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Home My WebLink About2001.0301.TCREM.Packet rfAIN 141% NOTICE OF REGULAR AND EXECUTIVE 0 SESSION OF THE "1 a tis � FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman McNeill Councilwoman Hutcheson Vice Mayor Wyman Councilman Kavanagh Councilwoman Fraverd Councilwoman Ralphe WHEN: THURSDAY, MARCH 1, 2001 TIME: 5:30 P.M. (THE COUNCIL WILL BE IN EXECUTIVE SESSION FROM 5:30 P.M. TO 6:30 P.M. THE REGULAR SESSION WILL BEGIN PROMPTLY AT 6:30 P.M.) WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please adhere to the following rules of order if you wish to speak: 1.) All citizens wishing to speak must first be recognized by the Mayor. 2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3.) Please stand,approach the microphone and state your name and address after being called on to speak. 4.) All comments must be directed to the Mayor. 5.) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6.) Statements should not be repetitive. 7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER—Mayor Morgan • ROLL CALL 1.) Pursuant to A.R.S. §38-431.03.A.4 AND A.R.S. 38-431.03.A.7, VOTE TO GO INTO EXECUTIVE SESSION for: discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation; specifically Town of Fountain Hills v. MCO Properties (Eminent Domain); MCO Properties v. Town of Fountain Hills (Litigation regarding the Subdivision Ordinance); and contemplated litigation for recovery of investment funds; AND for discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the lease of real property--current Town Hall complex, (law respectively. 2.) RETURN TO REGULAR SESSION Town Council Meeting Agenda Regular Session March 1,2001 • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG (kw • INVOCATION—Pastor Scott Van Lanken—Fountain Hills Assembly of God Church • ROLL CALL Consent Agenda: All items listed with an asterisk(*)are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda,they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. *1.) Consideration of APPROVING THE MEETING MINUTES of February 15, 2001. *2.) Consideration of AWARDING THE BID for replacement of the power service panel in Town Hall Building B to D&D Electric in the amount of$26,450. This panel replacement is phase one of the UPS (uninterrupted power supply) installation project required to complete Building B's status as the Town's emergency operation center. *3.) Consideration of RESOLUTION 2001-11 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the easterly property line, retaining the southwesterly 20' of the easterly 10' public utility and drainage easements for existing and potential future utility boxes, of Plat 212,Block 14,Lot 23 (14405 Drury Lane) as recorded in Book 141 of Maps, Page 17 records of Maricopa County,Arizona. (William Barnett)EA00-36 *4.) Consideration of a PRELIMINARY AND FINAL PLAT for the 2-unit Arroyo Vista Condominiums No. 2, located at 16509 E. Arroyo Vista Drive on .257 acres,Case Number S2001-01. 5.) Consideration of REAPPOINTING three citizens to the Board of Adjustment for two year terms. 6.) UPDATE on the Town's $2.1 million investment including a progress report on the Town's efforts to recover the funds. 7.) UPDATE on Cox Communications and their activities by Ivan Johnson and Steve Wright. 8.) PUBLIC HEARING to receive testimony on an application to permit a 25 ft. golf ball fence as a Special Use in the "R1-10 RUPD" zoning district, proposed for 16850 E. Nicklaus Drive, aka Final Plat 401B, Block 6,Lot 42,Case Number SU2000-04. 9.) Consideration of a SPECIAL USE PERMIT APPLICATION for a 25 ft. golf ball fence in the "R1-10 RUPD" zoning district at 16850 E. Nicklaus Drive, aka Final Plat 401B, Block 6, Lot 42, Case Number SU2000-04. 10.) PUBLIC HEARING to receive testimony on an application to permit a 25 ft. golf ball fence as a Special Use in the "R1-10 RUPD" zoning district, proposed for Parcel "D", Final Plat 401B, aka a portion of the southern boundary of the Desert Canyon Golf Course driving range, along Nicklaus Drive, Case Number SU2000-05. 11.) Consideration of an APPLICATION to permit a 25 ft. golf ball fence as a Special Use in the "R1-10 RUPD" zoning district, proposed for Parcel "D", Final Plat 401B, aka a portion of the southern boundary of the Desert Canyon Golf Course driving range, along Nicklaus Drive, Case Number SU2000-05. 12.) PUBLIC HEARING to receive testimony on an application to permit a 25 ft. golf ball fence as a Special (rige Use in the "R1-10 RUPD" zoning district, proposed for 10822 N. Indian Wells Drive, aka Final Plat 401A,Block 8,Lot 3,Case Number SU2001-01. Town of Fountain Hills Page 2 of 3 Last printed 02/28/01 10:22 AM Town Council Meeting Agenda Regular Session March 1,2001 13.) Consideration of a SPECIAL USE APPLICATION to permit a 25 ft. golf ball fence in the "R1-10 RUPD"zoning district located at 10822 N. Indian Wells Drive, aka Final Plat 401A, Block 8, Lot 3, Case tiliw Number SU2001-01. 14.) PUBLIC HEARING to receive comments on a proposed Special Use Permit for a wireless communications facility at La Vida Buena Condominiums, located at 16263 E. Chiquita Drive, Case Number SU2000-09. 15.) Consideration of a SPECIAL USE PERMIT for a wireless communications facility at La Vida Buena Condominiums, located at 16263 E. Chiquita Drive,Case Number SU2000-09. 16.) DISCUSSION AND POSSIBLE ACTION REGARDING MONUMENT SIGNS for the Crestview Subdivision at Palisades and Shea. Discussion will include a possible amendment to the Development Agreement,possible abandonment of public right of way and a presentation by MCO of a signage plan. 17.) Consideration of ORDINANCE 01-08 amending Section 7-1-2, Conformance to Zoning Ordinance of the Fountain Hills Town Code. 18.) Consideration of the PROPOSAL FOR PROFESSIONAL SERVICES submitted by Lou Reiter and Associates in the amount of$35,600 to conduct a law enforcement agency study for the Town of Fountain Hills. 19.) CALL TO THE PUBLIC. Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is"subject to reasonable time,space and manner restrictions"and the Council will not discuss or (ii take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public,individual Council members may respond to criticism,ask staff to review a matter or ask that a matter be put on a future agenda. 20.) ADJOURNMENT. DATED this 28th day of February,2001 64.4_,:til )016.4.1 Cassie B.Hansen,Director of Administration/Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003(voice)or 1-800-367- 8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. L Town of Fountain Hills Page 3 of 3 Last printed 02/28/01 10:22 AM MEMORANDUM L TO: THE HONORABLE MAYOR AND TO CO FROM: PAUL L. NORDIN, TOWN MANAGER DATE: FEBRUARY 23, 2001 RE: MANAGER'S REPORT FOR THE MARCH 1st COUNCIL MEETING REMINDERS: An Executive Session is scheduled to immediately precede the Thursday's regular meeting at 5:30 p.m. in the Jury Room. The Council meeting will immediately follow at 6:30 p.m. in Council Chambers. There are four public hearings on this agenda. (kw I will be out of the office on Friday, March 2nd, for some medical testing. As always, should you require assistance, please contact Sue or Cassie. PLEASE NOTE! POSSIBLE ADDITIONAL AGENDA ITEM: Our engineering staff has been working on a plan to remove the remaining sediment from Fountain Park. They have requested contractors'quotations for this work. If we receive these quotations back prior to the Council meeting, we will add a bid award item to this agenda. We anticipate the amount to be less than $30,000. If the amount is less than $20,000, I will award the bid and Council does not have to act on it. If the amount is more than $20,000, this item will then be placed on the agenda for Council approval. CONSENT AGENDA: There are five items on the consent agenda. Please review each item and contact me should you determine any should be removed. (lbw Manager's Report March 1,2001 Council Meeting Page 1 of 4 AGENDA ITEM#6 - REAPPOINTMENT OF THREE MEMBERS TO THE (by BOARD OF ADJUSTMENT: Three of the five Board of Adjustment members' terms expired on January 31st. After four weeks of advertising, we have received no additional applications. The three incumbents would each like to be re-considered for another two-year term. Attached please find Joan's memo and their applications for your review. AGENDA ITEM#7 - UPDATE ON TOWN'S $2.1 MILLION INVESTMENT: Bill Farrell and I gave the Town Council an update on our PG&E commercial paper situation at the last council meeting. At that time, we were directed to report back to the Council on the following items: 1) Limiting future financial risk by directing the Trustee to limit investments to other vehicles: We accomplished this in part, with the demand letter that Chet Yon and I sent to BNY last week. In addition, I am following up with even more specific instructions to BNY. 2) Investigating the possibility of investing our funds only in securities completely backed by the credit of the U.S. Government: Lie Please see Julie Ghetti's enclosed memo. I do recommend that for the foreseeable future, I be directed to invest our idle funds only in federally insured financial investments. 3) Finally, we were asked to report to the Town Council concerning the "business to business" procedures that Mr. Farrell had discussed last week. After consulting with Scot Ruby and Bill Farrell, we have written the February 16th demand letter stating a 10-day deadline. If this attempt proves unsuccessful, within two weeks after the expiration of this deadline, it is our intention to file legal action against BNY and possibly Merrill Lynch. AGENDA ITEM#8 - UPDATE FROM COX COMMUNICATIONS: Last month, I had the opportunity to meet with representatives from Cox Communications and discuss a variety of issues affecting Fountain Hills. Ivan Johnson, Vice-President, and Steve Wright, Government Affairs Manager, will update the Council on local cable activities and future goals. They will be pleased to answer any questions you may have. There is no report attached for this item. (kw Town Manager's Report March 1,2001 Council Meeting Page 2 of 4 AGENDA ITEMS #9 &#10 - PUBLIC HEARING/SPECIAL USE PERMIT/ GOLF BALL FENCE/16850 E.NICKLAUS DRIVE: The first public hearing is scheduled to receive comments concerning Mr. and Mrs. Lueders' request to construct a golf fence at their residence on 16850 E. Nicklaus Drive. After hearing from the public, Council will consider approval of the special use permit. The Planning and Zoning Commission unanimously recommended approval, with stipulations. Staff has also recommended approval. Dana's memo is attached. AGENDA ITEMS# 11 &# 12 - PUBLIC HEARING/SPECIAL USE PERMIT/ GOLF BALL FENCE/DESERT CANYON GOLF COURSE: The second public hearing will discuss Desert Canyon Golf Course's special use application for a golf ball fence along the driving range. The Planning and Zoning Commission unanimously recommended denial of this request, with the concern that this will "open the door" to allow golf ball nets along public rights of way. Staff recommended approval to protect the health, safety, and welfare of the people traveling along Nicklaus Drive. Mark Iacovangelo, Town Prosecutor, will be present to discuss any litigation questions that arise. Dana's report is enclosed. AGENDA ITEMS# 13 &# 14 - PUBLIC HEARING/SPECIAL USE PERMIT/ GOLF BALL FENCE/10822 N. INDIAN WELLS DRIVE: (lioe Another public hearing is scheduled to gather comments regarding a golf ball fence application from Jean Schrader for the property located at 10822 N. Indian Wells Drive. The Town, to date, has not received indication of public opposition. Therefore, the Planning and Zoning Commission unanimously recommended approval, as well as Town staff, with a stipulation. Please see Dana's attached memo. AGENDA ITEMS# 15 &# 16 - PUBLIC HEARING/SPECIAL USE PERMIT/ WIRELESS FACILITY/LA VIDA BUENA CONDOMINIUMS: This final public hearing will allow input regarding the proposed wireless communication facility to be located within the La Vida Buena Condominiums at 16263 East Chiquita Drive. The applicant, Sprint PCS, has requested to construct a new equipment shelter and to replace the existing flagpole with a new flagpole containing stealth antennas. The Planning and Zoning Commission and Town staff have both recommended approval, with stipulations. Jesse's report is attached. (kw Town Manager's Report March 1,2001 Council Meeting Page 3 of 4 AGENDA ITEM# 17 - ORDINANCE 01-08/AMENDMENT TO THE TOWN (10w CODE: Council will consider amending the Town Code to adopt procedural regulations relating to the extension of permit applications and approved building permits when projects are not consistent with newly-modified zoning ordinance modifications. The Planning and Zoning Commission voted unanimously to approve this ordinance. Staff also recommends approval. Please see Jeff s memo. AGENDA ITEM# 18 - LAW ENFORCEMENT CONSULTING BID: I have been working with Mr. Lou Reiter, from Lou Reiter and Associates, a law enforcement services consultant, to develop an appropriate law enforcement proposal for Town Council's consideration. Copies of Mr. Reiter's proposal and scope of work were previously distributed to you. Bill and I both reviewed this proposal and recommend approval. The proposed contract amount is $35,600. If approved, the work is expected to be complete by June 1st. L Town Manager's Report March 1,2001 Council Meeting Page 4 of 4 February 28, 2001 (1111w Interoffice Memo , , .., .. . , . To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO Date: 02/28/01 Re: CHANGES TO THE 3/1/01 COUNCIL AGENDA In this mini-packet, you will find a revised, "colorful" agenda and some additional documentation for to . _ - r<0 ! � .1, -ting.- a The changes include the following: , TION,O , L _. AG - . ® M #4— BID AWARD FOR A TRAFFIC SIGNAL: N g, ,' i %it n was ° `oved fromagenda due to a potential irregularity in the low bid. Please see a .. en2cL ose• On r Rai y. 4 0 ,, wr-z:%,,,:r.,-,-,::,.. t .,14 „,„ 1...";,44,,r,,71. 1.4 ,,,,,),J, :'''t ,, fNEWAGENDAE 16MONUMENT SIGNS FOR THE CRESTVIEW SUBDIVISION °w JMr is mm Farrell -,preparing-a mefregarding this item and will get it to the Council prior to the meetrd ,i ` 4, 0 ti- Le Page 1 of 1 Updated Agenda Items 3/1/01 Last printed 02/28/01 1:59 PM 02/28/01 February 22, 2001 Low Interoffice Memo ., , ,,,, .,,, - - To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO Date: 02/22/01 Re: AGENDA ITEM #2—AWARD OF BID FOR POWER PANEL IN BUILDING B BID AWARD FOR THE POWER SERVICE PANEL REPLACEMENT IN BUILDING B As part of the 2000/2001 budget process, the Council approved an amount of $85,000 fora multi- phased project to install an UPS (uninterrupted power supply) in Building B. This will satisfy one of the re ' • n or Building B to qualify as the Town's emergency operations center. The. 5�e • a 4 ent of the electrical board to accommodate the power supply. The existing, c i rser iic s ., gated and insufficient to serve the auxiliary power. Facilities Supervisor` Dor T umith i s ge of this project and has completed the bidding process for the "first phase°KK (Please see,„Don'sattached memo regarding the bids.) Additional phases will include the power supply uipment, sp�'allied pad and screening wall. Appropriate bids will be brought it I. „ F �� to the Council at, later date as the process proceeds. Bids for the electrical panel were very close Ai tag D,o =b 0estimatesor his; o n of the project and he is comfortable that the project is on Ai trac o , P �r� n Ir a i f bid award to DND Electric in the amount of$26,450. Y s3 3" h mal'",,,,,,:,:.,,, liikiik aT '4t s hP.. ,..3 h i:F £, Page 1 of 1 Agenda Items 3/1/01 Last printed 02/22/01 11:10 AM 02/22/01 TOWN OF FOUNTAIN HILLS cp, MEMORANDUM TO: Honorable Mayor and Town Council FROM: Donald F. Thumith, Facilities Operations Supervisor THROUGH: Paul Nordin, Town Manager DATE: November 20, 2001 RE: Power Panel replacement in Building B, Town Hall Construction bids were opened February 16, 2001 for the replacement of a power service panel, part of the Uninterrupted Power Supply project for Town Hall at Building B. Two bids were received, as shown below. Bidder Bid D&D Electric $ 26,450.00 AJP Electric, Inc. $ 29,800.00 Notice inviting bids were published locally and valley wide, we utilized two construction data base companies that distribute notice inviting bids statewide. As a result three packets were picked up, with two bids presented. D&D Electric presented the low bid, the Town has awarded several contracts to D&D in the past with good results and an excellent working relationship. Staff recommends the project be awarded to D&D Electric. Cc: Cassie Hansen Bill Farrell L TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Jesse Drake, Senior Planner Jb DATE: February 23, 2001 SUBJECT: Preliminary Plat and Final Plat for"Arroyo Vista Condominiums 2", a two unit condominium project. Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. The plat is a request by Phil Gaziano and Carol Gaziano, which would condominiumize two units located at 16509 East Arroyo Vista Drive, aka Lot 9, Block 7, Final Plat 206. Please refer to the attached Planning and Zoning Commission and Staff report for additional details regarding this request. Lir TOWN OF FOUNTAIN HILLS (11, PLANNING AND ZONING COMMISSION AND STAFF REPORT March 1, 2001 CASE NO: S2001-01 PROJECT MANAGER: Jesse Drake LOCATION: 16509 East Arroyo Vista Drive, aka Lot 9, Block 7, Final Plat 206. REQUEST: Consider the Preliminary Plat for "Arroyo Vista Condominiums 2", a two unit condominium project. DESCRIPTION: OWNER: Phillip Gaziano and Carol Gaziano APPLICANT: Phillip Gaziano and Carol Gaziano EXISTING ZONING: R-2 EXISTING CONDITION: Existing two-unit complex LOT SIZE: 11,189 square feet (0.26) acres) SURROUNDING LAND USES AND ZONING: NORTH: Vacant land, zoned R-2 SOUTH: Existing single family residence, zoned R-2 EAST: Vacant land, zoned R-2 WEST: Vacant land, zoned R-2 (lbw SUMMARY: This request is for approval of the Preliminary Plat "The Arroyo Vista Condominiums 2" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of the request and the fact that this project does not involve any off-site public improvements, a"fast track" process is being allowed. The owners, Phillip Gaziano and Carol Gaziano, have chosen to convert a two-unit complex, and record a Declaration of Condominium to sell the units Individually. The units will have a maximum livable area of 2,134 square feet, and a minimum livable area of 1,984 square feet. Each unit has a covered patio, a double car garage. The duplex unit was approved for a building permit by Maricopa County, building permit number 86- 1996. RECOMMENDATION: Planning and Zoning Commission made a recommendation for approval of the Preliminary Plat S2001-01; "The Arroyo Vista Condominiums 2" on February 22, 2001, staff recommends approval of S2001-01; Preliminary Plat "The Arroyo Vista Condominiums 2". L i,StINiale. - ' 4° dilt I,i TOWN OF FOUNTAIN HILLS tip: COMMUNITY DEVELOPMENT DEPARTMENT R w a f .:. #'•^t Rwi•>'eti:.ra K....sar..ti:. At C i::H:E '.?raw ITON..'-'.:'i‘r-1,1'.,':',- 'st ' ?,-1,• Date Filed Fee Paid _. Accepted By ,1VA. 12 Poo/ yes 07 6- Condominium Nate five /1eiuyo I/1ir4 eAt/A0 411.4//am s O. Condominium Address /45-D 9 E. A'ro o /hs At. p r• a rya.•Ain bias Z. 5- 11` Legal Description of Lot/Parcdl Being Platted Plat .Qlj Block 7 Lot(s) 9 Parcel Size � ) Number of Units it // in s • > 6. i57Accves Number of Tra�ts A44 . te — Zoning Generaltg- Plan Land Use Designation At bli° - îi/y lees t I9J, /0L l Density Requested(DwellingUhits Per Acre) 7. ' 1 fs Ac.re _ Applican Day Phone Gpa — f*/ ilfr 4 fp 1 4 4 Z•4 MO Address y7 y4 ff %beCity ST Zip '9Yi k; i t rt ')l*ire Pr;me �►�,mg A'/4 fra 41'3,47 Owner Day Phone S'.mt 4 P 4 /ieS Address City ST Zip Attachments(Please list) CG rit1i IA p/, I keArtr Pre,,e.dA/t'I!A l Ortie S ree y ' nature of Owner . I HERBY AUTHORIZE (Please Print) Date "is&Xge,1 +441 CaBORCIA • earcle,NiNZ TO FILE THIS APPLICATION. aLk. /0 .10/ Subscribed and sworn before me this day of 19 My Commission Expires Notary Public co' (Seal) TFH Case Number Fee Schedule Attached C9-001,0/ c. el ` • -1 r :Ids �_ za � Q � a oc F„ Z vs CV 'aZ y eeteet. i ,., ri, L c° 1-I° li 1 c= 4.c. iklOil go,. ... ; I !oda 1 ptewiii 1 II T .16:44., I 1_ cc zca t . 4 OIL. Lija3 EciLLIV) 2 ii i I II :1 " I .. 1 iiii II .,._t, ;, ; i _ a li 1 ' .- ' tt'A I 1. 05 be - i id 0 ch I I, = = 8 i a 1 lini pi II I I IIIII 11 t lit g .).-14 -1-:: frAWIlfi I I= sj. 0 ni pi! �' s y iiiii < o us. Z i MI a < N � r g Jui 1_ z r r- 0c < O � m aLL 0 1 � 1 F— 10 0 J id- I 1 1 . gu CO.! I. spI WI4'E Ali 11].l6L _7A --.- - 0 ______.:2",1,_ 7 4— r---:- —-:•-•- ....:-_-_,_...-------. _ N --- �- 1 _ Iiim 1 i t_. I N I j is . I. I I 1 1 I v - I ;r 0 i: il 4 'it 14 ot L 10 t. 1 1 - `. ---_--� - , —�� COCK*SWCI.k, t o 1 LGL r1,00,^YON Wa 00 I 1 I. 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NIx f 3 1 I '� II 0 o r I I 04 1 li S(kW - • III .1g-,, ,x�' 1 I�mm� 1 I I I V i \ 1 \ a V E 1 AI I —J0.00 Iy{l�iy 1 >g it . j,! m 11MO \ g \ i g-- A a Q I mouill coicwit --L-J''— mi • 0 131 . % ' II 1 I 00 I I' W ; I n > 11 I o 2 1 I J 0 Q I aZ i � 1 i 0 1 yN cc Oa OJ L0 J cc_ a z W Q I- OZ o)z N� O 2 Town of Fountain Hills Ft y Community Development Department k 5 Y r `+ .24' To: Honorable Mayor and Common Council From: Joan Blankenship, Planning Technici ' Date: 02/23/01 Re: Board of Adjustment • • ■ • ■ • NI • ■ • II • ■ • ■ • ■ • ■ • If • ■ • / • I ■ The terms of three of the Board of Adjustment members expired on January 31, 2001. The advertisement requesting applications to the Board ran in The Times for 4 weeks. During that time, I received no telephone calls, letters, emails or personal inquiries regarding the open positions on the Board, nor did I receive any requests for applications. (Itiv The three incumbents have stated that they wish to be considered for another 2-year term. I have attached their reactivated applications for your review. Lir •Page 1 L TOWN OF FOUNTAIN HILLS BACKGROUND AND PERSONAL DATA OUTLINE APPOINTMENT TO COMMISSIONS AND BOARDS COMMISSION OR BOARD IN WHICH INTERESTED: .2,Aez) E2c iiiraf77f,>&17- zzlerx- 2-.56 -4 777' NAME:e,4i-f 116L , AJ&V /.-.S-o../ PHONE e- '- 6/..535 nFT5 a /may 93 ADDRESS: 46e7.se f745"7 / 0A/I- r4(i i4Lz., X4 f'5-26 9 ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS : YES CID noaciy 70, lov..rai r/,yzi-6 PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND: 9:ZA3 ( Including colleges attended and degrees obtained if any) _ 73/ar3 - Sz1/c i 44'o' 0 — 23/ r r/� 4 c/,[L.. Liil//,,,e .e A (by 9e,4JV475- (",' - ERE S ENTLY EMPLOYED BY: 7E/jJi 1J/L.7 iot /�, , .9-.V j ke, JOB TITLE: i7A/14TM- PHONE: £3 `4777 BUSINESS ADDRESS : `-j'6D gs �/,, ,e/Aix, 1 / ,D /ix Jf7Z CURRENT ORGANIZATIONAL MEMBERSHIP & OFFICES HELD: Algt-1156--Z - Aedzakhd .......19er7 Diz' ,12 -,..44/e2A.446- .&;<IG ixi6" ,/2., /-f ti1-4F-- - Al47?DA41L D/'/ DA 7_i>e , A/44- L %(/E 'L� PAST ORGANIZATIONAL MEMBERSHIP & OFFICES HELD: A77/ ac e,� / 4 iJ2AW/Lfr Aa-in )...s%vid /fgo—/M7 ge_seeit,_--- O,e-ic6e - ,e4.2.0.t 6- r/ ,,Qi eJ'✓,.9' DATE: /f/A3 SIGNATURE �r�/ ��.ie�'! _._r0--U L QUESTIONS FOR BOARD OF ADJUSTMENT APPLICANTS (Please use additional lines on last page or add additional pages if necessary.) Following is a hypothetical case regarding an application for a variance. Jean Benefactor who consistently makes large charitable contributions to your town wants to build her dream home on a lot she recently purchased in the most exclusive residential neighborhood. This neighborhood was almost entirely built- out in the 1970's except for a few remaining vacant lots. A new zoning ordinance was adopted for our town in the early 1990's which changed the setback requirements and height limit applicable to Jean Benefactor's neighborhood. Approximately 60% of the existing older homes do not conform to the new setback and height restrictions. Jean Benefactor wants a variance so that she can build in conformance with the old setback requirements as 60% of her neighbors did. Jean Benefactor also wants a height variance so that she can have additional sleeping quarters for many orphans she cares for. The following issues arise at the Board of Adjustment hearing: 1. Assuming Jean's lot and her neighbors' lots are similar, would you vote to grant the setback variance? Please explain. hi A-Ai A- cs - A Ai..�1.1©v... 77 E 7 )c. 1,e-o106 77c5 6 .vz� O /,t,1,7�, /)461/49-(45 ,oz..D,A%d , .-� topen,b A- r/A-rt/41v cc ZA6 Aig-(6/125e7/'.4dg9,6 j lPU r- D,Cl JI . i 844-d / /tv LV&- A .. l64'7 k/cot2) vzifiAr a, 2. Will the fact that Jean is performing a tremendous public service justify the height variance? Why or why not? /.(.4c2-U eK)G&' 2316- A P-Ac-7 0e._ 7 7 ---0 -4/cuD,v d20 ,4 r _ 3. There are a number of lots, due to their topography, that are much more expensive to build on when conformance to the strict terms of the Code is enforced. Do you believe that economics should be a factor in considering a variance? If so, to what degree? /do - 4. Some people desire to build their "dream home" in Fountain Hills but cannot afford a lot large enough for the house to conform to the minimum setback requirements. Should we grant variances so we can have the growth and income in our community? /a f H4LIStJ4 � e- 7 D4./G AIL ��1�d N`fil� Res v � CA-Li CA,m —v,1r<6 714WAe i4 f ut40fC'X1--, 774 492aors /o-e-, L 5. A resident has applied to the Committee of Architecture to build an addition onto their home which would encroach into the rear yard setback area as established in both the restrictive covenants and the Zoning Ordinance. The Committee of Architecture approved a variance from the restrictive covenants and the resident applies for a variance from the Zoning Ordinance. None of the neighbors object, but no special circumstances exist. The resident wants the addition to serve as a storage room and a bathroom for the swimming pool. The Zoning Ordinance allows the resident to build a detached building to accomplish his needs, but they agree that the detached building is much less desirable and less aesthetically pleasing than the addition. Should a variance be granted because there is not objection and the proposal is more aesthetically pleasing than the limits of other parts of the Code will allow? Please explain. ` t6X i1��.c l73 f7' 7716 Al.�/1 R s'.o 6 , '-A14 A/O O,t J& 77vcJ Att26 i ,e_S 4.0 co, Fob' 77.7-6 �o,ra,�-�,1 � D/iAupirr-crvrzeP V6t.) (11w 6. Our current Code regulates development of hillsides. A number of people build large homes and change the grade to nearly the maximum extent possible in setting their homes. After they are in their home, they desire to do further grading to install a swimming pool with an accessory cool deck and patio. This further grading will require them to go beyond the limits established in the Housing Development Standards section of the Zoning Ordinance, so they seek a variance. Do you believe that a variance should be granted to permit grading or disturbance of a hillside beyond the current limits so these people can have a swimming pool? ,c6, Z/41/ ,4-te ,23,11� /AJ G.e ; 177,E oiJ, ii,4-/rv7 Z( 7 Al -Yv/ A 4 9i a;C .c-r.