Loading...
HomeMy WebLinkAbout2019.0903.Regular Meeting.Packet.COUNCIL            NOTICE OF MEETING COMBINED REGULAR MEETING/WORK SESSION FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey  Vice Mayor Sherry Leckrone Councilmember Dennis Brown Councilmember Alan Magazine Councilmember Mike Scharnow Councilmember David Spelich Councilmember Art Tolis      TIME:5:30 P.M. – COMBINED REGULAR MEETING/WORK SESSION WHEN:TUESDAY, SEPTEMBER 3, 2019 WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT   The public is welcome to participate in Regular Council meetings. TO SPEAK TO AN AGENDA ITEM , please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three (3) contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible.      REGULAR MEETING NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).             1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Ginny Dickey      2.INVOCATION/MOMENT OF REFLECTION - Naomi Lerman with Beth Hagivot Chavurah      3.ROLL CALL – Mayor Dickey      4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER      A.PROCLAMATION - September 2019 as Prostate Cancer Awareness Month.   5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS      A.PRESENTATION by Captain Larry Kratzer, MCSO, with monthly update.     6.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.      7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.      A.CONSIDERATION OF approval of the minutes of the Special Meeting of August 13, 2019, and the Special Meeting (in lieu of regular meeting) of August 13, 2019.   B.CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for Fountain    Town Council Regular Meeting of September 3, 2019 2 of 4   B.CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for Fountain Events, Inc. (Christine Colley) for the Oktoberfest Event being held in Fountain Park, from 5:00 PM to 10:00 PM, Friday, September 27 through Saturday, September 28, 2019.   C.CONSIDERATION OF adopting changes to the Town Code through adoption of Resolution 2019-45 (repealing Resolution Nos. 2016-04, Building Safety Board of Appeals; 2014-28,  Community Services Advisory Commission; 2019-22, McDowell Mountain Preservation Commission; 2016-01, Sister Cities Advisory Commission; and 2009-09, Strategic Planning Advisory Commission);  and Ordinance 19-15 (amending the Town Code, Chapter 2, Mayor and Council, by removing Article 2-7, Planning and Zoning Commission , and Article 2-8, Board of Adjustment; and adding a new Chapter 2A, Boards and Commissions, thereto).    D.CONSIDERATION OF adopting Resolution 2019-46 -  A resolution of the Mayor and Town Council of Fountain Hills, Maricopa County, Arizona, approving the Town of Fountain Hills, Arizona Town Council Rules of Procedure, Amended and Restated September 3, 2019.   E.CONSIDERATION OF approving a lease agreement with the Sunset Kiwanis for the building located at 16957 Kiwanis Drive for a period of 10 years.   8.REGULAR AGENDA      A.CONSIDERATION OF appointments to the Strategic Planning Advisory Commission.   B.CONSIDERATION OF appointments to the Planning and Zoning Commission.   C.CONSIDERATION OF appointments to the Sister Cities Advisory Commission.   D.CONSIDERATION OF approving the purchase of one (1) Toro Workman HDX Utility Cart; one (1) Toro Sand Pro 3040; and three (3) Toro Workman GTX Utility Carts.    E.CONSIDERATION OF approving the purchase of a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom for the Streets Division of the Public Works Department.   F.CONSIDERATION OF approving the renewal of the contract with Pierce Coleman, PLLC, for the provision of Town Attorney services to the Town of Fountain Hills.   9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.         Town Council Regular Meeting of September 3, 2019 3 of 4               10.ADJOURNMENT    WORK SESSION Pursuant to the Council's Rules of Procedure, no public comment is taken at work sessions. Work sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration of the Council.      1.ROLL CALL      2.DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the establishment of pavement condition standards to be used in developing a 10-year Pavement Management Program.   3.ADJOURNMENT        CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this ______ day of ____________________, 2019. _____________________________________________  Elizabeth A. Burke, MMC, Town Clerk   The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office.    Town Council Regular Meeting of September 3, 2019 4 of 4   ITEM 4.A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 09/03/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager REPORTS (Agenda Language): PROCLAMATION - September 2019 as Prostate Cancer Awareness Month. Staff Summary (Background) Mayor Dickey will be proclaiming September 2019 as Prostate Cancer Awareness Month. Attachments Proclamation Form Review Inbox Reviewed By Date Finance Director Elizabeth A. Burke 08/27/2019 02:15 PM Town Attorney Elizabeth A. Burke 08/27/2019 02:15 PM Town Manager Elizabeth A. Burke 08/27/2019 02:16 PM Form Started By: Elizabeth A. Burke Started On: 08/27/2019 02:10 PM Final Approval Date: 08/27/2019 ITEM 7.A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 09/03/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approval of the minutes of the Special Meeting of August 13, 2019, and the Special Meeting (in lieu of regular meeting) of August 13, 2019. Staff Summary (Background) The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the August 13, 2019, Special Meeting, and the August 13, 2019, Special Meeting (held in lieu of a regular meeting). SUGGESTED MOTION MOVE to approve the minutes of the Special Meetings of August 13, 2019. Form Review Inbox Reviewed By Date Finance Director Elizabeth A. Burke 08/27/2019 11:28 AM Town Attorney Elizabeth A. Burke 08/27/2019 11:35 AM Town Manager Grady E. Miller 08/27/2019 11:38 AM Form Started By: Elizabeth A. Burke Started On: 08/27/2019 11:20 AM Final Approval Date: 08/27/2019 ITEM 7.B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 09/03/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Linda Ayres, Recreation Manager Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for Fountain Events, Inc. (Christine Colley) for the Oktoberfest Event being held in Fountain Park, from 5:00 PM to 10:00 PM, Friday, September 27 through Saturday, September 28, 2019. Staff Summary (Background) The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Christine Colley representing Fountain Events, Inc., for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Risk Analysis NA Recommendation(s) by Board(s) or Commission(s) NA Staff Recommendation(s) Staff recommends approval of this special event liquor license. SUGGESTED MOTION MOVE to approve the Special Event Liquor License. Attachments Application Form Review Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 08/27/2019 08:34 AM Town Attorney Aaron D. Arnson 08/27/2019 09:27 AM Town Manager Grady E. Miller 08/27/2019 09:40 AM Form Started By: Linda Ayres Started On: 08/13/2019 02:33 PM Final Approval Date: 08/27/2019 ITEM 7.C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 09/03/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF adopting changes to the Town Code through adoption of Resolution 2019-45 (repealing Resolution Nos. 2016-04, B uilding Safety Board of Appeals; 2014-28, Community Services Advisory Commission; 2019-22, McDowell Mountain Preservation Commission; 2016-01, Sister Cities Advisory Commission; and 2009-09, Strategic Planning Advisory Commission); and Ordinance 19-15 (amending the Town Code, Chapter 2, Mayor and Council, by removing Article 2-7, Planning and Zoning Commission , and Article 2-8, Board of Adjustment; and adding a new Chapter 2A, Boards and Commissions, thereto). Staff Summary (background) During the February 2019 Town Council Retreat, the Town Council discussed the need to bring consistency and transparency to the overall board and commission process and directed staff to move forward to address the needed changes. To bring this consistency to the process, staff is recommending that all regular boards and commissions be included in a revised Town Code. The attached resolution repeals previous resolutions which established the boards and commissions as well as their bylaws. To make it easier to locate information on the Town’s boards and commissions, staff is also recommending that a new chapter be added to the Town Code, Chapter 2A, which will be placed after Chapter 2, Mayor and Council. As proposed, Chapter 2A would include general rules for all boards and commissions, and then each article within the chapter would address the specific duties of each respective board or commission. Should the Council decide to move forward in this direction, steps needed would be two-fold. First, a resolution, 2019-45, would be adopted that repeals all previous resolutions that established the boards and commissions. Second, an ordinance, 19-15, would be adopted to (1) repeal the two boards/commissions already included in the Code under Mayor and Council (2-7, Planning and Zoning Commission , and 2-8, Board of Adjustment ) and (2) place all boards and commissions under a new Chapter 2A, Boards and Commissions. Through this process, the Building Safety Board of Appeals would be repealed and not put into Code at this time due to their inactive nature since first established. Along with these changes regarding consistency, staff is recommending that all boards and commissions, other than the Board of Adjustment, have seven members. This proposed change will both ensure uniformity between the boards and commissions and will enable the members of each body to more easily obtain a quorum to expedite the board’s or commission’s business. This ordinance reflects that recommendation and also makes all terms three-year terms, with terms ending in either April or October of each year. In order to facilitate these changes, staff is recommending that, along with adoption of the resolutions and ordinance, a separate motion be made to direct staff liaisons of each of the boards/commissions to communicate these changes to their respective board/commission(s) and allow the members to determine which member will take which term. Staff has included a listing of the boards/commissions’ members and terms for your information. Staff would then bring back all of their recommendations for one swift action for appointment by the Mayor and affirmation by the Council. Related Ordinance, Policy or Guiding Principle Adopting Resolution 2019-45 Ordinance 19-15 Repealing Resolution 2016-04 Resolution 2014-28 Resolution 2019-22 Resolution 2016-01 Resolution 2009-09 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Resolution 2019-45 and Ordinance 19-15. SUGGESTED MOTION MOVE to: (1) adopt Resolution 2019-45; (2) adopt Ordinance 19-15; and (3) direct the Town Manager to have the staff liaisons of each of the boards/commissions communicate these changes to their respective board/commission(s) and allow the members to determine which member will take which term, with terms brought back to Council for overall approval. Attachments Res 2019-45 Ord 19-15 B/C Membership Listing Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 08/27/2019 08:49 AM Town Attorney Aaron D. Arnson 08/27/2019 09:27 AM Town Manager Grady E. Miller 08/27/2019 09:52 AM Form Started By: Elizabeth A. Burke Started On: 08/19/2019 10:36 AM Final Approval Date: 08/27/2019 RESOLUTION 2019-45 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, REPEALING RESOLUTION NOS. 2016-04 (BUILDING SAFETY BOARD OF APPEALS); 2014-28 (COMMUNITY SERVICES ADVISORY COMMISSION); 2019-22 (MCDOWELL MOUNTAIN PRESERVATION COMMISSION); 2016-01 (SISTER CITIES ADVISORY COMMISSION); AND 2009-09 (STRATEGIC PLANNING ADVISORY COMMISSION) RECITALS: WHEREAS, the Mayor and Town Council wish to bring consistency and transparency to the boards and commissions of the Town of Fountain Hills; and WHEREAS, the Mayor and Town Council wish to repeal those resolutions establishing the various boards and commissions of the Town and add a new chapter to the Town Code in which all boards and commissions previously established by ordinances and resolutions will be listed and by which all such boards and commissions shall henceforth be governed; and WHEREAS, the Mayor and Town Council wish to abolish the Building Safety Board of Appeals in its entirety. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The following resolutions are hereby repealed: 2016-04 (Building Safety Board of Appeals), 2014-28 (Community Services Advisory Commission), 2019-22 (McDowell Mountain Preservation Commission), 2016-01 (Sister Cities Advisory Commission), and 2009-09 (Strategic Planning Advisory Commission). SECTION 2. If any section, subsection, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 3rd day of September, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney ORDINANCE NO. 19-15 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 2, MAYOR AND COUNCIL, BY REMOVING ARTICLE 2-7, PLANNING AND ZONING COMMISSION, AND ARTICLE 2-8, BOARD OF ADJUSTMENT; AND ADDING A NEW CHAPTER 2A, BOARDS AND COMMISSIONS, THERETO RECITALS: WHEREAS, the Mayor and Town Council wish to bring consistency and transparency to the boards and commissions of the Town of Fountain Hills; and WHEREAS, the Mayor and Town Council wish to add a new chapter to the Town Code in which all boards and commissions previously established by ordinances and resolutions will be listed and by which all such boards and commissions shall henceforth be governed. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. Chapter 2 of the Town Code, Mayor and Council, is amended as follows: Article 2-7 Planning and Zoning Commission RESERVED Article 2-8 Board of Adjustment RESERVED SECTION 2. A new chapter, 2A, Boards and Commissions, is hereby added to the Fountain Hills Town Code, as outlined in Exhibit A attached hereto and made a part hereof. SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 3rd day of September, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney ORDINANCE 19-15 PAGE 2 EXHIBIT ‘A’ Chapter 2A BOARDS AND COMMISSIONS Articles: 2A-1 General 2A-2 Board of Adjustment 2A-3 Community Services Advisory Commission 2A-4 McDowell Mountain Preservation Commission 2A-5 Planning and Zoning Commission 2A-6 Sister Cities Advisory Commission 2A-7 Strategic Plan Advisory Commission ORDINANCE 19-15 PAGE 3 Article 2A-1 General Sections: 2A-1-1 Membership 2A-1-2 Officers 2A-1-3 Meetings; Rules; Minutes 2A-1-4 Conduct of Business Section 2A-1-1 Membership A. Each board or commission member shall serve for a term as set forth in this Code, provided, however, that a member’s term shall automatically extend until such time as the member’s successor is appointed. B. Members shall serve at the will and pleasure of the Council and may be removed upon notice and opportunity for a hearing, and the decision of the Council shall be final Three successive unexcused or unexplained absences from any regular or special meeting of the board or commission shall result in automatic removal without the necessity of a hearing or notice and such action shall be final. C. All board and commission members shall serve without pay. However, members may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the board or commission and approval of such expenditures by the Council. D. All board and commission members shall be residents of the Town. Section 2A-1-2 Officers Members of each board and commission shall elect a chair and vice chair from among its own members. Each chair and vice chair shall serve for one year and until such time as a successor is elected. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The vice chair shall perform the duties of the chair in the chair’s absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election. Section 2A-1-3 Meetings; Rules; Minutes All meetings of the boards and commissions shall be open to the public in accordance with state law. The Council shall provide rules of procedure for the boards and commissions relating to the conduct of its members and its meetings. The minutes of all boards and commissions proceedings shall be filed in the office of the Town Clerk. ORDINANCE 19-15 PAGE 4 Section 2A-1-4 Conduct of Business The affirmative vote of a majority of members present shall be required for passage of any matter before the board or commission. The minutes of each meeting shall reflect the “ayes” and “nays” cast on a particular measure and shall reflect the vote of each member present. A member may abstain from voting only upon a declaration that he or she has a conflict of interest, in which case such member shall take no part in the deliberations on the matter in question. ORDINANCE 19-15 PAGE 5 Article 2A-2 Board of Adjustment Sections: Section 2A-2-1 Creation Section 2A-2-2 Membership Section 2A-2-3 Quorum Section 2A-2-4 Duties Section 2A-2-5 Nonconforming Use Section 2A-2-6 Variances Section 2A-2-7 Limitation of Authority Section 2A-2-8 Appeals Section 2A-2-9 Filing Fees for Appeals Section 2A-2-1 Creation The Board of Adjustment of the Town of Fountain Hills is hereby established. Section 2A-2-2 Membership The Board of Adjustment shall be composed of a total of five members appointed by the Mayor, subject to the approval of the Council. These appointments shall be for a period of three years each, with the terms of members staggered such that the terms of no more than two members shall expire in any one year. Section 2A-2-3 Quorum Three members shall constitute a quorum of the Board of Adjustment. Section 2A-2-4 Duties A. It shall be the duty of the Board of Adjustment to hear appeals concerning the interpretation or administration of the zoning code made by the zoning administrator. The Board may reverse, affirm, wholly or partially or modify the order, requirement or decision of the zoning administrator appealed from, and make such order, requirement, decision or determination as necessary. B. It shall be the duty of the Board of Adjustment to hear and decide appeals for variances from the terms of the zoning code only, if because of special circumstances applicable to the subject property, including its size, shape, topography, location or surroundings, the strict application of the zoning code will deprive such property owner of privileges enjoyed by owners of other property of the same classification in the zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. ORDINANCE 19-15 PAGE 6 C. The Board of Adjustment may not: 1. Make any changes in the uses permitted in any zoning classification or zoning district, make any changes in the terms of the zoning code or make changes to the zoning map; provided the restriction in this paragraph shall not affect the authority to grant variances pursuant to this Article. 2. Grant a variance if the special circumstances applicable to the property are self - imposed by the property owner. Section 2A-2-5 Nonconforming Use No nonconforming use or violations of this Article with respect to neighboring lands, structures or buildings in the same zoning district, and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for granting a variance. Section 2A-2-6 Variances Every variance shall be personal to the applicant and shall run with the land only after completion of any structure or structures authorized thereby. Section 2A-2-7 Limitation of Authority Nothing herein contained shall be construed to empower the Board to authorize uses which violate any other Town code or ordinance, to effect changes in the zoning map or to add to or change the uses permitted in any zoning district. Section 2A-2-8 Appeals The decision of the Board shall be final; provided, however, that any person aggrieved by a decision of the Board may, at any time within 30 days after the filing of the decision in the office of the Development Services Department, file a special action in the nature of certiorari with the Arizona Superior Court in and for Maricopa County for review of the Board's decision. Allowance of the writ shall not stay proceedings upon the decision appealed from, unless the court shall grant a restraining order. Section 2A-2-9 Filing Fees for Appeals A. Upon filing an application for appeal, the appellant shall pay a filing fee in an amount established by a schedule adopted by the Council as part of the Town's annual budget or by separate resolution. