respective offices at such first election shall be the on ly candidates at such second election, provided that if there be any person who, under the provisions of this articleArticle, would have been entitled to become a candidate for any office except for the fact that some other candidate received an equal numb er of votes therefortherefore, then all such persons receiving an equal number of votes shall likewise become candidates for such office. Section 2-3-45 Candidate Financial Disclosure EachPursuant to ARIZ. REV. STAT. § 38-543, as amended, each candidate for the office of councilmemberCouncilmember shall file a financial disclosure statement on a form prescribed by law when such candidate files a nomination paper. The statement shall contain such information as required by law. Section 2-3-56 Mail Ballot Election A. Except as provided in Subsection B of this Section 2-3-5, the town clerkThe Town Clerk shall conduct all primary, general and special elections exclusively using mail ballots in accordance with Arizona Revised Statutes Title 16, Article 8.1,ARIZ. REV. STAT. § 16-409, as amended. B. Subsection A of this Section 2-3-5 shall not apply in the case of any town election for which (1) there is a county-wide election on the same date and (2) Maricopa County is not utilizing an all-mail ballot process. (Ord. 11-07, Added, 01/20/2011) Fountain Hills Town Code 1849497.5 Page 8 of 19 Article 2-4 COUNCIL PROCEDURE Sections: 2-4-1 Council Rules of Procedure 2-4-2 Boards, Committees and Commissions 2-4-3 Posting Notice of Meetings Section 2-4-1 Council Rules of Procedure The councilCouncil shall adopt such procedural rules as it deems appropriate. (03-17, Amended, 08/07/2003) Section 2-4-2 Boards, Committees and Commissions The councilCouncil may create such boards, committees and commissions, standing or special, as it deems necessary. They shall consist of as many members and shall perform such duties as the councilCouncil may require. All members shall serve at the pleasure of the councilCouncil. Immediately prior to assumption of the duties of office, each appointee shall, in public, take and subscribe to the oath of office. The and acknowledge that he is subject to the terms and conditions of the Council Rules of Procedure. Pursuant to ARIZ. REV. STAT. § 38-232, as amended, the oath of office shall be administered atprior to the first regular or special meeting that the appointee attends. (03-17, Amended, 08/07/2003) Section 2-4-3 Posting Notice of Meetings Public notice of the meetings of the councilCouncil shall be posted in the following places: A. Fountain Hills Community Center 13001 N. La Montana Drive Fountain Hills, Arizona B. Town of Fountain Hills Website www.fh.az.gov C. Fountain Hills Town Hall 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 (06-24, Amended, 10/19/2006; 05-04, Amended, 06/02/2005; 03-17, Renumbered, 08/07/2003, Was previously Section 2-4-11; 01-22, Amended, 12/10/2001) Fountain Hills Town Code 1849497.5 Page 9 of 19 Article 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS Sections: 2-5-1 Prior Approval 2-5-2 Introduction 2-5-3 Reading of Ordinances 2-5-4 Requirements for an Ordinance 2-5-5 Effective Date of Ordinances 2-5-6 Signatures Required 2-5-7 Publishing Required 2-5-8 Posting Required Section 2-5-1 Prior Approval All ordinances, resolutions and contract documents shall, before presentation to the councilCouncil, be reviewed by the managerTown Manager and, as to form, by the attorneyTown Attorney and shall, when there are substantive matters of administration involved, be referred to the person who is charged with the administration of the matters. Such person shall have an opportunity to present his comments, suggestions and objections, if any, prior to the passage of the ordinance, resolution or acceptance of the contract. Section 2-5-2 Introduction Ordinances, resolutions and other matters or subjects requiring action by the council shall be introduced and sponsored by a member of the council, except that the attorney, theThe Town manager, the Town Attorney or the clerkTown Clerk may present ordinances, resolutions and other matters or subjects to the councilCouncil, and any member of the councilCouncil may assume sponsorship thereof by moving that such ordinance, resolution, matter or subject be adopted; otherwise, they shall not be considered. Section 2-5-3 Reading of Ordinances Prior to a vote on passage by the councilCouncil, all ordinances shall be read in full unless the councilCouncil has been provided with complete printed or electronic copies of said ordinance. (06-24, Amended, 10/19/2006) Section 2-5-4 Requirements for an Ordinance Each ordinance may have only one subject, the nature of which is clearly expressed in the title. Whenever possible, each ordinance shall be introduced as an amendment to this codeCode or to an existing ordinance, and, in such case, the title of the sections to be amended shall be included in the ordinance. Section 2-5-5 Effective Date of Ordinances A. No ordinance, resolution or franchise shall become operative until thirty30 days after its passage by the councilCouncil and signature by the mayorMayor, except measures necessary for the Fountain Hills Town Code 1849497.5 Page 10 of 19 immediate preservation of the peace, health or safety of the townTown, but such an emergency measure shall not become immediately operative unless it states in a separate section the reason why it is necessary that it should become immediately operative, and unless it is approved by the affirmative vote of three-fourths of all the members elected toof the councilCouncil. B. In addition to the provisions of subsection A of this sectionSection, the clerkTown Clerk shall certify the minutes of any councilCouncil meeting at which an ordinance, resolution or franchise, except an emergency measure is passed. The thirty 30-day period specified in subsection A of this section shall be calculated from the date of passage by the council and signature by the mayoras set forth in ARIZ. REV. STAT. § 19-142, as amended. Section 2-5-6 Signatures Required Every ordinance passed by the councilCouncil shall, before it becomes effective, be signed by the mayorMayor and attested by the clerkTown Clerk. Section 2-5-7 Publishing Required Only such ordinances, orders, resolutions, motions, regulations or proceedings of the councilCouncil shall be published as may be required by state statuteslaw or expressly ordered by the council. Ordinances shall be published once each week for two consecutive weeks in a weekly newspaper or four consecutive times in a daily newspaper of general circulation.Council. Section 2-5-8 Posting Required Every ordinance imposing any penalty, fine, forfeiture or other punishment shall, after passage, be posted by the clerk in three or more public places within the townTown Clerk in the locations designated in Section 2-4-3 of this Code and an affidavit of the person who posted the ordinance shall be filed in the office of the clerkTown Clerk as proof of posting. Fountain Hills Town Code 1849497.5 Page 11 of 19 Article 2-6 INITIATIVE AND REFERENDUM Sections: 2-6-1 Power Reserved; Time of Election 2-6-2 Number of Signatures 2-6-3 Time of Filing 2-6-4 Sample Ballots and Publicity Pamphlets 2-6-5 Mail Ballot Election Section 2-6-1 Power Reserved; Time of Election A. There is reserved to the qualified electors of the townTown the power of initiative and the referendum as prescribed by the state constitution, Arizona Revised Statutes and this codeCode. B. Any proper initiative matter shall be voted on by all qualified electors at the next ensuing townTown primary or general election pursuant to subsection A of Section 2-6-3.Subsection 2-6-3(A) of this Code. C. That upon presentation of a certificate to the councilCouncil by the town clerkTown Clerk that all steps required by the constitutionArizona Constitution and the stateState statutes concerning referendum