�lTl I/4-red4-4) b 14.4 y 6o1-4 - -4 5- Zs 7-7 O/c 2��1? y 1 7. There are occasions when somebody seeks a variance to place a house they have had designed, that will not fit the lot, without a lot of disturbance to the natural terrain. The owner applies for a variance to encroach in a setback area to minimize expensive site disturbance. The lot is not regulated by the Hillside Development Standards and the Town Code will allow the grading necessary for the house to conform to the setback requirements. The adjoining neighbor comes to the hearing asking that the variance be granted because the desired location will allow them to continue to see the Fountain and if the variance is not granted, the applicant will be required to locate this house in a place that will obscure their view of the Fountain. Do you believe the Town should allow the applicant to save site preparation costs, help maintain the natural terrain and make the adjoining neighbors happy, by granting the variance; or would you take a stand that if site preparation costs are an issue, the house could be redesigned to better fit the lot and stay within the prescribed setback requirements, and that a variance should not be granted for view protection? Please explain. Oftrg ac1 " /Ji7ie L4flo J petit 4 J R}auLD G'o 4/4e-ems Appeevt4 Z, 79 L/giC7 r o,z.s I''17741,' /44 Az.16 Ore 7 7- pey -&-"-2-7 , 1,;_i_i_cc .,•� 1. ..'J v. ‘lam e i: ' • (--Lir....;',',t's'•-:7 / HI TOWN OF FOUNTAIN HILLS ; '.• �.\`-'i'`, . BACKGRCUND AND PERSONAL DATA OUTLINE APPOINTMENT TO COMMISSIONS AND BOARDS COMMISSION OR BOARD IN WHICH INTERESTED: Ja4, of /10 •1`S7s'`f/`'vi - <2,E� I. ' v f %" ?37 - c/a, 3 NAME.: r"� PHONE ADDRESS:- /,'C/ 9 ni/..1", LJ/f'r 1 ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS: YES NO PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND: ( Including colleges attended and degrees obtained if any) /4/.4,4 ,•v f 'Cy,r/fit.s:-r-9. en /Dec:4,e.e Sr. ✓- i v- Lc%.�.Cec:-It' Q/ 2.9i / / E,4' M' xzeee 41w •�@ o/l:.J S/ 1 E 1?/ic://,fit. ti.,t.„ C A !4f/,i'i? /0e,,f T tYGAc / 7é'/' • PRESENTLY EMPLOYED BY: ger%. .e/6 JOB TITLE: PHONE: BUSINESS ADDRESS: CURRENT ORGANIZATIONAL MEMBERSHIP & OFFICES HELD: PAST ORGANIZATIONAL MEMBERSHIP & OFFICES HELD: /1 6-feex d d;C Sol e,.EA-74.. si/3i''. ;P:4/1^•/•-/•%,f L:e1,HA4-f/SS/v.1 6,01Z D c fi R#,IX-re 4 7 /7 6 7 4 7 .1 c/ /ed%ojc E SA-I./7:E n /11/,4,/V si'.L / e,19, Tc-/QS DATE: /- /G - r-S I GNATURE fi,Pilii Le • i L TOWN OF FOUNTAIN HILLS QUESTIONS FOR BOARD OF ADJUSTMENT • Please explain and describe why you are interested in serving on the Fountain Hills Board of Adjustment . Also please describe any experience you may now, or in the past , had in serving in a role where interpretation, regulation enforcement or mitigation was involved. Finally please indicate your feelings about the land use ordinances and overall development of Fountain Hills . 7-2.ert.;/ c. -.....; 5.- 577/cr•>.E — ,��cr��►,.�n1'r�t Lei Cf/,t ,,Q « , 4!,f�'T G Afet", f fSS�'� v (600. rc,'A_ /'' / crT 4 a c.✓1v t ve 0%,.y Sr;;_ y 6.04,Tian/•� V rJ- ,,„,e�rz% y /,-r 4//9;•• ede , , Xi rc;.,<, "cf./7.40.1/4.t' �ry> •V�` �. � �� r/i��, /`fir T44 7c 5"/. ?10' 1 ›C%STD .e / i ' S J tie ('A/4Ti; QUESTIONS FOR BOARD OF ADJUSTMENT APPLICANTS (Please use additional lines on last page or add additional pages if necessary.) Following is a hypothetical case regarding an application for a variance. Jean Benefactor who consistently makes large charitable contributions to your town wants-to build her dream home on a lot she recently purchased in the most exclusive residential neighborhood. This neighborhood was almost entirely built- out in the 1970's except for a few remaining vacant lots. A new zoning ordinance was adopted for our town in the early 1990's which changed the setback requirements and height limit applicable to Jean Benefactor's neighborhood. Approximately 60% of the existing older homes do not conform to the new setback and height restrictions. Jean Benefactor wants a variance so that she can build in conformance with the old setback requirements as 60% of her neighbors did. Jean Benefactor also wants a height variance so that she can have additional sleeping quarters for many orphans she cares for. The following issues arise at the Board of Adjustment hearing: 1. Assuming Jean's lot and her neighbors' lots are similar, would you vote to grant the setback variance? Please explain. • > é5 ! fG Ai 3 Cc) r -r-ry ka Cl . 4/-AleA. Ale/ c tro.G r • 2. Will the fact that Jean is performing a tremendous public service justify the height variance? Why or why not? NO . f/rt r T VRA. /A,/ c ,eo r C'o-t, Cv.fT L 1 „ ; I� TOWN OF FOUNTAIN HILLS J7l - • lLr; .� Fes•?::hi ail(!$ BACKGROUND AND PERSONAL DATA OUTLINE . �,� "�� `' '��” .1 APPOINTMENT TO COMMISSIONS AND BOARDS �,,o) COMMISSION OR BOARD IN WHICH INTERESTED: Board of Adjustment NAME: Wi 11 i am C. ("Bill") Bl ankenshi n PHONE: R37-2690 ADDRESS: 16231 E. Kevmar Drive ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS?: YES WaX PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND: (Including colleges attended and degrees obtained, if any) Southwest Texas Junior College; South Texas Junior College; Houston Community College; and Scottsdale Community College (iv PRESENTLY EMPLOYED BY: Voorhees and Associates, Inc. JOB TITLE: Manufacturers Sales Renresentative PHONE: 837-2436 BUSINESS ADDRESS: 8776 E. Shea Blvd. , #B3A-a711, Scottsdale. AZ R5060 PHONE: 800-343-8519 CURRENT ORGANIZATIONAL MEMBERSHIPS&OFFICES HELD: None since moving to Arizona PAST ORGANIZATIONAL MEMBERSHIPS&OFFICES HELD: National Office Products Association (19985-95) Property Owners Association, Boardmember • DATE: 1/27/97 SIGNATURE: QUESTIONS FOR BOARD OF ADJUSTMENT APPLICANTS Lir Following is a hypothetical case regarding an application for a variance. Jean Benefactor who consistently makes large charitable contributions to your town wants to build her dream home on a lot she recently purchased in the most exclusive residential neighborhood. This neighborhood was almost entirely built-out in the 1970's except for a few remaining vacant lots. A new zoning ordinance was adopted for our town in the early 1990's which changed the setback requirements and height limit applicable to Jean Benefactor's neighborhood. Approximately 60% of the existing older homes do not conform to the new setback and height restrictions. Jean Benefactor wants a variance so that she can build in conformance with the old setback requirements as 60% of her neighbors did. Jean Benefactor also wants a height variance so that she can have additional sleeping quarters for many orphans she cares for. The following issues arise at the Board of Adjustment hearing: 1. Assuming Jean's lot and her neighbors' lots are similar, would you vote to grant the setback variance? Please explain. (iw Yes, if most of the neighbors very near to Jean were built at the old setbacks. To have her setbacks so different from what her neighbor's are would detract from the continuity of the rest of the street. v 2. Will the fact that Jean is performing a tremendous public service justify the height variance? Why or why not? No. The fact that she cares for orphans is of no significance in this case. Jean would not be denied the use of her property if the variance for height were denied..Jean has chosen to care for orphans in her home which is a self-imposed the need for more bedrooms. 3. There are a number of lots, due to their topography, that are much more expensive to build on when conformance to the strict terms of the Code is enforced. Do you believe that economics should be a factor in considering a variance? If so, to what degree? Economics should not be a factor in considering a variance. When the lot is purchased, the buyer is aware of the topography and should be aware of what the Town's regulations are regarding grading,cutting and filling, and allowed disturbance. The buyer should also assume that the house will need to be built to fit the topography, rather than trying to 1/460, make the topography fit the house with the use of a variance. 4. Some people desire to build their "dream home" in Fountain Hills but cannot afford La lot large enough for the house to conform to the minimum setback requirements. Should we grant variances so we can have the growth and income in our community? Variances should not be granted to insure growth and income in our community. In a town such as Fountain Hills, there is a wide variety of subdivisions and lot sizes. If a lot in Fountain Hills is more expensive than the home builder can afford, then they should reconsider whether the "dream home" or living in Fountain Hills is more important. There is no reason to compromise the codes at the expense of other residents. 5. A resident has applied to the Committee of Architecture to build an addition onto their home which would encroach into the rear yard setback area as established in both the restrictive covenants and the Zoning Ordinance. The Committee of Architecture approved a variance from the restrictive covenants and the resident applies for a variance from the Zoning Ordinance. None of the neighbors object,but no special circumstances exist. The resident wants the addition to serve as a storage room and a bathroom for the swimming pool. The Zoning Ordinance allows the resident to build a detached building to accomplish his needs,but they agree that the detached building is much less desirable and less aesthetically pleasing than the addition. Should a variance be granted because there is not objection and the proposal is more aesthetically pleasing than the limits of other parts of the Code will rr allow? Please explain. Although it might be more aesthetically pleasing to the homeowner,the Zoning Ordinance exists for a reason other than just aesthetics. If this resident were allowed to expand his house merely because he wanted an extra bathroom, then where would we draw the line on requests for an extra room in which to watch television? Constructing a detached building will serve the purpose and will not be setting a precedent. We also can not be assured that future neighbors will find it so unobjectionable. 6. Our current Code regulates development of hillsides. A number of people build large homes and change the grade to nearly the maximum extent possible in setting their homes. After they are in their home, they desire to do further grading to install a swimming pool with an accessory cool deck and patio. This further grading will require them to go beyond the limits established in the Housing Development Standards section of the Zoning Ordinance, so they seek a variance. Do you believe that a variance should be granted to permit grading or disturbance of a hillside beyond the current limits so these people can have a swimming pool? No, they knew the extent of grading that would be allowed when they built the house. Further grading should not be allowed, otherwise there would be no reason to have a regulation that limits it. 7. There are occasions when somebody seeks a variance to place a house they have had designed, that will not fit the lot, without a lot of disturbance to the natural terrain. The owner applies for a variance to encroach in a setback area to minimize expensive site disturbance. The lot is not regulated by the Hillside Development Standards and the Town Code will allow the grading necessary for the house to conform to the setback requirements. The adjoining neighbor comes to the hearing asking that the variance be granted because the desired location will allow them to continue to see the Fountain and if the variance is not granted, the applicant will be required to locate this house in a place that will obscure their view of the Fountain. Do you believe the Town should allow the applicant to save site preparation costs, help maintain the natural terrain and make the adjoining neighbors happy, by granting the variance; or would you take a stand that if site preparation costs are an issue, the house could be redesigned to better fit the lot and stay within the prescribed setback requirements,and that a variance should not be granted for view protection? Please explain. First of all, site preparations costs should not be a consideration because, again, the lot owner knew the existing terrain when they purchased the lot. If the house can be built on the lot and still stay within the setbacks and disturbance limitations, a variance should not be granted. Also, a variance should not be granted because it would preserve the neighbor's view of the fountain or anything else. If the house were moved for one neighbor, a view for another neighbor might be jeopardized. The Board of Adjustment (Its, can not be in the business of determining whose view is worth preserving and whose is not. In this instance a redesign of the house is probably in order. Site costs preparation might be reduced and possibly views might be preserved by the redesign. This variance cannot be approved. L OJ�TAi1V 8l 3 „„ , =ooF. �• of vw LP' ..14m ie MEMORANDUM TO: Paul Nordin / FROM: Julie Ghetti, Supervisor, . . ounting RE: Investment Policy DATE: February 23, 2001 The recent failure of PG&E to repay commercial paper that was purchased by BNY Western Trust on behalf of the Municipal Property Corporation has led to a re-evaluation of the Town's investment policy. During my research for safer investment vehicles I learned that the State Local Government Investment Pool has more than one option for governments to invest with. (iv One of the other options offered is the LGIP-GOV, which is limited to investments of issues backed by the Federal Government. The LGIP-GOV (Pool 7) policy states: "Only securities backed by the full faith and credit of the U.S. Government may be purchased for this pool." The Town's general funds and the Library/Museum bond funds are presently in LGIP (Pool 1). The Treasurers Office indicated that the difference in yield between the two funds varies approximately 40 - 70 basis points (6.68% yield for LGIP-1 versus 6.30% for LGIP-7). The definition of eligible investments that are backed by the full faith and credit of the U.S. Government is pretty generic. A specific investment (for example, Sallie Mae, Freddie Mac) does not always qualify as backed by the Federal Government. The pool's eligible investment policy is intentionally generic and puts the onus on investment managers who are in the business of knowing what is backed by the Federal Government to purchase the appropriate securities. A current listing of their investments is enclosed for your reference (the State Agency Full Faith & Credit Pool is not available for municipalities but is included to show additional securities that are eligible). I have attached a draft Town of Fountain Hills Investment/Cash Management Policy that closely mirrors the LGIP-GOV investment policy. If adopted, the policy could be incorporated by reference and included with any future financial agreements with trustees, investment companies or banks, etc. that have custody of Town funds for any purpose. Prior to presenting this policy to the council for adoption I would recommend (kw. that we consider submitting it to the Municipal Treasurers' Association of the US & Canada for certification. As a member of the MTA US&C we are eligible for professional guidance and assistance in developing an investment policy. The LGIP policy follows their suggested format and I have incorporated the model into the attached policy. As an aside, Chris Petkiewicz from the State Treasurer's office (LGIP) told me that the pool had $16,000,000 invested with PG&E but had been paid one week prior to January 19, 2001. (lbw TOWN OF FOUNTAIN HILLS INVESTMENT/CASH MANAGEMENT POLICY 1.0 Policy: judgment and care--under circumstances then prevailing-- It is the investment policy of the which persons of prudence, Town of Fountain Hills that idle discretion and intelligence exercise in public funds will be invested in a the management of their own affairs, manner which maintains the safety not for speculation, but for of principal, maintains liquidity to investment, considering the probable meet cash flow needs, and safety of their capital as well as the conforming to all state and local probable income to be derived. statutes governing the investment of public funds. Investments will be 3.1 The standard of prudence to made with judgement and care that be used by any fnn or individual prudent persons would exercise, in given responsibility as investment the exercise of their own affairs. official shall be the "prudent person" standard and shall be applied in the context of managing an overall 2.0 Scope: portfolio or account. Investment officers acting in accordance with (kw This investment policy applies to all written procedures and the financial assets of the Town of investment policy and exercising due Fountain Hills which will include any diligence shall be relieved of personal and/or all districts, component responsibility for an individual units, etc. (hereinafter referred to as security's credit risk or market price "the Town"). These funds are changes, provided deviations from accounted for in the Town of expectations are reported in a timely Fountain Hills Annual Financial fashion and appropriate action is Report and may include: taken to control adverse developments. 2.1 Funds: 2.1.1 General Fund 2.1.2 Special Revenue Funds 4.0 Objective: 2.1.3 Capital Project Funds 2.1.4 Any new fund/ The primary objectives, in priority component unit created order, of the Town of Fountain Hills unless specifically investment activities shall be: exempted. 4.1 Safety: Safety of principal is the foremost objective of the 3.0 Prudence: investment program. Investments of The Town shall be undertaken in a Investments shall be made with manner that seeks to ensure the preservation of capital in the overall to: safekeeping, PSA repurchase (1610, portfolio. To attain this objective, agreements, wire transfer diversification is required in order agreements, banking service contracts that potential losses on individual and collateral/depository agreements. securities do not exceed the income Such procedures shall include generated from the remainder of the explicit delegation of authority to portfolio. persons responsible for investment transactions. No person may engage 4.2 Liquidity: The Town of in an investment transaction except Fountain Hills investment portfolio as provided under the terms of this will remain sufficiently liquid to policy and the procedures enable the Town of Fountain Hills to established by the Town of Fountain meet all operating requirements Hills Investment Committee. The which might be reasonably Town of Fountain Hills Investment anticipated. Committee or the Town Manager shall be responsible for all 4.3 Return on Investments: The transactions undertaken and shall Town of Fountain Hills investment establish a system of controls to portfolio shall be designed with the regulate the activities of subordinate objective of attaining a rate of return officials. throughout budgetary and economic cycles, commensurate with the Town of Fountain Hills investment risk 6.0 Ethics and Conflicts of constraints and the cash flow Interest: characteristics of the portfolio. Officers and employees involved in the investment process shall refrain 5.0 Delegation of Authority: from personal business activity that could conflict with proper execution Authority to manage the Town of of the investment program, or which Fountain Hills investment program is could impair their ability to make derived from the ARS §35-323-328. impartial investment decisions. Management responsibility for the Employees and investment officials investment program is hereby shall disclose to the Town Manager delegated to the Town of Fountain any material financial interests in Hills Investment Committee, or in financial institutions that conduct the absence of the Committee, the business within this jurisdiction, and Town Manager, who shall establish they shall further disclose any large written procedures for the operation personal financial/investment of the investment program consistent positions that could be related to the with this investment policy. performance of the Town of Fountain Procedures should include reference Hills, particularly with regard to the Town of Fountain Hills - Investment Policy LAdopted February.2001 2 time of purchases and sales. Town of Fountain Hills investment policy and depository contracts. 7.0 Authorized Financial Dealers and Institutions: An annual review of the financial condition and registrations of The Town Manager will maintain a qualified companies will be list of financial institutions conducted by the Town of Fountain authorized to provide investment Hills Investment Committee or the services. In addition, a list will also Town Manager. be maintained of approved security broker/dealers selected by credit worthiness who are authorized to 8.0 Authorized & Suitable provide investment services in the Investments: State of Arizona. Investment transactions shall only be conducted The Town of Fountain Hills is with financial institutions that are empowered by statute to invest in licensed as may be required by low to the following types of investments: do business in Arizona. Primary government securities dealers, or Eligible Investments: broker-dealers engaged in the business of selling government The following forms of investment are securities shall be registered in specified as eligible investments. All (low compliance with section 15 or 15C of investments not listed will be the Securities Exchange Act of 1934 considered prohibited investment and registered pursuant to A.R.S. purchases. _44-3101, as amended. It shall be the responsibility of the financial 1. Certificates of deposit, savings institutions and broker/dealers who accounts, deposit accounts or desire to become qualified bidders for money market deposits in investment transactions to provide amounts that are continuously the following: and fully insured by the a) audited financial statements Federal Deposit Insurance within six months of the close Corporation ("FDIC"), including of the fiscal year, the Bank Insurance Fund and b) unaudited most recent the Savings Association quarterly financial statements, Insurance Fund, collateralized c) proof of National Association of at no less than 102 percent. Security Dealers certification, trading resolution, 2. State of Arizona Local d) proof of Arizona registration, Government Investment Pool. e) certification of having read the Town of Fountain Hills - Investment Policy Adopted February,2001 3 3. Securities backed by the full (limy faith and credit of the U.S. 11.0 Diversification: Government. The Town of Fountain Hills will 9.0 Collateralization: diversify its investments by security type and institution. With the Collateralization will be required on exception of U.S. Treasury securities two types of investments: certificates and authorized pools, no more than of deposit and money market or 50% of the Town of Fountain Hills' savings accounts. In order to total investment portfolio will be anticipate market changes and invested in a single security type or provide a level of security for all with a single financial institution. funds, the collateralization level will be (102%) of market value of principal and accrued interest. 12.0 Maximum Maturities: Collateral will always be held by an To the extent possible, the Town or independent third party with whom it's agents/trustees will attempt. to the Town of Fountain Hills has a match its investments with current custodial agreement. A anticipated cash flow requirements. clearly marked evidence of ownership Unless matched to a specific cash (safekeeping receipt) must be flow, the Town of Fountain Hills will supplied to the Town of Fountain not directly invest in securities L Hills and retained. maturing more than two (2) years from the date of purchase. The right of collateral substitution is granted. Reserve funds may be invested in securities exceeding two (2) years if the maturity of such investments are 10.0 Safekeeping and Custody: made to coincide as nearly as practicable with the expected use of All security transactions including the funds. collateral for repurchase agreements, entered into by the Town of Fountain Hills or it's agents/trustees shall be 13.0 Internal Control: conducted on a delivery-versus- payment (DVP) basis. Securities The Town of Fountain Hills shall be held by the Town or a Investment Committee along with the custodian designated by the Town Town Manager shall establish an Manager or Investment Committee annual process of independent and evidenced by custodial reports. review as part of the external audit. This review will provide internal Town of Fountain Hills - Investment Policy Adopted February,2001 4 control by assuring compliance with Lie policies and procedures. 14.0 Reporting: The Investment Committee is charged with the responsibility of including a report on investment activity and returns in the Town of Fountain Hills Financial Report. Reports will include (e.g. performance, market sector breakdown, number of trades, interest earnings, etc.). 16.0 Investment Policy Adoption: The Town of Fountain Hills investment policy shall be adopted by resolution of the Town of Fountain Hills legislative authority. (illy The policy shall be reviewed annually by the Town of Fountain Hills Investment Committee and any modifications made thereto must be approved by the Town Council. Town of Fountain Hills - Investment Policy Adopted February,2001 5 GLOSSARY AGENCIES: Federal agency securities. DEBENTURE: A bond secured only by the ASKED: The price at which securities are general credit of the issuer. offered. DELIVERY VERSUS PAYMENT: There are two BANKERS' ACCEPTANCE (BA): a draft or bill methods of delivery of securities: delivery or exchange accepted by a bank or trust versus payment and delivery versus receipt. company. The accepting institution guarantees Delivery versus payment is delivery of payment of the bill, as well as the issuer. securities with an exchange of money for the securities. Delivery versus receipt is delivery of BID: The price offered by a buyer of securities. securities with an exchange of a signed receipt (When you are selling securities, you ask for a for the securities. bid.) See Offer. DISCOUNT: The difference between the cost BROKER: A broker brings buyers and sellers price of a security and its maturity when together for commission. quoted at lower than face value. A security selling below original offering price shortly after CERTIFICATE OF DEPOSIT (CD): A time sale also is considered to be at a discount. deposit with a specific maturity evidenced by a certificate. Large-denomination CD's are DISCOUNT SECURITIES: Non-interest bearing typically negotiable. money market instruments that are issued a discount and redeemed at maturity for full face COLLATERAL: Securities, evidence of deposit value, e.g. U.S.Treasury Bills. or other property which a borrower pledges to secure repayment of a loan. Also refers to DIVERSIFICATION: Dividing investment funds securities pledged by a bank to secure deposits among a variety of securities offering (ow of public monies. independent returns. COMPREHENSIVE ANNUAL FINANCIAL FEDERAL CREDIT AGENCIES: Agencies of REPORT (CAFR): The official annual report for the Federal Government set up to supply credit the Town of Fountain Hills. It includes five to various classes of institutions and combined statements for each individual fund individuals, e.g., S&L's small business firms, and account group prepared in conformity with students, farmers, farm cooperatives, and GAAP. It also includes supporting schedules exporters. necessary to demonstrate compliance with finance-related legal and contractual FEDERAL DEPOSIT INSURANCE provisions, extensive introductory material, and CORPORATION (FDIC): A federal agency that a detailed Statistical Section. insures bank deposits, currently up to $100,000 per deposit. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder FEDERAL FUNDS RATE: The rate of interest on the bond's face value. (b) A certificate at which Fed funds are traded. This rate is attached to a bond evidencing interest due on a currently pegged by the Federal Reserve payment date. through open-market operations. DEALER: A dealer, as opposed to a broker, FEDERAL HOME LOAN BANKS (FHLB): The acts as a principal in all transactions, buying institutions that regulate and lend to savings and selling for his own account. and loan associations. The Federal Home loan Town of Fountain Hills - Investment Policy Adopted February,2001 6 Banks play a role analogous to that played by securities are backed by the FHA, VA or FMHM the Federal Reserve Banks vis-a-vis member mortgages. The term "passthroughs" is often commercial banks. used to describe Ginnie Maes. FEDERAL NATIONAL MORTGAGE LIQUIDITY: A liquid asset is one that can be ASSOCIATION (FNMA): FNMA, like GNMA was converted easily and rapidly into cash without chartered under the Federal National Mortgage a substantial loss of value. In the money Association Act in 1938. FNMA is a federal market, a security is said to be liquid if the corporation working under the auspices of the spread between bid and asked prices is narrow Department of Housing and Urban and reasonable size can be done at those Development (HUD). It is the largest single quotes. provider of residential mortgage funds in the United States. Fannie Mae, as the corporation LOCAL GOVERNMENT INVESTMENT POOL is called, is a private stockholder-owned (LGIP): The aggregate of all funds from political corporation. The corporation's purchases subdivisions that are placed in the custody of include a variety of adjustable mortgages and the State Treasurer for investment and second loans, in addition to fixed-rate reinvestment. mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes MARKET VALUE: The price at which a and guarantees that all security holders will security is trading and could presumably be receive timely payment of principal and purchased or sold. interest. MASTER REPURCHASE AGREEMENT: A FEDERAL OPEN MARKET COMMITTEE written contract covering all future (FOMC): Consists of seven members of the transactions between the parties to Federal Reserve Board and five of the twelve repurchase--reverse repurchase agreements Federal Reserve Bank Presidents. The that establishes each party's rights in the President of the New York Federal Reserve transactions. A master agreement will often Li" Bank is a permanent member, while the other specify, among other things, the right of the Presidents serve on a rotating basis. The buyer-lender to liquidate the underlying Committee periodically meets to set Federal securities in the event of default by the seller- Reserve guidelines regarding purchases and borrower. sales of Government Securities in the open market as a means of influencing the volume of MATURITY: The date upon which the principal bank credit and money. or stated value of an investment becomes due and payable. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress MONEY MARKET: The market in which short- and consisting of a seven member Board of term debt instruments (bills, commercial Governors in Washington, D.C., 12 regional paper, bankers' acceptances, etc.) are issued banks and about 5,700 commercial banks that and traded. are members of the system. OFFER: The price asked by a seller of GOVERNMENT NATIONAL MORTGAGE securities. (When you are buying securities, ASSOCIATION (GNMA OR GINNIE MAE): you ask for an offer.) See Asked and Bid. Securities influencing the volume of bank credit guaranteed by GNMA and issued by OPEN MARKET OPERATIONS: Purchases and mortgage bankers, commercial banks, savings sales of government and certain other and loan associations, and other institutions. securities in the open market by the New York Security holder is protected by full faith and Federal Reserve Bank as directed by the FOMC credit of the U.S. Government. Ginnie Mae in order to influence the volume of money and Town of Fountain Hills - Investment Policy Adopted February.2001 (kw credit in the economy. Purchases inject them at a fixed price on a fixed date. The (taw reserves into the bank system and stimulate security "buyer" in effect lends the "seller" growth of money and credit; sales have the money for the period of the agreement, and the opposite effect. Open market operations are terms of the agreement are structured to the Federal Reserve's most important and most compensate him for this. Dealers use RP flexible monetary policy tool. extensively to finance their positions. Exception: When the Fed is said to be doing PORTFOLIO: Collection of securities held by RP, it is lending money, that is, increasing an investor. bank reserves. PRIMARY DEALER: A group of government SAFEKEEPING: A service to customers securities dealers who submit daily reports of rendered by banks for a fee whereby securities market activity and positions and monthly and valuables of all types and descriptions are financial statements to the Federal Reserve held in the bank's vaults for protection. Bank of New York and are subject to its informal oversight. Primary dealers include SECONDARY MARKET:A market made for the Securities and Exchange Commission (SEC)- purchase and sale of outstanding issues registered securities broker-dealer, banks, and following the initial distribution. a few unregulated firms. PRUDENT PERSON RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state--the so-called legal list. In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is L seeking a reasonable income and preservation of capital. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensation use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on it purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase Town of Fountain Hills - Investment Policy co, Adopted February,2001 8 AZ STE TREASURERS OFF . 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Y a i t rr I r N• H i' to ; .n M In I r �j •I^ p w 01 4 �j "� II . r • . .o t N H iN 1 03 I .o r v f ' i g o I-. , I it :. va Mt . i, 17:1 • el o .. 1 v 0 N i 00S In '" 1s OG ' H E �y I N Y pq ��qq H II I to O 0it rPI D F H fg ' W a Id) e lit ' O R+ �i G t M+ : W >Yi ppgy r 0 I 4 o od r '� .1 E+ H ' 0A • u 0 Hi n w a.-\\ O r • CB 0 " H 0. El t + .a 0 A H et in ••• r N ; • h y H F 14 N 0 la • el \ ♦•I 0 ■ g 1 rl01 h N A y x H ' n .+1VI a •' d O C3 W 0 : N 1 ea t4 Pi ■ ea 0. W 1 tt \ • ..--- •_---- .ter-'`'.-- 7r - { 8SZ—— . o 13l ' AA° Si3einsd3ell 11S Zd �n� � � ��' oN RT . OT TO SZ qa� �Z99 Z09 N TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Senior Planner DATE: March 1, 2001 SUBJECT: Consider a Special Use Permit, which would allow a 25 foot golf ball net along portions of the north and east property lines at 16850 E. Nicklaus Dr.; Case #SU2000-04. On February 22, 2001, the Planning & Zoning Commission recommended approval of this special use with a 7-0 vote, stipulating the location of the golf fence. The Commissions primary concerns were that the fence would adversely affect the neighboring property's views, that many more requests for golf ball fencing may come, Land that the fence will not be maintained and become an even greater eyesore. The Council may recall that the golf ball fencing ordinance resulted from the exorbitant amount of errant golf shots that this and one other lot has experienced. Please refer to the Staff report for additional details regarding this request. If you should any questions, I can be reached at 816-5138. TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT (low MARCH 1, 2001 CASE NO: SU2000-04 PROJECT MANAGER: Dana Burkhardt, Senior Planner LOCATION: Located in Plat 401-B, Block 6 Lot 42; AKA 16850 E. Nicklaus Dr. REQUEST: Consider a Special Use Permit, which would allow a 25 foot golf ball net adjacent to the north and east property lines at 16850 E. Nicklaus Dr. DESCRIPTION: APPLICANT: Denis & Karin Lueders OWNER: Denis & Karin Lueders EXISTING ZONING: "R1-10 RUPD" EXISTING CONDITION: Developed with a single family home PARCEL SIZE: 28,534 square feet SURROUNDING LAND USES AND ZONING: NORTH: Cypress Pt. Wash and Single family home, zoned "R1-10 RUPD" SOUTH: Single family, zoned "R1-8 RUPD". EAST: Golf course, zoned "R1-10 RUPD". WEST: Single family, zoned "R1-10 RUPD". SUMMARY: This request is for approval of a Special Use, which would allow a golf course net to be located adjacent to the north and east property lines of the owner's property at a height of 25 feet. Golf ball nets are permitted along golf courses with an approved Special Use Permit subject to specific criteria Refer to Section 2.02 regarding Special Use Permits and Section 5.09 of the Town of Fountain Hills Zoning Ordinance, which states the Town's regulations regarding golf ball fences. CODE REQUIREMENTS: CHAPTER 11 GENERAL PROVISIONS 5.09 Walls and Fences. *18 A. Height. 1. Except as otherwise provided, no wall (whether retaining or not), fence or hedge, more than three (3) feet six (6) inches high shall be constructed or maintained nearer to the front or street side property line than the required front or street side building setback line. Fences or hedges which exceed the above heights may be built around schools and other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof, within Industrial Zoning Districts, when a special use permit has been secured for such purposes. Except as otherwise provided, no non-retaining wall or fence shall exceed six(6)feet in height. Retaining wall heights and non-retaining walls on top of retaining walls with less Loy than fifty(50) percent openness, shall follow the standards in Section 5.11.E. of this chapter, however in no case shall the non-retaining wall exceed six (6) feet in height. These height regulations shall not apply when fences of greater height are required by the Planning and Zoning Commission or Town Council in order to provide adequate screening as required by this ordinance. Note: Those utility companies which are regulated by the Arizona Corporation Commission may be allowed increased fence heights due to national,state or local standards. Golf ball fences may be developed by Special Use Permit if all of the following characteristics apply: (a) Golf ball fences may only be developed on lots that directly abut a golf course or driving range, however, they may not be developed within any front or street-side yard setback. (b) Golf ball fences should only be developed within 600 feet of the forward- most golf course tee box or driving range position. Golf course fences to protect against errant secondary golf shots may be approved due to unusual site or course layout circumstances. (c) Golf ball fences shall be set back from any abutting residential property at a distance not less than the height of the fence. Golf ball fences may be located nearer to such a property line with the prior written consent of the abutting residential property owner. (d) The maximum height of a golf ball fence shall not exceed twenty-five (25) (kw feet. (e) Pole color must blend in with background features as viewed from neighboring properties to minimize its visibility. Net color shall be black. (f) Landscaping should be used where appropriate to obscure the poles from neighboring properties. EVALUATION: The owner of the property has requested this special use due to the large number of errant golf balls that enter the subject property from the driving range of the Desert Canyon Golf Course. The Lueders house sits along the southwestern boundary of the driving range. The Lueders application meets the requirements of the Zoning Ordinance in that their lot is directly adjacent to a golf course and is within 600 feet of the tee locations. A 10' wide drainage tract separates this property from the residence to the north (lot 43), therefore the fence is not required to respect a minimum setback from the side or rear property lines. The fence is to be maintained on the applicant's property and cannot encroach onto the golf course property. Staff has received three letters in opposition to this proposal from the neighboring property owners. They would prefer that Town Council deny this request for golf ball fencing. On February 22, 2001, the Planning & Zoning Commission recommended approval of this special use with a 7-0 vote, stipulating the location of the golf fence. The Commissions primary concerns were that the fence would adversely affect the neighboring property's views, that many more requests for golf ball fencing may come, and that the fence will not be maintained and become an eyesore. The Planning and Zoning Commission recommends that the fence be constructed much closer to the rear of the house and Eucalyptus trees and Oleanders be planted to screen the fence. The intent of this is two fold, the landscape requirement is intended to screen the fence from adjacent properties and to provide additional protection from incoming golf balls. The golf ball fence alone will not stop the high loft balls from hitting the roof, but in time, large mature Eucalyptus trees will, and the mature Oleander hedge will obstruct the lower trajectory shots. By placing the fence much closer to the property, the fence will provide additional protection to the sides of the home and patio from the higher trajectory balls, and will also give the home owner incentive to remove the fence once the landscaping becomes mature enough to deflect the majority of the golf balls. RECOMMENDATION: Staff and the Planning & Zoning Commission recommends approval of S000-04, Special Use Permit request to allow a golf ball fence as a special use along the north and east portions of the property located at 16850 E. Nicklaus Dr., subject to the regulations of the Zoning Ordinance of the Town of Fountain Hills, Chapter 5, Section 5.09(A) Walls and Fences with the following stipulations: 1. That the entire fence including anchors and landscaping are maintained on the applicant's property and located along a portion of the north side of the driveway, following the original disturbance boundary around to the east. (See attached site plan for the proposed and the stipulated fence locations.) 2. That the applicant provide landscaping to screen the golf ball fence with minimum 48" box Eucalyptus trees and min. 10 gallon Oleanders at a quantity to be determined by staff. 3. That the applicant shall maintain compliance with hillside disturbance requirements. L TAIN ei(ZIPt �' TOWN OF FOUNTAIN HILLS qv: COMMUNITY DEVELOPMENT DEPARTMENT _ r .: .... 4. ➢....:, - .. . .S �f.® � ` .. S miT . Date Filed i I / Fee Paid Accepted By 1") (a Type of Special Use Requested - cWL Address of Subject Property Zoning G(ii0 et ID ► c L(Au.3 DR, RI - ID Legal Description: Plat o n Block co aLo t(s) q r ,-C Applicant f Day Phone e c ‘S Lu�c�1 e rr � { L ' Address JL C �.,) 1 ( C. City F ST Zip , Owner Day Phone Address City ST Zip Signature of Owner I HERBY AUTHORIZE(Please Print) Date L47 ,rZ K TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public (Seal) Please Provide the Following (attach additional sheets): 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. 3 full size prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the proposed development if the Special Use Permit is granted, as well as the exterior elevations. 3. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. 5. A narrative describing any adverse impact the proposed land use may have on the surrounding properties and on the neighborhood and what steps will be taken to avoid these adverse impacts. TFH Case Number L1Fee Schedule Attached 5LU9COO'-z--I ( V '661S.6dhs , L . ,yam! ,,i 1 /-�` 4, \.. t \` o/ ro ADO S \ 'so. �/ • � -i ah / • %4.1.• ‘", i. 41, ``" \ -'-„-�\ -•� - �� Nfp . 1fp r`�� elm. 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ATTORNEYS 4227 NORTH 32ND STREET,FIRST FLOOR CHARLES K.AY ERS PHOENIX,ARIZONA 85018 HARVEY S.BROWN (602)468-5700 JOSEPH M.HILLLEGAS,JR. TELEFAX(602)468-9300 BRUCE WASHBURN WILLIAM W.BLACK February 13, 2001 THOMAS G.LUIKENS OF COUNSEL Planning and Zoning Commission Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 Re: Application Nos. SU 00-04 and SU 00-05 (Desert Canyon Golf Club / Lueders) Dear Members of the Commission: This Firm represents the Golf International, Inc., the owner and operator of the Desert Canyon Golf Club. The undersigned, by agreement with their separate (kiw counsel, is also responsible for the presentation to this Commission of the above- referenced Application filed by Mr. and Mrs. Dennis Lueders. The purpose of this letter is to briefly acquaint the Commission with the history and background of these requests. The Desert Canyon Golf Club (fka the Fountain Hills Golf Course) (the "Club") was originally established in the early 1960's, and is one of the oldest facilities in the Town of Fountain Hills. The Club preceded virtually all of the neighboring residential development, and the zoning records of Maricopa County (in which the property was then situated) reflect that great attention was paid to assuring that the residential development which did eventually occur would not conflict with the golf course use. For the most part this effort was successful, and the Club continues to be a contributing citizen of the Town. One of the Club's amenities, its driving range, has been in continuous use at its present location since the course first opened. Although the physical length of the range has remained unchanged, largely as a result of technical advancements in balls and clubs its effective length has diminished. This has led to more frequent incidents of golf balls leaving the range, particularly on the south end (the golfers hit from north to south). In 1999 this resulted in the filing by the Town of proceedings against the Club to curtail the problem. The Town Prosecutor and the Club have agreed, subject to the approval of this Commission and the Town 460, Council, upon a remedy. That remedy is embodied in Application No. SU 00-05, February 13, 2001 (lbw Page 3 are doing their best to cope with an unfortunate situation which neither of them intentionally created. We would request that the Commission assist the parties in this regard and recommend approval of these applications. Yours very tru , AYERS B WN, P.C. Charles K. y s L L Karin and Denis Lueders 16850 E. Nicklaus Dr. Fountain Hills, AZ 85268 Phone: 480-836-0468 To Council Members of The Town of Fountain Hills Fountain Hills, AZ 85268 S1jbi100U We are requesting reconsideration for our special use application for a golf ball net originally considered in February 2000. At the time the Town council first considered this application all pertinent information was not available to all parties. After talking with the two town attorneys, William Farrell and Mark Iacovino, both seem to feel the council would be more favorably inclined towards this request at this time. One of the major events that should influence a council decision is the construction of a golf ball net along the south side of the Desert Canyon Golf Course Cre driving range. That fence is part of an agreement in a criminal action brought by the Town of Fountain Hills against the golf course. That net will dwarf the net proposed by us for use on our property. Since that net will be at the end of the range it will be much higher than ours. Included with this letter are a few pictures of the golf ball damage that has occurred to our house. This is not all the damage we have incurred as every six months I patch and repaint all the holes. The holes shown are only for a four to six month period. Roof tile damage can be substantiated with a repair bill that showed over one hundred tiles replaced several months ago. These are cement tiles, not ceramic, and are normally quite strong. Also provided is a picture of a contusion Mrs. Lueders suffered while taking our dogs on our property next to our house. It was extremely painful, and we are thankful she was not hit in a more vulnerable part of the body. We again provide a compilation of the number of golf balls we have collected on our property from the driving range, by date, along with remarks as appropriate. All of this evidence should remove any doubt about the seriousness of the situation we are faced with every day. The number of balls arriving on our property was averaging over 35 balls a day, with one day more than 100 balls landing on our property. This is not just a case of a few balls arriving every once in a while. It is a constant (ire onslaught that sooner or later will result in serious injury. We need this net to gain control of our lives again and enjoy the house we bought here in Fountain untaln Hills. Record of Golf balls on Property of 16850 E. Nicklaus Drive )ct 24, 1998 - 31 balls Dec 10 -40 balls %iwzt 25 - 0 balls Dec 11 - 14 balls Oct 26 - 0balls Dec 12 - 70 balls Oct 27 - 18 balls Dec 13 -49 balls Oct 28 - 8 balls Dec 14- 16 balls Oct 29 - 5balls Dec 15 - 36balls Oct 30 - 12 balls Dec 16 - 30balls Oct 31 - 11 balls Dec 17-25 balls Nov 1 - 19 balls Dec 18 -21 balls Nov 2 - 14 balls Dec 19 - 55 balls Nov 3 - 10 balls Dec 20 - 38 balls Nov 4 -23 balls Dec 21 - 18 balls Nov 5 - 16 balls Dec 22 -21 balls Nov 6 - 17 balls Dec 23 -35 balls Nov 7 -28 balls Dec 24- 19 balls Nov 8 - 15 balls Dec 25 - 0 balls Nov 9 -21 balls Dec 26 - 72 balls Nov 10 - 16 balls Dec 27-67 balls Nov 11 - 15 balls Dec 28 -35 balls Nov 12 -24 balls Dec 29- 81 balls Nov 13 -37 balls Dec 30 -48 balls v 14 - 54balls Dec 31 - 58balls Wr 15 -61 balls Nov 16 - 58 balls Nov 17.- 18 balls Nov 18 - 16 balls Nov 19 -24 balls Nov 20 26 balls Nov 21 -46 balls Nov 22 - 51 balls Nov 23 - 58 balls Nov 24 - 19 balls Nov 25 - 14 balls Nov 26 -47 balls Nov 27 -26 balls Nov 28 -67 balls Nov 29 - 12 balls Nov 30 -36 balls Dec 1 - 18 balls Dec 2 - 15 balls Dec 3 - 11 balls I)ec 4-21 balls 41.,5 15 balls Dec 6-31 balls Dec 7- 19 balls Dec 8 -22balls Dec 9-48 balls . Jan 1, 1999- 55 balls Feb 40 - 50 balls Apr 13 - 52 balls Jun 2 -43 balls Jan 2 -40 balls Feb 21 - 74 balls Apr 14 -21 balls Jun 3 - 37 balls Jan 3 -45 balls Feb 22 - 39 balls Apr 15 -28 balls Jun 4 - 12 balls Jan 4 -43 balls Feb 23 - 37 balls Apr 16 -46 balls Jun 5 -24 balls n 5 -25 balls Feb 25 - 58 balls Apr 17-42 balls Jun 6 - 31 balls 6 - 18 balls Feb 26 - 35 balls Apr 18 -28 balls Jun 7-40 balls Jan 7 -32balls Feb 27 - 55 balls Apr 19 - 34 balls Jun 8 -43balls Jan 8 - 15 balls Feb 28 - 16 balls Apr 20 -31 balls Jun 9 -39 balls Jan 9 -22balls Mar 1 - 31 balls Apr 21 - 32balls Jun 10- 9balls Jan 10 - 35 balls Mar 2 -29 balls Apr 22 - 37 balls Jun 11 -20 balls Jan 11 -35 balls Mar 3 - 12 balls Apr 23 -45 balls Jun 12 - 71 balls Jan 12 -25 balls Mar 4 -23 balls Apr 24 -60 balls Jun 13 - 81 balls Jan 13 -28 balls Mar 5 - 35 balls Apr 25 -67 balls Jun 14-42 balls Jan 14 - 30balls Mar 6 -62balls Apr 26 - 35 balls Jun 15 -23balls Jan 15 -29 balls Mar 7- 10 balls Apr 27-24 balls Jun 16 -21 balls Jan 16 - 51 balls Mar 8 - 17 balls Apr 28 -22 balls Jun 17-32 balls Jan 17-42 balls Mar 9 - 15 balls Apr 29 - 13 balls Jun 18 -41 balls Jan 18 - 18 balls Mar 10 -42 balls Apr 30 -28 balls Jun 19-28 balls Jan 19 -35 balls Mar 11 - 19 balls May 1 -24 balls Jun 20-47 balls Jan 20 - 17 balls Mar 12 -20 balls May 2 -6 balls Jun 21 -22 balls Jan 21 -28 balls Mar 13 - 31 balls May 3 -25 balls Jun 23 - 8 balls Jan 22 - 35 balls Mar 14 - 32 balls May 4-22 balls Jun 24-37 balls Jan 23 - 35 balls Mar 15 -48 balls May 5 - 19 balls Jun 25 -34 balls Jan 24 -22 balls Mar 16 - 19 balls May 6-26 balls Jun 26-49 balls Jp 25 - 52 balls Mar 17 -35 balls May 7-23 balls Jun 27-35 balls c26 -21 balls Mar 18 -29 balls May 8 - 38 balls Jun 28 -32 balls Jan 27 -20 balls Mar 19 -29 balls May 9 - 38balls Jun 29 -26 balls Jan 28 -.41 balls Mar 20- 35 balls May 10 - 29 balls Jun 30-41 balls Jan 29 -20 balls Mar 21 -31 balls May 11 -4 balls Jul 1 - 18 balls Jan 30 -69 balls Mar 22 -29 balls May 12 - 17 balls Jul 2 - 35 balls Jan 31 31 balls Mar 23 -40 balls May 13 -28 balls Jul 3 -62 balls Feb 1 -22 balls Mar 24 - 56 balls May 14 -22 balls Jul 4- 54 balls Feb 2 - 38 balls Mar 25 -60 balls May 15 - 38 balls Jul 5 -47 balls Feb 3 -43 balls Mar 26 -42 balls May 16 -21 balls Jul 6 -38 balls Feb 4 -26 balls Mar 27-21 balls May 17-2 balls Jul 7-46 balls Feb 5 - 8 balls Mar 28 -49 balls May 18 -0 balls Jul 8 -22 balls Feb 6 -48 balls Mar 29 -32 balls May 19 - 3 balls Jul 9 - 52 balls Feb 7 -29 balls Mar 30 -42 balls May 20 - 0 balls Jul 10-47 balls Feb 8 -28 balls Mar 31 -28 balls May 21 - 14 balls Jul 11 -37 balls Feb 9 - 12 balls Apr 1 - 12 balls May 22 - 19 balls Jul 12 - 54 balls Feb 10 - 32 balls Apr 3 -63 balls May 23 - 22 balls Jul 13 - 38 balls Feb 11 - 10 balls Apr 4 - 34 balls May 24-26 balls Jul 14-22 balls Feb 12 - 19 balls Apr 5 - 30 balls May 25 -20 balls Jul 15 -38 balls Feb 13 - 70 balls Apr 6 -43 balls May 26 - 12 balls Jul 16-44 balls Feb 14 - 92balls Apr 7- 78balls May 27 - 10 balls Jul 17-27balls Ft 15 - 102 balls Apr 8 -45 balls May 28 -28 balls Jul 18 - 77 balls Ftitri6 -25 balls Apr 9 - 35 balls May 29 -26 balls Jul 19 -48 balls Feb 17 -49 balls Apr 10-21 balls May 30 -24 balls Jul 20-39 balls Feb 18 - 31 balls Apr 11 -49 balls May 31 - 18 balls Jul 21 -41 balls Feb 19 - 68 balls Apr 12 -41 balls Jun 1 -41 balls Jul 22 - 54 balls Jul 23 -48 balls Jul 24- 37 balls Jul 25 -32 balls T,a26 -34balls L!27 -36ba11s Jul 28 -41 balls Jul 29 - 34 balls Jul 30 -44 balls Jul 31 -23 balls Aug 1 -48 balls Aug 2 -46 balls Aug 3 -32 balls Aug 4-44balls Aug 5 -46balls Aug 6 - 51 balls Aug 7-46 balls Aug 8 - 58balls Aug 9 -42 balls Aug 10- 37balls Aug 11 -33 balls Aug 12 -31 balls Aug 13 -43 balls Aug 14-49 balls Aug 15 - 51 balls ; 16 -42balls Nit 17-37balls Aug 18 -39 balls Aug 19 -47 balls Aug 20 - 52 balls Aug 21 - 84 balls Aug 22 -33 balls Aug 23 -27 balls Aug 24-3 balls Aug 25 - 13 balls Aug 26 -23 balls Aug 27- 17 balls Aug 28 -26 balls Aug 29 - 37 balls Aug 30 - 19 balls Aug 31 - 16 balls Sep 1 -23 balls Sep 2 - 31 balls Sep 3 - 18 balls Sep 4 -42 balls n 5 - 34 balls kme6 -21 balls Sep 7- 31 balls Sep 8 -27 balls Sep 9 - 19 balls Sep 10- 33 balls Sep 11 - 84 balls Sep 12 - 15 balls Sep 13 - 11 balls ic'.13 14 - 8 balls pp15 - 11balls Sep 16 -22 balls Sep 17 - 19 balls Sep 18 - 33 balls Sep 19 -46 balls Sep 20 -closed Oct 8 -24 re-open b. Oct 9 -40 balls Oct 10 - 32 balls Oct 11 -6 balls Oct 12 - 8 balls Oct 13 -24 balls L L October 14 - 16 balls October 15 - 52 balls (while in court for final hearing) October 16 - 18 balls (mostly AM before Bates arrived) ctober 17 -22 balls (mostly in PM after bates left for the day) ;tober 18 - 10 balls October 19-21 -23 balls we went camping October 22 - 1 ball (Bates on duty) October 23 -25 balls (no ranger on tee box) October 24 - 18 balls (Pat Parenti on tee box next to a man using woods, didn't stop him) October 25 - 7 balls October 26 -3 balls October 27 -0 balls October 28 - 11 balls October 29 - 16 balls October 30 -37 balls (observed golfers on tee early in morning with woods-no ranger) October 31 - 15 balls November 1 - 5 balls November 2 -22 balls November 3 - 8 balls November 4- 7 balls November 5 - 11 balls(called club to let them know golfers using woods) November 6- 35 balls November 7-31 balls November 8 -43 balls(lots of drivers-no one watching, two pictures) ember 9-27 balls ember 10 - 14 balls November 11 - 16 balls (4 hits in a row as I watched, saw Parenti, Jason was employee who was talking to offender who was hitting my house on purpose) November 12 -6 balls(Bates on the Tee) November 13 -21 balls(no ranger) November 14-35 balls November 15 - 19 balls November 16 -24 balls November 17- 16 balls November 18 - 14 balls November 19-49 balls(Tournament?, free balls on tee box, no ranger) November 20- 51 balls(tournament? 