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HomeMy WebLinkAbout2002.0606.TCREM.Packet4-4 ate• �40 . Al'st 1909 �• ��iat is A�4 NOTICE OF REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Jon Beydler Councilman Rick Melendez Councilwoman Kathleen Nicola Vice Mayor Leesa Fraverd Councilman John Kavanagh Councilman Mike Archambault Councilwoman Susan Ralphe WHEN: THURSDAY, JUNE 6, 2002 TIME: 6:30 p.m. WHERE: COMMUNITY CENTER 13001 NORTH LA MONTANA DRIVE (PLEASE NOTE LOCATION CHANGE) RULES FOR ADDRESSING THE COUNCIL —ADOPTED 1118190 It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting, please adhere to the following rules of order if you wish to speak: 1.) All citizens wishing to speak must first be recognized by the Mayor. 2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3.) Please stand, approach the microphone and state your name and address after being called on to speak. 4.) All comments must be directed to the Mayor. 5.) TIME LIMIT — THREE (3) MINUTES PER PERSON PER ITEM. 6.) Statements should not be repetitive. 7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. SWEARING IN CEREMONY. Administration of oath of office by President Clinton Pattea to Councilman -elect Kavanagh, Councilman -elect Archambault, and Councilwoman -elect Nicola. Administration of oath of office by President Clinton Pattea to Mayor -elect Beydler. Comments from the newly elected officials. • CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Beydler • INVOCATION — Pastor Steve Gilbertson, Fountain Hills Community Church ROLL CALL Town of Fountain Hills Page 1 of 3 Last printed 06/05/02 4:09 PM Consent Agenda: All items listed with an asterisk (`) are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all ')commended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a ouncilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. *1.) Consideration of APPROVING THE MEETING MINUTES of May 16 and 30, 2002. *2.) Consideration of a LIQUOR LICENSE APPLICATION submitted by Jennifer Gibson for the Beach Bum Bar & Grill (formerly the Village Pub) located at 16740 Palisades Boulevard. The application is for a new Class 12 Restaurant license. *3.) Consideration of a PRELIMINARY AND FINAL PLAT for the 16-unit Saguaro Villas Condominiums, located at 11842 N. Saguaro Boulevard, aka Plat 201, Block 3, Lot 3A, Case Number S2002-11. *4.) Consideration of a PRELIMINARY AND FINAL PLAT for two -unit Nielsen -Wolfe Office Condominiums, located at 16851 Parkview Avenue, aka Plat 208, Block 6, Lot 33, Case Number S2002-14. *5.) Consideration of a PRELIMINARY AND FINAL PLAT for the two -unit De'Ja' View on the Ave. Condominiums, located at 16704 Avenue of the Fountains, aka Plat 208, Block 3, Lot 14, Case Number S2002-16. *6.) Consideration of a PRELIMINARY AND FINAL PLAT for the two -unit Casa Segundo Condominiums, located at 16339 E. Segundo Drive, aka Plat 206, Block 1, Lot 10, Case Number S2002-17. *7.) Consideration of RESOLUTION 2002-22 abandoning whatever right, title, or interest the Town has in a segment of the 1' Vehicular Access easement located along the southerly property line of FireRock Parcel D, Lot 15 (16100 Shooting Star Trail) as recorded in Book 507 of maps, Page 10 records of Maricopa County, Arizona (Larry Garberick) NVAE 2002-04. 8.) ROTATION of the position of VICE MAYOR to Councilwoman Fraverd. The Vice -Mayor is an eight -month, rotating position to be held by every councilmember. 9.) Pursuant to A.R.S. §38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR: discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, pending or contemplated litigation, or settlement discussions conducted in order to avoid or resolve litigation purposes (specifically: Knapp v. Town of Fountain Hills, et al., Hoffman v. Town of Fountain Hills and Robinson v. Town of Fountain Hills). 10.) RETURN TO REGULAR SESSION. 11.) Discussion and possible action regarding DIRECTION TO STAFF FOR THE PREPARATION OF AN ORDINANCE repealing Ordinance 01-18, discontinuing fire and emergency medical services to town residents as provided by the Town of Fountain Hills and establishing a date for the discontinuation of service. 12.) Consideration of HIRING PLAINTIFFS IN HOFFMAN AND KNAPP LITIGATION for a municipal fire department, either after termination of the Rural Metro contract or after the Fire District Board Dissolution Election. 13.) Consideration of APPROVING A SETTLEMENT PROPOSAL in Knapp v. Town of Fountain Hills and Hoffman v. Town of Fountain Hills as outlined in the letters of Kenneth Countryman dated June 4`" and June 5`s, 2002. 4.) Consideration of APPROVING A ONE YEAR CONTRACT with Rural Metro Corp. for fire protection and emergency services for the Town of Fountain Hills. Town of Fountain Hills Page 2 of 3 Last printed 06/05/02 4:09 PM 15.) Consideration of APPROVING A CONTRACT with the Maricopa County Sheriff Office for law enforcement services for the Town of Fountain Hills. ' 6.) Consideration of APPROVING A CONTRACT(S) for interim town manager services. 