have been complied with, the councilCouncil may call a special election on the matter referred no less than ninety days and no more than one hundred fifty days from the presentation of the certificate by the clerkTown Clerk; provided that within that period of time there is no regularly scheduled townTown primary or general election for which the referendum matters would otherwise qualify. D. The call of a special election for referendum matters shall be valid only upon the affirmative vote of four members of the councilCouncil voting on said request and call. Should the required number of votes to call the special election not be obtained then the referendum matter shall appear on the ballot at the next regular townTown primary or general election. E. If a special election on a referendum matter is called for by the councilCouncil pursuant to subsection D of this section, then in addition to all other notices required by law, the clerkTown Clerk shall notify the person or organization that requested the referendum petition of the councilCouncil decision by first class mail, postage prepaid at the address shown upon the request for referendum petition number. F. The provisions of this section shall apply to all referendum matters whether or not the petitions have already been presented to the clerk, and it is the intention of the council that this section be retroactive in nature as to any and all referendum petitions in existence at the time of this amendment to this code. Section 2-6-2 Number of Signatures A. The total number of registered voterselectors qualified to vote at the last municipalTown election, whether regular or special, immediately preceding the date upon which any initiative petition is Fountain Hills Town Code 1849497.5 Page 12 of 19 filed, shall be the basis upon whichfor computing the number of signatures of qualified electors of the townTown required to file an initiative petition shall be computed. B. The basis upon whichfor computing the number of signatures of qualified electors of the townTown required to file a referendum petition shall be as determined by state law. Section 2-6-3 Time of Filing A. Initiative petitions shall be filed at least one hundred twenty120 days prior to the election at which they are to be voted upon. B. Referendum petitions shall be filed within thirty days of the adoption of the ordinance or resolution to be referred. If the town clerk is unable to provide petitioners with a copy of the ordinance or resolution at the time of application for an official number or on the same business day of the application, the thirty day period shall be calculated from the date such ordinance or resolution is available the time period set forth in ARIZ. REV. STAT. § 19-142, as amended. Section 2-6-4 Sample Ballots and Publicity Pamphlets The following procedures relating to sample ballots and publicity pamphlets are hereby adopted for conducting elections at which an initiative or referendum is to be voted upon: A. A publicity pamphlet, containing the entire text of the official ballot, shall be mailed by the town clerkTown Clerk to each household within the townTown in which a registered voter resides, not less than the minimum number of days prior to the election to which the sample ballot pertains, as required by state law. B. The pamphlet shall contain the proposition as it will appear on the ballot together with a summary of each proposition. Each summary shall be followed by any arguments supporting the proposition followed by any arguments opposing the proposition. Arguments submitted by the person filing the initiative or referendum shall appear first. The remaining arguments shall be placed in the order in which they were filed. C. Arguments supporting and opposing propositions appearing on the ballot shall be filed with the office of the town clerkTown Clerk by 5:00 p.m. not less than the minimum number of days prior to the election at which the propositions are to be voted upon, as required by state law. If time does not permit compliance with the deadline, the town clerkTown Clerk may establish a separate deadline for filing referendum ballot arguments. Arguments supporting or opposing propositions appearing on the ballot shall meet the following requirements: 1. Arguments must relate to the propositions proposed by initiative or referred by referendum which will appear on the ballot. 2. Arguments must identify the proposition to which they refer and indicate whether the argument is in support of or in opposition to the proposition. 3. Arguments may not exceed three hundred words in length. Fountain Hills Town Code 1849497.5 Page 13 of 19 4. Arguments must contain the original notarized signature of each person sponsoring it. Arguments submitted by organizations shall be signed by two executive officers of the organization, or if the argument is sponsored by a political committee it must be signed by the committee's chairman or treasurer. All persons signing documents shall indicate their residence or post office address and a telephone number, which information shall not appear in the publicity pamphlet. 5. No person or organization shall submit more than one argument for each proposition to be voted upon. 6. Each argument shall be accompanied by a depositpayment in the amount of $100established by the Council, either as part of the Town’s annual budget or by separate resolution, to offset proportional costs of printing. This requirement shall not be waived on any account. (11-07, Amended, 01/20/2011) Section 2-6-5 Mail Ballot Election A. Except as provided in Subsection B of the Section 2-6-5, the town clerkThe Town Clerk shall conduct all initiative and referendum elections, whether on the date of primary, general or special election, exclusively using mail ballots in accordance with Arizona Revised Statutes Title 16, Article 8.1,ARIZ. REV. STAT. § 16-409, as amended. B. Subsection A. of this Section 2-6-5 shall not apply in the case of any town election for which (1) there is a county-wide election on the same date and (2) Maricopa County is not utilizing an all-mail ballot process. (11-07, Added, 01/20/2011) Fountain Hills Town Code 1849497.5 Page 14 of 19 Article 2-7 PLANNING AND ZONING COMMISSION Sections: 2-7-1 Creation 2-7-2 Membership 2-7-3 Officers 2-7-4 Duties 2-7-5 Meetings; Rules; Minutes 2-7-6 Conduct of Business 2-7-7 Fees Section 2-7-1 Creation The planningPlanning and zoning commissionZoning Commission of the Town of Fountain Hills is hereby established. Section 2-7-2 Membership A. The planningPlanning and zoning commissionZoning Commission shall be composed of a total of seven members who shall be residents of the town. The members of the commissionCommission shall be appointed by the mayorMayor, subject to the approval of the councilCouncil. These appointments shall be for a period of two years each, with the terms of members so staggered such that the terms of no more than four members shall expire in any one year. The initial appointments shall be for three members with terms beginning on October 1, 1990, and expiring on September 30, 1991; for four members with terms beginning on October 1, 1990 and expiring on September 30, 1992. Thereafter allAll members shall be appointed for full two year terms, except that in the event of death or resignation of a member, the vacancy may be filled for the unexpired term. The termterms of all members shall extend until their successors are appointed and qualified. Members shall serve at the will and pleasure of the Council. However, three successive unexcused or unexplained absences from any regular or special meeting shall result in automatic removal without the necessity of a hearing or notice and such action shall be final. B. All members shall serve without pay. However, members of said commissionCommission may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the commissionCommission and approval of such expenditures by the councilCouncil. (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-3 Officers The commissionCommission shall elect a chair and vice-chair from among its own members, who shall serve for one year and until their successors are elected and qualified. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The vice-chair shall perform the duties of the chair in the latterchair's absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election. Fountain Hills Town Code 1849497.5 Page 15 of 19 (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-4 Duties It shall be the duty of the Commission: 1. To formulate and administer any lawful plan duly adopted by the Council for growth and development. 2. To make or cause to be made a continuous study of the best and future use to which land and buildings shall be put within the Town of Fountain Hills. 3. To recommend to the Council revisions in such plans that, in the opinion of the Commission, are in the best interest of the citizens of the Town of Fountain Hills. 4. To hold public hearings when necessary or when required by law. 5. To make recommendations to the Council on all matters concerning or relating to the creation of Zoning Ordinances, the boundaries thereof, the appropriate regulations to be enforced therein, and amendments of this ordinancethe Town of Fountain Hills Zoning Ordinance. 6. To carry out the specific duties as prescribed by this ordinanceCode and the Town of Fountain Hills Zoning Ordinance. 7. To undertake all activities usually associated therewith and commonly known as "planning and zoning;" provided, however, that commissionCommission members shall not interfere with, or participate in, the administrative duties of the Town's Planning and Zoning Division. 8. To confer and advise with other town, county, regional, or state planning agencies and Commissionscommissions. (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-5 Meetings; Rules; Minutes All meetings of the Commission shall be open to the public in accordance with state law. The Council shall provide rules of procedure for the Commission relating to the conduct of its members and its meetings. The minutes of all Commission proceedings shall be filed in the office of the Town Clerk. (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-6 Conduct of Business Four members shall constitute a quorum. The affirmative vote of a majority of a quorum shall be required for passage of any matter before the commissionCommission. In this connection, the minutes of the meetings shall reflect the "ayes" and "nayesnays" cast on a particular measure and shall reflect the vote of each member present. A member may abstain from voting only upon a declaration that he or she has a conflict of interest, in which case such member shall take no part in the deliberations on the matter in question. (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-7 Fees Fountain Hills Town Code 1849497.5 Page 16 of 19 The Council shall be authorized to establish a uniform schedule of fees for services relating to Planning and Zoning, either as part of its adoption of the Town's annual budget or by separate resolution. (Ordinance 06-30, Amended, 12/07/2006) Fountain Hills Town Code 1849497.5 Page 17 of 19 Article 2-8 BOARD OF ADJUSTMENT Sections: 2-8-1 Creation 2-8-2 Membership 2-8-3 Officers 2-8-4 Duties 2-8-5 Nonconforming Use 2-8-6 Variances 2-8-7 Limitation of Authority 2-8-8 Appeals 2-8-9 Filing Fees for Appeals 2-8-10 Meetings 2-8-11 Conduct of Business Section 2-8-1 Creation The boardBoard of adjustmentAdjustment of the Town of Fountain Hills is hereby established. Section 2-8-2 Membership A. The boardBoard of adjustmentAdjustment shall be composed of a total of five members who shall be residents of the townTown. The members of the boardBoard shall be appointed by the mayorMayor, subject to the approval of the councilCouncil. These appointments shall be for a period of two years each, with the terms of members so staggered such that the terms of no more than three membermembers shall expire in any one year. The initial appointments shall be for three members with terms beginning February 1, 1991, and expiring on January 31, 1993; for two members with terms beginning on February 1, 1991 and expiring on January 31, 1992. Thereafter allAll members shall be appointed for full two year terms, except that in the event of death or resignation of a member, the vacancy may be filled for the unexpired term. The term of all members shall extend until their successors are appointed and qualified. Members shall serve at the will and pleasure of the Council. However, three successive unexcused or unexplained absences from any regular or special meeting shall result in automatic removal without the necessity of a hearing or notice and such action shall be final. B. All members shall serve without pay. However, members of said boardBoard may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the boardBoard and approval of such expenditures by the councilCouncil. (Ordinance 06-30, Amended, 12/07/2006) Section 2-8-3 Officers The boardBoard shall elect a chair and vice-chair from among its own members, who shall serve for one year and until their successors are elected and qualified. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The chair shall have the power to administer oaths and to take evidence. The vice-chair shall perform the duties of Fountain Hills Town Code 1849497.5 Page 18 of 19 the chair in the latterchair's absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election. Section 2-8-4 Duties A. It shall be the duty of the boardBoard of adjustmentAdjustment to hear appeals concerning the interpretation or administration of the zoning code, made by the zoning administrator. The boardBoard may reverse, affirm, wholly or partially or modify the order, requirement or decision of the zoning administrator appealed from, and make such order, requirement, decision or determination as necessary. B. It shall be the duty of the boardBoard of adjustmentAdjustment to hear and decide appeals for variances from the terms of the zoning code only, if because of special circumstances applicable to the subject property, including its size, shape, topography, location or surroundings, the strict application of the zoning code will deprive such property owner of privileges enjoyed by owners of other property of the same classification in the zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. C. The boardBoard of adjustmentAdjustment may not: 1. Make any changes in the uses permitted in any zoning classification or zoning district, make any changes in the terms of the zoning code or make changes to the zoning map,; provided the restriction in this paragraph shall not affect the authority to grant variances pursuant to this articleArticle. 2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner. Section 2-8-5 Nonconforming Use No nonconforming use or violations of this articleArticle with respect to neighboring lands, structures or buildings in the same zoning district, and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for granting a variance. Section 2-8-6 Variances Every variance shall be personal to the applicant and shall run with the land only after completion of any structure or structures authorized thereby. Section 2-8-7 Limitation of Authority Nothing herein contained shall be construed to empower the boardBoard to authorize uses which violate any other townTown code or ordinance, to effect changes in the zoning map or to add to or change the uses permitted in any zoning district. Section 2-8-8 Appeals Fountain Hills Town Code 1849497.5 Page 19 of 19 The decision of the boardBoard shall be final,; provided, however, that any person aggrieved by a decision of the boardBoard may, at any time within thirty30 days after the filing of the decision in the office of the community development departmentDevelopment Services Department, file a special action in the nature of certiorari with the Arizona Superior Court in and for Maricopa County for review of the boardBoard's decision. Allowance of the writ shall not stay proceedings upon the decision appealed from, unless the court shall grant a restraining order. If a special action is brought for review of a matter in which the boardBoard held a hearing which was not stenographically or electronically recorded, then upon request of any party to the special action or the court, the boardBoard shall forthwith notice a hearing as herein provided for the purpose of causing a stenographic or electronic record to be made of the evidence presented by the parties. If evidence is presented at this hearing which is new or different from that originally presented, the same shall be noted in the record by the boardBoard chair. Section 2-8-9 Filing Fees for Appeals A. Upon filing an application for appeal, the appellant shall pay a filing fee in an amount established by a schedule adopted by the Council as part of the Town's annual budget or by separate resolution. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the petitioner is thea town, city, county, state or federal government. B. In the case of an appeal for a variance to more than one provision of the zoning code, the filing fee shall equal the total amount chargeable for all provisions as prescribed by the fee schedule. (Ordinance 06-30, Amended, 12/07/2006) Section 2-8-10 Meetings The boardBoard shall provide in its rules for its meetings; provided, however, that special meetings may be called by the chair, or in his or her absence the vice-chair. In addition, any three members of the boardBoard may make written request to the boardchair of the Board for a special meeting and in the event such meeting is not called, such members may call a special meeting in such man ner and form as may be provided in the boardBoard rules. Section 2-8-11 Conduct of Business Three members shall constitute a quorum. The affirmative vote of a majority of a quorum shall be required for passage of any matter before the boardBoard. In this connection, the minutes of the meetings shall reflect the "ayes" and "noesnays" cast on a particular measure and shall reflect the vote of each member present. A member may abstain from voting only upon a declaration that he or she has a statutory conflict of interest, in which case such member shall take no part in the deliberations on the matter in question. Fountain Hills Town Code 1849497.5 Page 20 of 19 Article 2-9 QUALIFIED ELECTORS AND PETITION CIRCULATORS Sections: 2-9-1 Qualified electorelectors; definition 2-9-2 Petition circulators Section 2-9-1 Qualified electorelectors; definition A. Every resident of the Town is qualified to register and vote in Town elections if he or she: 1. Is a citizen of the United States; 2. Will be eighteen (18) years of age or more on or before the date of the next Town election following registration; 3. Will have been a resident of the Town and registered to vote prior to midnight of the twenty-ninth (29th) day29 days next preceding the date of the next Town election; 4. Is able to write his or her name, or make a mark, unless prevented from doing so by physical disability; 5. Has not been convicted of treason or a felony, unless restored to civil rights; and 6. Has not been adjudicated an incapacitated person as defined by A.R.S.ARIZ. REV. STAT. § 14-5101, or its successor statute. B. For the purposes of this Article, "resident" means an individual who has actual physical presence in the Town, combined with an intent to remain. A temporary absence shall not result in a loss of residence if the individual has an intent to return following his or her absence. An individual has only one residence for purposes of this Article. (98-33, Added, 12/03/1998) Section 2-9-2 Petition circulators All circulators of nomination petitions for mayorMayor or town council memberCouncilmember and all circulators of recall, referenda or initiative petitions or petitions for other measures, shall be qualified Town of Fountain Hills electors, who must have been a resident of the Town, as defined in Section 2-9-1 of this Article, for not less than twenty-nine (29) days next preceding the circulation of anyto register to vote in this State. Pursuant to ARIZ. REV. STAT. § 16-315, as amended, if the petition circulator is not a resident of the State, the petition circulator shall register as a circulator with the Secretary of State before circulating the petition. (98-33, Added, 12/03/1998) Document comparison by Workshare Compare on Wednesday, December 05, 2012 8:45:10 AM Input: Document 1 ID interwovenSite://GRPHX_SQL/Phoenix/1849497/1 Description #1849497v1<Phoenix> - CODE - Town Code Ch. 2 Mayor and Council Document 2 ID interwovenSite://GRPHX_SQL/Phoenix/1849497/5 Description #1849497v5<Phoenix> - CODE - Town Code Ch. 2 Mayor and Council v5 (AJM 12.5.12) Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 284 Deletions 254 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 538 1849497.5 DECEMBER 20, 2012 AMENDMENTS TO CHAPTER 2 OF THE TOWN CODE Fountain Hills Town Code 1849497.5 Page 1 of 19 Chapter 2 MAYOR AND COUNCIL Articles: 2-1 COUNCIL 2-2 MAYOR 2-3 COUNCIL ELECTION 2-4 COUNCIL PROCEDURE 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS 2-6 INITIATIVE AND REFERENDUM 2-7 PLANNING AND ZONING COMMISSION 2-8 BOARD OF ADJUSTMENT 2-9 QUALIFIED ELECTORS AND PETITION CIRCULATORS Fountain Hills Town Code 1849497.5 Page 2 of 19 Article 2-1 COUNCIL Sections: 2-1-1 Elected Officers 2-1-2 Corporate Powers 2-1-3 Assumption of Duties 2-1-4 Vacancies in Council 2-1-5 Compensation 2-1-6 Oath of Office 2-1-7 Bond 2-1-8 Financial Disclosure Statement 2-1-9 Prohibition on Holding Appointive Town Office Section 2-1-1 Elected Officers A. The elected officers of the Town shall be a Mayor and six Councilmembers. The Mayor and Councilmembers shall constitute the Council and shall continue in office until assumption of duties of office by their duly elected or appointed successors, as set forth in Sections 2-1-3 and 2- 1-4 of this Article. B. The term of office of the Mayor shall be two years. C. Councilmembers shall serve four-year, overlapping terms. (99-02, Amended, 01/21/1999) Section 2-1-2 Corporate Powers The corporate powers of the Town shall be vested in the Council and shall be exercised only as directed or authorized by law. All powers of the Council shall be exercised by ordinance, resolution, order or motion. Section 2-1-3 Assumption of Duties Councilmembers shall assume the duties of office at the first regularly scheduled Council meeting in December following the election at which the Councilmembers were elected. (99-02, Amended, 01/21/1999) Section 2-1-4 Vacancies in Council A. The Council shall fill any vacancy that may occur in the Council by any method provided by ARIZ. REV. STAT. § 9-235, as amended. B. In the case of a vacancy that may occur in the Office of the Mayor, the Council shall appoint, from the remaining Councilmembers, one person to serve as Mayor for the remainder of the Mayor's term. The Council shall then fill, in the manner set forth in Subsection 2 -1-4(A) above, the vacancy in the Council that was created by appointing a Councilmember to serve as Mayor. Fountain Hills Town Code 1849497.5 Page 3 of 19 C. All vacancies shall be filled in a reasonable period of time from the occurrence of the vacancy. (Ordinance 09-14, Amended, 11/05/2009) Section 2-1-5 Compensation The compensation paid to the Mayor and Council for service in office shall be fixed from time to time by resolution of the Council. Section 2-1-6 Oath of Office Prior to assumption of the duties of office, the Mayor and each Councilmember shall take and subscribe to the oath of office and review and acknowledge the Council’s Rules of Procedure. Section 2-1-7 Bond Unless a blanket bond or other equivalent coverage is provided by the Town, prior