5 regular balls)free balls November 21 -23 balls-free balls November 22 - 5 balls November 23 -9 balls November 24- 16 balls November 25 - 11 balls November 26-54 balls November 27-38 balls Npvember 28 -31 balls(Parenti on tee hitting irons, two people several tees away hitting woods) ember 29- 15 balls free balls November 30- 18 balls • December 1 - 13 balls December 2 - 19 balls December 3 - 14 balls December 4 -27 balls free L,alls December 5 - 50 balls December 6 - 12 balls December 7-3 balls LDecember 8 - 14 balls December 9 -22 balls December 10 - 14 balls December 11 - 11 balls December 12 - 1 ball December 13 -3 balls December 14 - 5 balls December 15 - 10 balls, no ranger in PM, lots of drivers used-free balls December 16 - 9 balls, no ranger in AM, 10:30 two drivers, 12:30 PM no ranger and drivers used -free balls December 17 - 13 bails free balls December 18 -25 balls(Bates used as both starter and ranger, tournament with more than 50 players, free balls) December 19 - 16 balls(returned from shopping at 3:30, drove past tee and no ranger but three players using woods)free balls December 20 -4 balls(no ranger)free balls December 21 -26 balls(no ranger)free balls December 22 - 18 balls(there was a starter but not functioning as ranger on practice tee)free balls December 23 -22 bails(no ranger-free balls) December 24 - 59 balls(Bates used as starter on first tee, 8:15 photo of first guy(one out of two) with wood, the other guy switched to an iron as I left garage, numerous woods used all day, some pictures, started using the telephoto lens, no ranger on practice tee all day, free balls) December 25 -course closed-Christmas December 26 -49 balls, course opened with starter on the first tee box, starter wandered to the practice tee but did not enforce the irons only policy, made no effort to stop the woods being used, by 10:10 AM more than 50 golfers had already used the practice tee, NO RANGER, one golfer saw the irons only sign and made a comment to a playing buddy about the irons only sign, he was told it was there until they got"the court order straightened out", that guy then preceded to hit a driver off the practice tee, pictures to prove. Free balls December 27-40 balls, Starter on first tee box-not going to practice tee, 2 to 3 people using woods, starter shouts for a name for a tee off time looking right at golfers on practice tee who are using woods. Golfers continue to use woods, pictures, free balls on tee box December 28 -33 balls, ranger on first tee box could not control both first tee and practice tee as lots of woods used on practice tee, free balls December 29 -43 balls, no ranger on practice tee, someone watching practice tee from starter box next to first tee, free balls December 30- 8 balls, one wood observed, no ranger on tee, free balls December 31 -44 balls woods used all day, no ranger observed, pictures taken with long range lens. Numerous hits on house, mostly PM. Free balls .. • 4N 11[11"-K0- . 2149 West Mountain View Phoenix.Arizona 85021 ROOFING SYSTEMS Tel:(602)944-4600 A Division of KY-KO International Fax:(602)944-5931 (low JOB NUMBER ROOFING AGREEMENT DATE /c- 'O Ow 'Name Job Location Source Code Q tel In . S 1, (.1 teQ.e.v$ Street City State Zip Code / 56 L lit cif 5 dlv - d.L... s sa Phone(Home) Phone(Work) Architect 6� 4ifo - - - o letis 937 rric, /4- IT IS MUTUALLY AGREED AS FOLLOWS: I. CONSTRUCTION:KY-KO ROOFING SYSTEMS will furnish the necessary labor,materials and equipment and agrees to perform in a workmanship-like manner and complete for the owners the work detailed in paragraph 2. 2. SPECIFICATIONS: • .:. ce o 00 .1Iofrr o� .« •. C Oc 0 dt 0� t t / ////� ( J t .t f l,.•..�� ..J T .ate! '�a"A'lj _.. .,1: .. • : • C (/ t'`- alit 1r`'° ' 4: C`'`-'c se.c `i"-t t1. • ._," :C., r;:ri rbie- ;. .4 '? t, .'l L,'. eft ; . -. 0 6 • .16 io, , otc)k 4161- ,I 71.1‘7q.:; '' .;,..-c { Q ,.*' - ;. ?, . .r;:ci. /t/.1 .,off, '1. 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'.0 / ilexA v1 t w l-4;a.-• • Any alteration or deviation from the above specifications involving extra costs will:be executed only upon written orders signed both by the owner and a KY-KO representative,and the extra costs will be charged over and above the amountirreferenced in this agreement.All agreements are contingent upon strikes,accidents or weather delays beyond our control.Owner agrees to carry fire,tornado and other:necessary-insurance upon above work.Necessary permits and bonds will he obtained by KY-KO International Roofing Systems,L.L.C. ACKNOWLEDGEMENT-Owner acknowledges that he or she read and'received a legible copy of this including the Additional Provisions and Conditions on the hack reof befo rk was done and that he or she has read and:received aaegiblecopy of,every-Other document that buyer has signed during this negotiation_ (initial). • t:.i.r,:fic:,,g..1 .ni .Ire(' , , 'V: .;:,. ACCEPTANCE- The above prices.sPecifcations and conditions are satisfactoryand.arehereby accepted.You are authorized to do the work as specified.Payment will he as outlined above. Buyer has the right to rescind this agreement within three working days of acceptance. • LKO ROOFI SYSTEMS —/ OWNER'S ACCEPTANCE By 5j -Qo • �--1 s _ 00 REPRESENTATIVE'S SIGNATURE DATE OWNER'S SIGNATURE ACCEPTANCE DATE TO BE BINDING ON KY-KO ROOFING SYSTEMS.THIS AGREEMENT MUST BE SIGNED BY KY-KO MANAGEMENT Manager.KY-KO ROOFING SYSTEMS Date a....-"."-- -':'. 0 E- /~ t (boy ,-- ...-- .„.,..,-'..-7'.-' , ' ,.-•',.,.-:-..:.r.",_.---,'-'--- E , } 9 st + d.;.-- ,. •i.e -tip 44444.-,, ...V... • , 7, .' , ,` f. ‘11 ,J i /'1C.. ".awry +. t to .r • '`per .ice T-0. s.,� ♦ 'Fyr-t (� 4: / I , y ,,. fIt r°J::u •� 4 ,, cY x r 4.` • �+'}�rtr? 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S �:d MA''''' 1-'' -N/ Y? ,.�G : dS'''N! .„ . • C - � f R y ' Y, , r§ pa_ ,r 4i. w ram k"f a 3. Victoria A. Lilly (kw 16830 E. Nicklaus Drive Fountain Hills, AZ February 17, 2001 Mr. Dana Burkhardt Senior Planner Town of Fountain Hills 16834 E. Palisades Blvd. Fountain Hills AZ 85268 Dear Mr. Burkhardt; I am writing to express my objection to the request made by my neighbors to install a 25-foot tall golf ball fence as a Special Use at 16850 E. Nicklaus Drive. It is my understanding that pursuant to the Town's Zoning code, the fence that they have requested may only be installed less than 25 feet from their property line if they receive my permission, as abutting property owner. Therefore, my objection should be sufficient to conclude this matter. However, since this is the second application that has been made to install fencing along the driving range that is behind my property to the east, I think it is important that I explain the basis for my objection as I did in response to the previous application. My late husband and I purchased our property located at 16830 E. Nicklaus Drive in 1984. The presence of the driving range behind the property was very apparent, as it would be to any person looking at property in the area. We thought that the lot was ideal; the driving range left a wide-open greenbelt area behind our home, giving us a panoramic view of Four Peaks to the northeast and the Superstitions and the well-known Gun Site to the southeast. Since the property was not on an actual golf course, we would not have to contend with noisy or disruptive golf carts or golfers going along behind our house. We were willing to pay a premium price for this"view" lot. We knew that being next to a driving range could mean that stray balls would land in our yard, but we felt that the quiet and view would be worth any inconvenience. We were right. The kitchen, breakfast area and family room of my house all look out onto the beautiful view. One of my daughters, who lives in Syracuse, New York looks forward to her annual wintertime visit to escape the cold and snow and the stress of her career. She sits in the backyard of my home and soaks up the sun, the quiet and the view for hours. During my late husband's final illness in 1988, he spent his last days sitting as much as he co uid in r back and also soaking in the sun and the view he loved so mu . our y ., Of course, since the lot abuts a driving range we do get golf balls in our yard. The golf course personnel have been very gracious over the years In assisting me in picking them up. When balls land close to the house, I Gather them and save them until my grandchildren visit. My four grandchildren, who are now reaching their teenage years, sill enjoy a game we created when they were liter.. We take all the collected golf bails and roll them down the cement wash between pry house and my neighbor's. We call it golf bail bowling, and have contests seeing who can get the balls the farthest, skip bads off of each other, and other silty games. In the seventeen years we have lived there. I have never, as far as I am aware, suffered any property damage to my home as a result of errant golf balls. I have seen examples of golf ball fences, and find them extremely unsightly. A 25-foot high wall of black screening running next to my property and along the edge of the driving range, even if it does not directly block my view, would ruin the beauty of the surroundings. While I understand that landscaping would be planted to try to mask the fencing, it sti:l would be visible. I did not purchase my property to at a fortress next door. (Ow More importantly, the proposed fencing will seriously impact my property value. My home is my largest investment. I am considering moving into a retirement home within the next few years, and will use the proceeds from the sale of my home to do so. If this fencing were to go up, it would not just seriously erode my property value, It would make it very difficult to sell. The Town's ordinances and Zoning regulations are enacted to protect the beauty of our town and to enhance e the property values for all of us. I would be irreparably harmed If fencing were erected along the driving range. It is my understanding that the Lueders claim that they were unaware of the potential for stray golf balls when they bought their property. If indeed they were mislead by the prior owner or the realtor involved, I would think that their remedy is against those parties. Neighbors should not have to suffer because third parties mislead the Lueders, and my property value would indeed suffer if this Spedai Use or any other type of fencing were approved. I am submitting this letter in the hope that my position will be abundantly dear to all involved. While I understand that the Lueders have the right to submit requests such as ti'ris one annually, I am hoping that my explanation of my objections will convince them and the Town that I will continue to eject to (low any such proposals so long as I own my property. I am hopeful that in light of %61my position it will not be necessary to go through this process on an annual �` basis. look forward to answering any questions that you may have at the hearings scheduled on this matter, or you may feel free to call me at any time. Sincerely, Victoria A. Lilly L FEB-19-2001 11:5 PM FROM TO 8371404 F.02 2/19/01 4160 PLANNING AND ZONING CON/MISSION, WE HAVE LIVED, AND OPERATED A BUSINESS, IN FOUNTAIN HILLS FOR 2 i YEARS. WE HAVE BEEN IN OUR HOME ON NICKLAUS FOR 15 YEARS. WE PURCHASED OUR HOME FOR THE BEAUTIFUL VIEWS, SERENITY, VEGETATION, ANT)WILDLIFE WE ENJOY SO VERY MUCH. WE WERE FULLY AWARE THAT WE WERE MOVING ONTO A DRIVING RANGE. WE GET BALLS IN THE FRONT, BACK, AND ON THE ROOF. SO, WE ARE NOT INEvIUNE TO GOLF BALLS. WE HAVE PUT UP TREES, AND KEEP THE BACK YARD DESERT, TO HELP PROTECT US FROM SOME OF THE POOR GOLFERS. Mr LUETER STATED LAST YEAR THAT NOTHING WOULD PROTECT HIS ROOF FROM GOLFBALLS. AS FAR AS WE CAN SEE, THERE HAS BEEN NOTHING TRIED, ON HIS PART, TO IMPROVE THE SITUATION. NO LEGAL FENCE, NO PLANTING OF TREES, ECT. SEVERAL YEARS AGO, WE PUT NETTING AROUND ONE OF OUR ORANGE TREES TO PROTECT IT. SEVERAL WEEKS LATER, WE NOTICED THERE WERE 3 DEAD LIZARDS AND A DEAD BIRD IN THE NETTING. WE, OF COURSE, REMOVED THE NETTING AND WON'T DO THAT AGAIN. A 25 FOOT NET WOULD REALLY BE A HAZZARD TO THE WILDLIFE. CAN YOU IMAGINE WHAT IT WOULD LOOK LIKE AFTER A DUST STORM. WE HOPE YOU WILL CONSIDER OUR OPPOSITION TO ANY KIND OF A 25 FOOT NET FENCE. RESPECTFULLY Loy TOTAL P.02 r_�--•---.--- 1n nnnl raUIuaiy i'l,t:,uuI 1' Tow" of Fountain Hills P.O. Box 17958 Fnumain Hills_ Az Fi5.h') Attn: Planning,&Zoning Commission I am writing to you to express my concern over the request for several 25 foot golf fence As Special Use. , qq 1 i do not believe they are in the hest interest of the nnmmunit\7 When we personally chose to buy property along a golf course_ we need to take responsibility for onrr v r, decisions` I am also concerned that once a 25' golf fence is approved,that the flood gates will be opened. 1 am also concerned what happens to the wildlife that fly and roam though our town and come in contact with the fence When e have,: wind dorms who is going to clean up the whatever is stuck in the fence? Si re' • 96,z‘ Lail VY.Lane 411100*- 10 11 N: Indian Wells Tyr. Fountain mills Az 85268 L (11w TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Senior Planner is DATE: February 23, 2001 SUBJECT: Consider a Special Use Permit request, which would allow a 25 foot golf ball net along a portion of the southern property boundary of Desert Canyon Golf Course Driving Range, adjacent to Nicklaus Dr.; aka Parcel "D" of Plat 401-B, Case #SU2000-05. On February 22, 2001, the Planning and Zoning Commission unanimously recommended denial of this special use request. The Commissions primary concern is (ire that this will "open the door" to allow golf ball nets along public rights of way. Staff is requesting approval of this golf ball net to protect the health, safety and welfare of the people traveling along Nicklaus Dr. in Town right of way. Town Prosecutor, Mark lacovino, can answer questions regarding litigation over this matter. Please refer to the staff report for additional details regarding this request. L TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT (1160, MARCH 1, 2001 CASE NO: SU2000-05 PROJECT MANAGER: Dana Burkhardt, Senior Planner LOCATION: Located in Plat 401-B, Parcel "D"; AKA Desert Canyon Golf Course driving range. REQUEST: Consider a Special Use Permit, which would allow a 25 foot golf ball net along a portion of the southern property boundary of Parcel "D", adjacent to Nicklaus Dr. DESCRIPTION: APPLICANT: Pat Parenti OWNER: Desert Canyon Golf Club EXISTING ZONING: "R1-10 RUPD" EXISTING CONDITION: Developed with a single family home PARCEL SIZE: 19.31 acres SURROUNDING LAND USES AND ZONING: NORTH: Indian Wells Dr. and Golf Course, zoned "R1-10 RUPD" SOUTH: Nicklaus Dr. and Single family homes, zoned "R1-8 RUPD". EAST: Golf course, zoned "R1-10 RUPD". WEST: Single family homes, zoned "R1-10 RUPD". SUMMARY: This request is for approval of a Special Use, which would allow a golf course net to be located no closer to the right of way than the required 20' street-side building setback, adjacent to the southern property line of the driving range at a height of 25 feet. Golf ball nets are permitted along golf courses with an approved Special Use Permit subject to specific criteria. Refer to Section 2.02 regarding Special Use Permits and Section 5.09 of the Town of Fountain Hills Zoning Ordinance, which states the Town's regulations regarding golf ball fences. CHAPTER 11 GENERAL PROVISIONS 5.09 Walls and Fences. *'$ A. Height. 1. Except as otherwise provided, no wall (whether retaining or not), fence or hedge, more than three (3) feet six (6) inches high shall be constructed or maintained Lnearer to the front or street side property line than the required front or street side building setback line. Fences or hedges which exceed the above heights may be built around schools and other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof, within Industrial Zoning Districts, when a special use permit has been secured for such purposes. Except as otherwise provided, no non-retaining wall or fence shall exceed six (6)feet in height. (111w Retaining wall heights and non-retaining walls on top of retaining walls with less than fifty(50) percent openness, shall follow the standards in Section 5.11.E. of this chapter, however in no case shall the non-retaining wall exceed six (6) feet in height. These height regulations shall not apply when fences of greater height are required by the Planning and Zoning Commission or Town Council in order to provide adequate screening as required by this ordinance. Note: Those utility companies which are regulated by the Arizona Corporation Commission may be allowed increased fence heights due to national, state or local standards. Golf ball fences may be developed by Special Use Permit if all of the following characteristics apply: (a) Golf ball fences may only be developed on lots that directly abut a golf course or driving range, however, they may not be developed within any front or street-side yard setback. (b) Golf ball fences should only be developed within 600 feet of the forward- most golf course tee box or driving range position. Golf course fences to protect against errant secondary golf shots may be approved due to unusual site or course layout circumstances. (c) Golf ball fences shall be set back from any abutting residential property at a distance not less than the height of the fence. Golf ball fences may be located nearer to such a property line with the prior written consent of the abutting residential property owner. (d) The maximum height of a golf ball fence shall not exceed twenty-five (25) feet. (e) Pole color must blend in with background features as viewed from neighboring properties to minimize its visibility. Net color shall be black. (f) Landscaping should be used where appropriate to obscure the poles from neighboring properties. EVALUATION: The owner of the property has requested this special use due to the number of errant golf balls projected from the driving range of the Desert Canyon Golf Course, into Town right of way. The purpose of this net is to protect the traffic traveling in the public right of way of Nicklaus Drive. This application meets the requirements of the Zoning Ordinance in that the right of way is directly adjacent to a golf course, however, is not located within 600 feet of the forward tee locations. This proposed fence does abut one residential property, and therefore must setback the height of the fence (25') from the abutting property line of lot 42, Block 6, Final Plat 401-B, unless written consent from that property owner is provided. The fence is to be maintained on the applicant's property. It is staffs understanding that the Town has brought suit against the Desert Canyon Golf Club to provide protection to the traffic along Nicklaus Drive from golf balls being projected into the Town right of way. Staff and the Planning & Zoning Commission has heard verbal protests from two adjacent property owners, contending that this net would block views and devalue their property. On February 22, 2001, the Planning and Zoning Commission unanimously recommended denial of this special use request. The Commissions primary concern is that this will "open the door" to allow golf ball nets along public rights of way, in particular Saguaro Boulevard. It was also pointed out that there exists a row of immature Oleanders directly behind the curb adjacent to the Driving range along Nicklaus Drive and also large Eucalyptus trees. The proposed fence is located at a minimum of 20' from the right of way, which is approximately 4-6 feet lower in elevation than the existing curb at that location. This net would be at best approximately 20' above street level. Staff is requesting approval of this golf ball net to protect the health, safety and welfare of the people traveling along Nicklaus Dr. RECOMMENDATION: Staff recommends approval and the Planning and Zoning Commission unanimously recommend denial of SU2000-05, Special Use Permit request to allow a golf ball fence along Nicklaus Dr. Staff also recommends that in order to correct the problems at the driving range that the operator strictly enforce an "irons only" policy for the driving range. L L tAIN o`�r ei Z TOWN OF FOUNTAIN HILLS .44:- ;1 COMMUNITY DEVELOPMENT DEPARTMENT SEECIASUSE_PERMIT APPMATION -444. t.=if ;=y Date File.1 i i I Fee Paid I Accepted Bye, ____) Type of Special Use, _s 8n-D Y YP P Requested t/IM,..i 1, ) (,),_jj ,---1 0_77/._ r::___,L V492 II. Address of Stlrbject Prperty -.-- [Zoning il , I n W ti 0 ..Z►J.Di AJJ LIJt1L be R_J /0 Legal Description: Plat Block Lot(s) i01 - B Applicant Day Phone DEsc1 r CANYOJ c o;.,c. CLUB Poi'- PAT pA►aCIII/ Esc) 1'37 - 1173 Address City Zip `I4 9 I�Dik,J wt.t. De. Owner ov ii 1-�;[.LS 1 gs�� 1 O Day Phone 6 OLI" oTQN4i totJA! ._ (LiSC.)) 13/ 1396 Address City 10 1 I _LkJDiAQ vsiEIGS DR 1 ciUivyArrJ 411u-S SZ- Zi Sig Lure of Owner I HERBY AUTHORIZE(PleaseAS L� Print) Date PATx►C. C J I' is 1 L, . /S I'"" TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public (Seal) Please Provide the Following (attach additional sheets): 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. 3 full size prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the proposed development if the Special Use Permit is granted, as well as the exterior elevations. 3. 1 8.5"X 11" photostatic reduction of each of the above referenced exhibits. '1 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. 5. A narrative describing any adverse impact the proposed land use may have on the surrounding properties and on the neighborhood and what steps will be taken to avoid these adverse impacts. TFH Case Number ee Schedule Attached � r 4 A w 41/Aci DESERT CANYON GOLF(6, CLUB 10440 INDIAN WELLS DR. • FOUNTAIN HILLS, AZ 85268-6240 • 480.837. 1345 • Fax 480.83 7. 1 34 Information Required for Special Use Permit At the Desert Canyon Golf Club Practice Facility Item # 4. Per our agreement with the town of Fountain Hills, a recreational net is proposed not to exceed 25 feet in height, also not to exceed 200 feet in length. The color of netting and supporting structures will be colored to blend into the surrounding area. Item #5. Per our agreement with the town of Fountain Hills, all desert areas will be fully restored. Any landscape irrigation will be tied into the existing irrigation main and additional drip systems. 4160, The use will remain a practice facility. L t 5 tr / if 4 (tar 11(N:."*....... --....., x� \-_ _ -- -� , \ / --& % \ ./ d• *••' rem ro ,K ago �.\ '1 \� ,. \.l 1(7‘ t •\ N i-, _{ 11\ t'I U.) C •� N �g IR r., - o W CI � a II NJ M Pi �- oo R e 53 ► I os. 0��j • a j T. o I 9 mg 1 i i -, tear cn Z7 �- o M �. - • 4%p\¢• rn Z - bol CD -• 0 m; o C) a rn o K - 1-1 -, �\ n m as 1 ; .P rn r, -I , i L.,\, 0 Z 1 0 Z I �' +� ` rn I r , 4,, 37 1 it. %, a < 0 Z 1 ill .\ Z o , 0 O m I ^ i `\ O > `/ t ,3 H Z Z O 1j o VyNire,,, ptki3OCI)vs, m g % , CTI t 41 /rPr4if;4."410 \ t ial I poll*, Vi''.4.1 . . M ..), \ \ � ,, • ,,LT401 \, TEE AREA I , 0 .NP" --.1-. \ �' ----� I ief<- ____________ __ li pig i ill ,X ......— -it"",, --.-rc,-...4 Esc Ora `\ >\ �I �' ------------ _ 4.