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the petitioner is a town, city, county, state or federal government. B. In the case of an appeal for a variance to more than one provision of the zoning code, the filing fee shall equal the total amount chargeable for all provisions as prescribed by the fee schedule. ORDINANCE 19-15 PAGE 7 Article 2A-3 Community Services Advisory Committee Sections: Section 2A-3-1 Creation Section 2A-3-2 Membership Section 2A-3-3 Quorum Section 2A-3-4 Duties Section 2A-3-1 Creation The Community Services Advisory Commission is hereby established. Section 2A-3-2 Membership The Community Services Advisory Commission shall be composed of a total of seven members appointed by the Mayor, subject to the approval of the Council, one of which shall be a youth member. These appointments shall be for a period of three years each, with the terms of members staggered such that the terms of no more than three members shall expire in any one year, with the exception of the youth member (a high school student) whose term shall begin on September 1 of each year and end on June 30 of the following year. Section 2A-3-3 Quorum Four members shall constitute a quorum of the Community Services Advisory Commission. Section 2A-3-4 Duties The Commission shall have the following duties: A. Act in advisory capacity to the Town Council, Town Manager and Community Services Director in matters pertaining to the Community Services Department. B. Consider provisions of the annual Community Services Department budget during the process of the preparation of the budget and make recommendations with respect thereto to the Community Services Director. C. Assist in the planning of educational and recreational programs for the residents of the Town and promote and stimulate public interest therein. D. Perform such other duties not inconsistent with this Article as may be requested by the Town Council, Town Manager or Community Services Director. ORDINANCE 19-15 PAGE 8 Article 2A-4 McDowell Mountain Preservation Commission Sections: Section 2A-4-1 Creation Section 2A-4-2 Membership Section 2A-4-3 Quorum Section 2A-4-4 Duties Section 2A-4-1 Creation The McDowell Mountain Preservation Commission is hereby established. Section 2A-4-2 Membership The McDowell Mountain Preservation Commission shall be composed of a total of seven members appointed by the Mayor, subject to the approval of the Council. These appointments shall be for a period of three years each, with the terms of members staggered such that the terms of no more than three members shall expire in any one year. Section 2A-4-3 Quorum Four members shall constitute a quorum of the McDowell Mountain Preservation Commission. Section 2A-4-4 Duties The Commission shall have the following duties: A. Act in advisory capacity to the Town Council, Town Manager and Community Services Director in all matters pertaining to the McDowell Mountain Preserve. B. Act as liaison between the Town Council and the Sonoran Conservancy. C. Consider provisions of the Town’s annual budget for Commission purposes during the process of the preparation of the budget and make recommendations with respect thereto to the Community Services Director. D. Assist in the planning of programs for the citizens of the Town and promote and stimulate public interest in the McDowell Mountain Preserve. E. Advise the Community Services Director with respect to the acceptance of money, personal property or real estate donated or offered to the Town for McDowell Mountain preservation purposes. ORDINANCE 19-15 PAGE 9 F. Perform such other duties not inconsistent with these as may be requested by the Town Council. ORDINANCE 19-15 PAGE 10 Article 2A-5 Planning and Zoning Commission Sections: 2A-5-1 Creation 2A-5-2 Membership 2A-5-3 Quorum 2A-5-4 Duties Section 2A-5-1 Creation of the Planning and Zoning Commission The Planning and Zoning Commission is hereby established. Section 2A-5-2 Membership The Planning and Zoning Commission shall be composed of a total of seven members. The members of the Commission shall be appointed by the Mayor, subject to the approval of the Council. These appointments shall be for a period of three years each, with the terms of members staggered such that the terms of no more than three members shall expire in any one year. Section 2A-5-3 Quorum Four members shall constitute a quorum of the Planning and Zoning Commission. Section 2A-5-3 Duties The Commission shall have the following duties: 1. Formulate and administer any lawful plan duly adopted by the Council for growth and development. 2. Make or cause to be made a continuous study of the best and future use to which land and buildings shall be put within the Town of Fountain Hills. 3. Recommend to the Council revisions in such plans that, in the opinion of the Commission, are in the best interest of the citizens of the Town of Fountain Hills. 4. Hold public hearings when necessary or when required by law. 5. Make recommendations to the Council on all matters concerning or relating to the creation of Zoning Ordinances, the boundaries thereof, the appropriate regulations to be enforced therein, and amendments of the Town of Fountain Hills Zoning Ordinance. ORDINANCE 19-15 PAGE 11 6. Carry out the specific duties as prescribed by this Code, including Chapter 17, the Town of Fountain Hills Zoning Ordinance. 7. Undertake all activities usually associated therewith and commonly known as "planning and zoning;" provided, however, that Commission members shall not interfere with, or participate in, the administrative duties of the Town's Development Services Department. 8. To confer and advise with other town, county, regional, or state planning agencies and commissions. ORDINANCE 19-15 PAGE 12 Article 2A-6 Sister Cities Advisory Commission Sections: Section 2A-6-1 Creation Section 2A-6-2 Membership Section 2A-6-3 Quorum Section 2A-6-4 Duties Section 2A-6-1 Creation The Sister Cities Advisory Commission is hereby established. Section 2A-6-2 Membership The Sister Cities Advisory Commission shall be composed of a total of seven members appointed by the Mayor, subject to the approval of the Council, with three of these members being officers or board members from the Fountain Hills Sister Cities Corporation. These appointments shall be for a period of three years each, with the terms of members staggered such that the terms of no more than three members shall expire in any one year. Section 2A-6-3 Quorum Four members shall constitute a quorum of the Sister Cities Advisory Commission. Section 2A-6-4 Duties The Commission shall have the following duties: A. Recommend the selection of cities to the Town Council for the development of municipal partnerships. B. Assist the Fountain Hills Sister Cities Corporation in hosting receptions and events for visiting delegations and official from current or prospective sister cities. C. Recommend to the Town Council events, opportunities, programs and projects to develop a community partnership with designated sister cities and to provide a forum for citizens to experience such community partnerships. D. Recommend to the Town Council guidelines for reciprocal cultural, educational, municipal, business, professional and technical exchanges and projects with designated sister cities. ORDINANCE 19-15 PAGE 13 E. Recommend to the Town Council agreements with other governmental and nongovernmental organizations to collaborate on promoting cultural understanding and stimulating economic development. F. Such other powers and duties not inconsistent with these as may be directed by the Town Council. ORDINANCE 19-15 PAGE 14 Article 2A-7 Strategic Planning Advisory Commission Sections: Section 2A-7-1 Creation Section 2A-7-2 Membership Section 2A-7-3 Quorum Section 2A-7-4 Duties Section 2A-7-1 Creation The Strategic Planning Advisory Commission is hereby established. Section 2A-7-2 Membership The Strategic Planning Advisory Commission shall be composed of a total of seven members appointed by the Mayor, subject to the approval of the Council. These appointments shall be for a period of three years each, with the terms of members staggered such that the terms of no more than three members shall expire in any one year. Section 2A-7-3 Quorum Four members shall constitute a quorum of the Strategic Planning Advisory Commission. Section 2A-7-4 Duties The Commission shall have the following duties: A. Champion the Town’s Strategic Plan to keep it visible for the Town Council, staff, citizens and media. B. Act in an advisory capacity to the Town Council and Town Manager in matters pertaining to the Town’s Strategic Plan. C. Provide a copy of the Strategic Plan to all Fountain Hills Town candidates for public office and educate newly-elected and appointed officials about the Strategic Plan. D. Monitor the Strategic Plan’s implementation and ensure its long-term legitimacy. E. Update the Strategic Plan at least once every five years dependent on appropriations by the Town Council. F. Make recommendations with respect to the implementation of the Strategic Plan to the Town Manager. ORDINANCE 19-15 PAGE 15 G. Develop partnerships to help implement adopted strategic initiatives. H. Meet annually with the Town Council to assess progress of the Strategic Plan. I. Host public dialogue about new strategic initiatives to consider for the next five-year strategic plan. J. Write brief periodic Strategic Plan progress reports. K. Perform such other duties not inconsistent with these as may be requested by the Town Council. BOARD OF ADJUSTMENT John Kovac Board member 02/01/2015 01/31/2019 Carol Perica Vice chair 02/04/2016 01/31/2020 Paul Ryan Chair 02/04/2016 01/31/2020 Nick Sehman Board member 02/01/2015 01/31/2019 Daniel J. Halloran Board member 02/01/2015 01/31/2019 COMMUNITY SERVICES ADVISORY COMMISSION Amy Arnold Vice-Chair 01/16/2018 12/31/2020 Youth Commissioner 06/30/2020 Don Doty Commissioner 01/06/2018 12/31/2020 Daniel Fecteau Commissioner 02/19/2019 12/31/2020 Jerry Gorrell Commissioner 02/19/2019 12/31/2020 Sharron Grzybowski Commissioner 02/19/2019 12/31/2020 Sharon Morgan Commissioner 02/19/2019 12/31/2020 Ron Ruppert Chair 01/06/2018 12/31/2020 Natalie Varela Commissioner 02/19/2019 12/31/2020 MCDOWELL MOUNTAIN PRESERVATION COMMISSION Thomas Aiello Commissioner 02/19/2019 12/31/2020 Tom Barberic Vice-Chair 02/19/2019 12/31/2021 Bill Craig Commissioner 02/19/2019 12/31/2020 Paul Garvey Commissioner 02/19/2019 12/31/2021 Scott Grzybowski Commissioner 02/19/2019 12/31/2020 Bill Myers Chair 02/19/2019 12/31/2021 Dr. Darrienne Slater Commissioner 03/19/2019 12/31/2020 PLANNING AND ZONING COMMISSION Mathew Boik Commissioner 03/01/2018 09/30/2020 VACANT Commissioner 03/01/2018 09/30/2020 Susan Dempster Chairman 10/02/2017 09/30/2019 Erik Hansen Vice-Chairman 11/06/2018 09/30/2020 Christopher Jones Commissioner 10/01/2016 09/30/2019 Scott Schlossberg Commissioner 03/01/2018 09/30/2020 Peter Gray Commissioner 11/06/2018 09/30/2020 SISTER CITIES ADVISORY COMMISSION Carol Carroll Chair 06/19/2018 06/18/2021 Vicky Derksen Commissioner 06/19/2018 06/18/2021 Enrique Melendez Commissioner 06/16/2016 06/15/2019 Jackie Miles Commissioner 06/16/2016 06/15/2019 Lisa Ristuccia Commissioner 09/18/2018 06/18/2021 Dr. Patrick Sweeney Vice Chair 06/16/2016 06/15/2019 Bev Tall Commissioner 06/19/2018 06/18/2021 STRATEGIC PLANNING ADVISORY COMMISSION Gerard Bisceglia Commissioner 02/05/2019 11/05/2020 Peter Bordow Vice-Chair 02/05/2019 11/05/2020 John W. Craft, Jr. Commissioner 02/05/2019 11/05/2020 Gerry Friedel Commissioner 02/05/2019 06/30/2019 Cynthia Magazine Commissioner 02/05/2019 11/05/2020 John McHugh Commissioner 07/01/2017 06/30/2019 Dana Saar Chair 07/01/2017 06/30/2019 ITEM 7.D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 09/03/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF adopting Resolution 2019-46 - A resolution of the Mayor and Town Council of Fountain Hills, Maricopa County, Arizona, approving the Town of Fountain Hills, Arizona Town Council Rules of Procedure, Amended and Restated September 3, 2019. Staff Summary (background) During a review of resolutions and ordinances pertaining to boards and commissions, staff identified a few minor changes to help clarify the Rules of Procedure. The following are minor housekeeping items that include: 1) Clarifying there is no public comment at work sessions or special meetings (unless the special meeting is held in place of a regular meeting or unless the special meeting includes a public hearing). (Sect. 3.7) 2) Changing the name of Agenda Action form to Staff Report, and clarifying the process for items being placed on the agenda. (Sect. 4.2) 3) Allowing the Mayor to change the length of time for speakers if there is a large crowd speaking on the same issue (Sect. 5.2F) 4) Clarifying the item at the end of regular meeting agendas regarding Council Direction (Request for Information) to the Town Manager. (Sect. 5.2G) 5) Removing the Building Safety Board of Appeals. (Sect. 9.1) 6) Clarifying staggered terms for boards and commissions (Sect. 9.5) 7) Making removal of a board or commission member consistent as outlined in the Town Code. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Resolution 2019-46. SUGGESTED MOTION MOVE to adopt Resolution 2019-46. Attachments Res 2019-46 Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 08/27/2019 09:51 AM Town Attorney Aaron D. Arnson 08/27/2019 10:48 AM Town Manager Elizabeth A. Burke 08/27/2019 11:01 AM Form Started By: Elizabeth A. Burke Started On: 08/20/2019 09:00 AM Final Approval Date: 08/27/2019 RESOLUTION NO. 2019-46 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING THE TOWN OF FOUNTAIN HILLS, ARIZONA TOWN COUNCIL RULES OF PROCEDURE, AMENDED AND RESTATED SEPTEMBER 3, 2019 ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows: SECTION 1. That the Town of Fountain Hills, Arizona Town Council Rules of Procedure, Amended and Restated September 3, 2019, are hereby approved in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 3rd day of September, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney RESOLUTION 2019-46 PAGE 2 EXHIBIT A TOWN OF FOUNTAIN HILLS, ARIZONA TOWN COUNCIL RULES OF PROCEDURE AMENDED AND RESTATED SEPTEMBER 3, 2019 Rules of Procedure - March 5, 2019 Page 1 SEPTEMBER 3, 2019 SECTION 1. RULES OF PROCEDURE/AUTHORITY 1.1 PROCEDURES The following are the basis for and are used in conjunction with these basic Rules of Procedure for meetings of the Council, Boards, Commissions and Committees: A. State Law B. Town Code, including these Council Rules C. Parliamentary Procedure at a Glance, New Edition , by O. Garfield Jon es D. Roberts Rules of Order, 10th edition, as amended In case of inconsistency, conflict, or ambiguity among the documents listed above, such documents shall govern in the order in which they are listed. 1.2 PRESIDING OFFICER As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice-Mayor, is the Presiding Officer of all meetings of the Council. In the absence or disability of both the Mayor and the Vice-Mayor, the meeting shall be called to order by the Town Clerk, whereupon, the Town Clerk shall immediately call for the selection of a temporary Presiding Officer. If a majority of the Councilmembers present are unable to agree on a Presiding Officer for the meeting, the meeting shall automatically be adjourned and all agenda items shall be carried over to the next regular Council meeting. 1.3 PARLIAMENTARIAN The Town Attorney shall serve as Parliamentarian for all meetings. The Town Clerk shall act as Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as Parliamentarian in the absence of both the Town Attorney and Town Clerk. 1.4 SUSPENSION OF THE RULES The Council, by a three-quarter vote of all members present, may suspend strict observance of these Council Rules or other policies and procedures for the timely and orderly progression of the meeting; provided, however, that a simple majority of the Council may cause a change in the order of items on the agenda. Rules of Procedure - March 5, 2019 Page 2 SEPTEMBER 3, 2019 SECTION 2. DEFINITIONS 2.1 AGENDA As set forth in the Order of Business, an agenda is a formal listing of items to be considered by (i) the Council at a noticed meeting of the Council or (ii) the applicable Board, Commission or Committee at a noticed meeting of that body. The content of the agenda may not be changed less than 72 hours prior to the public meeting, except in exceptional circumstances, but in no event shall the agenda be altered l ess than 24 hours prior to the public meeting, unl ess otherwise authorized by State law. 2.2 AGENDA PACKET A compilation of documents supporting the items listed on the agenda and requiring Council consideration or action, which may be used by Council, staff and the public for more in-depth information than may be presented in an oral report. The agenda Packet is organized as set forth in the Order of Business in Section 5 below and is made available electronically to the Council or to any citizen on the Town's website: www.fh.az.gov by 6:00 p.m. the Thursday prior to the date of the meeting. 2.3 CONSENT AGENDA Items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of Consent Agenda items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or by notifying the Town Manager prior to the date of the meeting. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 2.4 COUNCIL Collectively, the Mayor and Common Council of the Town of Fountain Hills. 2.5 COUNCIL RULES These Town of Fountain Hills, Arizona Town Council Rules of Procedure. 2.6 MEETING The gathering, in person or by technological devices, of a quorum of the Council, Boards, Commissions or Committees, at which the Councilmembers, Board members, Commissioners, or Committee members discuss, propose or take legal action, including any deliberations by a quorum with respect to such action. If a quorum is not present, those in attendance will be Rules of Procedure - March 5, 2019 Page 3 SEPTEMBER 3, 2019 named for the record by the Town Clerk or the staff liaison for a Board, Commission or Committee. 2.7 NEWSPAPER A daily or weekly paid publication of general circulation within the Town of Fountain Hills, Arizona. 2.8 NOTICE A formal announcement to the public that sets the date, time and the place at which a meeting will be held. Such notice of meetings shall be in accordance with the State law, the Town Code and these Council Rules. 2.9 QUORUM The minimum number of Members of the Council, Board, Commission, or Committee that must be present in order for business to be legally transacted. With a seven-member body, a quorum is four members, unless otherwise specifically authorized by State law. 2.10 TOWN The Town of Fountain Hills, an Arizona municipal corporation. SECTION 3. MEETINGS 3.1 REGULAR MEETINGS A. Regular Meeting Date; Time. The Council shall hold regular meetings on the first and third Tuesday of each month at 5:30 P.M. When deemed appropriate, any regular meeting date of the Council may be changed or cancelled by a majority of the Council. Notice of the rescheduled or cancelled meeting shall be given to the public as is reasonable and practicable under the circumstances. All regular meetings shall be held at the Town Hall Council Chambers or at such place as may be prescribed by the Mayor or the Town Manager. The Council may provide for a "Call to the Public" at such regular meetings. B. Holidays. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but such meeting shall be held at the same time and the same location on the day designated by the Council that is not a holiday, unless the meeting is otherwise cancelled by the Council. Rules of Procedure - March 5, 2019 Page 4 SEPTEMBER 3, 2019 3.2 ADJOURNED MEETINGS Any meeting may be adjourned to a time, place and date certain, but not beyond the next regular Council meeting. Once adjourned, the meeting may not be reconvened except at the time, date and place provided for in the motion to adjourn. 3.3 SPECIAL MEETINGS The Mayor, the Town Manager, or the Town Clerk (upon the written request of three Councilmembers), may convene the Council at any time after giving at least 24 hours' notice of such meeting to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such special meeting. In the case of an actual emergency, a meeting may be held upon such notice as is appropriate to the circumstances. 3.4 WORK SESSIONS A. How Convened; When Convened; Notice. The Mayor or the Town Manager (at his own discretion or upon the written request of three Councilmembers) may convene the Council in a work session at any time after giving notice at least 24 hours in advance of such work session to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such work session. B. Purpose. Work sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration of the Council than may be possible at a regular meeting. No formal action of the Council may be taken at such work session, other than general consensus or conveying direction to staff for further action. These work sessions shall not provide for a “Call to the Public.” 3.5 EXECUTIVE SESSIONS Subject to applicable State law, the Council may hold such closed executive sessions as necessary to conduct the business of the Town. 3.6 EMERGENCY MEETINGS As provided for by State law, the Mayor and Council or the Town Manager may call a special emergency meeting to discuss or take action on an unforeseen issue where time is of the essence and sufficient time does not provide for the posting of a meeting notice 24 hours or more before the meeting. Notice of an emergency meeting of the Council will be posted within 24 hours following the holding of an emergency meeting. The notice will include the emergency meeting’s agenda and a brief but complete description of the nature of the emergency. Emergency meetings shall not provide for a "Call to the Public." Rules of Procedure - March 5, 2019 Page 5 SEPTEMBER 3, 2019 3.7 MEETINGS TO BE PUBLIC A. Open to Public. With exception of executive sessions, all regular, special and work session meetings of the Council, Boards, Commissions, and Committees shall be open to the public. B. Public Comment. Public comment (Call to the public) is not taken at work sessions, emergency meetings or at special meetings, unless the special meeting is held in place of a regular meeting, or unless the special meeting includes a public hearing on the agenda. 3.8 MINUTES OF MEETINGS A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special, work session, emergency and executive session meetings of the Council for the purpose of taking notes and/or audio recordation of the meeting. The Town staff liaison to each Board, Commission or Committee shall ensure staff attendance at all meetings for the purpose of taking notes and/or audio recordings of the meetings. B. Recordings; written minutes. To the extent possible, all open, public meetings shall be recorded by means of audio or video technology. In addition, written minutes reflecting legislative intent shall be taken so that an accounting of the issues discussed and actions taken is compiled and entered into the permanent Minute Book of the Town and kept on file and of record in the Office of the Town Clerk. Audio or video recordings of meetings will be retained for a period of time in accordance with the current Town of Fountain Hills and/or State of Arizona approved records retention and disposition schedules. Minutes shall identify speakers by name and shall indicate whether they are Fountain Hills residents, and whether they support or oppose the proposed action (i.e. "for" or "against") along with a summary of the speakers' verbal comments provided at the meeting. C. Availability. All meeting minutes of the Council, Boards, Commissions, and Committees are deemed to be public records, with the exception of executive session minutes, which, while they fall under the definition of and are considered public records by State law, are deemed confidential and are only available under limited conditions or by Court Order. Transcribed minutes, or the audio or video recordings of all open meetings of the Council, Boards, Commissions, and Committees must be available for public review by 5:00 p.m. on the third working day following each meeting, or as provided by State law. The Town Clerk or designee shall ensure that the minutes of all regular, and special meetings and work sessions of the Council, Boards, Commissions, and Committees are made available through the Town's Web Site, www.fh.az.gov within two working days following their approval, or as provided by State law. D. Executive Sessions. Minutes of executive sessions (1) shall be confidential; (2) are maintained and secured by the Town Clerk; and (3) may be accessed only as provided by State law. Rules of Procedure - March 5, 2019 Page 6 SEPTEMBER 3, 2019 E. Approval. Minutes of all meetings of the Council (other than executive sessions) may be approved under the consent agenda, unless removed for discussion and separate action. SECTION 4. NOTICE AND AGENDA 4.1 POSTING NOTICES A. Time. The Town Clerk, or authorized designee, shall prepare all public meeting notices of the Council, and shall ensure posting of the meeting notices no less than 24 hours before the date and time set for said meetings in accordance with State law. The staff liaison to each Board, Commission or Committee shall ensure that agendas are posted in the same manner as for the Council. B. Locations. Meeting notices shall be posted at a minimum of three locations within the Town, including the Community Center, Town Hall and the Town's website [www.fh.az.gov]. 4.2 AGENDA PREPARATION A. Availability. The Town Manager, or authorized designee, shall prepare the agendas for all meetings of the Council as set forth below. Agendas of all meetings of the Council shall generally be available to the public no less than 72 hours prior to said meetings, except in exceptional circumstances. In no event shall the agenda be made available less than 24 hours prior to said meeting. Agendas and agenda packet materials are made available through the Town's web site. The staff liaison to each Board, Commission or Committee shall ensure that the agenda is available in the same manner as required for the Council. B. Submittal Process. Items may be placed on the Council agenda for discussion and possible action by the following process (the agenda process for Boards, Commissions or Committees shall be as determined by the applicable Department Head which shall be substantially the same as the Council agenda submittal process): 1. All Departments: Preparation of the Agenda Action form STAFF REPORT with signatures of the department director and staff (including all attachments) provided to the Town Clerk for submittal to the Town Manager not later than two business days prior to agenda packet preparation day (the Tuesday prior to meeting date). Town Manager approves/amends items and signs off, finalizing the item for inclusion in the agenda packet. 2. Mayor and Councilmembers: The Mayor or three Councilmembers may direct the Town Manager through a written request to place an item on an agenda for action. Any Councilmember may direct the Town Manager to place an item on a future agenda during the "Council Discussion/Direction to Town Manager" portion of a meeting. Rules of Procedure - March 5, 2019 Page 7 SEPTEMBER 3, 2019 3. Town Manager and Town Attorney: The Town Manager or Town Attorney may place an item on the agenda by including appropriate documentation. 4. Citizen or Group: A citizen or group may apply to have an item placed on the agenda as follows: a. Obtain a "Scheduled Public Appearance/Presentation" form from the Town Clerk and, when completed, return it to the Town Clerk for submission to the Town Manager. b. The Town Manager or authorized designee shall research the issue to determine if it may be handled administratively or will require Council discussion. If it is determined that the matter should be placed before the Council, the Town Manager shall ensure that documentation, if any, is compiled and the material included in the agenda packet. If the Town Manager determines that the subject should not be placed on the agenda, an individual wishing to have an item on the agenda as a "Scheduled Public Appearance" may (i) ask that the request be forwarded to the Mayor for consideration or (ii) obtain the written request of three members of the Council to place the item on the agenda, and submit that request to the Town Manager. c. The Town Manager may postpone the requested appearance/ presentation date, if additional staff time is needed to research a proposed agenda item. C. Time Lines for Submission of Items. 1. Agenda items shall be submitted to the Town Manager by 2:00 p.m., not less than nine calendar days prior to regular and special meetings to ensure timely delivery to Councilmembers. 2. Agenda items for work sessions shall be submitted to the Town Manager by 2:00 p.m., not less than seven calendar days prior to the meeting to ensure timely delivery to Councilmembers. 3. The Town Manager may approve exceptions to the schedule above in order to ensure that the distribution of all agenda packets to the Council is in conformance with these Council Rules. 4. Any requests requiring audio/visual support must be submitted to the Town Clerk for coordination with the information and technology division a minimum of 48 hours prior to the meeting to ensure proper coordination and preparation. Department directors are responsible for obtaining presentation materials from applicants or presenters involved in their respective agenda items. Rules of Procedure - March 5, 2019 Page 8 SEPTEMBER 3, 2019 D. Agenda Item Submittals for Council Executive Sessions. Items may be placed on the agenda for Council executive session discussion (if in compliance with the Town Code and applicable State Statutes) by the following process: 1. Submission by a Councilmember, the Town Manager or the Town Attorney (with notice to all Councilmembers). 2. Submission by the Mayor (with notice to all Councilmembers). 3. The Town Manager and the Town Attorney shall review the submittal for executive session discussions prior to placement on the agenda, to ensure that the item is the proper subject of an executive session pursuant to state law. 4. The Town Attorney shall advice the Town Clerk regarding the appropriate agenda language of executive session items. E. Agenda Packets. Full agenda packets for all noticed meetings (except executive session documentation) of the Council shall be made available to Council members electronically, five days before regular meetings and work sessions; provided, however, that agenda packets may be supplemented later under special circumstances so long as no agenda packet material is made available less than 72 hours prior to the meeting, except in the case of exceptional circumstances or an emergency meeting. F. Removal Requests. Requests to remove items from the Consent Agenda occurring after the 72 hour posting deadline will be announced by the Mayor at the beginning of the meeting at which the item was scheduled. The posted agenda will remain unchanged. 4.3 DISTRIBUTION OF NOTICES AND AGENDAS A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies of all meeting notices and agendas and any documentation provided for said meeting electronically, not less than 72 hours prior to the meeting, unless exceptional circumstances require a later delivery. B. Distribution. The Town Clerk shall ensure that the meeting notices, agendas and packet documentation, as deemed necessary, are posted to the Town's website: www.fh.az.gov and made available to the Mayor and Council, the public, Town Manager, Town Attorney, and staff electronically by 6:00 p.m. on the Thursday prior to the date of the meeting. C. Amendments. A posted agenda may be amended up to 72 hours prior to such meeting. In exceptional circumstances, such agenda may be amended up to, but not less than, 24 hours prior to the designated meeting, unless otherwise authorized by State Law. Amended agendas shall indicate the date amended. Rules of Procedure - March 5, 2019 Page 9 SEPTEMBER 3, 2019 SECTION 5. ORDER OF BUSINESS 5.1 ORDER OF BUSINESS The Order of Business of each meeting shall be as contained in the agenda. The agenda shall be a sequentially numbered listing by topic and a brief description of business items that shall be taken up for consideration. 5.2 REGULAR MEETINGS The agenda shall be prepared substantially in the following order, but may be amended for brevity: AGENDA Call to Order & Pledge of Allegiance Invocation/Moment of Reflection Roll Call Reports by Mayor, Councilmembers and Town Manager (including proclamations) (No discussion) Scheduled Public Appearances/Presentations (if any) Call to the Public (Non-agenda items) (preceded by the following paragraph) Pursuant to ARIZ. REV. STAT. § 38-431.01 (H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the pu blic, individua l Counci lmembers may (i) respond to criticism, (ii) ask staff to review the matter or (iii) ask that the matter be placed on a future Council agenda. Consen t Ag enda (preceded by the following explanatory paragraph) All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and 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 th ese items unless a Councilmember or member of the public so requests. If a Council member or member of th e public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to t he Town Manager or Mayor prior to the date of the meeting for which Rules of Procedure - March 5, 2019 Page 10 SEPTEMBER 3, 2019 the item was scheduled. The item will be removed from the Consent Agenda and considered in its normal sequence on th e agenda. Action Items (grouped by subject to the extent possible) Council Discussion/Direction to REQUEST FOR INFORMATION FROM Town Manager (Items for future agendas) Adjournment All agendas s hall have the following statement placed at the bottom: 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 or to obtain agenda information in large print format. A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment of Reflection or Invocation and before proceeding with the business of the Council, th e Presiding Officer shall direct the Town Clerk or authorized designee to call the Roll, and the names of Councilmembers both present and absent shall be entered into the minutes. The order of roll call shall be: Mayor, Vice Mayor and then Councilmembers from the Mayor's far right to th e Mayor's far left. B. Reports by Mayor, Councilmembers and Town Manager The Mayor may u se Reports to read proclamations or conduct other ceremonial matters as listed on the posted agenda and reports may be given by the Mayor, Councilmembers and Town Manager on current events and/or activities. (The Arizona Open Meeting Law does not allow discussion or action on any matter mentioned during the reports.) C. Scheduled Public Appearances/Presentations. The process set forth in Subsection 4.2(B) (4) above applies to members of the public or groups wishing to place an item on the agenda under "Scheduled Public Appearances/Presentations". If the request is approved by the Town Manager, the item will appear on the agenda. The Town Manager shall endeavor to limit the total time for such presentations to ten minutes individually and 30 minutes collectively per Council meeting. Councilmembers may use "Scheduled Public Appearances/Presentations" section to provide an update of official activities, as listed on the posted agenda. D. Call to the Public. 1. All citizens and interested parties will be limited to a maximum of three minutes to address the Council on a non-agenda item. 2. All citizens and interested parties wishing to speak before the Council shall Rules of Procedure - March 5, 2019 Page 11 SEPTEMBER 3, 2019 fully complete a Request to Comment form (Request Form). Request forms submitted by those who indicate they will not speak will be grouped together in the order in which the cards were received and by the categories of "for" and "against" relating to the item indicated on the request forms. The Town Clerk will announce the number of cards received, if any, and number received per category. 3. At the conclusion of each citizen's comments, the Presiding Officer may take any or all of the following actions: a. Thank speaker for addressing issue. b. Ask staff to review matter. c. Ask that a matter be put on a future agenda. d. Permit individual Councilmembers to respond to criticism raised during the Call to the Public 4. At the discretion of the Presiding Officer a light and/or sound signals may be used to indicate the commencement of the time for speaking and a warning light may flash to show that the appropriate time has passed. A red light will signal that there is no longer any remaining time. E. Consent Agenda 1. The Consent Agenda includes items that are of such a nature that discussion is not requ ired, or issues that have been previously studied by the Council. These items may be adopted by one motion and vote. 2. There is no detailed discussion on items listed under the Consent Agenda, unless a member of the Council or any member of the public in attendance at the meeting requests that an item or items be removed for discussion. Councilmembers or the public may not ask a question w it hout removal of the item from the Consent Agenda. 3. Items removed from the Consent Agenda are considered in their normal sequence as listed on the agenda, unless called out of sequence as provided under Section 1.4 (Suspension of the Rules) above. F. Action Items. 1 . At the time each business item is presented to the Council, the Town staff shall present a report on the subject and the applicant, if any, may also speak. The Mayor or the Town Clerk, or author ized designee, will t hen call the request forms of those citizens desiring input and comments. All citizens and interested parties wishing to speak before the Council shall fully complete request forms and subm i t the forms to the Town Clerk , or authorized designee, prior to Council discussion of that agenda item. Rules of Procedure - March 5, 2019 Page 12 SEPTEMBER 3, 2019 Sufficient request forms shall be located in the Council Chamber's Lobby (the public entry area into the Chamber) and at the Town Clerk's position on the dais. Completed request forms will be retained by the Town Clerk until the draft minutes are approved by the Council at a subsequent meeting. Speakers' names and comments will be summarized and included in the meeting minutes. Speakers will be called in the order in wh ich the request forms were received. If a speaker chooses not to speak when called, such speaker will be deemed to have waived his/her opportunity to speak on that matter. 