to taking office, the Mayor and every Councilmember shall execute and file an official bond, enforceable against the principal and his sureties, conditioned on the due and faithful performance of his official duties, payable to the state and to and for the use and benefit of the Town or any person who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity. Bonds shall be in such sum as set forth in ARIZ. REV. STAT. § 38-251, et seq., as amended, and the premium for such bonds shall be paid by the Town. Section 2-1-8 Financial Disclosure Statement Any person who qualified as a public officer at any time during the preceding calendar year shall file by January 31 of each year, on a form prescribed by law, a financial disclosure statement setting forth such information as required by ARIZ. REV. STAT. § 38-542, as amended. Section 2-1-9 Prohibition on Holding Appointive Town Office No Councilmember shall hold any compensated appointive Town office or employment until one year after the expiration of the term for which he was elected or appointed to the Council. Fountain Hills Town Code 1849497.5 Page 4 of 19 Article 2-2 MAYOR Sections: 2-2-1 Selection of Mayor 2-2-2 Vice Mayor 2-2-3 Acting Mayor 2-2-4 Powers and Duties of the Mayor 2-2-5 Absence of Mayor 2-2-6 Failure to Sign Documents Section 2-2-1 Selection of Mayor The Mayor shall be directly elected by the qualified electors of the Town. Section 2-2-2 Vice Mayor Each member of the Council, except the Mayor, shall serve an eight month term as Vice Mayor. Terms as Vice Mayor shall be determined such that every elected Councilmember serves as Vice Mayor during the member’s elected term unless the Councilmember vacates his office for any reason prior to serving as Vice Mayor. During the years of 2014, 2015 and 2016, Vice Mayor terms may be extended beyond eight months to allow for adjustments to the Town’s election cycles as required by ARIZ. REV. STAT. § 16-204. The Vice Mayor shall perform the duties of the Mayor during the Mayor’s absence or disability. (99-02, Amended, 01/21/1999) Section 2-2-3 Acting Mayor In the absence or disability of both the Mayor and Vice Mayor, the Council may designate another of its members to serve as Acting Mayor who shall have all the powers, duties and responsibilities of the Mayor during such absence or disability. Section 2-2-4 Powers and Duties of the Mayor The powers and duties of the Mayor shall include the following: A. He shall be the chief executive officer of the Town. B. He shall be the chairman of the Council and preside over its meetings. He may make and second motions and shall have a voice and vote in all its proceedings. C. He shall enforce the provisions of this Code. D. He shall execute and authenticate by his signature such instruments as required by act of the Council or any applicable statute, regulation, ordinance or this Code. E. He shall make such recommendations and suggestions to the Council as considered proper. Fountain Hills Town Code 1849497.5 Page 5 of 19 F. He may, by proclamation, declare a local emergency to exist due to fire, conflagration, flood, earthquake, explosion, war, bombing or any other natural or man-made calamity or disaster or in the event of the threat or occurrence of riot, rout or affray or other acts of civil disobedience which endanger life or property within the Town. After declaration of such emergency, the Mayor shall govern by proclamation and impose all necessary regulations to prese rve the peace and order of the Town, including but not limited to: 1. Imposition of a curfew in all or any portion of the Town. 2. Ordering the closing of any business. 3. Denying public access to any public building, street or other public place. 4. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance. G. He shall perform such other duties required by applicable law and this Code as well as those duties required as chief executive officer of the Town. Section 2-2-5 Absence of Mayor The Mayor shall not be absent from the Town for a period longer than two consecutive weeks without having first given proper notice to the Council. Section 2-2-6 Failure to Sign Documents If the Mayor refuses or fails to sign any ordinance, resolution, contract, warrant, demand or other document or instrument requiring his signature for any period of five days, then a majority of the members of the Council may, at any regular or special meeting, authorize the Vice Mayor or, in his absence, an Acting Mayor to sign such ordinance, resolution, contract, warrant, demand or other document or instrument, which when so signed shall have the same force and effect as if signed by the Mayor. Fountain Hills Town Code 1849497.5 Page 6 of 19 Article 2-3 ELECTIONS Sections: 2-3-1 Consolidated Election Dates 2-3-2 Primary Election 2-3-3 Non-Partisan Ballot 2-3-4 General Election Nomination 2-3-5 Candidate Financial Disclosure 2-3-6 Mail Ballot Election Section 2-3-1 Consolidated Election Dates All elections shall be held as pursuant to ARIZ. REV. STAT. § 16-204, as amended. Section 2-3-2 Primary Election A. Any candidate who shall receive at the primary election a majority of all the votes cast shall be declared to be elected to the office for which he is a candidate effective as of the date of the general election, and no further election shall be held as to said candidate. If more candidates receive a majority than there are offices to be filled, then those candidates equal in number to the offices to be filled who have received the highest number of votes shall be declared elected. B. Pursuant to ARIZ. REV. STAT. § 9-821.01, as amended, the total of all votes tabulated for the candidates for the office of Mayor shall constitute the total number of votes cast at the election and shall be the basis for calculating whether a candidate for the office of Mayor or the office of Councilmember has received a majority of all votes cast at the election. Section 2-3-3 Non-Partisan Ballot Elections shall be non-partisan and nothing on the ballot in any election shall be indicative of the support of a candidate. Candidates’ names shall appear on the ballot pursuant to the procedure set forth in ARIZ. REV. STAT. § 16-464, as amended. Section 2-3-4 General Election Nomination If at any primary election held as above provided there be any office for which no candidate is elected, then as to such office, the primary election shall be considered to be a primary election for nomination of candidates for such office, and the general municipal election shall be held to vote for candidates to fill such office. Candidates to be placed on the ballot at the general muni cipal election shall be (A) those not elected at the primary election who received the highest number of votes and (B) be equal in number to twice the number to be elected to any given office or less than that number if there be less than that number named on the primary election ballot. Persons who receive the highest number of votes for the respective offices at such first election shall be the only candidates at such second election, provided that if there be any person who, under the provisions of this Article, would have been entitled to become a candidate for any office except for the fact that some other candidate received an equal number of votes Fountain Hills Town Code 1849497.5 Page 7 of 19 therefore, then all such persons receiving an equal number of votes shall likewise become candidates for such office. Section 2-3-5 Candidate Financial Disclosure Pursuant to ARIZ. REV. STAT. § 38-543, as amended, each candidate for the office of Councilmember shall file a financial disclosure statement on a form prescribed by law when such candidate files a nomination paper. The statement shall contain such information as required by law. Section 2-3-6 Mail Ballot Election The Town Clerk shall conduct all primary, general and special elections exclusively using mail ballots in accordance with