\•\ \_/- ;� az!.: R.V, ii , .3. , it '° • .c �/' a DESER I CANYON GOLF COURSE ......,DM PIE 12-14-1999 MONTGOMERY ENGINEERING&MANAGEMENT,L.L.C. °rra=If!DIN mow MR 99291 16718 E.PARKVIEW AVE.,SUITE 204 PLAT 401E PARCEL "D" aa,.n ea Cl rar'. AS NOTED FOUNTAIN HILLS,ARIZONA 85268 I ` ,CT AT IDA,, DC OW 10440 INDIAN WELLS DRIVE STE PLAN-FENCE ADDITION (480)837-1845 fox(480)837-8668 ,O. �,� 01:90111.704 or AYERS & BROWN, P.C. ATTORNEYS L 4227 NORTH 32ND STREET,FIRST FLOOR CHARLES K.AYERS PHOENIX,ARIZONA 85018 HARVEY S.BROWN (602)468-5700 JOSEPH M.HILLEGAS,JR. TELEFAX(602)468-9300 BRUCE WASHBURN WILLIAM W.BLACK February 13, 2001 THOMAS G.LUIKENS OF COUNSEL Planning and Zoning Commission Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 Re: Application Nos. SU 00-04 and SU 00-05 (Desert Canyon Golf Club / Lueders) Dear Members of the Commission: This Firm represents the Golf International, Inc., the owner and operator of the Desert Canyon Golf Club. The undersigned, by agreement with their separate counsel, is also responsible for the presentation to this Commission of the above- referenced Application filed by Mr. and Mrs. Dennis Lueders. The purpose of this letter is to briefly acquaint the Commission with the history and background of these requests. The Desert Canyon Golf Club (fka the Fountain Hills Golf Course) (the "Club") was originally established in the early 1960's, and is one of the oldest facilities in the Town of Fountain Hills. The Club preceded virtually all of the neighboring residential development, and the zoning records of Maricopa County (in which the property was then situated) reflect that great attention was paid to assuring that the residential development which did eventually occur would not conflict with the golf course use. For the most part this effort was successful, and the Club continues to be a contributing citizen of the Town. One of the Club's amenities, its driving range, has been in continuous use at its present location since the course first opened. Although the physical length of the range has remained unchanged, largely as a result of technical advancements in balls and clubs its effective length has diminished. This has led to more frequent incidents of golf balls leaving the range, particularly on the south end (the golfers hit from north to south). In 1999 this resulted in the filing by the Town of proceedings against the Club to curtail the problem. The Town Prosecutor and the L Club have agreed, subject to the approval of this Commission and the Town Council, upon a remedy. That remedy is embodied in Application No. SU 00-05, February 13, 2001 Page 2 and involves the erection of a golf course fence 25' in height running west to east along that portion of the south end of the range closest to the hitting area. It is the Club's understanding that the Town Prosecutor has had this proposal reviewed by an independent golf expert and has confirmed that this protective fence should cure any problems. The Club wishes to point out to this Commission that the Club itself first proposed building such a fence in 1998, prior to being cited by the Town. At that time, however, as a compromise with its neighbors along Nicklaus Drive, the Club limited itself to installing an oleander hedge along the south end of the range. The hedge has not proven to be adequate to contain the problem. The second request, Application No. 00-04, has been filed by Mr. and Mrs. Dennis Lueders and requests a permit to build a 25' high golf course fence along the east and north sides of their property. The Club is the adjoining landowner on both of these sides. The Lueders come before this Commission in an attempt to cure a problem which neither they nor the Club directly created. The Lueders are the first residents of their home. They purchased their residence in 1998, at a time when 4161, both the golf course and driving range were closed for renovations. While there is no question that the original owner/builder was well aware that the location of the residence brought it into direct conflict with the driving range (the prior owner had in fact build an illegal fence to try to protect the property), the Lueders have stated that the problem (or at least the extent of it) was never disclosed to them. By the time the driving range reopened for business the prior owner had the Lueders' money and was nowhere to be found. As best anyone can determine, he is still hiding. When the Lueders could not locate the seller, they sought to solve their problem by commencing a legal action against the Club. That suit is still pending, and the range has been operating under a number of restrictions imposed by the Superior Court since late 1999. The construction of the golf course fence contemplated by the Lueders' Application is one component of a comprehensive settlement agreement of that suit reached by the parties after c court-sponsored mediation. While reciting all the details of the settlement would unnecessarily lengthen this letter, they include a number of modifications to the driving range designed to orient golfers further to the east (away from the Lueders' residence) as well as additional protective landscaping. The undersigned will be present at the hearing on February 22 and will be pleased at that time to answer any questions this Commission may have about these Applications. We would ask that the Commission recognize that the Applicants L (Ow February 13, 2001 Page 3 are doing their best to cope with an unfortunate situation which neither of them intentionally created. We would request that the Commission assist the parties in this regard and recommend approval of these applications. Yours very tru , AYERS B WN, P.C. Charles K. y s L L TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Senior Planner T DATE: February 23, 2001 SUBJECT: Consider a Special Use Permit, which would allow a golf ball net along the northern portion of the property, at a height of 25 feet, located at 10822 N. Indian Wells Dr., aka Plat 401-A, Block 8, Lot 3; Case #SU2001-01. On February 22, 2001, the Planning & Zoning Commission unanimously recommended approval of this special use, stipulating the specific location of the golf ball fence. The Town has not received any indication of public opposition. Please refer to the Staff report for additional details regarding this request. If you should any questions, I can be reached at 816-5138. L TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT (11iw MARCH 1, 2001 CASE NO: SU2001-01 PROJECT MANAGER: Dana Burkhardt, Senior Planner LOCATION: Located in Plat 401-A, Block 8, Lot 3; AKA 10822 N. Indian Wells Dr. REQUEST: Consider a Special Use Permit, which would allow a golf ball net along the northern portion of the property, at a height of 25 feet. DESCRIPTION: APPLICANT: Jean Schrader OWNER: Jean Schrader EXISTING ZONING: "R1-8 RUPD" EXISTING CONDITION: Developed with a single family home PARCEL SIZE: approx. .35 acres SURROUNDING LAND USES AND ZONING: NORTH: Indian Wells Dr. and Golf Course, zoned "R1-8 RUPD" L SOUTH: Jacklyn Wash, zoned "R1-8 RUPD". EAST: Singl-family residences, zoned "R1-8 RUPD". WEST: Desert Canyon Golf Course, zoned "R1-8 RUPD". SUMMARY: This request is for approval of a Special Use, which would allow a golf course net to be located along the northern portion of the property at a height of 25 feet. Golf ball nets are permitted along golf courses with an approved Special Use Permit subject to specific criteria. Refer to Section 2.02 regarding Special Use Permits and Section 5.09 of the Town of Fountain Hills Zoning Ordinance, which states the Town's regulations regarding golf ball fences. CHAPTER 11 GENERAL PROVISIONS 5.09 Walls and Fences. *18 A. Height. 1. Except as otherwise provided, no wall (whether retaining or not), fence or hedge, more than three (3) feet six (6) inches high shall be constructed or maintained nearer to the front or street side property line than the required front or street side building setback line. Fences or hedges which exceed the above heights may be built around schools and other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof, within Industrial Zoning Districts, when a special use permit has been secured for such purposes. Except as otherwise provided, no non-retaining wall or fence shall exceed six(6)feet in height. Retaining wall heights and non-retaining walls on top of retaining walls with less than fifty(50) percent openness, shall follow the standards in Section 5.11.E. of this chapter, however in no case shall the non-retaining wall exceed six (6) feet in height. These height regulations shall not apply when fences of greater height are required by the Planning and Zoning Commission or Town Council in order to provide adequate screening as required by this ordinance. Note: Those utility companies which are regulated by the Arizona Corporation Commission may be allowed increased fence heights due to national,state or local standards. Golf ball fences may be developed by Special Use Permit if all of the following characteristics apply: (a) Golf ball fences may only be developed on lots that directly abut a golf course or driving range, however, they may not be developed within any front or street-side yard setback. (b) Golf ball fences should only be developed within 600 feet of the forward- most golf course tee box or driving range position. Golf course fences to protect against errant secondary golf shots may be approved due to unusual site or course layout circumstances. (c) Golf ball fences shall be set back from any abutting residential property at a distance not less than the height of the fence. Golf ball fences may be located nearer to such a property line with the prior written consent of the abutting residential property owner. (d) The maximum height of a golf ball fence shall not exceed twenty-five (25) (likw feet. (e) Pole color must blend in with background features as viewed from neighboring properties to minimize its visibility. Net color shall be black. (f) Landscaping should be used where appropriate to obscure the poles from neighboring properties. EVALUATION: The owner of the property has requested this special use due to the number of errant golf balls projected from the tee box and fairway of the Desert Canyon Golf Course, hole # 16. This application meets the requirements of the Zoning Ordinance in that the lot is directly adjacent to a golf course, and is within 600 feet of the tee location. The fence is to be maintained entirely on the applicant's property. Staff has not received any opposition to this request. The applicant has proposed that a portion of the net be located within the 20' front yard building setback, which cannot be permitted by the Town. The proposed net configuration with respect to the required minimum front yard building setback is approximately 36 lineal feet. A 25' golf ball net at this location would protect the garage and driveway area from errant golf shots. Staff has found this application to meet the minimum requirements for golf ball nets by Special Use, therefore we recommend approval of this request. On February 22, 2001, the Planning & Zoning Commission unanimously recommended approval (iv of this special use permit. Proper public notification was made prior to the public hearing and no objections were received. Two of the applicant's neighbors spoke in favor of the proposed golf ball net, given that it is properly located and screened. In response to the public comment, the Commission has stipulated that the net be located as close as possible to the existing row of trees, and landscape be provided to screen the poles of the fence from Indian Wells Drive. (kw RECOMMENDATION: Staff and the Planning & Zoning Commission recommend approval of SU2001-01, Special Use Permit to allow a 25' golf ball fence, with the stipulation that the applicant locate the net on the north side of the existing row of trees. The net shall be located as close to the trees as possible and the applicant shall provide additional landscaping necessary to fully screen the fence poles from Indian Wells Drive. L L eA TOWN w `} OF FOUNTAIN HILLS •.�� COMMUNITY DEVELOPMENT DEPARTMENT 1 ,:‘,-?1,7110..CAINS010-ERMIVAPPLie-AtitkV.''il. -41,,,tv-t-..4k.,,--- Date Filed I Fee Paid ? 4 Accepted By / 1,‘- C/ %)5D -f- c r- CiaL224 ,4-t- Type of Special se Requested p ��STALL-AT/ON ��- GO�� - % �-�o; CTL/k,�S �.ceo� .fT� Address of Subject Property Zoning /49,k- /va. 4/3/.9/1( `� -'7_r_5' --D'O V Legal Description: Plat Block Applicant Day Phone Tg4v . . Sc HeA,D&,e yo_ &4— //ss— Address ��// //,, // J p /.0 F.2.2 ' 6 . ��//9 N k/-L L s- ar _T,.rT.v,,✓ h`/L.�S ST Z�`SJ7�Ii P Owner Day Phone S.9��_ Address City ST Zip Signature of Owner I HERBY AUTHORIZE(Please Print) Date 4110 .,:--).... La/2.../k.a_e./... 7Q....;,-.. _ / .2G7 G / TO FILE THIS APPLICATION. c Subscribed and sworn before me this day of 19 My Commission Expires Notary Public (Seal) Please Provide the Following(attach additional sheets): 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. 3 full size prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the proposed development if the Special Use Permit is granted, as well as the exterior elevations. 3. 1 8.5"X 11" photostatic reduction of each of the above referenced exhibits. 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. 5. A narrative describing any adverse impact the proposed land use may have on the surrounding properties and on the neighborhood and what steps will be taken to avoid these adverse impacts. TFH Case Number Fee Schedule Attached Application for Special Use Permit (by Town of Fountain Hills Community Development Department Requested by Applicant: Jean D. Schrader 10822 N. Indian Wells Dr. Fountain Hills, AZ 85268 Legal Description: Plat 401-A, Block 8, Lot 3 My niece, Laurie Quinn, and I purchased this property and closed escrow on April 10, 1998. Subsequent to that, I purchased her interest in this property on June 28, 1999. When we purchased this home, the former owners did not disclose the fact that we were within the "fire line" of Desert Canyon Golf Club on the ]6th. hole. The former owners had carefully had the garage door and stuccco above it repaired so that there were no noticeable holes or marks from errant golf balls. This past year I have had over 100 golf balls land in my driveway, on my roof, and in both the front and rear yards of my home. I have almost been hit by errant shots from golfers, as have some of my family and friends. My garage door has received such hard blows that some of the golf balls were wedged into the door. (by I enjoy my home here in Fountain Hills and wish to remain here, so I have ordered a new garage door (made of steel & covered with thick plywood) . I am requesting that I be permitted to have a "golf net" , which would be, as you can see from the enclosed estimate by Judge Netting, at a considerable expense to me, but I feel it would be worth it to protect myself, my family and friends. For specifications on the "golf net" please refer to the 3 pages attached to this request from Judge Netting. I have included photographs of my front and rear yards, and the garage door and stucco above it, which looks as if it had been riddled with machine gun bullets. There would be no adverse impact on the proposed land use, and in talking with my neighbor, Ken Creta, who lives directly across the street from where I propose to erect this golf net, he had no objections. Please help me make me, my friends and family safe by approving this application. Sincerely, L)404,-cw._evee-,4.- 41w Jean D. Schrader 4 o . t-.) ..iir,all ...„ v iiiini c, 0 illlq,.) 4" e € 04 0 i At _e'dt a 4, ..4e: .:. A .I.0 . \l/ LOIN vt �J,,:,.. 74 v -- .4 : r�.. • •j • Arli . • 1. �,� s!. l .. t • .: .. r jfe• ' •. e i I r:' . .4 I p yitt ti ; . •. . l• •,.•* ,•••( it ,•'. ‘ 43 I s,t • S 'igi I 1 .::•." r. .. k -:. I 11111 it i? : ;7 pw., ,... • t.:'..:;?' ��1�/ , , •r . 4 9% • • 6:1 kocA; 0 IT • • • ! 4 rsh 45) 14' 1 • I.4'-...., . • . 70...... lintel 0 ..•... , ,a Tiiiiii,,, #4,„ .... . ., ger .--•• •. .1 e ,-I' 4::.,,. ,..#14•.•per•• ..:. ® co J , .. ., 0 i. --.; . :::_ -,- ri 1 I tql; (c) .4,..0 .. Ah. 0 ItD i.T eixt t i . wirlie e ay 0 I „Jo ©It ® I ...4, A Alltleilir ' „ 4 IgIMINAI 4D 111,S a) 6) 10 falliklimp 4 III 1r17"11.111' } r.A11111. TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Jesse Drake, Senior Planner Jtj DATE: February 15, 2001 SUBJECT: Consideration of the Special Use Permit for" Wireless Communication Facility at La Vida Buena Condominiums". This request is for approval of a Special Use Permit which would allow a Wireless Communication Facility consisting of a new equipment shelter adjacent to an existing condominium unit, and a new flagpole containing stealth antennas, to replace the existing flagpole within the common area of the La Vida Buena Condominium complex at 16263 East Chiquita Drive. Please refer to the attached Staff report for additional details regarding this request. (lbw TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION AND STAFF REPORT March 1, 2001 CASE NO: SU2000-09 PROJECT MANAGER: Jesse Drake LOCATION: 16263 East Chiquita Drive at the La Vida Buena Condominium complex. REQUEST: Consideration of a Special Use Permit, which would allow a wireless communication facility consisting of a new equipment shelter adjacent to an existing condominium unit, and a new flagpole containing stealth antennas, to replace the existing flagpole within the common area of the condominium complex. DESCRIPTION: APPLICANT: Michael J. Cronin for Sprint PCS OWNER: La Vida Buena Property Owner's Association EXISTING ZONING: R-4 EXISTING CONDITION: Existing multi-family condominium complex SURROUNDING LAND USES AND ZONING: NORTH: Proposed Fountain View Village nursing home, zoned "C-2" S.U.P. SOUTH: Existing Ridgeview Apartment complex, zoned "R-4". EAST: Vacant land, zoned "C-2". WEST: Lutheran church and vacant land, zoned "R-4". SUMMARY: This request is for approval of a Special Use Permit, which would allow a wireless communication facility consisting of a new equipment shelter adjacent to an existing condominium unit, and a new flagpole containing stealth antennas, to replace the existing flagpole within the common area of the La Vida Buena Condominium complex. Sprint PCS proposes to replace the existing 52 foot high, twelve inch diameter flagpole with a stealth flagpole 49'-8" high, sixteen inches in diameter. The flagpole will be painted white and will fly the American Flag. The interior of the proposed flagpole will contain two sets of three antennas, stacked one above the other. The antennas are in compliance with Federal Communications Standards for radio frequency exposure. Both the antennas and the cabling connecting the antennas to the equipment shelter will be concealed within the proposed flagpole. The cables will continue underground to the proposed 25'W x 15'D x 8'H equipment shelter. The proposed equipment shelter, to be located within an existing landscaped common area, will be constructed of concrete block, stuccoed, textured, and painted to match the existing condominium complex. The east side of the equipment shelter will contain a locked 4' W x 8'H wrought iron gate with privacy slats. The south side of the equipment shelter will consist of the north will of an existing condominium unit. The north and west ‘iw sides of the equipment shelter will be planted with oleanders for screening. A pad site is provided for the proposed emergency generator that may be used as temporary, back- up service for the facility in the event of a power outage. The Town has received a letter from the La Buena Vista Property Owners Association stating that they are in support of the project provided that the applicant work with the Property Owners Association in regard to the removal and replanting of the landscaped area. The Association also requests that the emergency generator area have stipulations applied regarding usage and paving. The applicant has agreed to work with the Property Owners Association to ensure that all final details are addressed and accommodated. EVALUATION: Wireless communication facilities are permitted in residential zoning districts with an approved Special Use Permit. Sprint PCS proposes to utilize an existing flagpole in the community. This proposal meets the goal stated in Chapter 17, Section 17.01 of the Zoning Ordinance regarding wireless telecommunications towers and antennas specifically in that this proposal would minimize the total number of towers throughout the community; and would use an existing tower site as a primary option. The reuse of an existing pole site would reduce the adverse visual impact on the community The proposed pole is setback twenty feet from an existing dedicated street and therefore (16., does not comply with the required 100% of height setback requirement. However, a waiver of this requirement is recommended due to the fact that this is a replacement of an existing pole at a lower height. The proposed equipment shelter exceeds the allowable 3.5 foot height limit in a residential district and exceeds the allowable twenty (20) square feet of gross floor area. A waiver of this requirement is recommended due to the fact that the oversized equipment required for the facility will be visually proportional to the existing structures at the site and will be screened with landscaping materials. RECOMMENDATION: Planning and Zoning Commission recommended approval of SU 2000-09, "Wireless Communication Facility at La Vida Buena Condominiums" on February 22, 2001 " with the following stipulations: 1. That the applicant provide engineering calculations and details and specifications for the new pole and foundation with the building permit submittal. 2. That the applicant provide landscaping and emergency generator parking in a manner approved by the La Vida Buena Property Owners Association. 3. That the antennas remain at the azimuth directions of 0, 120, and 240 degrees as indicated in the plans. (imw Staff recommends approval of SU 2000-09, "Wireless Communication Facility at La Vida Buena Condominiums" with stipulations. ylk° VP ;s TOWN OF FOUNTAIN HILLS .�� ; COMMUNITY DEVELOPMENT DEPARTMENT Date Filed I Fee Paid A Accepted By Type of Special Use Requested tA1 S r 1 I C140 '�� Rake �� s Cv�nrt��c qT4-►s �- yn Address of Subject Property Zoning Rove) e. G Qu LT R 4 Legal Description: Plat Block L.P V'!Ot 6J�A CO•aod Qs TIT1 Co n v Lot(s) Applicant Day Phone 4tci4iei J • G�ohli�l AddressCit 4��S N DQ.a , 1 L 't I y X14 Zip Owner � ��2� V4 YID A FeoWely O k'S Ardsocityrroi Day Phone MW: JegiaNi l JIt p4 Address C,�'Q J`m ( City � sv 41tA,,S ST Zip Signature of Owner �''Z. Si 9 I HERBY AUTHORIZE(Please Print) Date E AT -4c yer) ur rr -0-4z TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public (Seal) Please Provide the Following(attach additional sheets): 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. 3 full size prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the proposed development if the Special Use Permit is granted, as well as the exterior elevations. 3. 1 8.5"X 11" photostatic reduction of each of the above referenced exhibits. 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. 5. A narrative describing any adverse impact the proposed land use may have on the surrounding properties and on the neighborhood and what steps will be taken to avoid these adverse impacts. ,,,nee Schedule Attached TFH Case Number v -Dfi bumf' (iwe Property Owners Association February 11,2001 Ms.Jesse Drake,Senior Planner Town of Fountain Hills P.O.Box 17958 Fountain Hills,AZ 85269 Dear Ms.Drake: ardin Pla_ n_ ning Case STT2OOQ-9 Proposed_Special TTse Permit for Wireless Communications Facility at La Vida Buena Condominium,located at 16263 Chiquita Dr.the Board of Directors of La Vida Buena P_O-Alrequests that the following items considered as stipulations in the granting of the Permit. 1. That the rose bed be specified as being serpentine in configuration located near the curb at the site.with approximate dimensions of.eight feet by sixty feet. That the planting bed be excavated to 24 inches and refilled with planting soil recommended by the Scottsdale Rose Society The Society recommends that new roses he planted only during the fall or winter growing season. We request that if the project is finished before an appropriate planting time, the contractor provide at the end of.th _pros. m s n c.ssary for procuring and planting 28 rose bushes to our specifications so that we may arrange for a Fall/Winter planting 2_ That the..La Vida Buena Landscape provider either complete the necessary irrigation modifications and be reimbursed by the project,or at least be in charge of said installation work.,_with the right to acceptor reject work done by others (111w 3. That the potential parking space for an emergency generator trailer be paved with a paving material suitable to.accept_the_weight_of the,trailer inwet_weather conditions,and with an appearance acceptable to the Association 4_ That when an emergency generator is necessary and must he parked at the site,it be removed not more than 24 hrs after the restoration of power. 5_ Thatthe Association be..granted__access to_.the_equipmentenclosure on a regular basis to inspect for termite damage to the building adjoining the enclosure. 6_ That the three Olive trees in the area of the improvement he removed as part of the project. 7. That the proposed plantings in front of the enclosure wall be approved as to variety and size by the La Vida Buena P.O.A. 8. That all disturbed lawn areas will be fully restored by the contractor. We.on_the Board of Directors are unanimous in our support of this project and hope that it can be allowed to proceed at the earliest possible time. Sincerely, Jens nt d of Directors (law Page:_.1 16263£ Chico,#102.Fowtain Hills.Arizona 85251i_ A L 2/27/01 FOUNTAIN HILLS TOWN COUNCIL, EDWARD & JOANNE bode 16822 E. NICKLAUS, LOT 44 DUE TO PLANS MADE LAST NOVEMBER, WE ARE UNABLE TO ATTEND THIS MEETING, BUT WANT TO VOICE OUR OPPOSITION TO A 25 FOOT NET FENCE. Mr. Lueter stated last year, that nothing would protect his roof. Since this was presented to the Council last year, we cannot see that they have done anything more to protect themselves. A legal 6 foot block fence, and some large trees could have given them some protection during the time they have lived there. It seems to us, that their complaint should be with the seller and real estate company. We do have sympathy for but don't them, feel that they have done enough for themselves to make their situation improve. Nothing will ever protect anyone completely that is living on the driving range, or on the golf course from golf balls, except completely encompassing them with netting. The only other solution, we can think of, is to close the driving range. We would be very opposed to either solution. Last year there was one request for a 25 foot net fence. This year more requests. We are setting a precedent here that we will have to live with for a long time. We are not immune to the problems of golf balls. We have had things broken, been hit, and have ball marks in our stucco. We purchased a home on a driving range. Our roof and backyard are full of golf balls. We even get balls in the front yard. The golf course isn't aware of our damage, because we have taken care of these problems ourselves. We have built up around our pool and planted some trees for extra protection. A (hor The 25 foot fence, aside from being a big eyesore, catches debris, kills wildlife, and we can't imagine what it would look like after a dust storm. We truly hope a solution can be found, without a 25 foot net fence. THANK YOU FOR YOUR TIME 111 or v/a L L Chron (IV 449 11$ 3� Town of FOUNTAIN HILLS 3o mn; ,I o• Engineering Department 4 wthat is PitiPv MEMORANDUM TO: Hon ble Mayor and Town Co cil FROM: a dy L. arrel THROUGH: Paul DATE: February- 3, 2001 RE: Traffic (Fire) Signal Project Bid Award Bids were opened on February 22, 2001 for the traffic (fire) signal project at Palisades Blvd at Avenue of the Fountains (Bid No. ENG 2000-09). Staff is in the process of checking references and analyzing the bids. A staff report and recommendation will be distributed to Council early next (kw week. bb L E:\Bids\ENG 2000-09 Staff Memo.doc Page 1 of 1 Fire Signal Project.doc Chron 54 w° 1 � o Town of FOUNTAIN HILLS bo Engineering Department no • b gte at is MEMORANDUM TO: Honora. e Mayor and Council FROM: an L. ,,I el qtovilly... } THROUGH: PaJ 6, in DATE: Feb ary 28, 2001 RE: Traffic (Fire) Signal Project Bid Award In analyzing the five bids received on February 22 for the above project, a potential significant irregularity was found in the low bid. Staff has contacted the low bidder and the Town Attorney in (11, this regard. We anticipate resolving this irregularity and will recommend an award to a bidder prior to the next Council meeting. We would, therefore, recommend that this item be removed from the agenda,if still possible, or else continued to the next Council meeting. bb cc: Paul Nordin Bill Farrell Tom Ward Scott LaGreca/FHFD L "%IN, o � (iwm Ate' MEMO TO: Honorable Mayor and Town Council Members FROM: Bev Bender,Exec. Assistant to the Town Clerk RE: Agenda Item#16—Crestview Subdivision Signage DATE: March 1,2001 Attached in Bill's memo regarding Agenda Item#16, which has to do with the master developer wanting to construct monument signs in the public right-of-way at the two entrances to their Crestview Subdivision. Town of Fountain Hills Co' Memorandum DATE: February 23, 2001 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Director of Community Development tF\- THROUGH: Paul L. Nordin,Town Manager SUBJECT: Town Council consideration of Ordinance 01-08 to amend Section 7-2-1, Conformance to Zoning Ordinance,of the Fountain Hills Town Code. Over the past several years the Town has modified its Zoning Ordinance regulations many times. In several instances developers have applied for building permits just prior to the effective dates of the ordinances that have modified Zoning Ordinance regulations. In some instances developers were not ready to begin construction but applied for building permits to "grandfather" their developments under the regulations in effect at the time of building