2. Those speaking before Council will be allowed three contiguous minutes to address Council, but time limits may be waived by (a) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a meeting, (b) consensus of the Council at a meeting or (c) the Mayor either prior to or during a meeting. Speakers may not (a) reserve a portion of their time for a later time, or (b) transfer any portion of their time to another speaker. 3. The purpose of all public comments is to provide information and the speaker 's views for Council consideration. It is not appropriate for the speakers to question directly, or debate the matter under consideration with staff, other speakers, the audience or Councilmembers; all remarks will be addressed to the Presiding Officer and not to individual Councilmembers. All comments shall be addressed through the Presiding Officer who shall decide if any response is warranted and who, if anyone, shall address the concern. Councilmembers may request, upon recognition by the Presiding Officer, clarification of comments or materials presented by the speakers, any applicant's representatives or Town staff; provided, however, that no Councilmember sha ll engage in debate directly with such speakers, representatives or Town staff. 4. Proper decorum, in accordance with Section 6.4 below, must be observed by Councilmembers, by speakers in providing testimony and remarks and by the audience. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Councilmembers, Town staff or members of the public are not allowed. 5. Generally, agenda items requiring public hearings, other than those of a quasi- judicial nature, shall be conducted in the following order: a. The Presiding Officer will announce the matter that is set forth for a public hearing, will then open the public hearing, and, if appropriate, ask the staff to provide a report of the matter. b. The Presiding Officer will then ask the applicant to speak regarding the matter. Rules of Procedure - March 5, 2019 Page 13 SEPTEMBER 3, 2019 c. After all public comments are heard, the Presiding Officer will close the public hearing, and may ask staff or the applicant to respond to the comments. d. The Presiding Officer may t hen call for a motion and second, if applicable, and ask if Council wishes to discuss the issue. Council may then proceed to discuss the matter. e. Upon the conclusion of Council comment, the Presiding Officer will call for action on the motion. f. Exhibits, letters, petitions, and other documentary items presented or shown to the Council on a public hearing item become part of the record of the public hearing and shall be maintained by the Town Clerk. g. Ten collated sets of written or graphic materia ls should be provided by the speaker to the Town Clerk prior to the commencement of the hearing to allow for distribution to the Council, key Town staff and the Town Clerk for inclusion in the public record. Reduced copies (8”x 11") of large graphic exhibits should be provided as part of the sets of materials for distribution as provided above. The appropriate staff member shall be responsible to notify applicants of this requirement. 6. Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the agenda item, limit repetitive testimony, AND LIMIT THE AMOUNT OF TIME PER SPEAKER but in no event to less than three minutes per topic. Upon approval of (a) the Presiding Officer or (b) a majority of the Council, persons may be allowed to speak longer than three minutes. Councilmembers may ask the individual speaker questions through the Presiding Officer. 7. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the Town Attorney shall advise the Council in this regard. G. Council Discussion/Direction to REQUEST FOR INFORMATION FROM Town Manager. The Council may (1) give direction REQUEST to the Town Manager to follow- up on matters presented at that meeting; (2) direct the Town Manager to bring an item before the Council on a future agenda for discussion and possible action, AND/or (23) A CONSENSUS OF THE COUNCIL MAY direct REQUEST THE TOWN MANAGER staff to conduct further research A MATTER and report back to the Council. H. Adjournment. The open , public meeting of the Council may be adjourned by consensus of the Council. Rules of Procedure - March 5, 2019 Page 14 SEPTEMBER 3, 2019 5.3 SPECIAL MEETINGS A. As Substitute for Regular Meeting. If a special meeting is being held as an extension of or in place of a regular meeting, the agenda shall be as set forth for a regular meeting. B. Generally. For all ot her speci al meetings, the agenda shall be prepared in the following order: AGENDA Call to Order Roll Call Consent Agenda (if needed - explanatory paragraph same as regular meeting) Action Items (grouped by subject to the extent possible) Adjournment 5.4 WORK SESSION MEETINGS The primary purpose of work sessions is to provide the Council with the opportunity for in- depth discussion and study of specific subjects. Public comment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an agenda item if invited by the Mayor and Council to do so. The Presidin g Officer may limit or end the time for such presentations. The work session agenda shall be prepared in the following order: Call to Order Roll Call Work Session Statement (explanatory statement) All Items Listed Are for Discussion Onl y. No Action Can or Will Be Taken. The primary purpose of work sessions is to provide the Council with the opportunity for in-dept h discussion and study of specific subjects. Public co mment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. Agenda Items for Discussion (Items Numbered for Order) Adjournm ent Rules of Procedure - March 5, 2019 Page 15 SEPTEMBER 3, 2019 SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING 6.1 CALL TO ORDER A meeting of the Council shall be called to order by the Presi ding Officer, (the Mayor or in h is/her absence, by the Vice-Mayor). In the absence of both the Mayor and V i ce-Mayor, the meeting shall be called to order by the Town Clerk, who shall immediately call for the selection of a temporary Presiding Officer. 6.2 PARTI CIPATION OF PRESIDING OFFICER The Presiding Officer may debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers, and he/she shall not be deprived of an y of the rights and privileges of a Councilmember by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. 6.3 QUESTION TO BE STATED The Presiding Officer shall verbally restate, or shall ask the Town Clerk to verbally restate, each question immediately prior to calling for discussion and the vote. Following th e vote, the Presiding Officer shall ask the Town Clerk or authorized designee to verbally announce the results of voting, including the ayes, nays and abstentions. The Presiding Officer shall publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Formal votes shall not be taken at work sessions or executive sessions. 6.4 RULES/DECORUM/ORDER A. Points of Order. Th e Presiding Officer shal l determine all points of order after consultation with the Parliamentarian, subject to the right of any member to appeal such determination to the whole Council. If any appeal is taken, the question (motion) shall be substantially similar to the following: "Shall the decision of the Presiding Officer be sustained?" In which event, f ollowing a second, a majority vote shall govern, and conclusively determine such question of order. B. Order and Decorum 1. Councilmembers: Any Councilme mber desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Office r, may speak. 2. Employees: Members of the administrative staff and employees of the Town shall observe the same rules of procedure and decorum applied to Councilmembers. The Town Manager shall ensure that all Town employees observe such decorum and will direct the participation of any staff member in the discussion of the Council. The Town Manager shall first be recognized by the Presiding Officer prior to addressing the Council. Any staff member desiring to speak shall first be recognized by the Town Manager. Rules of Procedure - March 5, 2019 Page 16 SEPTEMBER 3, 2019 3. Public: Members of the public attending the meetings shall observe the same rules of order and decorum applicable to the Council. Unauthorized remarks or demonstrations from the audience, such as applause, stamping of feet, whistles, boos or yells sha ll not be permitted by the Presidin g Officer, who may direct a law enforcement officer to remove such offender/s from the room. C. Enforcement of Decorum. Proper decorum is to be maintained during all meetings by the Council, staff and guests. It is the responsibility of the Presiding Officer of the meeting to ensure compliance with this Policy. The Presiding Officer shall request that a speaker refrain from improper conduct; if the spea ker refuses, the Presiding Officer may e nd the speaker's tim e at the podium. If the speaker refuses to yield the podium after being asked to do so by the Presiding Officer, the Presiding Officer may (1) recess the meeting for a brief time (2) end the speaker's time at the podium or (3) direct a law enforcement officer present at the meeting to remove from th e meeting th e person whose conduct is disorderly or disruptive. 6.5 TELECONFERENCE PROCEDURE Meetings may be conducted by teleconference as follows: A. Prior Notice. When a Councilmember is unable to attend a meeting and desires to participate in the meeting by telephone, th e Councilmember shall be permitted to do so provided he/she gives the Town Clerk, or authorized designee, notice of his/her inability to be present at the meeting at least 48 hours prior to the meeting. B. Notation on Agenda. Th e notice of the meeting and the agenda shall include the following: "Councilmembers of the Town of Fountain Hills will attend either in person or by telephon e conference call." C. Public Access . Facilities will be used at the meeting to permit the public to observe and hear all telephone communications. D. Notation in Minutes. The minutes of the meeting shall clearly set forth which members are present in person and which are present by telephone. 6.6 ADDRESSING THE COUNCIL A. Manner of Addressing the Council. 1. Any member of the public desiring to address the Council shall proceed to the podium after having been recognized by the Presiding Officer. There s hall be no loud vocalization (shouting or calling out) from the seatin g area of the Council Chamber. At the podium, the speaker shall clearly state his/her name for the record and shall indicate if he/she is a Town resident. Rules of Procedure - March 5, 2019 Page 17 SEPTEMBER 3, 2019 2. Special assistance for sight and/or hearing-impaired persons can be provided. Anyone requiring such assistance should contact the Town Clerk 48 hours before a meeting to request an accommodation to participate in the meeting. B. Limitation Regarding Public Comment and Reports. The making of oral communications to the Council by any member of the public during the "Call to the Public: (Non- agenda Items)" or under an action item, shall be subject to the following limitations: 1. All citizens wishing to address the Council shall complete and submit a request form as set forth in Subsection 5.2(F) above. 2. The Presidin g Officer may limit the number of speakers h eard on non- agenda topics at any s ingle meeting to allow the meeting to proceed and end in a timely manner. 3. If it appears that several speakers desire to provide repetitive comments regarding a singl e top ic, the Presi ding Officer m ay limit the number of speakers. C. Motions. 1. Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. 2. Precedence of Motions: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: a. Fix the time to adjourn b. Adjourn c. Recess d. Raise a question of Privilege e. Table f. Limit or extend li mits of debate g. Postpone to a certain time and date h. Amend i. Postpone Indefinitely j. Main Motion 3. Mot ion to Postpone Indefinitely: A motion to postpone indefinitely is used to dismiss an item on t he agenda. This motion is debatable, and because it can be applied only to the main question, it can, therefore, only be made while the main questi on i s immediately pending (a m otio n and second is on the floor). This motion i s commonly used to postpone an item until a more appropriate time. Rules of Procedure - March 5, 2019 Page 18 SEPTEMBER 3, 2019 4. Motion to Table: A motion to table enabl es the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen, in such a way that there is no set time for taking the matter up again. A motion to table shall be used to temporarily by-pass the subject. A motion to table shall not be debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, th e matter may be "taken from the tabl e" at any tim e prior to the end of the next regular meeting. 5. Motion to Limit or Terminate Discussion: Such a motion sha ll be used to limit or close debate on, or further amendment to, the main motion. This is referred to as "Call for the Question" and is the motion used to cut off debate and to bring the group to an immediate vote on the pending motion; it requires a two- thirds vote. The vote shall be taken by voice. If the motion fail s, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6. Motion to Amend: a. A motion to amend shall be debatable only as to the amendment. A motion to am end an amendm ent on the floor shall not be in order. b. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. c. Amendments shall be voted on first, prior to consideration of subsequent amendments. After all amendments have been voted on, the Council shall vote on the main motion (as amended, if appli cable). 7. Motion to Continue: Motions to continue shall be debatable only as to the propri ety of postponement. Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set only. D. Addressing the Council after Motion is made. After the motion has been made, or after a publi c hearing has been closed, no member of the public shall address the Council without first securing permission from the Presiding Officer. E. Voting Procedure . After discussion has been concluded and the Mayor, the Councilmember who made the motion or the Town Clerk has restated the motion under consideration, the following procedure shall apply: 1 . Casting a Vote: a. In acting upon every motion, the vote shall be taken by casting a mechanical yes/no vote, voice, roll call or any other method as determined by the Presiding Officer, by which the vote of each member of the Public Body can be clearly ascertained and recorded in the Rules of Procedure - March 5, 2019 Page 19 SEPTEMBER 3, 2019 meeting minutes. Upon the request of the Mayor or a Councilm ember, th e vote shall be taken by roll call. b. The vote on each motion shall be entered into the record by names of the Councilmembers voting for or against. The Record also shall include the names of any member not casting a vote by reason of being absent from the room at the time of the vote. c. If a Councilmember has declared a Conflict of Interest, the Town Clerk shall include a statement such as "Abstain ed due to declared Conflict of Interest" in the officia l minutes as part of the results of the vote. d. If the roll call method of voting is used, the Town Clerk or designee shall call the names of all members in random order with each new vote. Members shall respond "Aye" or "Nay." 2. Failure to Vote: a. All Councilmembers in attendance at a duly called meeting that requires formal Council action are required to vote. A member may abstain from voting only if he/she has a conflict of interest under State law, in which case such member shall take no part in the deliberations on the matter in question. b. Should a Councilmember fail to vote or offer a voluntary abstention, his/h er vote shall be counted wit h the majority of votes cast, unless the Councilmember's vote is excused by the State law; however, in the event of a tie vote, his/her vote shall be counted as "Aye." 3. R econsideration: Any Councilmember who voted wit h the majority may move a reconsideration of any action at the same or next regu lar meeting. To ensure that the open meeting law requirements are met, a written request from s uch Councilmember must be submitted to the Town Clerk’s Office at least nine days prior to the next regular meeting. After a motion for reconsideration has o n ce been acted upon, no ot her motion for reconsideration thereof shall be made without the unanimous consent of the Council. 4. The affirmati ve vote of a majority of a quorum shall be required for passage of a n y matter before the Council. SECTION 7. CONFLICT OF INTEREST 7.1 INTRODUCTION Occasionally, a Councilmember may find himself/herself in a situation that requires a Councilmember remove himself/herself from participation in discussion and voting on a matter Rules of Procedure - March 5, 2019 Page 20 SEPTEMBER 3, 2019 before the Council. This situation exists when the Councilmember has a "conflict of interest" as defined by the Arizona Conflict of Interest Law. This law establishes minimum stan dards for th e con duct of public officers and employees who, in their official capacity, are, or may become in volved with, a decision, which might unduly affect their personal interests or t hose of their close relatives. 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS The purpose of Arizona's Conflict of Interest Law is to prevent self-dealing by public officials and to remove or limit any improper influence, direct or indirect, which might bear on an official's decision, as well as to discourage deliberate dishonesty. 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW The Arizona Conflict of Interest Law as now set forth or as amended in the future, applies to all actions taken by Councilmembers, Board members, Commissioners, and Committee members. 7.4 DISCLOSURE OF INTEREST Any Councilmember, Board member, Commissioner, or Committee member who may have a conflict of interest shou ld seek the opinion of the Town Attorney as to whether a conflict exists under the State law. Any member who has a conflict of interest in any decision must disclose that interest at the meeting and in writing on a form provided by the Town Clerk. The disclosure of t he conflict shall include a statement that the member withdraws from further participation regarding the matter. The Town Clerk or designee shall maintain for public inspection all docum ents necessary to memorialize all disclosures of a conflict of interest by a member. 7.5 WITHDRAWAL FROM PARTICIPATION Having disclosed the conflict of interest and withdrawn in the matter, the Councilmember, Board member, Commissioner, or Committee member must not communicate about the matter with anyone involved in the decision making process in any manner. Further, the member should not otherwise attempt to influence the decision and shou ld remove himself/herself from the Council Chamber, or other location where a meeting is being held, while the matter is considered. Failure to disclose any conflict of interest is addressed in Section 7.8 below. 