ARIZ. REV. STAT. § 16-409, as amended. (Ord. 11-07, Added, 01/20/2011) Fountain Hills Town Code 1849497.5 Page 8 of 19 Article 2-4 COUNCIL PROCEDURE Sections: 2-4-1 Council Rules of Procedure 2-4-2 Boards, Committees and Commissions 2-4-3 Posting Notice of Meetings Section 2-4-1 Council Rules of Procedure The Council shall adopt such procedural rules as it deems appropriate. (03-17, Amended, 08/07/2003) Section 2-4-2 Boards, Committees and Commissions The Council may create such boards, committees and commissions, standing or special, as it deems necessary. They shall consist of as many members and shall perform such duties as the Council may require. All members shall serve at the pleasure of the Council. Immediately prior to assumption of the duties of office, each appointee shall take and subscribe to the oath of office and acknowledge that he is subject to the terms and conditions of the Council Rules of Procedure. Pursuant to ARIZ. REV. STAT. § 38-232, as amended, the oath of office shall be administered prior to the first regular or special meeting that the appointee attends. (03-17, Amended, 08/07/2003) Section 2-4-3 Posting Notice of Meetings Public notice of the meetings of the Council shall be posted in the following places: A. Fountain Hills Community Center 13001 N. La Montana Drive Fountain Hills, Arizona B. Town of Fountain Hills Website www.fh.az.gov C. Fountain Hills Town Hall 16705 E. Avenue of the Fountains Fountain Hills, Arizona (06-24, Amended, 10/19/2006; 05-04, Amended, 06/02/2005; 03-17, Renumbered, 08/07/2003, Was previously Section 2-4-11; 01-22, Amended, 12/10/2001) Fountain Hills Town Code 1849497.5 Page 9 of 19 Article 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS Sections: 2-5-1 Prior Approval 2-5-2 Introduction 2-5-3 Reading of Ordinances 2-5-4 Requirements for an Ordinance 2-5-5 Effective Date of Ordinances 2-5-6 Signatures Required 2-5-7 Publishing Required 2-5-8 Posting Required Section 2-5-1 Prior Approval All ordinances, resolutions and contract documents shall, before presentation to the Council, be reviewed by the Town Manager and, as to form, by the Town Attorney and shall, when there are substantive matters of administration involved, be referred to the person who is charged with the administration of the matters. Such person shall have an opportunity to present his comments, suggestions and objections, if any, prior to the passage of the ordinance, resolution or acceptance of the contract. Section 2-5-2 Introduction The Town manager, the Town Attorney or the Town Clerk may present ordinances, resolutions and other matters or subjects to the Council, and any member of the Council may assume sponsorship thereof by moving that such ordinance, resolution, matter or subject be adopted; otherwise, they shall not be considered. Section 2-5-3 Reading of Ordinances Prior to a vote on passage by the Council, all ordinances shall be read in full unless the Council has been provided with complete printed or electronic copies of said ordinance. (06-24, Amended, 10/19/2006) Section 2-5-4 Requirements for an Ordinance Each ordinance may have only one subject, the nature of which is clearly expressed in the title. Whenever possible, each ordinance shall be introduced as an amendment to this Code or to an existing ordinance and, in such case, the title of the sections to be amended shall be included in the ordinance. Section 2-5-5 Effective Date of Ordinances A. No ordinance shall become operative until 30 days after its passage by the Council and signature by the Mayor, except measures necessary for the immediate preservation of the peace, health or safety of the Town, but such an emergency measure shall not become immediately operative unless it states in a separate section the reason why it is necessary that it should become immediately operative, and unless it is approved by the affirmative vote of three-fourths of all the Fountain Hills Town Code 1849497.5 Page 10 of 19 members of the Council. B. In addition to the provisions of subsection A of this Section, the Town Clerk shall certify the minutes of any Council meeting at which an ordinance, resolution or franchise, except an emergency measure is passed. The 30-day period specified in subsection A of this section shall be calculated as set forth in ARIZ. REV. STAT. § 19-142, as amended. Section 2-5-6 Signatures Required Every ordinance passed by the Council shall, before it becomes effective, be signed by the Mayor and attested by the Town Clerk. Section 2-5-7 Publishing Required Only such ordinances, orders, resolutions, motions, regulations or proceedings of the Council shall be published as may be required by state law or expressly ordered by the Council. Section 2-5-8 Posting Required Every ordinance imposing any penalty, fine, forfeiture or other punishment shall, after passage, be posted by the Town Clerk in the locations designated in Section 2-4-3 of this Code and an affidavit of the person who posted the ordinance shall be filed in the office of the Town Clerk as proof of posting. Fountain Hills Town Code 1849497.5 Page 11 of 19 Article 2-6 INITIATIVE AND REFERENDUM Sections: 2-6-1 Power Reserved; Time of Election 2-6-2 Number of Signatures 2-6-3 Time of Filing 2-6-4 Sample Ballots and Publicity Pamphlets 2-6-5 Mail Ballot Election Section 2-6-1 Power Reserved; Time of Election A. There is reserved to the qualified electors of the Town the power of initiative and the referendum as prescribed by the state constitution, Arizona Revised Statutes and this Code. B. Any proper initiative matter shall be voted on by all qualified electors at the next ensuing Town primary or general election pursuant to Subsection 2-6-3(A) of this Code. C. That upon presentation of a certificate to the Council by the Town Clerk that all steps required by the Arizona Constitution and the State statutes concerning referendum have been complied with, the Council may call a special election on the matter referred no less than ninety days and no more than one hundred fifty days from the presentation of the certificate by the Town Clerk; provided that within that period of time there is no regularly scheduled Town primary or general election for which the referendum matters would otherwise qualify. D. The call of a special election for referendum matters shall be valid only upon the affirmative vote of four members of the Council voting on said request and call. Should the required number of votes to call the special election not be obtained then the referendum matter shall appear on the ballot at the next regular Town primary or general election. E. If a special election on a referendum matter is called for by the Council pursuant to subsection D of this section, then in addition to all other notices required by law, the Town Clerk shall notify the person or organization that requested the referendum petition of the Council decision by first class mail, postage prepaid at the address shown upon the request for referendum petition number. Section 2-6-2 Number of Signatures A. The total number of electors qualified to vote at the last Town election, whether regular or special, immediately preceding the date upon which any initiative petition is filed, shall be the basis for computing the number of signatures of qualified electors of the Town required to file an initiative petition. B. The basis for computing the number of signatures of qualified electors of the Town required to file a referendum petition shall be as determined by state law. Fountain Hills Town Code 1849497.5 Page 12 of 19 Section 2-6-3 Time of Filing A. Initiative petitions shall be filed at least 120 days prior to the election at which they are to be voted upon. B. Referendum petitions shall be filed within the time period set forth in ARIZ. REV. STAT. § 19-142, as amended. Section 2-6-4 Sample Ballots and Publicity Pamphlets The following procedures relating to sample ballots and publicity pamphlets