17.) Discussion of RESOLUTION 1990-04 that provides for petitions, communications and comments or suggestions from citizens present at council meetings with POSSIBLE DIRECTION TO STAFF to draft an ordinance amending the rules for addressing the council. 18.) Consideration of an INTERIM PRO-TEM SYSTEM for Municipal Judge services. 19.) Consideration of a PROPOSED ETHICS POLICY for the Town of Fountain Hills. 20.) Consideration of a REQUEST TO APPOINT a Fountain Hills representative to the Scottsdale Fire Advisory Board. 21.) Consideration of TOWN SUPPORT of the July 4th Fireworks Program. 22.) Consideration of the RENEWAL OF THE BID for the COMPASS and JUST 4 TEENS Publications - Bid #PR99-021. 23.) Consideration of AWARDING THE BID for the Annual Landscaping Contract - Bid #02-01. 24.) Consideration of RESOLUTION 2002-23 authorizing the Town, pursuant to A.R.S. §28-8104, to use up to ten percent of Local Transportation Assistance Fund monies for all uses as allowed by law. 25.) Consideration of ACCEPTING THE RECOMMENDATION OF THE CITIZEN COMMITTEE for the 2001/2002 distribution of Local Transportation Authority Fund monies. 5.) Pursuant to A.R.S. §38431.03.A.4, the Council may VOTE TO GO INTO EXECUTIVE SESSION FOR: purposes of obtaining legal advice from the Town Attorney regarding pending or contemplated litigation specifically: claims for legal work done for the Fountain Hills Voluntary Fire District by the firms of Martinez and Curtis and Brown and Bain; and the Town of Fountain Hills vs. BNY and Merrill Lynch. 27.) RETURN TO REGULAR SESSION. 28.) Consideration of ACCEPTANCE OR REJECTION OF CLAIMS filed with the Town of Fountain Hills by Martinez and Curtis and Brown and Bain for legal work done for the Fountain Hills Voluntary Fire District. 29.) CALL TO THE PUBLIC AND ADJOURNMENT. Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may respond to criticism, ask staff to review a matter or ask that a matter be put on a future agenda., 1 DATED this 50' day of June, 2002(o�t,,,�[J Cassie B. Hansen, Director of Adrmnistr tion/Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda i-formation 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 of Fountain Hills Page 3 of 3 Last printed 06/05/02 4:09 PM June 5, 2002 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCI ��� From: CASSIE HANSEN, DIRECTOR OF ADMINIS TION Date: 6/5/2002 Re: 6/6/02 AGENDA UPDATES Hello again ... we have yet another updated agenda for your perusal. This mini -packet includes the new agenda, two letters from Kenneth Countryman referred to in new agenda item #13 and two memos from Bill. The changes to the agenda are as follows: OLD AGENDA ITEM #8 — RENEWING THE BID FOR THE COMPASS Councilman Melendez has requested that this item be removed from the consent agenda to allow for council discussion. It is now agenda item #22. OLD AGENDA ITEM #9 — REAPPOINTMENT OF LINDA MELUCCI Although the future of the stadium district was uncertain, it was originally thought that Scottsdale was not going to vote on the issue until July so this item remained on the agenda last Friday. But last night the Scottsdale City Council voted to not renew the district so this item has become a moot point and removed from the agenda. NEW AGENDA ITEMS #9, #11, #12, #13 — EXECUTIVE SESSION AND RELATED ITEMS An executive session has been added to discuss the three "fire" related lawsuits. Three additional items have been added dealing with various aspects of a possible settlement of those suits. In addition to the two letters from Mr. Countryman, this packet includes two memos from Mr. Farrell regarding these items. I believe this covers all the changes. One final note: Just a reminder that the first council meeting in July falls on the fourth. That meeting has been rescheduled to July 2,d. Community Development has publicly noticed a number of items for that date so please make sure the change appears on your calendars. Traditionally, the second meeting in July has been cancelled due to a heavy June schedule as well as Council/staff vacations. Any questions, please don't hesitate to call. Thanks t- Agenda Update 6/6/02 Page 1 of 1 Last printed 6/5/2002 3:56 PM 6/5/2002 June 4, 2002 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINIST TION Date: 6/4/2002 Re: 6/6/02 AGENDA UPDATES As usual, there are a few changes to the agenda. Your mini -packet contains an updated agenda and some supplementary materials. A summary of the changes include the following: AGENDA ITEM #2 — LIQUOR LICENSE APPLICATION Last Friday, your packet included a liquor license application for the Village Pub. In checking the status of their business license late on Friday, staff discovered that the name on the newly issued business license did not match the name on the liquor license application. The