7.6 RULE OF IMPOSSIBILITY In the unlikely situation that the majority of Councilmembers, Board members, Commissioners, or Committee members have a conflict of interest and the Council, Board, Commission or Committee is unable to act in its official capacity, members may participate in the discussion and decision after making known their conflicts of interest in the official records. Rules of Procedure - March 5, 2019 Page 21 SEPTEMBER 3, 2019 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN Public officers and employees are prohibited from using or attempting to use their official positions to secure valuable things or benefits for themselves, unless such benefits are (A) part of the compensation they would normally be ent itled to for performing their duties or (B) otherwise permitted according to State Law. 7.8 SANCTIONS FOR VIOLATIONS Violations of the conflict of interest provisions set forth herein shall be punished as provided for in State law. 7.9 NON-STATUTORY CONFLICTS OF INTEREST Occasionally, a Councilmember, Board member, Commissioner, or Committee member may feel that he/she should ethically refrain from participation in a decision even though the circumstances may not amount to a conflict of interest under the State law described above. It is the policy of the Council to encourage members to adhere to strong ly held ethical values, which are exercised in good faith. However, subsection 6.6(E) (2) above encourages participation in the decision making process unless the matter involves a statutory conflict of interest set forth by State law. SECTION 8. CODE OF ETHICS The purpose of this policy for the Town is to ensure the quality of the Town Government through ethical principles that shall govern the conduct of the Council and members of the Town's boards, commissions, and committees. In furtherance of t his purpose, we shall: 8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA AND THE LAWS OF THE TOWN OF FOUNTAIN HILLS. 8.2 BE DEDICATED TO THE CONCEPTS OF EFFECTIVE AND DEMOCRATIC LOCAL GOVERNMENT THROUGH DEMOCRATIC LEADERSHIP. We shall honor and respect the principles and spirit of representative democracy and shall set a positive example of good citizenship by scrupulously observing the letter and spirit of laws, rules, and regulations. 8.3 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT. Rules of Procedure - March 5, 2019 Page 22 SEPTEMBER 3, 2019 8.4 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND INTEGRITY IN ALL PUBLIC AND PERSONAL RELATIONSHIPS. A. Public Confidence. We shall conduct ourselves so as to maintain public confidence in Town government and in the performance of the public trust. B. Impression of Influence. We shall conduct our official and personal affairs in such a manner as to give a clear impression that we cannot be improperly influ enced in the performance of our official duties. 8.5 RECOGNIZE THAT THE CHIEF FUNCTION OF LOCAL GOVERNMENT IS AT ALL TIMES TO SERVE THE BEST INTERESTS OF ALL THE PEOPLE. We shall treat our office as a public trust, only using the power and resources of public office to advance public interests and not to attain personal benefit or pursue any other private interest incompatible with the public good. 8.6 KEEP THE COMMUNITY INFORMED ON MUNICIPAL AFFAIRS; ENCOURAGE COMMUNICATION BETWEEN THE CITIZENS AND ALL MUNICIPAL OFFICERS; EMPHASIZE FRIENDLY AND COURTEOUS SERVICE TO THE PUBLIC; AND SEEK TO IMPROVE THE QUALITY AND IMAGE OF PUBLIC SERVICE. A. Accountability. We shall ensure that government is conducted openly, efficiently, equitably, honorably, and in a manner that permits the citizens to become fully inform ed to allow them to hold Town officials accountable. B. Respectability. We shall safeguard public confidence in the integrity of Town government by being honest, fair, caring, and respectful, and by avoiding conduct creating the unexplainable appearance of impropriety, or impropriety of which is otherwise unbefitting a public official. 8.7 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY MISUSE OF PUBLIC TIME IS DISHONEST. A. Private Employm ent. We shall take any steps necessary to ensure that we comply with the State law regarding conflicts of interest when we engage in, solicit, negotiate for, or promise to accept private employment or render services for private interests or conduct a private business. B. Confidential Information. We shall not disclose to others, or use to further our personal interest, confidential information acquired in the course of our official duties. C. Gifts. We shall not directly or indirectly, in connection with service to the Town, solicit any gift or accept or receive any gift - of any value - whether it be money , services, loan, travel, entertainment, hospitality, promise, or any other form of gratuity. This policy Rules of Procedure - March 5, 2019 Page 23 SEPTEMBER 3, 2019 shall not apply to hospitality, transportation or other assistance provided to Town officials when such hospitality, transportation of other assistance is (i) directly related to their participation in community events as a representative of the Town or (ii) of inconsequential value and accepted as a courtesy. D. Investment in conflict with official duties . We shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with our official duties. E. Personal relationships. Personal relationships shall be disclosed in any instance where there could be t he appearance of conflict of interest or a conflict of interest 8.8 CONDUCT BUSINESS OF THE TOWN IN A MANNER, WHICH IS NOT ONLY FAIR IN FACT, BUT ALSO FAIR IN APPEARANCE. 8.9 PROMOTE UNDERSTANDING, MUTUAL RESPECT AND TRUST AMONG MEMBERS OF COUNCIL, BOARDS, COMMISSIONS AND COMMITTEES CONCERNING THEIR ROLES AND RESPONSIBILITIES WITH RESPECT TO TOWN STAFF'S RESPONSIBILITY FOR IMPLEMENTING THE COUNCIL'S POLICIES. All members of the Council, boards, commissions, or comm ittees shall acknowl edge in writing, on a form provided by the Town Clerk, receipt of these provisions relating to et hi cs. SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES The Fountain Hills ' Council may create such boards, commissions, and committees as deemed necessary to assist in the conduct of the operation of Town government. The Council may authori ze and direct the Town Manager to establish ad hoc committees as needed in order to provide additional flexibility with regard to conducting Town business. 9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND COMMITTEES A. Classification. All boards, commissions, and committees of the Town shall be classified as regularly schedul ed or unschedu l ed boards, commissions, and committees. Regularly scheduled boards, commissions, and committees are those that meet on a regularly-scheduled basis or may be quasi-judicial in nature. Unscheduled boards, commissions, and committees meet on an as-called basis. B. Regularly Scheduled. Regularly scheduled boards, commissions, and committees include: 1 . Planning and Zoning Commission Rules of Procedure - March 5, 2019 Page 24 SEPTEMBER 3, 2019 2. Community Services Advisory Commission 3. McDowell Mountain Preservation Commission 4. Strategic Planning Advisory Commission 5. Sister Cities Advisory Commission 6. Municipal Property Corporation C. Unscheduled. Unscheduled boards, commissions, and committees: 1. Ad Hoc Committees 2. Board of Adjustment 3. Building Safety Board of Appeals D. Sunset. Except for the Planning and Zoning Commission and Board of Adjustment, any board, commission, or committee created shall cease to exist (1) upon the accomplishment of the special purpose for which it was created or (2) when abolished by a majority vote of the Council. 9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS A. Call for Applications. The call for applications to fill vacant seats for boards, commissions and committees shall MAY include a request for: 1. A cover letter of interest. 2. A resume. 3. The application that describes the applicant’s skills, experience, and education background needed to ensure the successful filling of the vacancy. 4. Responses to the supplemental questionnaire specific to a board, commission, or committee application, if such questionnaire is included. 5. The consent to executive session form. 6. If a member whose term will be expiring wishes to reapply for an additiona l ter m on the same board, commission or committee, such member is exempt from fil ing those items listed in Subsections 9.2 (A)(1-4). However, such member shall submit in writing, on a form provided by the Town Clerk that includes a Rules of Procedure - March 5, 2019 Page 25 SEPTEMBER 3, 2019 request for the Council's consideration of reappointment in addition to the consent to executive session as listed in Subsection 9.2(A)(5). The member may include any new or additional information that is relevant to the original application already on file. B. Advertising/Timing and Location. The Town Clerk shall be responsible for advertising to fill vacant seats to boards, commissions, and committees for at least two weeks and no later than two months, prior to the expiration of the current board, commission, or committee member(s) term, via: 1. The Town's government access channel. 2. Newspaper advertising. 3. The Town website. 4. The Town's official posting sites as listed in Section 2-4-3 of the Fountain Hills Town Code. The downloadable a pplication packet will be placed on the Town's website for public access with hard copies made avai lable to the public through the Customer Service Representative. C. Adverti sement Conten ts. Adverti sement of vacancies shall include the following: 1. The name of the board, commission, or committee. 2. The number of vacancies to be filled. 3. A brief description of the board, commission , or committee. 4. A brief description of the qualifications, skills and experience back ground appli ca n ts should possess, if any. 5. An overview of when the board, commission, or committee meets. 6. The deadline for submitting applications. 7. Listing of applicant information required and location where application packets may be obtained. 8. Staff li aison contact information. 9. The dates of publ ication in the local paper. D. Staff Review. Individuals applying for boards, commissions, or committees must submit to the Town Clerk those items as listed in Subsection 9.2(A) above by the published dead l ine. The Town Clerk and Staff Liaison will review the application(s) to Rules of Procedure - March 5, 2019 Page 26 SEPTEMBER 3, 2019 ensure that the applicant(s) meet the qualifications as listed in Subsection 9.4(A) bel ow. E. Council Materials. The staff liaison to the board, commission, or committee will assemble and copy all application packets and provide all supporting materials to all Councilmembers. F. Subcommittee Review/Interview. The Council subcommittee shall interview all applicants, unless there are more than five applicants for each vacancy, in which case the subcommittee may choose, at its discretion, to limit the number of interviewed applicants to five per vacancy after meeting to review all of the applications. The staff liaison will schedule an appropriate time to interview qualified applicants in person or via telephone, and shall prepare and post the agenda for an executive session in accordance with the Arizona open meeting law for said interviews. Interviews shall be conducted in Executive Session unless the applicant requests the interview be held at a public meeting. G. Subcommittee Recommendation. After the interviews have concluded, the staff liaison, Town Clerk or the Council Subcommittee chair shall advise the Mayor of the subcommittee's discussion and appointment recommendation(s). H. Council Consideration. The Town Clerk shall prepare the agenda action form STAFF REPORT according to the submission deadline for the next appropriate Council meeting agenda, including the following information: (1) a review of the steps taken to recruit applicants, (2) the number of vacancies to be filled along with the names of those members whose terms expire, (3) the number of applications received and (4) the specific term to be filled. I. Notification of Council Meeting. The staff liaison shall notify the appointee(s) that he/she is a possible candidate for appointment to a board, commission, or committee and suggest that he/she may want to be present at the scheduled meeting when the recommendation is presented to the Council. J. Notification of Council Action. Following the Council's approval of the Mayor's appointment(s) to a board, commission, or committee, the Town Clerk shall notify appointees as to their appointment and provide them with an Oath of Office, Ethics Policy and Open Meeting Law Affirmation for their signature and return. Those applicants not chosen to fill a vacancy on a board, commission, or committee, will be provided written notification by the Town Clerk outlining the Council's appointments and they will be provided with an application of interest for consideration of applying for any other board, commission and committee vacancies. K. Appoin tee Orientation. Th e staff liaison will provide specific details to t he new appointees relative to: (1) their attendance at the "official" board , commission, or committee orientation, and (2) all official literature, agendas, minutes, or other materials specific to their appointment. Rules of Procedure - March 5, 2019 Page 27 SEPTEMBER 3, 2019 9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES A. Appointments Subcommittee. The Mayor may annually appoint Council Subcommittees for board, commission and committee appointments. Each subcommittee shall be made up of three Councilmembers. The Mayor may appoint himself/herself to this subcommittee. If no such subcommittee is appointed, at a minimum, a quorum of the Fountain Hills Council shall review applications and conduct interviews for the various boards, commissions, and committees to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4 below. B. Subcommittee Purpose. The purpose of this Council Subcommittee is to review applications, interview applicants (typically in Executive Session) and provide a recommendation to the Mayor for possible appointment to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4 below. C. Appointment Timing. The process of application review and interviews will be cond ucted in such a manner as to allow for the appointments to coincide with the term expiration of the current board, commission or committee member(s) term or as soon thereafter as reasonably possible. 9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS A. Minimum Qualifications. All members of boards, commissions, and committees shall meet the following minimum qualifications upon their appointment to any board, commission, or committee. Each member must be: 1. Eighteen yea rs of age or older, for any board, commission, or committee seats, designated by Council; except for members appointed to Youth Commissioner position for youth representation. 2. A Fountain Hills resident for at l east one year, unless the Council specifically waives this time or residency requirement for a specific board, commission or committee. 3. A qualified elector, except youth appointees. B. Prohibited Appointees. Town employees or appointed officers shall not be eligible for appointment to any board, commission, or committee but may be requested to provide staff support thereto. Councilmembers are prohibited from serving on regularly scheduled commissions as listed in Subsection 9.1(B) above and the Board of Adjustment. C. Ex-Officio Members. The Mayor, with the consent of the Council, may from time to time appoint ex-officio members to those boards, commissions or committees as set forth in the bylaws of such body. Such members shall serve at the pleasure of the Rules of Procedure - March 5, 2019 Page 28 SEPTEMBER 3, 2019 Mayor and Council. Ex-officio members shall not be entitled to vote on any matter brought before the commission. 9.5 TERMS, VACANCIES, REMOVAL A. Terms. All members of unscheduled boards, commissions, and committees shall serve a term of up to three years, or until the board , commission, or committee is dissolved, un less Counci l action, Town Code, or Arizona Revised Statutes specifically designates terms. B. Staggered Terms for Smaller Boards. For those regularly scheduled boards, commissions, and committees having five members or fewer, the terms of office shall be staggered so that no more than three TWO terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any boards, commission, or committee that will be in existence for a single term. C... Staggered Terms for Larger Boards. For those boards, commissions, and committees having more than five members but less than eight members, the terms of office shall be staggered so that no more than four THREE terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any board, commission, or committee that will be in existence for a single term. D. Simultaneous Service Limitation. No individual may serve as a voting member on more than one regularly scheduled or unscheduled board, commission, and committee at one time. E. Vacancies. A vacancy on a board, commission, or committee shall be deemed to have occurred upon the following: 1. Death or resignation of a member of a board, commission, or committee. 2. A member ceasing to be a resident of the Town of Fountain Hills, unless the Council has provided that such member may be a non -resid ent. 3. Three successive unexcused or unexplained absences by a member from any regular or special board, commission , or committee meetings. However, the term of all members shall ex tend until their successors are appointed and qualified. F. Removal. Any board, commission, or committee member may be removed as a member to that board, commission, or committee upon a vote of not less than four Councilmembers for any cause as determined by the Council IN ACCORDANCE WITH ARTICLE 2A-1 OF THE FOUNTAIN HILLS TOWN CODE. G. Filling Vacancy. Whenever a vacancy has occurred on one board, commission, or committee procedures described in Sections 9.2, 9.3, and 9.4 above will be used to Rules of Procedure - March 5, 2019 Page 29 SEPTEMBER 3, 2019 generate applicants, interview applicants, and make a recommendation for a potential appointee. H. Re-appointment. An incumbent member of a board, commission, or committee seeking reappointment shall submit, in writing on a form provided by the Town Clerk that includes a request for the Coun cil's consideration of reappointm ent in addition to the consent to executive session form by the published deadline in order to be considered for appointment by the Council. The member may include anyone or additional information that is relevant to the original application al ready on fil 9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW All boards, commissions, and comm ittees are subject to the Ari zona Open Meeting Law and therefore shall attend the Town's Annual Open Meeting Law training. 9.7 RESIDENCY REQUIREMENT Members of all boards, commissions or committees shall be residents of the Town. ITEM 7.E. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 09/03/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Public Works Prepared by: Raymond Rees, Facillities/Environmental Supervisor Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving a lease agreement with the Sunset Kiwanis for the building located at 16957 Kiwanis Drive for a period of 10 years. Staff Summary (Background) The initial Kiwanis building lease agreement was approved on April 7, 1994. The agreement was signed by the Sunset Kiwanis and was for a period of 25 years. The rent on the lease was twenty-five dollars ($25) and was to be paid in annual installments of one dollar ($1). The Town assumed maintenance responsibilities of the building, parking lot, landscape maintenance, as well as all utility costs that service the building and irrigation. The average annual maintenance and utility cost for the past 5 years, excluding major repair items, is approximately $7,000. With this lease, we are proposing a new ten-year lease with rent on the lease of ten dollars ($10) but with modified conditions for maintenance and utilities. The Sunset Kiwanis shall be responsible for all maintenance related to the interior of all buildings on the premises. This includes, but is not limited to, electrical, lighting, plumbing, walls, ceilings, and window maintenance. The Town shall be responsible for the structural maintenance and repairs to the exterior of the main building, the roof, the parking lot, and the HVAC system. The Sunset Kiwanis shall be responsible for all other maintenance related to the exterior of the buildings, including, but not limited to, landscape maintenance, maintenance of the Park (including all structures and equipment located therein), and maintenance of all exterior lighting. All utilities will be required to be paid by the lessee, except for the sanitary sewer. Over the past two years the average annual cost for water has been $320 and the average annual cost for electricity has been $2,153. The town's facilities maintenance technician has recently been to the Kiwanis building and performed maintenance on all exterior lighting and has found everything is in good working order. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the lease agreement with the Sunset Kiwanis Club. SUGGESTED MOTION MOVE to approve the lease agreement with the Sunset Kiwanis for the building located at 16957 Kiwanis Drive for a period of 10 years. Attachments Kiwanis Lease Form Review Inbox Reviewed By Date Public Works Director Elizabeth A. Burke 08/27/2019 11:16 AM Town Attorney Aaron D. Arnson 08/27/2019 03:19 PM Town Manager Grady E. Miller 08/27/2019 04:18 PM Form Started By: Raymond Rees Started On: 08/22/2019 01:50 PM Final Approval Date: 08/27/2019 EXHIBIT A Sunset Kiwanis Park Legal Description That part of Section 14, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing at the southwest corner of said Section 14; Thence north 69 degrees 07 minutes 17 seconds east, a distance of 1,391.16 feet to the southwest corner of that certain excepted Parcel "B" (Sub-Station Site) as described in instrument recorded in Instrument No. 85-376470, records of Maricopa County, Arizona, said point being the TRUE POINT OF BEGINNING of the herein described parcel; Thence south 60 degrees 30 minutes 00 seconds west, a distance of 232.85 feet; Thence south 89 degrees 34 minutes 46 seconds west, a distance of 260.76 feet to a point on the southeasterly right-of-way of Kiwanis Drive, originally recorded street name known as Coyote Drive, as set forth in instrument recorded in Instrument No. 86-574431, records of Maricopa County, Arizona, said point being on a non-tangent curve being concave to the Northwest and having a radius of 330.00 feet, a radial line of said non-tangent curve at said point bears south 12 degrees 48 minutes 10 seconds east; Thence northeasterly along said non-tangent curve and along said right-of-way through a central angle of 38 degrees 11 minutes 50 seconds and an arc distance of 220.00 feet; Thence tangent from said curve and along said right-of-way, north 39 degrees 00 minutes 00 seconds east, a distance of 178.17 feet to the northwest corner of said Parcel "B"; Thence south 51 degrees 00 minutes 00 seconds east, a distance of 216.12 feet to the TRUE POINT OF BEGINNING; Said parcel contains 47,134.67 square feet or 1.08 acres, more or less. SUNSET KIWANIS PARK KIWANIS DRAll that i s A r iz o n aFOU N T A IN HI L LSTOWN OFINC. 1989ALL RAMADAS HAVE: ·LIGHTS ·ELECTRICAL OUTLETS ·HANDICAP TABLES COLONY WASH EXHIBIT B ITEM 8.A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 09/03/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF appointments to the Strategic Planning Advisory Commission. Staff Summary (Background) The terms of three members (Friedel, McHugh, and Saar) of the Strategic Planning Advisory Commission expired in June 2019. Notice of these terms, as well as others, was advertised in the Fountain Hills Times during the month of June, and also on the Town's website. One incumbent did not wish to be considered for reappointment. Two of the three incumbents were interviewed along with three other applicants on August 6, 2019, by the Council Subcommittee. Since the proposed changes to most of the boards/commissions have three year, staggered terms, ending in either April or October, staff is recommending that the terms for the appointments made to this Commission end in April of 2022. Related Ordinance, Policy or Guiding Principle Chapter 2A of the Town Code (if adopted at the September 3, 2019, Council Meeting) Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Make three appointments for three-year terms ending April 2022. SUGGESTED MOTION MOVE to appoint _________, _________, and _________ to the Strategic Planning Advisory Commission, with terms ending April 2022. Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 08/27/2019 09:49 AM Town Attorney Aaron D. Arnson 08/27/2019 10:49 AM Form Started By: Elizabeth A. Burke Started On: 08/20/2019 09:13 AM Final Approval Date: 08/27/2019 ITEM 8.B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 09/03/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF appointments to the Planning and Zoning Commission. Staff Summary (Background) The terms of two Planning and Zoning Commissioners (Dempster and Jones) are expiring in September 2019, and a vacancy currently exists from another member's resignation. Notice of these vacancies was published in the Fountain Hills Times newspaper during the months of June and July, as well as on the Town's website. Both incumbents were interviewed, along with four other applicants, by the Council Subcommittee on August 21, 2019. Related Ordinance, Policy or Guiding Principle Chapter 2A of the Town Code (if adopted at the September 3, 2019, Council Meeting) Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends that the Council appoint three members to the Planning and Zoning Commission, with terms expiring April 2022. SUGGESTED MOTION MOVE to appoint __________, __________ and __________ to the Planning and Zoning Commission, with terms expiring April 2022. Form Review Inbox Reviewed By Date Town Manager Elizabeth A. Burke 08/26/2019 09:07 AM Town Clerk (Originator)Elizabeth A. Burke 08/26/2019 09:08 AM Town Attorney Elizabeth A. Burke 08/26/2019 09:08 AM Town Manager Grady E. Miller 08/27/2019 09:47 AM Form Started By: Elizabeth A. Burke Started On: 08/20/2019 09:39 AM Final Approval Date: 08/27/2019 ITEM 8.C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 09/03/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF appointments to the Sister Cities Advisory Commission. Staff Summary (Background) The terms of three Sister Cities Advisory Commissioners (Miles, Melendez and Dr. Sweeney) expired in June 2019. Notice of these vacancies was published in the Fountain Hills Times newspaper during the months of June and July, as well as on the Town's website. One incumbent (Miles) did not wish to be reconsidered. Interviews were held on August 27, 2019. Related Ordinance, Policy or Guiding Principle Chapter 2A of the Town Code (if adopted at the September 3, 2019, Council Meeting) Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends that the Council appoint three commissioners to the Sister Cities Advisory Commission, with terms expiring October 2022. SUGGESTED MOTION MOVE to appoint __________, __________ and __________ to the Sister Cities Advisory Commission, with terms expiring October 2022. Form Review Inbox Reviewed By Date Town Clerk (Originator)Elizabeth A. Burke 08/27/2019 11:02 AM Town Attorney Aaron D. Arnson 08/27/2019 11:06 AM Town Manager Grady E. Miller 08/27/2019 11:33 AM Form Started By: Elizabeth A. Burke Started On: 08/26/2019 11:18 AM Final Approval Date: 08/27/2019 ITEM 8.D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 09/03/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Jeff Pierce, Streets Superintendent Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving the purchase of one (1) Toro Workman HDX Utility Cart; one (1) Toro Sand Pro 3040; and three (3) Toro Workman GTX Utility Carts. Staff Summary (Background) The Town (Community Services) currently has five (5) utility vehicles that range from 7-8 years old. The equipment is currently used for a variety of important day-to-day maintenance activities for the Town. These activities include ball diamond preparation; irrigation repair; trash removal; and landscape upkeep. The purchase of this equipment follows the guidelines of the Vehicle Replacement Policy. The Vehicle Replacement Program Policy adopted by Town Council provides direction and guidance on the evaluation, selection and multi-year scheduling of vehicle replacements based on a projection of available budgetary resources and the vehicle's age, mileage, engine hours and repair costs. The objectives of the program are to: Ensure the timely purchase, repair and replacement of the Town's vehicles Serve as a link in the Town's planning between the Town's operating and capital budgets Maintain control over the Town's long-term cash flow in relation to the Town's financial capacity Ensure efficient, effective and coordinated vehicle acquisition and replacement Per the Vehicle Replacement Program Policy, the guidelines below shall be utilized. Vehicles may also be replaced du to excessive maintenance and repair costs. Small Utility Equipment- 7 years / 15,000 engine hours Equipment selected for replacement will be sent to auction with the proceeds deposited into the Vehicle Replacement Fund. Related Ordinance, Policy or Guiding Principle Vehicle Replacement Policy Risk Analysis Without this utility equipment, there could be timely delays for day-to-day park maintenance that includes ball diamond preparation, irrigation repair, trash removal; and landscape upkeep. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval to purchase one (1) Toro Workman HDX Cart; one (1) Toro Sand Pro 3040; and three (3) Toro Workman GTX Utility Carts utilizing the Vehicle Replacement Fund. SUGGESTED MOTION MOVE to approve the purchase of one (1) Toro Workman HDX Utility Cart, one (1) Toro Sand Pro 3040; and three (3) Toro Workman GTX Utility Carts in the amount of $76,073.78. Fiscal Impact Fiscal Impact:$76,073.78 Budget Reference:Page 408 Funding Source:VRAD-8010 If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form:Yes Attachments CPA Simpson Norton Contract Cover Sheet Simpson Norton RFLS Simpson Norton Form Review Inbox Reviewed By Date Public Works Director Justin Weldy 08/19/2019 10:19 AM Town Attorney Aaron D. Arnson 08/27/2019 09:21 AM Town Manager Grady E. Miller 08/27/2019 09:58 AM Form Started By: Jeff Pierce Started On: 08/12/2019 07:01 AM Final Approval Date: 08/27/2019 1 Contract No. C2020-017 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SIMPSON NORTON CORPORATION THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of September 3, 2019, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and Simpson Norton Corporation, a(n) Minnesota corporation (the “Contractor”). RECITALS A. After a competitive procurement process, Sourcewell (formerly the National Joint Powers Alliance) entered into Contract No. 062117-TTC, dated August 18, 2017, with The Toro Company, a Delaware corporation, for the procurement of landscaping and grounds maintenance equipment (the “Sourcewell Contract”). A copy of the Sourcewell Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. Contractor is an authorized distributor for The Toro Company. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the Sourcewell Contract, at its discretion and with the agreement of the awarded Contractor, and the Sourcewell Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging the cooperative contractual relationship under the Sourcewell Contract and this Agreement, (ii) establishing the terms and conditions by which the Town will purchase one (1) Toro Workman HDX Utility Cart; one (1) Toro Sand Pro 3040; and three (3) Toro Workman GTX Utility Carts, and related equipment (the “Materials”), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until September 2, 2020 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the Sourcewell Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (each, a “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the Sourcewell Contract has not expired or has been extended, (iii) at least 30 days prior to the end of 2 the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the Sourcewell Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. Contractor shall provide the Town with the Materials under the terms and conditions of the Sourcewell Contract and as more particularly set forth in the Contractor Quotation attached hereto as Exhibit B and incorporated herein by reference. 2.1 Inspection; Acceptance. The Materials are subject to final inspection and acceptance by the Town. If the Materials fail to conform to the requirements of this Agreement and/or the Sourcewell Contract, they will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a non-conforming product, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring the Materials into compliance and withhold the cost of same from any payments due to the Contractor. 3. Compensation. The Town shall pay Contractor an aggregate amount not to exceed $76,073.78 for the Materials at the rates set forth in the Sourcewell Contract and as more particularly set forth in the Contractor Quotation. 4. Payments. The Town shall pay the Contractor upon delivery and acceptance of the Materials, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Sourcewell Contract and (ii) document and itemize all products delivered to date. The invoice statement shall include sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Sourcewell Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work 3 and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Israel. Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona, and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 11. Conflicting Terms. In the event of any inconsistency, conflict, or ambiguity among the terms of this Agreement, the Contractor Quotation, the Sourcewell Contract, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement or the Sourcewell Contract (collectively, the 4 “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Sourcewell Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed as or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the Sourcewell Contract, the Town shall be afforded all of the rights and privileges afforded to Sourcewell and/or NJPA and shall be “Sourcewell” or “NJPA” (as defined in the Sourcewell Contract) for the purposes of the portions of the Sourcewell Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to Sourcewell and/or NJPA to the extent provided under the Sourcewell Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend, and hold harmless the Town and each council member, officer, employee, and agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from, and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees, court costs, and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes, or omissions, in connection with the products or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 14. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman PLLC 4711 E. Falcon Drive, Suite 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Simpson Norton Corporation 4144 South Bullard Avenue Goodyear, Arizona 85338 Attn: Manny Castro, SCPS 5 or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES APPEAR ON FOLLOWING PAGES] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona Municipal Corporation ________________________________ Grady E. Miller, Town Manager ATTEST: ________________________________ Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ________________, 2019, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. ____________________________ Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SIMPSON NORTON CORPORATION [Sourcewell Contract] See following pages. EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SIMPSON NORTON CORPORATION [Contractor Quotation] See following pages. Simpson Norton Corporation Prepared For: 4144 S Bullard Ave Town of Fountain Hills Goodyear, AZ 85338 Kevin Snipes (623) 932-5116 16705 E. Avenue of the Fountains Fountain Hills, AZ (602) 721-3908 Prepared By:ksnipes@fh.az.gov Quote ID Q07060 Manny Castro, SCPS Quote Date 7/2/2019 Sports Fields & Grounds Acct Mgr Quote Expire Date 8/31/2019 (602) 803-9266 Contract Sourcewell manny.castro@simpsonnorton,com #062117-TTC Quantity Model #Product Name Unit MSRP Discount %Unit Award Price Extended Award Price 1 07386 Workman HDX - 4WD (Kubota Gas)$35,177.00 $27,508.41 $27,508.41 1 07372 Canopy $660.00 $516.12 $516.12 1 08703 Sand Pro 3040 $19,277.00 $15,074.61 $15,074.61 1 08754 QAS Finish Grader (Box Blade)$2,962.00 $2,316.28 $2,316.28 3 07042 Workman GTX Gas $10,299.00 $8,053.82 $24,161.45 3 07921 2-Person Canopy $507.00 $396.47 $1,189.42 $70,766.31 $0.00 Subtotal $70,766.31 $5,307.47 $0.00 $76,073.78 Sourcewell Contract #062117-TTC Pricing, 4-6 Weeks for Delivery Quotation Equipment Total Toro Protection Plus Totals Totals Tax Estimate PM Servce Contract I am pleased to submit a quotation on the following equipment for your consideration. Simpson Norton Corporation 4144 S Bullard Ave Goodyear AZ, 85338 Manny Castro, SCPS Sports Fields Grounds Acct Mgr (602) 803-9266 Manny.Castro@SimpsonNorton.com www.SimpsonNorton.com Simpson Norton Corporation Prepared For: 4144 S Bullard Ave Town of Fountain Hills Goodyear, AZ 85338 Kevin Snipes (623) 932-5116 16705 E. Avenue of the Fountains Fountain Hills, AZ (602) 721-3908 Prepared By:ksnipes@fh.az.gov Quote ID Q07060-A Manny Castro, SCPS Quote Date 7/2/2019 Sports Fields & Grounds Acct Mgr Quote Expire Date 8/31/2019 (602) 803-9266 Contract Sourcewell manny.castro@simpsonnorton,com #062117-TTC Quantity Model #Product Name Unit MSRP Discount %Unit Award Price Extended Award Price 1 08703 Sand Pro 3040 $19,277.00 21.80%$15,074.61 $15,074.61 1 08754 QAS Finish Grader (Box Blade)$2,962.00 21.80%$2,316.28 $2,316.28 Toro | Sand Pro® 3040 $17,390.90 $0.00 Subtotal $17,390.90 $1,304.32 $0.00 $18,695.22 Tax Estimate Quotation I am pleased to submit a quotation on the following equipment for your consideration. Totals Equipment Total Toro Protection Plus PM Servce Contract Totals Sourcewell Contract #062117-TTC Pricing, 4-6 Weeks for Delivery Simpson Norton Corporation 4144 S Bullard Ave Goodyear AZ, 85338 Manny Castro, SCPS Sports Fields Grounds Acct Mgr (602) 803-9266 Manny.Castro@SimpsonNorton.com www.SimpsonNorton.com Simpson Norton Corporation Prepared For: 4144 S Bullard Ave Town of Fountain Hills Goodyear, AZ 85338 Kevin Snipes (623) 932-5116 16705 E. Avenue of the Fountains Fountain Hills, AZ (602) 721-3908 Prepared By:ksnipes@fh.az.gov Quote ID Q07060-B Manny Castro, SCPS Quote Date 7/2/2019 Sports Fields & Grounds Acct Mgr Quote Expire Date 8/31/2019 (602) 803-9266 Contract Sourcewell manny.castro@simpsonnorton,com #062117-TTC Quantity Model #Product Name Unit MSRP Discount %Unit Award Price Extended Award Price 3 07042 Workman GTX Gas $10,299.00 21.80%$8,053.82 $24,161.45 3 07921 2-Person Canopy $507.00 21.80%$396.47 $1,189.42 Toro | Workman® GTX Series $25,350.88 $0.00 Subtotal $25,350.88 $1,901.32 $0.00 $27,252.19 Tax Estimate Quotation I am pleased to submit a quotation on the following equipment for your consideration. Totals Equipment Total Toro Protection Plus PM Servce Contract Totals Sourcewell Contract #062117-TTC Pricing, 4-6 Weeks for Delivery Simpson Norton Corporation 4144 S Bullard Ave Goodyear AZ, 85338 Manny Castro, SCPS Sports Fields Grounds Acct Mgr (602) 803-9266 Manny.Castro@SimpsonNorton.com www.SimpsonNorton.com Simpson Norton Corporation Prepared For: 4144 S Bullard Ave Town of Fountain Hills Goodyear, AZ 85338 Kevin Snipes (623) 932-5116 16705 E. Avenue of the Fountains Fountain Hills, AZ (602) 721-3908 Prepared By:ksnipes@fh.az.gov Quote ID Q07060-C Manny Castro, SCPS Quote Date 7/2/2019 Sports Fields & Grounds Acct Mgr Quote Expire Date 8/31/2019 (602) 803-9266 Contract Sourcewell manny.castro@simpsonnorton,com #062117-TTC Quantity Model #Product Name Unit MSRP Discount %Unit Award Price Extended Award Price 1 07386 Workman HDX - 4WD (Kubota Gas)$35,177.00 21.80%$27,508.41 $27,508.41 1 07372 Canopy $660.00 