permit application. These developers then requested and were given extensions to their building permit applications and did not actually pull those building permits until many months (and in one case one year) after the point in time when the building permit application would normally have expired. Coe In other cases developers with approved building permits requested and were given extensions to their approved building permits without actually beginning construction. In yet other cases developers desiring to maintain approved building permits having non-conforming characteristics with recently-adopted zoning regulations made minimal construction progress over extended periods of time in order to maintain approved building permits. In all of these cases developers have desired to develop their properties under the zoning standards in place, but were not able or willing to develop their property within the time limits established by the building code. These developers have circumvented the effective dates of many Zoning Ordinance modifications by requesting and receiving extensions to building permit applications and approved building permits for, in some cases, years so as to avoid the Zoning Ordinance modifications that would have been effective given their normal permit review and construction timelines. The Planning and Zoning Commission initiated discussion of an amendment to the Town Code which, if adopted, would establish procedural regulations relating to the extension of permit applications and approved building permits when projects have characteristics which are inconsistent with newly-modified zoning ordinance modifications. This amendment would have no impact on developments that pull building permits within 180 days of building permit application, and those developments that are actively developed. On February 22, 2001 the Planning and Zoning Commission recommended Town Council approval of Ordinance 01-08 by a vote of 7-0. In order to ensure that new development complies with modified zoning regulations within reasonable time limitations, staff recommends that the (itir Town Council approve Ordinance 01-08,attached. ita I PROPOSAL FOR TOWN OF FOUNTAIN HILLS, AZ. is Town Manager Paul Nordin Law Enforcement Agency Study Lou Reiter and Associates Rhode Island a a Mission Evaluate various methods available for the delivery of law enforcement services to the Town of Fountain Hills which will conform to the present depth and breath of law enforcement services currently being provided by the Fountain Hills Marshals and Maricopa County Sheriffs Office. Potential outcomes a • Continuation of the present system • Development of a different functional and operational mix between Fountain Hills personnel and Maricopa County Sheriffs Office units • Creation of a system of total law enforcement responsibility by the Town of Fountain Hills • Evaluate the issue of marshal versus police officer designation • Develop a budget projection and suggested time table should any change be recommended •(ow 1 Fountain Hills Proposal Considerations essential to the parameters of the study • Ensure delivery of best possible law enforcement services to the community consistent with the scope of the current community oriented police mission statement of the Town ffq • Continue the maintenance of good relations with the Maricopa County Sheriffs Office Essential and included tasks for evaluation ii • Evaluate budgetary implications for both capital and personnel elements involved in any recommended change • Investigate alternate methods to maintain support services beyond 4110 routine patrol, investigation and community oriented policing (as example, specialized tactical units, critical incident investigations, homicide investigations, and traffic homicide investigation) • Determine the legal parameters of Town and County services us 'or • Identify any revenue generation from law enforcement services currently not benefitting the Town • Delineation of the current level of law enforcement professionalism and, if observed, identification of enhancement potentials with specific recommendations • Identification of liability potential, if observed, and the development of recommendations for elimination or mitigation of any potential Interview process Ourpast experience has demonstrated the value of interviewingas manyof the ► P persons directly involved in the law enforcement of the community being assessed. These persons have the potential to provide the study team with valuable and essential information. It is important to involve them as much as possible in the process to develop a sense of their ownership in the process. r „ow 2 Fountain Hills Proposal L Our practice is to interview the selected person normally at his/her place of kr, assignment. With field officers we will normally coordinate our interviews to coincide with their patrol time and, whenever possible, we will conduct them during ride-alongs. se N4 Office personnel will normally, depending on the environment, be interviewed at their desk location. These interview locations seem to open up the communication and tend to relax the person being interviewed. Some persons, however, will be interviewed in a designated interview location. All study team members will meet with the Town Manager, Public Safety Director, Town Attorney, Town Prosecutor, and Municipal Judge, either prior to or during the on-site work'. The primary members of the study team (Lou Reiter and Pat Gallagher) will meet individually with the Mayor and members of the Town Council and command personnel of the Maricopa County Sheriffs Office (Undersheriff Sheridan and, if possible, Sheriff Arpaio). The remainder of the interviews will be conducted by individual members of the study team. We have targeted interviews with the following personnel: Fountain Hills Marshals2 • Supervisors • Field marshals • Dispatchers • Volunteers is mowie • Maricopa County Sheriffs Office • Unit commander • Sergeants • Detective sergeant • Detectives • 8 patrol deputies (one-half complement) These law enforcement personnel interviews normally last 45 minutes to one hour. During some audits of communities we have conducted what is commonlysit referred to as a "focus group" process involving members of the community. This can 1 There would be an increase in the cost of the study should the Town request this meeting with selected persons be conducted at a time other than that period scheduled for the actual on-site study. This would require a separate trip and we would conduct this separate meeting with only the two primary study team members. The added cost would be$3700. 2 It is understood that normally about 10 percent of personnel will be unavailable due to vacation, training or personal schedules. 0 "o'' 3 Fountain Hills Proposal be divided between business and resident groups. These do require a little more time of the study team. It would be a requirement of the Town to identify and invite these L persons to the focus group meeting. The size should range from 10-15 persons. These meetings normally require 2-3 hours each. This would be exclusively a decision for the Town whether or not the focus group concept should be used in this study. Town support necessary • Provide the study team with necessary documentation prior to arrival for the on-site study3 • Coordinate and schedule the interviews • Select and arrange any desired focus group meetings • Assist with on-site arrangements for the study team • Provide space for the study team including al • Telephone availability • Computer hookup 16 11w • Privacy • Interview capability • Assist with tabulation of personnel, deployment and budgetary data The study team would encourage as much direct involvement and assistance from the Town in the on-site analysis of budgetary and personnel issues. This would be beneficial for both the study team and the Town. This active involvement would ensure realistic and timely assessments and allow the study team to fully discuss its perspectives and be available to have direct input from the point of view of Town personnel. 3 This documentation will be determined mutually between both parties, based upon available data. Normally included are the budgets for the past three(3)years, contract with the County for law enforcement services, Department of Public Safety manuals, rules, procedures, etc., Town Marshal and Sheriffs Office deployment data, investigative workload, calls for service statistical information and other specific information which will adequately orient the study team to the law enforcement services provided its to the Town. L 1:41°. 4 Fountain Hills Proposal Study team members (resumes are attached) 169 Lou Reiter, team leader, has been involved in law enforcement for nearly 40 years. Hespent 20 with the Los Angeles Police Department retiring in 1981 as a Deputy Chief of Police. Since 1983 he has been a police consultant. He conducts 15-20 training programs each year reaching over 1000 police supervisors and managers. He normally conducts 3-7 police agency audits each year of agencies ranging from 3 persons to 39,000 persons; however, most of the agencies have had 20-150 personnel. He has been retained as an expert in nearly 800 police related litigation matters. G. Patrick Gallagher has been involved directly with law enforcement for over 30 years. He was the Director of Public Safety in South Bend, IN., Director of the Florida Police Standards and Training Commission (POST), director of numerous police executive training agencies, and a private police consultant since 1984. He has audited police agencies on a continuous basis. He has had extensive involvement with the Public Risk Insurance Management Association. Marilyn McFadden is a lawyer and has been a certified police officer in Florida. She currently teaches a graduate program "Legal Issues in the Criminal Justice System" for Roger Williams University. She has taught police officers throughout Florida and Rhode Island. Marilyn's primary legal experience has been in insurance trial defense, State of Florida Department of Transportation litigation unit, criminal appeals for the Florida Attorney General, and criminal prosecution for the Second Judicial Circuit of "'fir, Florida. Mary Kealoha was formally trained in the health field as a nurse and has functioned as a nursing consultant. In the early 1980's she served in various management assignments in the area of child abuse. Since 1984, Mary has been actively involved in law enforcement organizational and management development and training programs. She has been an integral team member on five other police agency audits. Ms. Kealoha and McFadden will assist the primary team members with the interviews of personnel. Should you desire to use the focus group approach with community members, they will be the primary facilitators of that process. Members of this team, either individuallyor as a member of the same study team, have conducted audits of the following Arizona law enforcement agencies: • Arizona Department of Public Safety • Maricopa County Sheriffs Office • Cochise County Sheriffs Office • Chino Valley Police Department • Gila County Sheriffs Office LL5 Fountain Hills Proposal Study cost • Total cost $35,600. • Five on-site work days by four (4) members of the study team during x February or March, 20014 • Preparation of a draft report prior to May 1, 2001 • Discussion/study session with personnel selected by the Town Manager and the two (2) principal members of study team following submission of the draft report • Finalization of the study report The payment of$20,000 will be due within 30 days of the delivery of the draft report and the remainder of the contract price will be payable 30 days following the discussion/study group presentation. Should this latter presentation occur within 30 days of the delivery of the draft report, the entire amount would then be payable within 30 of the presentation date. Should the Town elect not to conduct any discussion/study air group presentation, the remaining balance will be due no later than June 15, 2001. mi low a yy 4 This is subject to the schedules of the study team members and the availability of Town personnel. Imar* 6 Fountain Hills Proposal a k a Lou Reiter and Associates is a professional consulting firm providing law enforcement with training, research, audits and litigation assistance. The group has been active in this field since 1983. The group consists of a network of other private consultants covering a wide range of law enforcement related topics. Lou Reiter has 39 years of experience. The first 20 years he was a member of the Los Angeles Police Department and retired in 1981 as a Deputy Chief of Police. He held over 20 positions with that Department. He provides 15-20 training programs each year reaching over 1000 police practitioners,principally in the area of administrative investigations. Lou conducts 3-7 police agency audits each year. These agencies have been as small as 3 persons to a 39,000 member agency. Most are in the range of 20 to 180 personnel. He has been retained in over 750 police related civil cases with a 60/40 ratio between plaintiff and defense. Marilyn M.McFadden,JD,MPA,BA specializes in issues of domestic violence and misconduct particularly its application in enforcement and prosecution. She is intimate with the practices of dealing with domestic misconduct involving police employees. She has legal experience in insurance trial defense, civil litigation, criminal prosecution as a deputy State Attorney and criminal appeals for the Florida Attorney General. Marilyn took time off from her legal practice to attend a full time police academy, became a certified Florida law enforcement officer, and worked as a reserve deputy for the Leon County, FL., Sheriffs Office. Sue Carter-Collins,PhD,JD,BA specializes in sexual and racial harassment/discrimination issues,as well as other police related employment issues. Her doctorate is in Criminal Justice from Florida State University. She has been a deputy sheriff, corrections officer, Public Defender, State Prosecutor and Police Legal Advisory for the Tallahassee, FL., Police Department. She regularly conducts police training and audits of police agencies. L 41w I ay r :yr5 .�..R vs ems, '' sm s �� ° q• � a �� .c,,F'"� : • LOU REITER &ASSOCIATES...99 fort avenue, cranston, rhode island 02905 401.467.9508...401.467.3765(fax)...800.386.8631 (pager)...LREITER583@AOL.COM ....,,;,. a .-...: . .,.. :.,w. :. ..n.. ::Ta ,..va:;.,Hu,.:,. e. n::>.'x.:.. z.sx�tes ``ra, an . S;?r., -'R.e'°.' a.3. ,•Yz.'; r � `:; ' +P;z, ..,� '.�'.'r:. S • Lou Reiter has been the principal consultant with Lou Reiter&Associates since its inception in 1983. In that capacity he has been providing professional consulting to law enforcement agencies in three primary areas: +I (1)training, (2)agency audits and (3) litigation services. TRAINING Wit Illw Lou Reiter typically conducts 15-20 training seminars and programs each year involving approximately 1000 persons. These presentations range in time from 3 hours to five(5)days with the majority being a two(2)day seminar. Normally attended by police supervisors, managers, command personnel and litigation/risk management elements,these seminars involve police practitioners from federal,state,county and municipal law enforcement agencies. a The most common areas of presentation and instruction are: • Managing the Internal Affairs function, police discipline and the citizen complaint process. • Investigation of critical incidents-officer involved shootings, use of force, and pursuits/emergency responses. • Police discipline. • Use of force and deadly force issues. • Police pursuit/emergency response issues. • Investigative procedures and supervision. '` ■ Personnel practices. • Supervisory techniques. • Liability management. • Policy and procedure development. j ■ Jail intake procedures. • Management effectiveness. TF NO (Iime These training programs have been presented in the following states for police training academies, private training groups, public agencies, governmental entities and academic facilities: California Virginia Arizona North Carolina Florida Maryland Nevada Illinois Georgia Ohio Utah Oklahoma New York Indiana Colorado Louisiana Texas Wisconsin Oregon Mississippi South Carolina United Kingdom Washington New Mexico Massachusetts Minnesota Hawaii Alaska Rhode Island Missouri Vermont Tennessee Pennsylvania a LAW ENFORCEMENT AGENCY AUDITS a These types of agency audits take on many different forms. Some are designed to identify the strengths and weaknesses of the agency, make recommendations and present specific timetables for implementation. Others are specifically designed to evaluate the agency's liability potential, make recommendations and suggest implementation strategies. Some involve budgetary concerns and consideration of consolidation of police jurisdictions. Occasionally the purpose is to conduct an administrative investigation using external investigators due to sensitive or political potential conflicts of interest. Some are accreditation and re- al accreditation on-site assessments for the Commission on Accreditation for Law Enforcement Agencies, Inc. These audits are conducted either as a one-person unit or as a member of a larger team of police professionals, although not more than six (6) total. Most of these are through contracts with the affected governmental body. Some are through a litigation or risk management unit. Lou Reiter since 1983 has audited law enforcement agencies as small as three (3) persons to as large as 39,000 personnel. They have represented municipal, county and state entities. Normally, he conducts 3-5 of these audits each year. During these forms of audits, he rides with line officers and first level supervisors for nearly 100 or more hours for interviews and direct observation of field implementation. The primary areas of focus during these audits are: • Citizen complaint procedures. • Discipline, internal affairs and early warning systems. • Personnel practices including selection, hiring, EEOC/AA, promotion, assignment and retention. • Specialized operations including traffic, investigations, narcotics, vice, intelligence, emergency response teams and unusual occurrence units. • Organizational structure and command responsibilities. ■ Police department governance. • Policy and procedures development. • Use of force policy and procedures. • Investigation of critical incidents. ■ Training and training documentation ali • Use of police resources • Support functions including communications, records and detention and holding facilities. L law LOU REITER RESUME...2 (Iliv These types of agency audits have been conducted in the following states: ii Florida Delaware New Mexico Texas Georgia Pennsylvania California New York Arizona North Carolina Illinois Rhode Island Colorado South Carolina Wisconsin Louisiana Ohio Virginia Tennessee iii LITIGATION SERVICES Lou Reiter,since 1983,has been involved in over 700 law enforcement civil litigation cases and a few criminal ill matters. He has acted both as a consultant and testimonial expert witness. These have been in Federal and local courts. He has worked with plaintiff attorneys approximately 60 percent of the time and the remainder with defense units. He has also been employed in this area by insurance entities, risk management pools, local prosecutorial offices and the United States Department of Justice. While there has been a wide range of specific law enforcement practices and procedures which have been involved in these cases,some of the more common issues addressed in case development and subsequent I testimony have been: • Field procedures including tactics, arrest techniques and pursuits/emergency response ,t driving. 11 • Standards of police misconduct investigations. • Use of force and deadly force. • Supervision. lb VW ■ Investigative procedures, including warrant applications, informant control and use, and search warrant processes. • Jail intake procedures. ii ■ Police management. • Personnel practices,including hiring,retention,remediation,background investigations,use of professional counseling services and promotion/assignment. , • Investigation of citizen complaints. MI • Employee discipline. • Police policy and procedures development. • Police training. These litigation services have been in the following states and jurisdictions: Vim# Florida Oregon Tennessee Delaware a Georgia New Mexico Minnesota Connecticut Alabama Arizona Ohio Maine Mississippi Alaska South Carolina New Hampshire Louisiana Hawaii North Carolina Puerto Rico a California Montana Virginia Rhode Island Texas Wyoming District of Columbia Washington Missouri Colorado Maryland Wisconsin el Illinois Kansas Pennsylvania Massachusetts Indiana Oklahoma New York Idaho Michigan Iowa New Jersey Kentucky I. imoi LOU REITER RESUME-3 411V • .,s .!'s .:<FE"` ;;:i.E,A^.cF'< xz ♦'' ria, ° r x`n°/> .r a'; 'z's < x .w. ;... x w,�, .3 y .. ^�?' ., ., a9� ,k �g^w `a"�w„ M # � . :.F>�b�" x5 �-'-& ,5.1, PRIOR.ACTIVE POLICE, PE IEN ;3 6xh • Lou Reiter was a sworn member of the Los Angeles Police Department for 20 years between 1961-1981. He began as a police officer and retired as a Deputy Chief of Police. During that tenure he served in over 20 assignments. Some of those assignments included: Promotion schedule. • 1980 Deputy Chief of Police ■ 1976 Commander ■ 1974 Captain • 1970 Lieutenant ■ 1966 Sergeant ■ 1961 Police Officer Personnel and Training Bureau,Commanding Officer. As a Deputy Chief directed the operations of three (3)divisions and two (2) major sections, involving over 300 employees. ► Responsible for all training, personnel management, recruitment and selection, employee- management relations and behavioral science services ► Responsible for the successful implementation of the 1980 Consent Decree requiring increased hiring of females and minorities ► Chairman of the Use of Force Review Board which adjudicated all officer-involved firearm discharges, serious injuries resulting from police action and in-custody deaths ► Caused the initiation of a unique peer counseling program for employees and a transfer VW' system for"burned out"employees from high activity areas and assignments. Operations West Bureau Commanding Officer. Directed all police operations(patrol,traffic,investigations and vice/street narcotics) in the Western quadrant of the City with four(4) geographic stations and one (1) traffic division involving over 1400 employees. Planning and Fiscal Bureau Commanding Officer. Directed the operations of five(5)divisions, involving over 400 employees. ► Responsible for the$310 million Police budget preparation and management ► Automated systems ► Planning and research ► Communications f Guided the development of the Emergency Command Control Communications System, a multi-faceted computer based system financed by a$40 million tax override ► Provided on-going liaison with the City Council and directed efforts to develop local and state legislation Uniformed Coordinator for Operations Central and Valley Bureaus. Each Bureau consisted of five(5) geographic stations, a traffic division, gang enforcement unit, and over 1600 employees. In addition to the overall coordination of patrol and uniformed operations, monitored and approved personnel complaint investigations, adjudications and discipline during this four(4)year assignment. ► Coordinated the successful police efforts in the San Fernando Valley during the 1978 school desegregation I err LOU REITER RESUME...4 • kipe Directed the City-wide 500 person police reserve officer program ► Department liaison to community alcoholism programs ► Participant in the Physical Altercation and Tactics Committee ► Regular member of the Fleet Safety Review Board and Shooting Review Panel. 111 Central Area Commanding Officer. For two (2) years commanded over 250 uniformed officers and detectives in the Los Angeles Central City(downtown)area. Team policing. Selected to make preliminary preparations and then command a unique team policing experiment in Foothill Division in July, 1973 (this was similar to the current Community Oriented Policing concept). This consisted of a command of 57 employees including detectives and traffic officers to maintain 24-hour police service for this area. Crime went down in this area while it rose in adjacent areas. Traffic assignments. Served as a uniformed traffic accident investigator throughout the City. Investigated 1200-1500 traffic accidents and arrested nearly 400 drunk.drivers. Provided specialized enforcement and . accident investigation on the City's freeway systems in specially equipped pursuit vehicles. Patrol assignments. Was a uniformed patrol officer in three (3) geographic stations. Functioned as a plainclothes member of an anti-crime unit. As a sergeant was a field supervisor and later,as a lieutenant,was a uniformed watch commander. Employee misconduct administration. Investigated cases alleging employee misconduct both as a field 1111 supervisor and member of Internal Affairs Division. As the Department Advocate, presented the agency case against employees during internal administrative hearings(Boards of Rights). Later, as a Lieutenant, acted as a defense representative for accused employees during these same hearings. Adjudicated investigations of police misconduct and served as a member of Boards of Rights on many occasions. �rl✓ Other personnel related activities. Participant in the Physical Altercation and Tactics Committee, Fleet Safety Review Board and Shooting Review Board. In 1981, chaired the Police Productivity Workshop which presented recommendations for massive changes in operations to respond to budgetary restrictions imposed by the passage of Proposition 13. Training commands and assignments. Commanded (1980-1981) the Personnel and Training Bureau which included the Police Academy and video training production unit. Implemented programs(1980-81)to assist in the achievement of court consent decree hiring of females/minorities and their successful performance during the training aspect of their employment. Was the Assistant Commanding Officer of the Police Academy. Was the Officer-in-charge of the Human Relations Training Unit which covered such topics as community and cultural diversity, officer-partner relations, inter-personal communications, and handling the emotionally disturbed and mentally ill. Staff researcher and author for the 1973 Police Task Force Report of the National Advisory Commission on Criminal Justice Standards and Goals. The report assisted agencies nationwide to update their operations and develop plans for future growth and strategies. The three(3) specific chapters researched authored by Lou Reiter were"Internal Discipline,Training and Management-Employee Relations." Managing Unusual Occurrences. Member of the Department Field Command Post Cadre since its ts inception following the 1965 Watts Riots. Developed procedures for police operations during such incidents principally as a member of the Operations Section and later incident command functions. Participated in numerous actual unusual occurrence control operations as well as training exercises responding to natural and man-made incidents. L Arne I LOU REITER RESUME...5 i�.