are hereby adopted for conducting elections at which an initiative or referendum is to be voted upon: A. A publicity pamphlet, containing the entire text of the official ballot, shall be mailed by the Town Clerk to each household within the Town in which a registered voter resides, not less than the minimum number of days prior to the election to which the sample ballot pertains, as required by state law. B. The pamphlet shall contain the proposition as it will appear on the ballot together with a summary of each proposition. Each summary shall be followed by any arguments supporting the proposition followed by any arguments opposing the proposition. Arguments submitted by the person filing the initiative or referendum shall appear first. The remaining arguments shall be placed in the order in which they were filed. C. Arguments supporting and opposing propositions appearing on the ballot shall be filed with the office of the Town Clerk by 5:00 p.m. not less than the minimum number of days prior to the election at which the propositions are to be voted upon, as required by state law. If time does not permit compliance with the deadline, the Town Clerk may establish a separate deadline for filing referendum ballot arguments. Arguments supporting or opposing propositions appearing on the ballot shall meet the following requirements: 1. Arguments must relate to the propositions proposed by initiati ve or referred by referendum which will appear on the ballot. 2. Arguments must identify the proposition to which they refer and indicate whether the argument is in support of or in opposition to the proposition. 3. Arguments may not exceed three hundred words in length. 4. Arguments must contain the original notarized signature of each person sponsoring it. Arguments submitted by organizations shall be signed by two executive officers of the organization, or if the argument is sponsored by a political committee it must be signed by the committee's chairman or treasurer. All persons signing documents shall indicate their residence or post office address and a telephone number, which information shall not appear in the publicity pamphlet. 5. No person or organization shall submit more than one argument for each proposition to be voted upon. Fountain Hills Town Code 1849497.5 Page 13 of 19 6. Each argument shall be accompanied by a payment in the amount established by the Council, either as part of the Town’s annual budget or by separate resolution, to offset proportional costs of printing. This requirement shall not be waived on any account. (11-07, Amended, 01/20/2011) Section 2-6-5 Mail Ballot Election The Town Clerk shall conduct all initiative and referendum elections, whether on the date of primary, general or special election, exclusively using mail ballots in accordance with ARIZ. REV. STAT. § 16-409, as amended. (11-07, Added, 01/20/2011) Fountain Hills Town Code 1849497.5 Page 14 of 19 Article 2-7 PLANNING AND ZONING COMMISSION Sections: 2-7-1 Creation 2-7-2 Membership 2-7-3 Officers 2-7-4 Duties 2-7-5 Meetings; Rules; Minutes 2-7-6 Conduct of Business 2-7-7 Fees Section 2-7-1 Creation The Planning and Zoning Commission of the Town of Fountain Hills is hereby established. Section 2-7-2 Membership A. The Planning and Zoning Commission shall be composed of a total of seven members who shall be residents of the town. The members of the Commission shall be appointed by the Mayor, subject to the approval of the Council. These appointments shall be for a period of two years each, with the terms of members staggered such that the terms of no more than four members shall expire in any one year. All members shall be appointed for full two year terms, except that in the event of death or resignation of a member, the vacancy may be fil led for the unexpired term. The terms of all members shall extend until their successors are appointed and qualified. Members shall serve at the will and pleasure of the Council. However, three successive unexcused or unexplained absences from any regular or special meeting shall result in automatic removal without the necessity of a hearing or notice and such action shall be final. B. All members shall serve without pay. However, members of said Commission may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the Commission and approval of such expenditures by the Council. (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-3 Officers The Commission shall elect a chair and vice-chair from among its own members, who shall serve for one year and until their successors are elected and qualified. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The vice - chair shall perform the duties of the chair in the chair's absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election. (Ordinance 06-30, Amended, 12/07/2006) Fountain Hills Town Code 1849497.5 Page 15 of 19 Section 2-7-4 Duties It shall be the duty of the Commission: 1. To formulate and administer any lawful plan duly adopted by the Council for growth and development. 2. To make or cause to be made a continuous study of the best and future use to which land and buildings shall be put within the Town of Fountain Hills. 3. To recommend to the Council revisions in such plans that, in the opinion of the Commission, are in the best interest of the citizens of the Town of Fountain Hills. 4. To hold public hearings when necessary or when required by law. 5. To make recommendations to the Council on all matters concerning or relating to the creation of Zoning Ordinances, the boundaries thereof, the appropriate regulations to be enforced therein, and amendments of the Town of Fountain Hills Zoning Ordinance. 6. To carry out the specific duties as prescribed by this Code and the Town of Fountain Hills Zoning Ordinance. 7. To undertake all activities usually associated therewith and commonly known as "planning and zoning;" provided, however, that Commission members shall not interfere with, or participate in, the administrative duties of the Town's Planning and Zoning Division. 8. To confer and advise with other town, county, regional, or state planning agencies and commissions. (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-5 Meetings; Rules; Minutes All meetings of the Commission shall be open to the public in accordance with state law. The Council shall provide rules of procedure for the Commission relating to the conduct of its members and its meetings. The minutes of all Commission proceedings shall be filed in the office of the Town Clerk. (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-6 Conduct of Business Four members shall constitute a quorum. The affirmative vote of a majority of a quorum shall be required for passage of any matter before the Commission. In this connection, the minutes of the meetings shall reflect the "ayes" and "nays" cast on a particular measure and shall reflect the vote of each member present. A member may abstain from voting only upon a declaration that he or she has a conflict of interest, in which case such member shall take no part in the deliberations on the matter in question. (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-7 Fees The Council shall be authorized to establish a uniform schedule of fees for services relating to Planning and Zoning, either as part of its adoption of the Town's annual budget or by separate resolution. Fountain Hills Town Code 1849497.5 Page 16 of 19 (Ordinance 06-30, Amended, 12/07/2006) Article 2-8 BOARD OF ADJUSTMENT Sections: 2-8-1 Creation 2-8-2 Membership 2-8-3 Officers 2-8-4 Duties 2-8-5 Nonconforming Use 2-8-6 Variances 2-8-7 Limitation of Authority 2-8-8 Appeals 2-8-9 Filing Fees for Appeals 2-8-10 Meetings 2-8-11 Conduct of Business Section 2-8-1 Creation The Board of Adjustment of the Town of Fountain Hills is hereby established. Section 2-8-2 Membership A. The Board of Adjustment shall be composed of a total of five members who shall be residents of the Town. The