21.80%$516.12 $516.12 Toro | Workman® HDX Series (07386) $28,024.53 $0.00 Subtotal $28,024.53 $2,101.84 $0.00 $30,126.37 Tax Estimate Quotation I am pleased to submit a quotation on the following equipment for your consideration. Totals Equipment Total Toro Protection Plus PM Servce Contract Totals Sourcewell Contract #062117-TTC Pricing, 4-6 Weeks for Delivery Simpson Norton Corporation 4144 S Bullard Ave Goodyear AZ, 85338 Manny Castro, SCPS Sports Fields Grounds Acct Mgr (602) 803-9266 Manny.Castro@SimpsonNorton.com www.SimpsonNorton.com Revised 12/21/16 CONTRACT/GRANT INFORMATION SHEET - NEW CONTRACT Date: 8/6/2019 Staff’s Name: Justin T. Weldy Department: Public Works Vendor’s Name: Simpson Norton Corporation Vendor Number: 1278 Address: 4144 S. Bullard Avenue Goodyear, AZ 85338 Phone: 623-932-5116 Received W9: Y N ALREADY IN SYSTEM Business License #: Pending Exp. Date: ACCOUNTING SUMMARY Org Object Project/# $ Accounting Code: VRAD 8010 Accounting Code: Accounting Code: TBD(used for variety of different things/departments /funds): Choose an item. CONTRACT SUMMARY Contract Number Assigned: C2020-017 Current Contract Total: $76,073.78 Total Contract Amount with Renewals: Brief Description of Service: Equipment Purchase If Renewable: Total # of Renewals Max: 0 FY Cumulative Vendor Totals: Does this Contract put it over $50,000 Yes No Contract Beginning Date: 9/3/2019 Contract Expiration Date: 9/2/2020 Budgeted Expenditure: Yes No Budget Page #: 414 Approved by Council: Yes; Date: September 3, 2019 No N/A Insurance Certificate provided: Yes No N/A Warranty Period: Yes No If Yes, expires 48 months Estimate d Start Date: 9/4/2019 Estimate d Completion Date: 9/2/2020 GRANT SUMMARY Paid for by Grant: Yes No Name of Grantee: Grant Number Assigned: Resolution Number: Date Council Approved: c:\windows\temp\bcl technologies\easypdf 7\@bcl@a4299e63\@bcl@a4299e63.docx Rev. 12/2016 REQUEST FOR LEGAL SERVICES Name/Phone Number/E-mail of Requestor: Justin T. Weldy 480-816-5133 jweldy@fh.az.gov Date of Request:7/8/2019 Date Director Approved Request: 7/8/2019 Procurement Approval by: Craig Rudolphy 7/8/2019 Yes No: - Contact Finance Director Due Date (From Town Attorney’s office): 7/22/2019 • Deadline for return of request from Legal is 10 business days after Procurement Approval. Council Meeting Date : 9/3/2019 Item does not require Council approval • Deadline for completed packet item s submitted to the Town Clerk - 12 PM the Wednesday 2 weeks prior to the date of the Council meeting. Request for Legal staff: Prepare cooperative purchasing agreement in the amount of $76,073.78 using the attached cooperative purchasing documents. This agreement is for the vehicle replacement purchase of (x1) Toro Workman HDX Utility Cart; (x1) Toro Sand Pro 3040 and (x3) Toro Workman GTX Utility Carts. Proposed Agenda Language (if applicable): Consent Agenda Item Regular Agenda Item CONSIDERATION of approving the purchase of (x1) Toro Workman HDX Utility Cart; (x1) Toro Sand Pro 3040 and (x3) Toro Workman GTX Utility Carts approved in the fiscal year 2019/20 budget utilizing the vehicle replacement fund. Vendor/Consultant/Agreement/Agency Informat ion: Contact Name: Manny Castro, SCPS Entity Name: Simpson Norton Corporation Entity Address: 4144 S. Bullard Avenue Goodyear, AZ 85338 Entity Phone , Fax and E-mail address: 623-932-5116 (office): manny.castro@simpsonnorton.com Town of Fountain Hills Business License Number : N/A Arizona Corporation Commission File Number: F10002352 Documents Requested: Ordinance # (Draft attached Y/ / N) Publication Dates for Zoning Actions: Resolution # (Draft attached Y/ / N) Easement (Specify Type) Deed (Specify Type) IGA / Amendment (Corresponding Resolution Required) PSA / Amendment PA (Purchase) / Amendment IFB (Invitation for Bid) RFQ (Request for Qualifications) RFP (Request for Proposals) CSA (Construction) / Amendment QSP Cooperative Purchasing Agreement Approval 2020-017 Other Required Contract/Agreement Information: Method of Vendor Selection:National Joint Powers Alliance (Sourcewell) Co -op Term of Contract/Agreement:August 18, 2021 Contract Amount (this contract):$76,073.78 Cumulative Contract Amount:$76,073.78 Brief description of services/goods being sought: Vehicle Replacment Purchase of (x1) Toro Workman HDX Utility Cart; (x1) Toro Sand Pro 3040 and (x3) Toro Workman GTX Utility Carts. Contract # assigned: C2020-017 Funding Source: VRAD Project No. Budget Transfer Required: ; if yes, attach appropriate documentation ------------------------------------------------------------------------------------------------------------------------------------ -- Staff Check List: A “request for legal services form” will be returned if submitted without the necessary information and attachments. *Scope of Work or Specifications Attached *QSP Document Attached *Fee Proposal or Price Sheet Attached *Underlying Cooperative Purchasing Agreement Attached *Proposal or Statement of Qualifications from Vendor Attached c:\windows\temp\bcl technologies\easypdf 7\@bcl@a4299e63\@bcl@a4299e63.docx Rev. 12/2016 *Bid/RFQ/RFP Schedule Attached Finance requires a “contract cover sheet” prior to processing th e approved/signed contract/agreement for payment(s). ITEM 8.E. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 09/03/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Jeff Pierce, Streets Superintendent Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving the purchase of a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom for the Streets Division of the Public Works Department. Staff Summary (Background) Currently, for the Fiscal Year 2019/20, the Street Department has requested two new pieces of equipment to help with the preparation and clean-up during monsoon season events. A 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom will allow staff to respond to any potential hazard (dirt, mud & debris) in a timely manner during monsoon season. This equipment will also be utilized year round for other Town-wide maintenance projects (drainage, wash and road maintenance) as part of the day-to-day operations. Related Ordinance, Policy or Guiding Principle New Vehicle Request Risk Analysis Without this heavy equipment, significant delays for storm debris can occur due to time restrictions and availability of rental equipment. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Approval to purchase a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom in the amount of $169,676.97 SUGGESTED MOTION MOVE to approve the purchase of a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom in the amount of $169,676.97. Fiscal Impact Fiscal Impact:$169,676.97 Budget Reference:Page 408 Funding Source:VRHURF-8010 If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form:Yes Attachments CPA Empire Southwest Contract Cover Sheet Empire Southwest RFLS Empire Southwest Form Review Inbox Reviewed By Date Public Works Director Justin Weldy 08/19/2019 10:19 AM Town Attorney Aaron D. Arnson 08/27/2019 09:23 AM Town Manager Grady E. Miller 08/27/2019 10:01 AM Form Started By: Jeff Pierce Started On: 08/12/2019 08:28 AM Final Approval Date: 08/27/2019 1 Contract No. C2020-013 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND EMPIRE SOUTHWEST, LLC D/B/A EMPIRE POWER SYSTEMS THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of September 3, 2019, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and Empire Southwest, LLC, a Delaware limited liability company d/b/a Empire Power Systems (the “Contractor”). RECITALS A. After a competitive procurement process, Sourcewell entered into Contract No. 032119-CAT, dated May 13, 2019, with Caterpillar Inc., a Delaware corporation (“Caterpillar”), for the procurement of heavy construction equipment with related accessories, attachments, and supplies (the “Sourcewell Contract”). A copy of the Sourcewell Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. Contractor is an authorized dealer for Caterpillar. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the Sourcewell Contract, at its discretion and with the agreement of the awarded Contractor, and the Sourcewell Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging the cooperative contractual relationship under the Sourcewell Contract and this Agreement, (ii) establishing the terms and conditions by which the Town will purchase a CAT 415F2 Industrial Loader and a Broce CRT350 Power Broom and related equipment (the “Materials”), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until September 2, 2020 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the Sourcewell Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (each, a “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to 2 availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the Sourcewell Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the Sourcewell Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. Contractor shall provide the Town with the Materials under the terms and conditions of the Sourcewell Contract and as more particularly set forth in the Contractor Proposals attached hereto as Exhibit B and incorporated herein by reference. 2.1 Inspection; Acceptance. The Materials are subject to final inspection and acceptance by the Town. If the Materials fail to conform to the requirements of this Agreement and/or the Sourcewell Contract, they will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a non-conforming product, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring the Materials into compliance and withhold the cost of same from any payments due to the Contractor. 3. Compensation. The Town shall pay Contractor an aggregate amount not to exceed $169,676.97 for the Materials at the rates set forth in the Sourcewell Contract and as more particularly set forth in the Contractor Proposals. 4. Payments. The Town shall pay the Contractor upon delivery and acceptance of the Materials, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Sourcewell Contract and (ii) document and itemize all products delivered to date. The invoice statement shall include sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Sourcewell Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or 3 claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Israel. Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona, and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 11. Conflicting Terms. In the event of any inconsistency, conflict, or ambiguity among the terms of this Agreement, the Contractor Proposals, the Sourcewell Contract, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in 4 conformity with Section 2 above, unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement or the Sourcewell Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Sourcewell Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed as or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the Sourcewell Contract, the Town shall be afforded all of the rights and privileges afforded to Sourcewell and shall be “Sourcewell” (as defined in the Sourcewell Contract) for the purposes of the portions of the Sourcewell Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to Sourcewell to the extent provided under the Sourcewell Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend, and hold harmless the Town and each council member, officer, employee, and agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from, and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees, court costs, and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes, or omissions, in connection with the products or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 14. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman PLLC 4711 E. Falcon Drive, Suite 111 Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Empire Southwest, LLC d/b/a Empire Power Systems 5 1725 S. Country Club Drive Mesa, AZ 85210 Attn: Doug Calvet or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES APPEAR ON FOLLOWING PAGES] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona Municipal Corporation ________________________________ Grady E. Miller, Town Manager ATTEST: ________________________________ Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ________________, 2019, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. ____________________________ Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND EMPIRE SOUTHWEST, LLC D/B/A EMPIRE POWER SYSTEMS [Sourcewell Contract] See following pages. EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND EMPIRE SOUTHWEST, LLC D/B/A EMPIRE POWER SYSTEMS [Contractor Proposals] See following pages. 01/30/19 Town of Fountain Hills Attention: Jeff Pierce Office: 480-816-5129 Jpierce@fh.az.gov Re: NIPA Quotation Contract #161534 2019 Broce CRT350 Broom BROCE RCT 4 CYL 3.3L Cummins Turbo Diesel Tier 4 Final WITH Blade 4 CYL 3.3L Cummins T4 Final 51,965.00$ Tilt steering 675.00$ Turbo II precleaner 275.00$ 150 gal. water system 1,250.00$ Cab with wiper 5,095.00$ heater/defroster system 665.00$ Pressurized air conditioner 3,400.00$ Light group 670.00$ Amber beacon 400.00$ West Coast mirrors 135.00$ Rear wiper 365.00$ Windshield washers - F/R 380.00$ 7 1/2 ft Front Scraper Blade Attachment 3,965.00$ Safety engine shutdown -$ Audible engine alarm 305.00$ Air stack extension -$ Suspension seat 355.00$ Heavy duty rear axle 1,375.00$ Hydraulic temp gauge 210.00$ Work light - side 195.00$ Work light - rear 195.00$ Block heater 190.00$ AM/FM/CD radio 565.00$ Broce List Price:72,630.00$ NIPA Contract #161534 Discount 9%6,536.70$ Broce Quoted Freight 1,800.00$ Net Total 67,893.30$ Sales Tax 8.05%5,465.41$ Total 73,358.71$ Warranty Standard Manufacturer’s Warranty 12 months *Includes delivery to Fountain Hills yard and extensive operator and safety training from one of our CAT certified instructors. If you have any questions regarding this information please let me know. Thank you for allowing Empire Machinery to assist with your Caterpillar equipment needs. Sincerely, Doug Calvet Account Manager 602-622-4917 Doug.Calvet@empire-cat.com 12/6/2018 Town of Fountain Hills Attention: Jeff Pierce Office: 480-816-5129 Jpierce@fh.az.gov Re: NIPA Quotation Contract #161534 2018 New Caterpillar 415F2IL 415F2 Industrial Loader – Cab with AC/Heater Standard Equipment POWERTRAIN Stop and tail lights Cat C3.4B, 55KW (Net 68HP/51kW) Audible system fault alarm - Direct Injection Turbo Charged Engine, Key start/stop system - US EPA Tier4 Final Emissions Compliant 880 CCA maintenance free battery Water separator Battery disconnect switch Thermal starting aid system External Power Receptacle (12v) A dry type axial seal air cleaner with Remote jump start connector - integral precleaner - automatic dust ejection system OPERATOR ENVIRONMENT - filter condition indicator Lighted gauge group Hydraulically boosted multi-plate wet Interior rearview mirror disk brake with Rear fenders - dual pedals & interlock ROPS canopy Differential lock Foot throttle Drive-line parking brake Mechanical suspension seat Torque converter Coat Strap Four Wheel Drive Transmission-four speed manual shift APPLICATION SPECIFIC COMPONENTS - neutral safety switch Bucket level indicator Spin-on filters for Lift cylinder brace - fuel Return-to-dig - engine oil (automatic bucket positioner) - transmission oil Self-leveling loader with single lever Outboard Planetary Rear Axles control Diesel Particulate Filter Transmission neutralizer switch Single Tilt Loader HYDRAULICS Load sensing, variable flow system with FLUIDS - 35 gpm axial piston pump Antifreeze - Extended Life Coolant 6 micron hydraulic filter -30C (-20F) O-ring face seal hydraulic fittings Caterpillar XT-3 hose OTHER STANDARD EQUIPMENT Hydraulic oil cooler Hydrostatic power steering Flow-Sharing Hydraulic Valves Standard Storage Box Hydraulic suction strainer Transport tie-down points Ground line fill fuel tank with ELECTRICAL - 44 gallon capacity 12 volt electrical start Rubber impact strips on radiator guards 150 ampere alternator Bumper Horn CD-ROM Parts Manual Backup alarm Safety Manual Hazard flashers/turn signals Operations and Maintenance Manual Halogen head lights (2) Lockable hood Halogen rear flood lights (2) Tire Valve Stem Protection Configured as Follows Ref # Description Price 4625265 415F2IL $83,940 0P9002 LANE 2 ORDER $0 4625273 HYDRAULICS, GP, 3FCN/5BNK $5,580 4470049 PRODUCT LINK, CELLULAR, PL641I $0 4625276 CAB, STANDARD, A/C $10,080 4916734 WORKLIGHTS (8) HALOGEN LAMPS $0 2061748 SEAT BELT, 3" SUSPENSION $107 4649639 TIRES,12.5 80/16.9-24, GY/TI $1,510 3379695 COUNTERWEIGHT, 530 LBS $875 4625281 HITCH 3 POINT $0 3377382 BUCKET-GP, 1.0 CYD $2,699 9R5321 CUTTING EDGE, TWO PIECE $331 4627172 INSTRUCTIONS ANSI $0 4218926 SERIALIZED TECHNICAL MEDIA KIT $0 4572797 BATTERY, HEAVY DUTY $223 4636939 COUNTERWEIGHT, 198 LBS $565 4619717 BOX, BLADE/SCARIFIER $6,042 4705247 KIT, DUAL TILT CYLINDER $2,028 0P0210 PACK, DOMESTIC TRUCK $0 4616839 SHIPPING/STORAGE PROTECTION $199 4621033 RUST PREVENTATIVE APPLICATOR $106 Warranty Standard Manufacturer’s Warranty 12 months / unlimited hours. Includes travel time and mileage for warrantable repairs. Pricing Summary Caterpillar List Price: $114,285.00 City of Tucson NIPA Contract #161534 Discount 22%: (25,142.70) Sub Total: $89,142.30 Sales Tax 8.05%: 7,175.96 Total: $96,318.26 *Includes delivery to Fountain Hills yard and extensive operator and safety training from one of our CAT certified instructors. If you have any questions regarding this information please let me know. Thank you for allowing Empire Machinery to assist with your Caterpillar equipment needs. Sincerely, Doug Calvet Account Manager 602-622-4917 Doug.Calvet@empire-cat.com Revised 12/21/16 CONTRACT/GRANT INFORMATION SHEET - NEW CONTRACT Date: 8/6/2019 Staff’s Name: Justin T. Weldy Department: Public Works Vendor’s Name: Empire Southwest LLC Vendor Number: 246 Address: 1725 S Country Club Drive Mesa, AZ 85210 Phone: 602-633-4917 Received W9: Y N ALREADY IN SYSTEM Business License #: Pending Exp. Date: ACCOUNTING SUMMARY Org Object Project/# $ Accounting Code: VRHURF 8010 Accounting Code: Accounting Code: TBD(used for variety of different things/departments /funds): Choose an item. CONTRACT SUMMARY Contract Number Assigned: C2020-013 Current Contract Total: $169,676.97 Total Contract Amount with Renewals: Brief Description of Service: Equipment Purchase If Renewable: Total # of Renewals Max: 0 FY Cumulative Vendor Totals: Does this Contract put it over $50,000 Yes No Contract Beginning Date: 9/3/2019 Contract Expiration Date: 9/2/2020 Budgeted Expenditure: Yes No Budget Page #: 414 Approved by Council: Yes; Date: SEPTEMBER 3, 2019 No N/A Insurance Certificate provided: Yes No N/A Warranty Period: Yes No If Yes, expires 48 months Estimate d Start Date: 9/4/2019 Estimate d Completion Date: 9/2/2020 GRANT SUMMARY Paid for by Grant: Yes No Name of Grantee: Grant Number Assigned: Resolution Number: Date Council Approved: c:\windows\temp\bcl technologies\easypdf 7\@bcl@1834a36d\@bcl@1834a36d.docx Rev. 12/2016 REQUEST FOR LEGAL SERVICES Name/Phone Number/E-mail of Requestor: Justin T. Weldy 480-816-5133 jweldy@fh.az.gov Date of Request:6/27/2019 Date Director Approved Request: 6/27/2019 Procurement Approval by: Craig Rudolphy 6/27/2019 Yes No: - Contact Finance Director Due Date (From Town Attorney’s office): 7/12/2019 • Deadline for return of request from Legal is 10 business days after Procurement Approval. Council Meeting Date : 8/13/2019 Item does not require Council approval • Deadline for completed packet item s submitted to the Town Clerk - 12 PM the Wednesday 2 weeks prior to the date of the Council meeting. Request for Legal staff: Prepare cooperative purchasing agreement in the amount of $169,676.97 using the attached State of Arizona documents. This agreement is for the vehicle replacement purchase of a 2018 Caterpillar 415F2 Industrial Loader and a 2019 Broce CRT350 Power Broom . Proposed Agenda Language (if applicable): Consent Agenda Item Regular Agenda Item CONSIDERATION of approving the purchase a 201 8 Caterpillar 4 15F2 Industrial Loader and a 2019 Broce CRT350 Power Broom approved in the fiscal year 2019/20 budget utilizing the vehicle replacement fund. Vendor/Consultant/Agreement/Agency Information : Contact Name: Doug Calvet Entity Name: Empire Southwest LLC Entity Address: 1725 S Country Club Drive Mesa, AZ 85210 Entity Phone , Fax and E-mail address: 602-633-4917; 480-633-4626 (F); rena.mcdonald@empire -cat.com Town of Fountain Hills Business License Number: N/A Arizona Corporation Commission File Number: R08238673 Documents Requested: Ordinance # (Draft attached Y/ / N) Publication Dates for Zoning Actions: Resolution # (Draft attached Y/ / N) Easement (Specify Type) Deed (Specify Type) IGA / Amendment (Corresponding Resolution Required) PSA / Amendment PA (Purchase) / Amendment IFB (Invitation for Bid) RFQ (Request for Qualifications) RFP (Request for Proposals) CSA (Construction) / Amendment QSP Cooperative Purchasing Agreement Approval 2020-013 Other Required Contract/Agreement Information: Method of Vendor Selection:National Joint Powers Alliance (Sourcewell) Coop Term of Contract/Agreement:May 13, 202 3 Contract Amount (this contract):$169,676.97 Cumulative Contract Amount:$169,676.97 Brief description of services/goods being sought: Vehicle Replacment Purchase of a 201 8 CAT 415F2 Industrial Loader and 2019 Broce CRT350 Power Broom Contract # assigned: C2020-013 Funding Source: VRAD Project No. Budget Transfer Required: ; if yes, attach appropriate documentation ------------------------------------------------------------------------------------------------------------------------------------ -- Staff Check List: A “request for legal services form” will be returned if submitted without the necessary information and attachments. *Scope of Work or Specifications Attached *QSP Document Attached *Fee Proposal or Price Sheet Attached *Underlying Cooperative Purchasing Agreement Attached *Proposal or Statement of Qualifications from Vendor Attached c:\windows\temp\bcl technologies\easypdf 7\@bcl@1834a36d\@bcl@1834a36d.docx Rev. 12/2016 *Bid/RFQ/RFP Schedule Attached Finance requires a “contract cover sheet” prior to processing the approved/signed contract/agreement for payment(s). ITEM 8.F. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 09/03/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving the renewal of the contract with Pierce Coleman, PLLC, for the provision of Town Attorney services to the Town of Fountain Hills. Staff Summary (Background) In October 2017, the Town Council decided to make a change with its long-time law firm that provided legal services to the Town of Fountain Hills. After the Law Firm of Dickinson Wright was selected to provide interim legal services for the Town, Council directed staff to initiate a Request for Proposal for legal services. In September 2018, the Town Council approved a contract with the law firm of Pierce Coleman, PLLC, to provide legal services to the Town of Fountain Hills. After the award of the contract, Aaron Arnson has served as the Town Attorney for the organization. When the current contract was approved in 2018, the contract cost was fixed at $180,000 annually. Each year Pierce Coleman, PLLC, evaluates the prior twelve months of workload and hours and determines if an adjustment needs to be made to the fixed pricing contract for the next contract period. Based on the prior twelve months, the firm is requesting an increase to the cost of its contract to a flat fee of $234,000 annually for the upcoming contract term, payable in installments of $19,500 per month. The Town is trending toward an approximately $250,000 legal expense over a twelve-month period, if Pierce Coleman were billing hourly. Staff and Pierce Coleman also made a few minor changes to the agreement to enable legal services to occur relatively uninterrupted. First, the agreement will now be aligned with the fiscal year for ease of budgeting. Second, the agreement will now automatically renewal from year to year, unless a price increase is required, in which case it will go to the Town Council for approval. Based on the cost of legal services provided in the past, it appears that proposed contract cost is considerably less expensive than what the Town paid previously which was generally in the $400,000 to $500,000 range. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends renewing the legal services contract with Pierce Coleman, PLLC. SUGGESTED MOTION MOVE to approve the contract with the law firm of Pierce Coleman, PLLC, for the provision of legal services to the Town of Fountain Hills. Fiscal Impact Fiscal Impact:$234,000 Budget Reference:Page 178 Funding Source:General Fund If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Engagement Letter Form Review Inbox Reviewed By Date Finance Director Elizabeth A. Burke 08/27/2019 04:22 PM Town Attorney Elizabeth A. Burke 08/27/2019 04:22 PM Town Manager (Originator)Elizabeth A. Burke 08/27/2019 05:05 PM Form Started By: Grady E. Miller Started On: 08/27/2019 03:27 PM Final Approval Date: 08/27/2019 Page 1 of 3 TERMS OF ENGAGEMENT This document sets forth the terms of engagement as Town Attorney. Unless modified in writing by mutual agreement, these terms are an integral part of the agreement. RECITALS: The Town of Fountain Hills (the “Town”) issued a Request for Proposals in May 2018 (the “RFP”) for legal services. Pierce Coleman PLLC (the “Firm”) responded to the RFP. The Firm was selected by the Town as its Town Attorney, and the RFP and the Firm’s response to the RFP were incorporated by reference into an Agreement dated September 19, 2018. The Town and the Firm now enter into this Agreement to continue the relationship. SCOPE: The Town continues to retain the Firm as its contract Town Attorney to provide general legal services as typically provided by a Town Attorney and in accordance with the Town Code. This Agreement shall be effective September 1, 2019 through June 30, 2020, and shall automatically renew on a yearly basis thereafter, in conjunction with the Town’s fiscal year, unless cancelled by the Town or the Firm upon 30 days’ notice, or in the event of a price change as noted under the “FLAT FEE” section below. The Firm will at all times act on behalf of the Town to the best of the Firm’s ability. Any expressions on the part of Pierce Coleman concerning the outcome of Town legal matters are expressions of the Firm’s best professional judgment but are not guarantees. Such opinions are necessarily limited by the Firm’s knowledge of the facts and are based on the state of the law at the time they are expressed. Customarily, each client of the Firm is served by a primary attorney contact. The primary attorney should be someone in whom the Town has confidence and with whom the Town enjoys working. The Town can request a change of primary attorney at any time. Subject to the supervisory role of the primary attorney, the Town’s work, or parts of it, may be performed by other lawyers and legal assistant s in the Firm. Such delegation may be for the purpose of involving lawyers or legal assistants with special expertise in a given area or for the purpose of providing services on the most efficient and timely basis. Whenever practicable, the Firm will advise the Town of the names of those attorneys and legal assistants who work on Town matters. FLAT FEE: The Town continues to retain Pierce Coleman PLLC on a flat fee basis under the terms outlined below.  For the period running September 1, 2019 through June 30, 2020, the amount payable shall be $195,500, payable in monthly installments of $19,500.  For the fiscal year commencing on July 1, 2020 and terminating on June 30, 2021, and for each fiscal year thereafter, the amount payable shall be $234,000, payable in monthly installments of $19,500. Prior to the end of each fiscal year, the Town and the Firm shall review prior years’ billings to determine whether the amount of the next year’s agreement shall increase, decrease, or remain unchanged. The contract shall renew automatically from year to year unless a price increase is required, in which case the price increase shall be submitted to and approved by the Town Council. The Firm will keep track of time and send monthly “shadow” invoices for time worked s uch that the Town and the Firm may compare the actual time to the flat fee amount. The Firm will keep track of time Page 2 of 3 based on the following hourly rates: $260/hr. for Partners; $235/hr. for Of Counsel; $190/hr. for Associates; $125/hr. for Law Clerks; and $90/hr. for Paralegals. COSTS AND EXPENSES: The Town agrees to pay for all actual out-of-pocket costs and expenses the Firm incurs on the Town’s behalf. Typical costs and expenses include: filing fees, service of process, depositions, expert witness fees, travel costs and expenses, FedEx costs, courier services, and delivery charges, photocopying at $.10 per page, and wire transfers. The Firm may elect to cover other certain out-of-pocket costs and expenses on the Town’s behalf, but reserves the right to seek reimbursement from the Town. The Town agrees to reimburse the Firm for such out-of-pocket costs and expenses. The Firm will not incur costs and expenses in excess of $250 on the Town’s behalf without first obtaining the Town’s consent. TERMINATION OF REPRESENTATION AND POST-REPRESENTATION MATTERS: The Town may terminate this representation at any time, subject to the Firm’s obligations under the State Bar of Arizona’s Rules of Professional Conduct and the approval of the court if a matter is in litigation. REFUND: If the Town terminates the representation before the Firm has provided all legal services described in this agreement, the Town may be entitled to a refund of all or part of the flat fee based on the value of the legal services performed prior to termination. DOCUMENT RETENTION: At the end of our representation, the Firm will retain the hard copy or electronic version of the Town’s file, unless requested by the Town. If the Town does not want the file, the Town agrees that the file may be destroyed in accordance with the Firm’s document retention policy. Currently, it is Firm policy to destroy files five years after the termination of a representation. ARBITRATION OF FEE DISPUTES: If a dispute arises between the Town and the Firm regarding fees, the parties agree to resolve that dispute through the Arizona State Bar’s Fee Arbitration Program. Either party may initiate fee arbitration by contacting the State Bar’s Fee Arbitration Coordinator at 602.340.7379. NO ADVICE REGARDING THIS FEE AGREEMENT: The Firm is not acting as the Town’s counsel with respect to this Agreement. If the Town wishes to be advised on whether it should enter into this Agreement, the Firm recommends that the Town consult with independent counsel of its choice. CANCELLATION: This Agreement is subject to the cancellation provisions of A.R.S. § 38-511. ISRAEL: Pursuant to A.R.S. § 35-393, the Firm certifies that it is not currently engaged in, and agrees for the duration of this Agreement not to engage in, a boycott of Israel. NO GUARANTEES HAVE BEEN MADE AS TO THE FINAL OUTCOME IN ANY TOWN LEGAL MATTERS. [SIGNATURES APPEAR ON FOLLOWING PAGE] Page 3 of 3 DATED this day of August 2019. ___________________________________ Grady E. Miller, Town Manager Town of Fountain Hills, Arizona DATED this day of August 2019. ___________________________________ Justin Pierce, Member Pierce Coleman PLLC 4813-6238-8892, v. 1 ITEM 2. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 09/03/2019 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Jeff Pierce, Streets Superintendent Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the establishment of pavement condition standards to be used in developing a 10-year Pavement Management Program. Staff Summary (Background) The Town incorporated in 1989 and shortly thereafter, the Road Districts (6, 11 & 12) were incorporated. The newly elected Mayor and Council at that time decided to continue the “Zone” approach of maintaining town streets. This approach consisted of Reconstruction, Mill & Overlay, Crack Sealing, Surface Seals and Slurry Seals once every seven (7) years. The Town previously completed a one-time Pavement Management Report in 2009 and did not have the funding necessary to implement the recommendations. In 2017 Town staff presented a different approach to the Town Council regarding the Pavement Management Program. Priorities were set with Arterials, Collectors, and Local streets. An effective pavement preservation program will address pavements while they are still in good condition and before the onset of serious damage. By applying a cost-effective treatment at the right time, the pavement is almost restored to its original condition. At the June 18, 2019, Town Council meeting, the Town Manager indicated that staff would return with a new presentation from Infrastructure Management Services outlining a proposed level of service/pavement condition standards for each level of classification (Arterial, Collector & Local). Tonight’s presentation will include recommended street condition standards based on the category of streets (Arterial, Collector, or Local). The Mayor and Council will have an opportunity to determine the street condition standards for each category of street. Then staff will work with an outside engineering firm to develop a 10-Year Pavement Management Program which will return for Council review and consideration in December 2019. A part of the discussion at the December workshop will also include current funding levels and other possible future funding options to address the needs for the 10-Year Pavement Management Program. Related Ordinance, Policy or Guiding Principle Resolution 2013-02 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends that the Town Council establish pavement condition standards for Arterials, Collectors, and Local Streets. SUGGESTED MOTION That the Mayor and Council establish the following pavement condition standards as follows: A _____ for Arterial Streets A _____ for Collector Streets A _____ for Local Streets and direct staff to prepare a 10-Year Pavement Management Program utilizing these pavement condition standards for review by the Town Council in December. Form Review Inbox Reviewed By Date Public Works Director Justin Weldy 08/19/2019 10:21 AM Town Attorney Elizabeth A. Burke 08/19/2019 10:50 AM Town Manager Grady E. Miller 08/27/2019 10:09 AM Town Manager Grady E. Miller 08/27/2019 10:10 AM Form Started By: Jeff Pierce Started On: 08/19/2019 10:09 AM Final Approval Date: 08/27/2019 2019 State of the Roadway Network in Fountain Hills Zac Thomason, M.B.A., Director of Client Services IMS Infrastructure Management Services Scale of Investment ... Early look at the condition score: Pavement Condition Index (PCI) = 63 (Good) Back log (Costly Reconstruction) = 5.5% (target ≤12%) Single largest Town asset valued at $1.3M/mile or $216.1M total plus improvements and ROW (not including the value of land, bridges, sidewalks, etc.) ~24,583 people ~162.6 CL miles of Town owned roadways 3.6M square yards of pavement Why do Pavement Management? TimePavement Qualityhas a 15% drop in quality 15% of pavement life $1 spent now Costs $8 if delayed Very Good Good Very Poor Poor Excellent Fair 40% of pavement life has a 40% drop in quality TimePavement QualityTarget Zone for Pavement Rehabilitation Pavement Life Cycle Curve Increased Pavement Life A pavement management system is a set of tools or methods that assist decision makers in finding optimum strategies for providing and maintaining pavements in a serviceable condition over a given time period Concept of Pavement Management ... Town Objectives, Policies & Budgets Priorities, Analysis Techniques & Reporting Balanced Approach Understanding of Condition Tools to Rate the Streets –Objective Surveys … Condition Focuses On: Roughness Wheel Path Rutting Alligator Cracking Longitudinal Cracking Transverse Cracking Distortions Bleeding Weathering/Raveling Patching & Potholes Understanding the PCI …Very Poor (0 -25) or F Base &/or Structural Failures Rutting Excessive Cracking Past point of overlay based rehabilitation. Rehabs often driven by citizen complaints. Safety becomes a concern at very low PCI. This image is from the 2018 survey. N. Galatea Drive has since received rehabilitation. Understanding the PCI … Poor to Marginal (25 -50) or D Localized base failures Rutting at intersections Extensive cracking Extensive patching Tired streets due for a thicker overlay, possibly a surface removal and replacement on ACP roads. High priority to avoid reconstruction Understanding the PCI … Fair (50 -60) or C Progressive cracking Few base failures Localized distresses Optimum timing for thin –moderate overlay. Many benefits to selecting these streets: early lower cost –greater return, less grinding, drainage Understanding the PCI … Good (60 -70) or B Few localized distresses Minimal base failures If distressed due to loading on ACP roads, may need thin overlay, otherwise crack seal and surface treat (micro/chip seal/slurry). Greatest cost benefit: Thinner strategies Less crown build-up Less intrusive rehab Maintain existing drainage Understanding the PCI … Very Good (70 -85) or A Very few distresses No rutting No base failures Crack seal with surface treatment on asphalt roads. Maintains existing drainage. Extends pavement life at lowest cost Understanding the PCI … Excellent (85 -100) or A+ Like new condition Very few minor distresses Smooth ride, good drainage Should provide 5 to 10 years prior to first rehabilitation with routine maintenance Fountain Hills PCI Results … Typical Distribution Fountain Hills Results …3 metrics of health Backlog ≈ 5.5% Target ≤12% Should be above 15% Nationwide Avg. 60 -65 Effective rehab program required to minimize deterioration Fountain Hills Results … Functional Class Comparison Minimum Recommended Targets Arterials ≥ 70 Collectors ≥ 65 Locals ≥ 60 Town of Fountain Hills Methodology … 1.Funding is not $0, nor is it unlimited 2. Fountain Hills places a value on its roadway network Arterials –Collectors –Locals 3.Identify annual budget to maintain current PCI & Backlog 4.Examine current funding levels 5.Prevent deterioration in pavement quality 6.ADA compliance not included 7.No cost inflation 8.Pavement management is priority based, not worst-first Post Rehab PCI & Annual Funding … Post Rehab Backlog & Annual Funding … Town of Fountain Hills Analysis Findings … 1. Maintain a minimum PCI at or above 63 with a backlog below 15% for entire roadway network. 2. The Town’s planned budget of $2M annually will result in a network PCI of 52 and backlog of 42% over the next 10 years. 3.Use of a full suite of rehabilitation strategies reviewed on an annual basis as labor and materials can fluctuate. 4.Steady –effective rehabilitation and maintenance on an annual basis saves the Town money over deferred maintenance. 5.Town should resurvey their streets every few years to update the condition data and rehab program. Establishing Level of Service Goals CPCI = 50 to 60 BPCI = 60 to 70 APCI = 70 to 85 Next Steps in Pavement Management… Regroup in December to review the recommended pavement management program based on council’s Level of Service goals: 1. Develop a 10-year rehabilitation plan Arterials –Collectors –Locals 2.Review the budget models associated with several level of service goals 3.Examine current rehabilitation activity unit rates and deterioration curves programmed into the pavement management system. 4.Explore additional funding options Questions? …