► Volunteer police. Managed the LAPD 500 person Reserve Officer Corps. Developed revis ed training programs and an in-service training element. Created a unique expert advisory group within this volunteer corps specializing on the expertise of lawyers, doctors, statisticians, educators and other specialists. Implemented a 54 person Reserve Chaplain program. Lobbied for and supported State laws mandating strengthened training and selection requirements for volunteer elements of police agencies. Community Relations and Crime Prevention. Community Relations lieutenant and Assistant Commanding Officer of Hollywood Division, directing the community mobilization and crime prevention efforts. Was the Officer in Charge of the Public Service and Crime Prevention Section, Public Affairs Division. New Careers and Concentrated Employment Program. In 1967,initiated,implemented and administered this U.S. Department of Labor funded program which employed, trained and assigned disadvantaged, underemployed persons to police community relations and crime prevention programs. Ninety(90) percent were ex-convicts or former narcotics users. Planning and Research. Researched and authored policy and procedure changes for the Department and incorporated them into the Department Manual. .:ie. ^e.r-^+'�'0,..dME :. ' eW;, '��, $� ;tt ADDfl1OI AVINS 'R JCTIONAL�EXPERI' s;� f_ �� During the years since 1971, Lou Reiter has been involved in continuous and varied aspects of training both within and outside the law enforcement field. Some of those not covered in the preceding sections are: ■ Faculty member for national level police management and specialized programs for .111 organizations such as the Public Agency Training Council (Indianapolis), Americans for Effective Law Enforcement (Chicago), Institute for Police Technology and Management (Jacksonville, FL.), Police Foundation Executive Institute, Commission on Accreditation for Law Enforcement Agencies, National League of Cities, Law Enforcement Assistance Administration,academic institutions,local police academies,state police organizations and risk management/insurance pool groups. ■ Senior Consultant, Institute for Liability Management. • Faculty member, Criminal Justice Management Program, Florida Center for Public Management, Florida State University. • Certified Instructor,Law Enforcement Supervision/Management,Florida Department of Law Enforcement. • Lifetime Vocational Training Certificate, Law Enforcement, California. • Developed and presented "Frontline Supervision,"a police supervision program. Elected to the Santa Clarita Community College Board of Trustees in 1975 and reelected in 1979. Served as Board President and acted on many local and State committees on education. ii Past member: ■ Police Science Advisory Boards for Junior Colleges of Rio Hondo, El Segundo and Harbor City in the Los Angeles area. • Faculty member for graduate and undergraduate level courses at various universities and colleges. • Principal faculty member for the Management Development Program for the City of Los Angeles. I LOU REITER RESUME...6 I' • Trainer for Florida American Cancer Society's Volunteer Leadership Development Program. ,v* • California State University, Northridge, Advisory Committee on Teacher Education. • Advisory Committee on Clinical Rehabilitative Services Credential, Department of Communicative Disorders. • L AW NF. RCE IEN1 ,.,.iROFE SSJO NA1. CTM t1E x y Since 1973, Lou Reiter has been involved in law enforcement professional activities and programs. Many of these were during his tenure with the LAPD. Other have been as a concerned public member and police consultant. Some of those include: • Assessor, Commission on Accreditation for Law Enforcement Agencies, Inc., (1985-), and has been assigned to both on-site audits for accreditation and re-accreditation. Re-certified as an assessor in 1999 at Montreal Conference. • American Society for Law Enforcement Trainers, member. • National Center for Women and Policing, member. • Founding Member,Tallahassee Committee of Ninety-Nine and former member of Board of Directors(1982-1988)and Secretary(1984-1987). This organization was formed in 1981 and provided support to local law enforcement agencies for greater professionalization, fff underwriting local police training programs, purchasing police equipment and ensuring benefits to families of police officers. • Presenter and participant, 1982 and 1983 Florida Governor's Challenge Conference on Crime. • Chair,Public Safety Committee,21 S`Century Council,City of Tallahassee(1990-1993). This acitizen group was organized to create an annual assessment guide to evaluate the effectiveness of our community's public safety performance. : • Past member, California Peace Officers Association ► Chairman (1979-81) Standards and Ethics Committee. ► Initiated and moderated the First Joint Symposium on Professional Issues. ► Developed and received State approval and distribution of the Code of Professional Conduct and Responsibilities for Peace Officers. ► Member, Law and Legislation Committee. ► Member, Small Agency Committee. ► Member, Reserve Officers Committee. ► Recipient of the 1981 'Professionalism Award' from the California Peace Officers Association. • Member or past member: ► Florida Sheriffs'Association, Lifetime Member. ► Florida Council on Crime and Delinquency. ► American Society for Training and Development, local and National. ► Public Safety Committee, League of California Cities. ► Los Angeles County Peace Officers Association. ► Southern California Police Community Relations Officers Association. M S +rlrr LOU REITER RESUME...7 L . "let V-a c 4.?? 1 a .a vs YHiPU0140010 . �,..�°,.�`'`',�°,:'�.�„'. ";,�'T'° �•Sr $ 'F'� �?'s:•'v��": s � t>$ �a �`A r �r �"'°a -,v �`��' ,s � r:�a•. Lou Reiter has published many law enforcement articles. With the exception of his Internal Affairs manual mentioned below, most of his current publications are integral parts of training he provides and are tailored to the specific subject matter and audience of the presentation. The below represent many of his published works: ■ Law Enforcement Administrative Investigations, a manual/guide. This comprehensive 120 page manual was first published by Lou Reiter&Associates in 1993. The 2nd edition was published in 1998 and is an expanded version with several guest author chapters and contains over 300 pages in a 'nuts and bolts' method of presentation for practitioners. • "Creating Reasonable and Defensible Discipline," Commission on Accreditation for Law Enforcement Agencies, Inc., Newsletter, November, 1996. • "Timesharing With Your Subordinates," Florida Police Chief, April, 1984. • "Police Agencies Need Shooting Policy,"Tallahassee Democrat, September 27, 1982. • "Truth About Miami Is Down in the Streets,"Tallahassee Democrat, December 27, 1982. ■ "Police Recruitment in the 80's-Crisis or Opportunity?"Western City, May, 1981. • "Civil Detoxification in Los Angeles," Police Chief, August, 1981 • "Professional Police,"California Peace Officer, 1980. • "The Elected Public Official Views Police Professionalism," California Peace Officer, 1980. ■ "A Footbeat Officer's View of Police Work,"Journal of California Law Enforcement,October, 1979. • "A Day With Sergeant Maynard Jones," Police Chief, April, 1979. ■ "Field Sergeants' Administrative Time Utilization," Journal of California Law Enforcement, lew unknown date. • "Make Your Meetings Successful," Journal of California Law Enforcement, April, 1979. • "Ways To Get That Paper Out Now, Faster and Better," Journal of California Law Enforcement, October, 1978. • "Internal Discipline,""Training,"and"Management-Employee Relations,"Police Task Force Report, National Advisory Commission on Criminal Justice Standards and Goals, United States Department of Justice, U.S. Printing Office, 1973. ", <; .r x g::h. ,a�:.,� ':xvfXn'5�:s u�a X.,a•.� e92,A:URBAN ECONOMIC DEVELOPMENT N-...,,D ry O4i...rx,Mn, M' U'_s,,,NvsI r,^A:�C.r TCN s"G3. RO..��U••-Pi._t.:..: s,...,» '.'�• ., u i:Y:z: During his residence in both Southern California and Florida, Lou Reiter has been active in various programs designed to improve and enhance community and economic development. Some of those activities have included: ;1: • Tallahassee Area Chamber of Commerce and committees on County and City Governments. • Local committee for district member voting in Leon County. • Forward Tallahassee. g • Board of Directors, Skid Row Development Corporation. A non-profit organization formed to stimulate redevelopment of the skid row area in Los Angeles, attract funding sources, funnel monies to redevelopment projects and oversee the general plan for this designated area. During the first year originated over $6 million of projects impacting business stimulation and residential housing. • Board of Governors,Alcohol Detoxification and Rehabilitation Center. In 1976 conducted an Ape LOU REITER RESUME-8 (iv extensive management study of this program. The results were implemented and produced an increased intake of public inebriates and reduction in walkout rates. • Central Business District Redevelopment Project, Skid Row Task Force. • Greater Van Nuys Chamber of Commerce and member of the Business Improvement Committee and Vitalize Van Nuys, Inc. (a specific economic action project). Ili t a , .,. OMM WIC ,s r ,,2.. M o„ .. . � < '' KRe..:.� `0.�� . '�„a.eb P£To\�..�: Community activities have been a personal commitment for Lou Reiter. Many of these were in connection with his duties as a police practitioner. Others were from his personal orientation to the communities in which he has lived. Some of those not previously mentioned have included: • American Cancer Society ► Board of Directors and Executive Board, Florida Division. ► State Crusade Committee, Vice Chair. ► Chairperson, State Direct Mail and Marketing Subcommittee. ► President(1986-87) and Board of Directors, Leon County Unit. ► Trainer, State Volunteer Leadership Development Program. ► Crusade Chairperson (1982-84) Leon County Unit which increased donations 60% to a record high of$111,000 annually. • President, Consolidation NOW, a citizens' group advocating the consolidation of governments of Leon County and the City of Tallahassee. • President(1985)and member Board of Directors (1983-88), Tallahassee Junior Museum. During the year as President the museum received accreditation from the American Association of Museums. • Chairperson, Airshow'86, Tallahassee's first major airshow. Co-chair, Airshow'87. ■ Rotary International ► Tallahassee Capital Rotary(1981-) ► Paul Hams Fellow(1976) ► Service Above Self/Member of the Year recipient(1986-7) ► Presenter at district and zone conferences ► Past member, Newhall, CA., Rotary ► Creator of the Newhall Rotary Community Service Fund • Memberships, current and previous: ► Forward Tallahassee, Public Safety Committee ► Florida Economics Club ► Tallahassee Tiger Bay Club �' ► WFSU-TV committees ► Partners in Excellence, a school/business support program ► 1987 Leon County School District "Citizens For Better Schools" Bond Steering Committee ► Florida State University Artists Series, benefactor ► Public Inebriate Task Force, Alcoholism Council of Greater Los Angeles ► Canyon County, CA., Formation Committee ► Vice President and Board of Directors, Santa Clarita Valley Boys and Girls Club ► Board of Directors, Tallahassee Informed Parents ► Boy Scout Troop 23 Committee ► Swannee Area Scout Council Fund-raising Committee ► Board of Directors, LeMoyne Art Foundation l LOU REITER RESUME-9 (Ow Member and Director, United Way of Leon County ,.!3«�°k>,. 4 y, ,4«4,-.+'.A:� °'."s°':®yg s,IAA e.fifi 'ez'a.s „, e ,c : '�g'� ::� rz ✓,.� R FORMA.EDN:CAT1"o - ~� W�� ` �6� �� -" i University of Southern California-Graduate of the Managerial Policy Institute(1980) and graduate study in the Master of Public Administration program. Pepperdine University- Bachelor of Science in Public Management/Criminal Justice Program . 9 9 University of California at Los Angeles-undergraduate study in Political Science. a PERSONA d w- r ti �s aY x d 3 �A Born March 31, 1939, in Minneapolis, Minnesota. 1111.aft Resident of Rhode Island since 1999 and Tallahassee, Florida, between 1981-1999. Lou Reiter lived in the Los Angeles area for nearly 30 years. Lou's wife is Marilyn McFadden who is an attorney and was a certified Florida police officer. She currently specializes as a consultant in law enforcement and prosecution issues of Domestic Violence. They have six (6)grown children one of whom is a police officer with the City of Tallahassee and another a civilian employee with the same police agency. later a I II a LOU REITER RESUME...10 411.0 The Gallagher-Westfall Group,Inc. Liability Management&Expert Witness Services Leadership&Organizational Development SUMMARY OF QUALIFICATIONS G. PATRICK GALLAGHER President The Gallagher-Westfall Group,Inc. P.O. Box 60 Indian Valley,VA 24105 Phone:540/789/4056 FAX: 540/789-4057 E-mail:patrick@gallagher-westfall.com FORMAL EDUCATION Marist College, 1957,BA with honors(valedictorian) New York University, 1962,MA State University of New York at Plattsburg, 1963 New York University, 1964 Purdue University,Ph.D.completed course work, 1969 PROFESSIONAL POSITIONS o Founder and President of The Gallagher-Westfall Group,Inc., 1992-present o Area Vice-President and Director,The Institute for Liability Management,Gallagher-Bassett Services, 1988- 1992 o Founder and President of The Institute for Liability Management, 1984-1988 o Consultant to the National Institute of Justice,the Police Foundation,the National Organization of Black Law Enforcement Executives,the Victim Services Agency,and various state Task Forces on the liability and policy issues dealing with domestic violence, 1983-1990 o Senior Associate at The Federal Emergency Management Agency,National Emergency Training Center, 1983-1984 o Director of the Florida Criminal Justice(Police and Corrections)Standards and Training Commission, 1981- 1983 o Director of the Florida Police Standards and Training Commission and Division Director,Florida Department of Law Enforcement, 1980-1981 I � � 1 o Director of The Police Executive Institute for The Police Foundation,Washington,D.C., 1976-1980 o Director of Public Safety Research for the League of California Cities, 1974-1976 o Director of Public Safety in South Bend(IN), 1972-1974 • Director of Criminal Justice Planning,South Bend(IN), 1971-1972 o Administrator,Indiana Criminal Justice Agency, 1970-1971 o Various positions as teacher and department chairman in educational institutions, 1957-1970 CONSULTANT SERVICES G. Patrick Gallagher has provided services to law enforcement for 30 years. His major areas of focus have been leadership and management as it relates to organizational climate, efficiency, effectiveness and performance in addition to every aspect of liability management in police operations,training,policies and procedures. Leadership/Management/Organizational Development Programs His professional experiences include: o customized organizational climate surveys o agency liability assessments for law enforcement o management audits and reviews o agency management studies o policy manual reviews for law enforcement • o mission,vision,and values statement development o strategic plan development o agency and internal affairs investigations o command staff retreats Training Training is customized to meet the clients'needs and is offered through risk management pools, insurance companies, training academies, housing authorities, universities, national and state professional associations and individual agencies throughout the United States.Current content areas for his training include:g g o Police pursuit issues o Use of force and deadly force issues o Critical incident management o Supervisory liability&management o Leadership&liability o Strategic planning o Policy&procedure development for law enforcement o Team building o Citizen complaints/internal affairs o Performance management&performance enhancement 1 2 o Domestic violence Aso Litigation Services Assistance includes case analysis,consultation and development;report writing and expert witness testimony.Areas of expertise include: o Pursuit o Use of force/deadly force o Standards of police conduct o Training o Domestic violence o Policies&procedures o Management issues generally o Underage drinking o Supervision o Deaths in police custody LEADERSHIP/MANAGEMENT/ORGANIZATIONAL DEVELOPMENT EXPERIENCE Management Studies: PP -Gila County(AZ)Sheriffs Department,1997 Contact person:Chief Deputy Byron Mills and County Administrator Steve Besich Client:County Board of Supervisors Scope: Comprehensive review of every aspect of the department with recommendations leading to the closing of certain facilities and consolidation of others. Title:Final Report A Comprehensive Management Study of the Gila County Sheriffs Department -Charlottesville(VA)Police Department,1997 Contact Person:Assistant City Manager Leon Churchill Client:City Manager Gary O'Connell SOL Scope:Organizational Climate Survey of department personnel,interviews of command staff,command staff team building,recommendations to client. -New Bern Police Department, 1997 Contact person:City Manager William Hartman Client:City manager and city council Scope: Comprehensive review of every aspect of the department's operations to include personnel administration,internal affairs,racial discrimination,and sexual harassment. Title:Final Report:A Comprehensive Management Review of the New Bern(NC)Police Department talw 3 h . -Pompano Beach(FL)Police Department,1995 Contact person:Risk Manager Charles Fix Client:City manager and city council Scope: Responsibility for conducting an internal affairs investigation into a 21 page complaint charging harassment of one officer by a superior officer.This entailed interviewing 70 officers after reading them their "Garrity Warnings," weighing the evidence, and presenting a report to the city counsel concerning the substantiation of parts of the complaints. Titles:1.Allegations,Facts,and Not Sustained,Exonerated,or Unfounded Findings of Internal Affairs Case 95-28 2.Allegations,Facts,and Sustained Findings of Internal Affairs Case 95-28,and Leadership, Management 3.Organizational Climate Observations and Recommendations -Greenville Police Department,1995 Contact person:City Manager Ron Kimble and Mayor Nancy Jenkins Client: City manager,mayor and city council Scope: Progress report on implementation of recommendations from 1991 study) Title: Progress Report on the Greenville (NC) Police Department Implementation of the 1991 Management Review -Greenville Police Department,1995 00 Contact person:City Manager Ron Kimble and Mayor Nancy Jenkins Client:City manager,mayor and city council lig lbw Scope: Review of the complaints against, and the internal affairs investigation leading to the termination of a minority lieutenant Title:Final Report of the Review of the Investigation and Termination of Lt.Angelo Fordham -Lake St.Louis(MO)Police Department,1995 Contact person:City Attorney Jay Summerville or City Manager Ron Nelson Client: City attorney Scope:Investigation into various charges of misconduct and impropriety against a ranking officer and several subordinates Title:Progress Report on the Lake St.Louis(MO)Police Department -Chino Valley(AZ)Police Department,1993 up Contact person: Susan Williams,Town Attorney Client: Mayor and city council Scope:Comprehensive review of all law enforcement operations Title:A Comprehensive Review of the Administrative,Operational and Liability Management Systems of the Chino Valley(AZ)Police Department r„ -Cochise County(AZ)Sheriffs Department,1993 Contact person:William Hardy,Executive Director,Arizona Counties Insurance Pools Client: Sheriff John Pentek 4 t=y Scope:Comprehensive review of all law enforcement operations of the sheriffs department Title:Final Report:A Management Review of the Cochise County(AZ)Sheriff's Department -Clearwater(FL)Police Department,1993 Contact person:Chief Sidney Klein Client:City attorney and chief of police Scope: Comprehensive review of all citizen complaints and internal affairs complaints with subsequent disciplinary actions Title: Final Report: A Review of the Inspectional Services Section of the Clearwater (FL) Police Department -Coatesville(PA)Police Department,1993 • Contact person:Jeff Braun,City Manager Client:City manager and city council Scope:Comprehensive review of all law enforcement policies and procedures Title:Policies and Procedures Review of the Coatesville(PA)Police Department -Housing Authority Risk Retention Group,1992 Title: A Model Policy Manual for Housing Authority Police -Housing Authority Risk Retention Group,1992 a Title:An Assessment of Liability Risk Among Public Housing Authority Police -Lexington-Fayette Metro Police Department,1992 ram, Contact person:Michael Baker,Esq.of Gallion,Baker and Bray Client:City and county and chief of police Scope: Comprehensive review of all citizen complaints and internal affairs complaints with subsequent disciplinary actions Title:A Review of Internal Affairs Complaints and Disciplinary Follow-up -University of Rhode Island,1992 Contact person: Frank McGovern,Risk Manager Client:Office of the president and corporation counsel Scope:Inquiry and survey of attitudes of the university community toward minority students and the university security force Title: A Report of the Perceptions of Racist Attitudes and Conduct of the University of Rhode Island Security Department as Perceived by the University Community -University of Alaska,1991 Contact person: William Kauffman,General Counsel Client:University counsel and risk manager Scope:Comprehensive review of all police operations on all three campuses Title: Quality Assurance Review and Liability Assessment of the Department of Public Safety of the University of Alaska Campuses 0 + ,, 5 -Henderson Police Department, 1991 Contact person:City Manager Eric Williams Client:City manager,mayor and city council Scope: Comprehensive review of every aspect of the department's operations to include personnel administration,internal affairs,racial discrimination,and sexual harassment. Title:Final Report:Management Study of the Henderson(NC)Police Department -Greenville Police Department,1991 Contact person:City Manager Ron Kimble and Mayor Nancy Jenkins Client:City manager and city council Scope: Comprehensive review of every aspect of the department's operations to include personnel administration,internal affairs,racial discrimination,and sexual harassment. Title:Management Study of the Greenville(NC)Police Department -Lake St.Louis(MO)Police Department,1991 IN Contact person:Jay Summerville,City Attorney • Client:City Administrator and Board of Aldermen Scope:A comprehensive review of all law enforcement operations Title:Final Report:Management Study of the Lake St.Louis(MO)Police Department -New York-New Jersey Port Authority Police Department, 1990 Title:A Management Review of the Training Academy for the Port Authority Police Department *NW -Greenwood Village(CO)Police Department,1990 Contact person:Tony Corsi,Assistant Chief of Police Client:Mayor and city council Scope:A comprehensive review of all law enforcement operations and administrative procedures Title:A Management Study of the Greenwood Village(CO)Police Department 11. -Arizona Department of Public Safety,1988 Title:A Management Review and Risk Assessment for the Arizona Department of Public Safety NO -Racine County(WI)Sheriffs Department,1987 • Title:A Risk Assessment of the Racine County(WI)Sheriffs Department -Maricopa County(AZ)Sheriffs Department,1987 Title:Assessing Risk Factors in the Maricopa County(AZ)Sheriffs Department -Statesville Police Department,1987 Contact person:City Manager Peter Connett(now manager in Kingsport,Tn) Client:City manager and city council 11, Scope: Comprehensive review of every aspect of the department's operations to include personnel 6 administration,internal affairs,racial discrimination,and sexual harassment. Title:A Management Study of the Statesville Police Department Recent Liability Assessments and Policy Reviews: All sheriffs'departments in Nevada with the exception of Washoe and Clark All sheriffs'departments in Arizona Bossier Parish(LA)Sheriffs Department Calcasieu Parish(LA)Sheriffs Department Ft.Bend County(TX)Sheriffs Department Matagorda County(TX)Sheriffs Department Marathon County(WI)Sheriffs Department Fife(WA)Police Department Asotin County(WA)County Sheriffs Department Chelan(WA)Sheriffs Department Mesquite(TX)Police Department Miamisburg(OH)Police Department Natrona County(WY)Sheriff's Department Cheyenne(WY)Police Department Laramie(WY)Police Department Laramie County(WY)Sheriff's Department Natrona County(WY)Sheriff's Department TRAINING MANAGEMENT AND INSTRUCTIONAL EXPERIENCE ir mow Selected Training Provided: -F.B.I.National Academy -British Police Staff College at Bramshill,United Kingdom -University of Portsmouth(UK)conference on"Policing for the 21st Century" -Southern Police Institute -Law Enforcement Institute of Texas(LEMIT) -Executive Institute for Law Enforcement(Florida) -International Association of Directors of Law Enforcement Standards and Training 10 -Police Officers Standards and Training(POSTs)for the following states: -Florida -Illinois -Oregon -Wisconsin -Montana -Michigan -Washington -New Hampshire -Kentucky -Virginia -California -Kansas -Wyoming -Colorado -North Dakota -Oklahoma -Georgia -Arizona -North Carolina -Utah -Vermont -Idaho -Iowa -Connecticut 11111 •r,r► 7 -numerous police academiescenters and law enforcement training (partial list)such as: t err -Miami P.D. -Toledo P.D. -Orange County S.D. -Indianapolis P.D. -Charleston(SC)P.D. -N.Y.City Transit Police -NY/NJ Port Authority -N.Y.P.D. -Dallas P.D. -Grand Rapids P.D. -Norfolk P.D. -Virginia Beach P.D. -Honolulu P.D. -Nashville Metro P.D. -Orlando P.D. -Boise P.D. -Olympia P.D. -White Plains P.D. -Knoxville P.D. -Roanoke County P.D. -Tempe P.D. -Poughkeepsie P.D. -professional organizations including: 41. -International City Management Association • -International Association of Chiefs of Police -Public Risk Management Association -Police Foundation 0. -Texas Association of School Board Officials -American Society of Law Enforcement Trainers -Police Management Association -over 30 state police chiefs'and sheriffs'organizations -risk pools/insurance companies insuring law enforcement agencies -Southwest Association for Risk Management -Tennessee Municipal Association • Nov -Texas Municipal Association -Cities and Counties of Oregon -Utah Risk Management Association -Washington Government Entities Pool -Georgia Municipal League -Georgia Association of Counties -Vermont Association of Cities and Towns-Virginia Municipal League ail -Georgia Intergovernmental Risk Management Association -Connecticut Interlocal Risk Management Agency -Northern Kentucky Area Development Agency -Association of Washington Cities -Kansas Association of Counties -North Dakota Association of Counties -Nevada Public Agency Insurance Pool -New Hampshire Association of Cities and Towns -pools in the following states: California We Maine Arkansas Kansas Wisconsin New Mexico opf Oklahoma Montana Illinois 8 0 tds' Florida Ohio Pennsylvania New Jersey Rhode Island Maryland North Carolina South Carolina Tennessee Kentucky -St.Paul Fire&Marine Insurance -Johnson&Higgins -Arthur J. Gallagher&Company -Gallagher-Bassett Services -Penco Insurance -CIGNA Insurance Company 4110 Representative Presentations/Training,Some Were Presented Multiple Times (January 1998 to May 2000): "Clear and Necessary Directions for the Future of Law Enforcement," • New Mexico Association of Chiefs of Police "Pursuit Driving and Pursuit Decision Making" New Mexico Association of Chiefs of Police "Value/Integrity-Driven Police Organizations" American Society of Law Enforcement Trainers . .4116, "Confronting the Legal,Policy,Training and Management Issues in Use of Force and Pursuit" Winston-Salem,Blacksburg,and Virginia Tech Police Departments S "Developing and Implementing Restrictive Pursuit Policies" Illinois Intergovernmental Risk Management Association Illinois Chiefs'Training Session "Confronting the Legal,Policy,Training and Management Issues in Use of Force and Pursuit" Greenville-North Carolina Area Police Managers S "The Policy Continuum:Developing and Implementing Police Policies" Texas Association of Police Constables ik_ "The Supervisory Leadership Challenge:Liability Management,Performance Enhancement,and Quality Service" San Antonio-Texas Area Police Managers "The Supervisory Leadership Challenge:Liability Management,Performance Enhancement,and Quality Service" Seattle Area Police Managers "The Supervisory Leadership Challenge:Liability Management,Performance Enhancement,and Quality Service" Pennsylvania Police Departments "Leadership,Liability Management,and Law Enforcement" Florida Executive Institute Age 9 "Confronting the Legal,Policy,Training and Management Issues in Use of Force and Pursuit" Oregon and Washington Chiefs'Associations "The Recommendations for the Future of the New Bern Police Department" New Bern(NC)City Council "Policy and Training Issues in Pursuit and Use of Force" Midwest Public Risk Management Association Chiefs and Sheriffs "Managing Multi-Jurisdictional Enforcement Groups(MEGS)" Missouri Intergovernmental Risk Management Police Chiefs "Supervisory Leadership Challenge" '' Tempe(AZ)Police Department "Critical Policy Issues:Pursuit and Use of Force" Wisconsin Public Risk Management Association "Supervisory Leadership Challenge" Wisconsin Municipal Insurance Corporation "Leadership Effectiveness" Miami and South Florida Police Departments 111 "An Advanced Management Course" Miami and South Florida Police Departments I.IOW "Understanding Our Boss,Ourselves and Our Subordinates:The Magic of the DiSC" Public Risk Management Association Annual Conference "Policy Issues:Training for New Chiefs" Law Enforcement Management Institute of Texas "The Supervisory Leadership Challenge" Texas Municipal League "Confronting the Management and Legal Issues in Pursuit and Use of Force" 11111 Kansas Police Chiefs "Confronting the Management and Legal Issues in Pursuit and Use of Force" 44 111 South Carolina Police Chiefs "The Policy Continuum:Confronting the Issues in Pursuit and Use of Force" Law Enforcement Management Institute of Texas S "Policy and Its Impact on Higher Levels of Performance" Law Enforcement Management Institute of Texas U "Critical Policy and Performance Issues" Law Enforcement Management Institute of Texas "Leadership,Team Building and Performance Enhancement" 1. 