members of the Board shall be appointed by the Mayor, subject to the approval of the Council. These appointments shall be for a period of two years each, with the terms of members staggered such that the terms of no more than three members shall expire in any one year. All members shall be appointed for full two year terms, except that in the event of death or resignation of a member, the vacancy may be filled for the unexpired term. The term of all members shall extend until their successors are appointed and qualified. Members shall serve at the will and pleasure of the Council. However, three successive unexcused or unexplained absences from any regular or special meeting shall result in automatic removal without the necessity of a hearing or notice and such action shall be final. B. All members shall serve without pay. However, members of said Board may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the Board and approval of such expenditures by the Council. (Ordinance 06-30, Amended, 12/07/2006) Section 2-8-3 Officers The Board shall elect a chair and vice-chair from among its own members, who shall serve for one year and until their successors are elected and qualified. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The chair shall have the power to administer oaths and to take evidence. The vice-chair shall perform the duties of the chair in the chair's absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election. Fountain Hills Town Code 1849497.5 Page 17 of 19 Section 2-8-4 Duties A. It shall be the duty of the Board of Adjustment to hear appeals concerning the interpretation or administration of the zoning code made by the zoning administrator. The Board may reverse, affirm, wholly or partially or modify the order, requirement or decision of the zoning administrator appealed from, and make such order, requirement, decision or determination as necessary. B. It shall be the duty of the Board of Adjustment to hear and decide appeals for variances from the terms of the zoning code only, if because of special circumstances applicable to the subject property, including its size, shape, topography, location or surroundings, the strict application of the zoning code will deprive such property owner of privileges enjoyed by owners of other property of the same classification in the zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. C. The Board of Adjustment may not: 1. Make any changes in the uses permitted in any zoning classification or zoning district, make any changes in the terms of the zoning code or make changes to the zoning map; provided the restriction in this paragraph shall not affect the authority to grant variances pursuant to this Article. 2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner. Section 2-8-5 Nonconforming Use No nonconforming use or violations of this Article with respect to neighboring lands, structures or buildings in the same zoning district, and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for granting a variance. Section 2-8-6 Variances Every variance shall be personal to the applicant and shall run with the land only after completion of any structure or structures authorized thereby. Section 2-8-7 Limitation of Authority Nothing herein contained shall be construed to empower the Board to authorize uses which violate any other Town code or ordinance, to effect changes in the zoning map or to add to or change the uses permitted in any zoning district. Section 2-8-8 Appeals The decision of the Board shall be final; provided, however, that any person aggrieved by a decision of Fountain Hills Town Code 1849497.5 Page 18 of 19 the Board may, at any time within 30 days after the filing of the decision in the office of the Development Services Department, file a special action in the nature of certiorari with the Arizona Superior Court in and for Maricopa County for review of the Board's decision. Allowance of the writ shall not stay proceedings upon the decision appealed from, unless the court shall grant a restraining order. If a special action is brought for review of a matter in which the Board held a hearing which was not stenographically or electronically recorded, then upon request of any party to the special action or the court, the Board shall forthwith notice a hearing as herein provided for the purpose of causing a stenographic or electronic record to be made of the evidence presented by the parties. If evidence is presented at this hearing which is new or different from that originally presented, the same shall be noted in the record by the Board chair. Section 2-8-9 Filing Fees for Appeals A. Upon filing an application for appeal, the appellant shall pay a filing fee in an amount established by a schedule adopted by the Council as part of the Town's annual budget or by separate resolution. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the petitioner is a town, city, county, state or federal government. B. In the case of an appeal for a variance to more than one provision of the zoning code, the filing fee shall equal the total amount chargeable for all provisions as prescribed by the fee schedule. (Ordinance 06-30, Amended, 12/07/2006) Section 2-8-10 Meetings The Board shall provide in its rules for its meetings; provided, however, that special meetings may be called by the chair, or in his or her absence the vice-chair. In addition, any three members of the Board may make written request to the chair of the Board for a special meeting and in the event such meeting is not called, such members may call a special meeting in such manner and form as may be provided in the Board rules. Section 2-8-11 Conduct of Business Three members shall constitute a quorum. The affirmative vote of a majority of a quorum shall be required for passage of any matter before the Board. In this connection, the minutes of the meetings shall reflect the "ayes" and "nays" cast on a particular measure and shall reflect the vote of each member present. A member may abstain from voting only upon a declaration that he or she has a statutory conflict of interest, in which case such member shall take no part in the deliberations on the matter in question. Fountain Hills Town Code 1849497.5 Page 19 of 19 Article 2-9 QUALIFIED ELECTORS AND PETITION CIRCULATORS Sections: 2-9-1 Qualified electors; definition 2-9-2 Petition circulators Section 2-9-1 Qualified electors; definition A. Every resident of the Town is qualified to register and vote in Town elections if he: 1. Is a citizen of the United States; 2. Will be eighteen (18) years of age or more on or before the date of the next Town election following registration; 3. Will have been a resident of the Town 29 days next preceding the date of the next Town election; 4. Is able to write his or her name, or make a mark, unless prevented from doing so by physical disability; 5. Has not been convicted of treason or a felony, unless restored to civil rights; and 6. Has not been adjudicated an incapacitated person as defined by ARIZ. REV. STAT. § 14-5101, or its successor statute. B. For the purposes of this Article, "resident" means an individual who has actual physical presence in the Town, combined with an intent to remain. A temporary absence shall not result in a loss of residence if the individual has intent to return following his or her absence. An individual has only one residence for purposes of this Article. (98-33, Added, 12/03/1998) Section 2-9-2 Petition circulators All circulators of nomination petitions for Mayor or Councilmember and all circulators of recall, referenda or initiative petitions or petitions for other measures, shall be qualified to register to vote in this State. Pursuant to ARIZ. REV. STAT. § 16-315, as amended, if the petition circulator is not a resident of the State, the petition circulator shall register as a circulator with the Secretary of State before circulating the petition. (98-33, Added, 12/03/1998)