41° 10 Ft. Lauderdale(FL)Police Department law Leadership Effectiveness,Team Building and Strategic Planning" North Carolina Community Colleges(6 sessions) "How to Win in the Police Liability Arena" Public Risk Management Association National Regional Sessions Six Sessions in Different States "Leadership and the Management of Liability" Boca Raton(FL)Police Department "Does Liability Make the Policeman's Lot Not a Happy One" Ferrum(VA)College "Performance Management:Leadership and Organizational Change" Connecticut Police Chiefs and Police Officers Standards and Training Council "Ethics,Vision,Values and Mission" Connecticut Police Managers and the Police Officers Standards and Training Council "Leadership,Law Enforcement and Liability Management" Poughkeepsie Police Department and Area Police Departments Adjunct Faculty: Indiana University,School of Public and Environmental Affairs, "Introduction to Law Enforcement" Golden Gate University,Graduate School of Public Administration,"Law Enforcement Administration" American University,"Police Administration" PROFESSIONAL MEMBERSHIPS o Police Executive Research Forum o International Association of Chiefs of Police o American Society of Law Enforcement Trainers • o Public Risk Management Association o International Association of Directors of Law Enforcement Standards&Training o Editorial Board,International Journal of Police Science and Management o Editorial Board,International Journal of Sociology of Law o Advisory Board,Criminal Justice Degree Program,Ferrum College,Ferrum,Virginia PUBLICATIONS "When Will the Message about Harassment Be Acted Upon?"in The Law Enforcement Trainer,December 1996. "Winning Pursuit Performance Through Better Decision Making,"in Gallagher's Liability Beat,Summer 1996. "Four Rules for Winning with the Use of Force,"in the ASLET Journal,May-June 1996. "On Notice:A Winning Position for Law Enforcement with In-Custody Deaths," in the ASLET Journal,Jan-Feb. 1996. Demystifying the Police Policy Process,a training manual,revised 1995. Confronting the Policy.Legal.Management.and Trainin' Is u in Pursuit and the U e I f F.r • a training manual, 1995. Law Enforcement Training on Trial:When Enough Isn't Enough,a training manual,with William S. Westfall, 1995. Supervisory Leadership Challenge: Liability Management.Performance Enhancement.and Quality Service, a training manual,with William S.Westfall,revised 1995. Use of Force:What We Know,a training manual, 1994. Confronting the Issues in Police Pursuits,a training manual,revised 1995. Leadership.Vision and Values as a Prelude to Policy,a training manual, 1995. Risk Management Behind the Blue Curtain:A Primer on Law Enforcement Liability published by the Public Risk Management Association, 1992. Behind the Uniform:Policing in the United States and the United Kingdom,co-authored with Superintendent Ian McKenzie,Ph.D.,London Metropolitan Police,(ret.) 1989. "Police Leadership and the Management of Liability:A Systemic Approach,"a chapter in New Perspectives:Issues to in Policing, 1992. r,,, "Mastering Legal Liability,"Corrections Forum,July/August 1992. "Marginal Performers and Liability,"in Local Government Police Management published by the International City Management Association, 1991. "Liability on the Police Beat,"in Public Risk,July/August 1991. "Gallagher's Beat,"monthly column in the British Police Review. "Muggers in the Groves of Academe: New Directions to Risk Managers for Campus Policing," in Delphian,The Journal of Risk Management for Higher Education,February 1991. "Six Layered Liability Protection Program,"in Police Chief,June 1990. 411110 12 r • 4i "Police Administration and Risk Management:A Marriage of Necessity," in Police Chief,June 1990. Amy "You Too Could Be Sued,"a chapter in British Policing,Volume 6,No. 1,Spring 1990. "Police Liability:The Crisis in Police Pursuit Driving," in Creative Approaches to Managing Public Agency Risks, Volume II, 1989. "Managing the Risks of Police Pursuit Policies,"in Governmental Risk Management Reports,December 1989. "One Giant Step for Police Driver Training,"in Training Aids Digest,July 1989. "The Crisis in Police Pursuit Driver Training: An Action Plan, Parts I and II, in Training Aids Digest,July and August 1989. "Law Enforcement Training Must Integrate Basic,FTO,and Probationary Programs to Reduce Liability,"in Training Aids Digest,February 1988. "Our Police:Where Does a Risk Manager Start?"in Public Risk,May/June 1987. "Pursuit Driving Training Directions for the Future," in Training Aids Digest,April 1987. "The Police Executive as Liability Manager,"a chapter in Police Manager,3rd Edition by Ronald Lynch, 1987. "The Real Cost of Liability and What Must Be Done to Reduce It,"in Crime Control Digest,July 21, 1986. "Considerations on the Importance of Policy and Training,"in Florida Police Chief,November 1985. "Lethal Force on Wheels: What Can Trainers Do?" in Training Aids Digest,October 1985. "The Civil Liability Investigations Unit: An Idea Worth Trying,"in Criminal Justice Digest,May 1985. "How a Quality Circle Can Help with Agency Liability Protection,"in Training Aids Digest,August 1984. "The Case for Accreditation," in Florida Police Chief,August 1984. "Negligence and Liability: Why We Need the Commission on Law Enforcement Accreditation and Who Should Be Setting Our Standards," in Training Aids Digest,January 1984. "Productivity and Motivation in Training: It's Up to You Boss!"in Police Chief,March 1983. "Police Productivity,"a chapter in More for Less, 1978. ''' 13 r Marilyn McFadden "40, Lou Reiter and Associates 99 Fort Avenue, Cranston, R.I. 02905 401-467-9508 (fax)401-467-3765 marilynmcf(a,aol.com Formal Education Legal Juris Doctor, with honors, Florida State University, 1984 Graduate Masters Degree, Public Administration, honors, Florida State University, 1981 Vocational Pat Thomas Law Enforcement Academy, 816 hours, 1994, CJST certified 1995 Undergrad B.S. Political Science, honors, 1979 Florida State University University of Louisville, Certificate in Dental Hygiene, 1964-65 Professional Experience Lou Reiter and Associates Law Enforcement Consulting Services, 1996-present • Litigation assistance and research • Law enforcement training • Agency audit and assessment • Domestic violence specialist Roger Williams University Adjunct Professor, Graduate Program in Justice Studies Bristol, Rhode Island, 2000-present Office of the State Attorney Assistant State Attorney, Second Judicial Circuit, Tallahassee, Florida, 1995-96 • Domestic violence misdemeanor prosecution • Injunctions against repeat and domestic violence Leon County Sheriff's Department Sworn and CJST Certified Deputy, Reserve Unit, Leon County, Tallahassee, Florida, 1995-97 Office of the Attorney General, State of Florida Criminal Appellate Division, Assistant Attorney General, Tallahassee, Florida, 1991-94 • Preparation of legal briefs, oral argument before state District Courts of Appeal and Florida Supreme Court • Preparation of legal briefs, 11th Circuit 11111 Guardian Ad Litem Program Program Legal Counsel, Second Judicial Circuit, Tallahassee, Florida: 1990 Florida Department of Transportation Litigation Division, Senior Attorney Office of the General Counsel, Tallahassee, Florida: 1988-89 • Personal Injury, Construction Injuries • Eminent Domain • Administrative Hearings Granger, Santry, Mitchell, and Heath, P.A. Associate, Civil Trial, Administrative and Appellate Law Practice: 1985-88 AloeFirst District Court of Appeals,the State of Florida, Research Assistant to Judge Earle Zehmer: 1984-85 Select Recent Presentations, Training, General Consulting Activities ❖ Roger Williams University sponsored Law Enforcement Seminar: Policy Development:Employee Involved Domestic Violence. December 2000 COPS Grant Funded Florida TrainingPanel Participant and Moderator: St. Petersburg, P 9 Florida, 1999 Community Oriented Policing and Law enforcement response to domestic violence, The Front Loaded Probable Cause Affidavit. ❖ Suffolk Law School, Boston Massachusetts. 1998,panel participant: Police Response to �► Domestic Violence, ❖ Gay& Lesbian Association/Florida Coalition Against Domestic Violence Annual Conference, Miami, Florida, 1998: Presentation: Same sex domestic violence:police • response, primary aggressor determination for the domestic violence shelter. ❖ IACP Model Policy Development: Police Officer Involved Domestic Violence, Training and curriculum development committee participant, International Association of Chief of Police, Alexandria, Virginia, 1998 ❖ Agency training for Florida law enforcement agencies: Apalachicola P.D., Wakulla P.D., Franklin County Sheriff's Department, Carrabelle P.D., Gadsden County Sheriff's Department, Madison County Sheriff's Department, 1996-1999. Communicating risk assessment through the probable cause affidavit/building the case for prosecution/ making a primary aggressor/self defense determination ❖ When the abuser wears a badge, National Center for Women & Policing, 1998 National Conference Las Vegas, Nevada: Panel Participant. Internal Affairs Investigation of 11141111, Officer Related Domestic Violence. ❖ Pro Bono Attorney Training:sponsored by the Refuge House (state designated shelter) 1998. The effect of domestic violence in the practice of family law:civil, criminal law and 1111 protective orders ❖ City of Tallahassee and Leon County Study Group on Domestic Violence: Volunteer consultant 1996-98 ❖ Law enforcement curriculum development panel, Post-Basic Officer Training Course for Domestic Violence, Florida Department of Law Enforcement(FDLE) 1997 ❖ Florida A&M University, Department of Criminology, Guest Lecturer Legal Studies Program Series, 1998-99 i • Domestic Violence Legislation, • Injunctions Against Repeat and Domestic Violence • Law Enforcement Response to Domestic Violence ❖ Florida State University, School of Law, Guest Lecturer, Legal Practicum, Spring 111 Semester, 1998 • Providing services to the victim of domestic violence • Balancing the needs: advocacy vs. safety ad confidentiality • Documenting/preserving the criminal conduct and civil liability of the abuser within the family law case ❖ Franklin County Sheriffs Department, Apalachicola Florida Law enforcement response to domestic violence; 1997-98. Legislative update ❖ Criminal Certification Training, Guardian Ad Litem Program, Second Judicial Circuit, Tallahassee, Florida. 1996-1999. The guardian's role in protecting and investigating within the civil/criminal court system: the effect of domestic violence upon the child client ❖ Law enforcement training presentation, Leon County Sheriffs Department, Tallahassee, Florida, 1996, Communicating risk assessment through the probable cause affidavit; Are building the case for prosecution without the victim's testimony. 2 ❖ Tallahassee Community College, Tallahassee, Florida, Adjunct Professor, Department of Criminology: 1995 ❖ Presentation to the Select Committee on Child Abuse and Neglect: Florida House of Representatives, 1995. The practical effect of state domestic violence criminal laws in cases of child abuse and neglect. Recent Publications and Monographs • Administrative Investigation of Employee Related Domestic Misconduct(Chapter 7) Law Enforcement Administrative Investigations, A Manual Guide (1999: second edition). Lou Reiter and Associates. • The Little Group that Couldn't, Community Links, a Publication of the Community Policing Consortium, Ph.V. No.2, Issue 4, Spring, 1998. • Critical Component Strategies Against Domestic Violence:A Community Comparison Checklist"distributed by the Community Policing Consortium in the Consortiums Domestic Violence Resource Package. • Assessment of the Tallahassee/Leon Count Community Response to Domestic Violence— A Community Comparison Model"Report to the Community: Tallahassee/Leon County Domestic Violence Study Group, 1998. • The Front Loaded Probable Cause Affidavit, Distributed by the National Center for Women and Policing, 1997 Professional Memberships l Pro bono activities • American Bar Association • Criminal Justice-Ad Hoc Committee Member: Women in the Criminal Justice 1114111., System, 1998-present • Florida Bar Association o Family Law Section l'Jr! o Domestic Violence Committee. 1997-99 o Non-Traditional Families Committee. 1997-99 o Criminal and trial law sections o Appellate Section, charter member • Inns of Court, Charter Member, Barrister, Tallahassee Chapter • Legal Services of North Florida, President, 19915 year board member • National Center for Women & Policing (a division of the Feminist Majority) • Florida Coalition Against Domestic Violence • ACLU volunteer attorney a a a ran a 3 The Gallagher-Westfall Group,Inc. Liability Management&Expert Witness Services Leadership&Organizational Development SUMMARY OF QUALIFICATIONS MARY CAROLINE KEALOHA Vice President The Gallagher-Westfall Group,Inc. P.O. Box 60 IN Indian Valley,Virginia 24105 PHONE: 540/789-4056 FAX: 540/789-4057mary a@gallagher-westfall .com PROFESSIONAL POSITIONS Vice President The Gallagher-Westfall Group, Inc. 1994-present Program and product development, management,training, marketing and sales. Organizational development with an emphasis on creating healthy, nourishing organizational climates that meet the physical, mental, emotional and spiritual needs of all employees.Assistance with strategic planning, identification of personal and organizational vision and values, understanding and managing deep personal and organizational change, creating and utilizing ceremony and ritual as a means of acknowledgment and recognition, identification/intentional development of organizational culture, and development/mentoring of leadership and management abilities. Organizational development work includes customized organizational climate Y surveys, analysis of data from these surveys, and a report of findings with strategic recommendations; customized training; leadership and management studies. Executive development and coaching of senior management utilizing standardized assessment profiles to identify preferred workstyle,team role, leadership .4: style, communication and problem-solving styles, and conflict resolution patterns. Private Practice 1988-1993 Private practice in holistic health counseling including stress-reduction and stress management, health maintenance, coordination of services with physicians, and group seminars. Private Consultant 1985-1987 Pf Developed training materials and reviewed grant proposals for the National Center on Child Abuse and 11111 Neglect (U.S. Department of Health and Human Service), organized training sessions, authored a book chapter, provided technical assistance to the Police Foundation concerning distribution of its child abuse grant, provided technical assistance and support to the Institute for Liability Management and the American Bar Association's National Legal Resource Center for Child Protection and Advocacy. a r 1 r 4 Child Abuse Consultant Florida Department of Health and Rehabilitative Services Division of Children's Medical Services 1984-1985 Responsible for the development and implementation of a statewide multidisciplinary intervention/treatment program for families involved in sexual abuse. Provided liaison between various state agencies providing services to these families. Planned and coordinated regional training workshops and an annual statewide conference on child sexual abuse. Developed training materials and provided technical assistance, consultation and training to criminal justice professionals, protective services staff, and child protection team members. Networked with local,state and national organizations working with child sexual abuse victims and their families.Wrote a winning grant to develop group process/consensus decision-making skills training for service providers. Information Services Coordinator National Clearinghouse on Child Abuse and Neglect Washington, D.C. 1983-1984 Supervised reference staff who handled information requests and order fulfillment. Answered controlled correspondence addressed to the President of the United States or the Secretary of Health and Human Services concerning child abuse and neglect. Responded to user requests for information or materials. Provided logistical support for forums sponsored by the National Center on Child Abuse and Neglect. Developed topical resource booklets, researched and wrote a number of the FYI monthly newsletters, developed search strategies and conducted searches of the computerized database, and wrote several grant proposals. State Coordinator for the Child Protection Team Program Florida Department of Health and Human Services Division of Children's Medical Services 1981-1983 Developed a statewide network of seventeen multidisciplinary child protection teams comprised of 300 professionals. These were medically directed teams which included pediatricians, social workers, nurses, attorneys, psychologists, law enforcement and mental health liaisons who provided direct diagnostic, intervention, treatment and prevention services to abused and neglected children and their families. Developed and implemented program standards, policies, procedures, and job descriptions. Wrote a program manual and the model contract for the program. Developed a standard budget format, analyzed annual budget requests from contractors, recommended allocations of the$4 million program budget, and developed the annual legislative budget request. Managed a $206,000 federal grant from the National Center on Child Abuse and Neglect which included preparation of the annual grant application and quarterly reports for the federal grant manager, supervised use of the funds by local contractors, and participated in semiannual meetings in Washington, D.C.with federal staff and state liaison officers from 44 other states receiving federal grant funds. Analyzed proposed legislation affecting the program and responded with impact statements. Developed a quality control monitoring tool for the program, conducted on-site evaluations of the teams, and initiated the development of a statewide computerized data collection system. Developed and conducted semiannual statewide training conferences. Delivered presentations at the local, state, national and international levels. Provided technical assistance to, and coordinated activities among the teams.Wrote a bimonthly newsletter. Participated on the state task force which developed the state Child Abuse Prevention Plan. Acted as liaison to other state and national agencies and organizations serving abused and neglected children. $ Awe 2 Nursing Consultant Leon County Health Department Tallahassee, Florida 1980-1981 The WIC Program is a federally funded nutrition program for Women, Infants, and Children. Conducted health and developmental assessments, administered immunizations, and obtained routine blood work required by the program. Interviewed parents to determine concems and areas of need and provided necessary counseling. Coordinated interagency services for the families. Developed and delivered educational presentations on infant nutrition, child development, mother infant bonding, stress management and infant health care issues for the health department staff and the clients. Nursing Consultant Sacramento County Infant Development Program Sacramento Office of Education Sacramento, California 1977-1980 This was an educationally directed program for developmentally delayed and handicapped children ages birth to three which served an average of 250 children per year. A multidisciplinary approach was utilized and program staff included special education teachers, nurses, physical and occupational therapists, psychologists,and para professionals. Responsible for a caseload of 50 children. Initiated contact with each family, interviewed the parents, and assessed the child for admission to the program. Developed, implemented and monitored an individualized program of developmental interventions for the infants. j Provided crisis intervention and counseling as needed; developed and conducted biweekly parent support groups. Provided interagency coordination of client services. Participated in educational placement meetings when children moved from the Infant Program into the district special education classes at age three. Assisted in the revision of program forms, policies, and procedures. Delivered presentations at the local and liNw state levels about the program, and on various areas of child development and intervention. Developed and conducted staff in-service programs and parent workshops. Initiated contact with the local teenage pregnant minors program in the two major school districts and provided educational programs to the students and staff. Developed and taught a course on child development at the junior college level. Supervised paraprofessional staff and served on advisory committees for local programs serving children in the Infant Program. School Nurse Hiram Johnson High School Sacramento, California 1977 This was a four year high school serving 2400 students. Conducted health assessments, hearing and vision screening and provided emergency first aid as needed. Provided individual counseling. Participated in educational placement meetings for students entering special education classes. Staff Nurse Mercy Children's Hospital Sacramento, California 1973-1974 Provided direct patient care in pediatrics, orthopedics, medical/surgical, and cardiac care areas. lee 3 S f; Staff Nurse Monterey Hospital, Ltd. law Monterey, California 1969-1970 Provided direct patient care in pediatrics and cardiac care unit. 1111 TRAINING ON LEADERSHIP,VISION &VALUES, ORGANIZATIONAL CHANGE and DEVELOPMENT, STRATEGIC PLANNING, SUPERVISION, CONFLICT MANAGEMENT, COMMUNICATION, TIME MANAGEMENT Boca Raton (FL) Police Department Supervisors through Command staff Carilion Health Systems Human Resources Staff Charleston (SC) Police Department mid-managers Charlottesville (VA) Police Department Command Staff Florida Department of Law Enforcement Executive Development Institute . Ft. Lauderdale (FL) Police Department mid-managers Gila County (AZ) Sheriffs Department Command Staff Illlinois Chiefs of Police Retreat Indian Valley Elementary School Teachers and Principal 1111 Insulated Building Systems(VA) Managers and Staff New Bern (NC) Police Department Command Staff . Miami City Manager and Department Directors I Miami (FL) Police Department Civilian Employees Miami (FL) Police Department Chief and Command Staff Center for Innovation in Law Enforcement, University of Tennessee Virginia State Extension Service Financial Services Staff and Volunteers wowAy Virginia Tech graduate agricultural students Wilmington (NC) Police Department Supervisors 11, MANAGEMENT STUDY TEAM MEMBER Chino Valley(AZ) Police Department--1998 Gila County(AZ) Sheriffs Department--1997 rif Charlotte (NC) Police Department--1997 (Use of Force Training only) Charlottesville (VA) Police Department--1997 New Bern (NC) Police Department--1997 CONFERENCE PRESENTATIONS PRIMA--Public Risk Insurance Management Association International Conference 1998"Credibility Makes Successful Leaders" 1998"Spirit in the Workplace"--a one day seminar 1997"The Magic of the DiSC: Know Yourself and Be A More Effective Leader' ASLET--Association of Law Enforcement Trainers--1998 "The Magic of the DiSC: Know Yourself and Be A More Effective Leader" Nil "„ 4 I FORMAL EDUCATION: 10, San Jose State University, San Jose, California B.S. Nursing. Psychology minor, 1968. dii California State University, Sacramento, California Health Services Credential, 1979 M.A. Education, 1981 Grantsmanship Center, Los Angeles, California 40 hour grant writing course, 1982. Certified as a trainer and distributor for Carlson Learning Products, 1995 PROFESSIONAL MEMBERSHIPS: ASTD—American Society of Trainers and Developers The International Alliance for Spirit at Work lb mow American Association of University Women ii o a 5