business license had the name Beach Bum Bar & Grill while the liquor license application had the name Village Pub. Staff contacted the Liquor Department who reported that they had received updated name information from the applicant but had failed to pass it along to the Town. The name change does not affect the rest of the application and a copy of the amended page from the State Liquor Department is included in this packet. The necessary change has been made to the agenda and staff continues to recommend approval. "OLD" AGENDA ITEM #3 — LTAF RESOLUTION Councilwoman Ralphe has requested that this item be removed from the consent agenda to allow for discussion. It is now agenda item #20. AGENDA ITEM # 22 — VOTE TO GO INTO EXECUTIVE SESSION Mr. Farrell has added discussion of the Town vs. BNY and Merrill Lynch litigation to the executive session. If any materials become available, he will distribute them in executive session. Your packet also includes additional support materials: Updated copies of the Law Enforcement Contract reflecting the change of "public safety director" to "town manager or designee". Hard copies of the files emailed you last night regarding the citizen recommendation for LTAF distribution. Portions of the Paradise Valley Town Code dealing with the Municipal Court and Fire Department as requested by Councilwoman Nicola. That is it for now .... we will keep you apprised of any additional changes. Thanks Agenda Update 6/6/02 Page 1 of 1 Last printed 6/4/2002 11:07 AM 6/4/2002 May 31, 2002 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL 1J 4 From: CASSIE HANSEN, DIRECTOR OF ADMINIST ION Date: 5/31/2002 Re: AGENDA ITEM #2 — VILLAGE PUB LIQUOR LICENSE AGENDA ITEM #3 — RESOLUTION 2002-23 AUTHORIZING THE USE OF LOTTERY FUNDS AGENDA ITEM #2 — VILLAGE PUB LIQUOR LICENSE Jennifer Gibson has submitted an application for a new Class 12 Restaurant license for the Village Pub located at 16740 E. Palisades Boulevard. Ms. Gibson is the manager of the Village Pub and applicant for the new license. Although the establishment previously had a Class 12 liquor license, Ms. Gibson must apply for a new license on behalf of the new owner, Donna Schuster. Marshal Gendler has performed his inspection and confirms that the premise satisfies the statutory requirements of a Class 12 license (please see attached memo from Steve). The premise has been posted for the 20-day statutory period and no written arguments have been'.- received at Town Hall. Ms. Schuster has applied for a Fountain Hills business license to reflect the new ownership. Based on statutory compliance, staff recommends approval, AGENDA ITEM #3 — RESOLUTION 2002-23 AUTHORIZING THE USE OF LOTTERY FUNDS Resolution 2002-23 is a routine legislative action authorizing the use of Local Transportation Assistance Funds (LTAF) for purposes other than transportation. Since 1990, the Town Council has authorized ten percent of the LTAF or lottery money received by the Town to be used for cultural, educational, historical, recreational or scientific programs. Approval of this resolution provides the authority the Council will use in agenda item #21 when action is taken on the citizen committee's recommendation for distribution of these funds. This funding mechanism has provided financial assistance for many groups and programs in Fountain Hills, benefiting the entire community. Staff recommends approval of Resolution 2002-23. kAgenda Items 6/6/02 Page 1 of 1 Last printed 5/31/2002 4:09 PM 5/31/2002 Town of Fountain Hills Memorandum VOW TO: Cassie Hansen FROM: Steve Gendler DATE: May 2, 2002 SUBJECT: Liquor License Application — Village Pub ------------------------------------------------------------------ The purpose of this memorandum is to provide an endorsement of the attached Liquor License Application for the "Village Pub" located at 16740 Palisades. It is my understanding that the application is scheduled for consideration at the Council session on June 6th. This application reflects a change in ownership for the Village Pub and the subsequent process for a new class 12 license under the specifications of ARS 4-205.02. A Class 12 license is for restaurant use only. The statutes require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. The Village Pub is a long established restaurant -tavern that has changed ownership and qualified for a Class 12 license in 1994, 1998, and most recently in 2001. A site inspection, as well as a review of plans, shows clearly that over 60% of the establishment is devoted to service of food. A Class 12 license is also exempt from restrictions relating to churches, schools and nearby liquor establishments. While the site inspection showed no churches or public schools in the immediate area, there are several day care centers and other liquor license holders in the vicinity. However, that is consistent with business interests adjacent to the downtown area and not a consideration for class 12 license. The applicant, Jennifer Gibson, is an Arizona resident under the provisions of ARS Title 28 and I have verified that she has no outstanding wants or warrants. Additionally, the restaurant has a current town business license #4322 issued to the previous owner, Mr. Joe Williams. However, since this is a change in ownership, and the business license is non -transferable, Ms. Gibson will have to re -apply. Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicant is an Arizona resident with no wants or warrants, I recommend approval by the Council at their June 6th session. M INTEROFFICE MEMORANDUM TO: PUBLIC SAFETY DIRECTOR STEVE GENDLER FROM: BEV BENDER, EXEC. ASST. TO THE TOWN CLERK AAT SUBJECT: VILLAGE PUB LIQUOR LICENSE APPLICATION DATE: 5/1/2002 CC: JUDY HERTRICH, ADMIN. ASST. TO THE TOWN CLERK Steve, Please review the attached liquor license application and provide your recommendation. The new owners, as of today, have not applied for a business license. I called the Village Pub this afternoon and informed Mike, who identified himself as one of the investors that they would need to apply for a new Fountain Hills business license. I told Mike that would I bring a business license application form to them when I posted their liquor notice on Thursday, May 2, 2002. I will let you know when our office has received their completed application. :1 a A RIZONA. DEW TMINT OF LIQUOR LICEN' ` & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 is (520) 628-6595 APPLICATION FOR LIQl�Q&LICENSE TYPE OR PRINT'rNTM BL�A CR Notice Effective Nov. 1, 1997, All Owners, A ents Partners tockholders Officers. or Mnnivieprc actively involved in the da to a operations of the kusine must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: ❑ INTERIM PBRMIT C 1 t S Type of ownership: omp e e echo J. .W.R.0.5.. Complete Section 6 ❑ NEW LICENSE Complete Sections 2, 1 7 I IVIDUAL Complete Section 6 ❑ PERSON TRANSFER (Bars & Liquo TNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, ORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and q I ITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 1 , ❑ CLUB Complete Section 8 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, IS, 16, 17 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE A': I Z 0 -7 SJ Type of License: 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF A-PPLICABLE) ARE NOT REFUNDABLE A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) Applicant: (All applicants must complete this section) Mr, Applicant/Agent's Name: Ms. Gwen one name ONLY to appear on license) Last First Middle Corp./Partnership/L. L,C.: (Exactly as it appears on ArtirJcs of Inc. or Articles of Org.) Business Name: Beach Bum Bar & GriII (Exaedy as it appears on the exterior of premises) Business Address: Mo not use PO Box Number) City COUNTY Zip Business Phone: Residence Phone: ( ' ) Is the business located within the incorporated limits of the above city or town? ❑YES ❑NO Mailing Address: City Sure Zip Enter the amount paid fora 06, 07, or 09 license: $ (Price of License ONLY) Accepted by: Fees: DEPARTMENT USE ONLX Date: Lic. # Q1015 I U Application Interim Permit Agcnt Change Club F. Prints TOTAL FROCE MM; APPLICATIONS TAKES APPROI:IAIATELY 90 DAYS, AND CDkCU1vrSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUnONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE MAL APPROVAL AND LSSUANCE OF THE LICENSE. C 0100 I1n000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. &� WONA DEPARTMENT OF I LIQUOg -FN F,S & CONTROL R�C'►EiV�I�- 800 W Washington 5th Floor MAY 0 12002 400 W Congress #150 Phoenix AZ 85007-2934 FN HILLS *TOWN CLERK (520) Tucson AZ 85701-1352 (602) 542-5141 628-6595 DLLC APPLICATION FOR LIQUOR LICENSE a c /W TYPE OR Notice: Effective Nov. 1, 1997, All Owners, APents, Partners, Stockholders, Officers, or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. po :�t ; _ ;) _ 1; SECTION 1 This application is for a: [YINTERIM PERMIT Complete Section S LrNEW LICENSE Complete Sections 2, 3, 4, 13, 14, IS, 16, 17 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 = r- ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not r q If&M ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 SECTION 3 Type of license and fees: SECTION 2 Type of ownership: 'br ❑ J.T.W.R.O.S. Complete Section 6 cm, „a (0 -L, -od' ❑ DIVIDUAL Complete Section 6 KI PARTNERSHIP Complete Section 6 ❑ CORPORATION Complete Section 7 Y 8TM1TE61f0ILITY CO. Complete Section 7 QjCUJ$ Complete Section 8 Q GOVERNMENT Complete Section 10 """""°- g-TR RUST - Complete Section 6 ❑ OTHER Explain LICENSE #: 1. Type of License: �ES'fiit�>���pk�yF,� 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) JDCTION 4 Applicant: (All applicants must complete this section) Mr. 1. Applicant/Agent's Named (Insert one name ONLY to appear on icez 2. Corp. /Partnership/L. L. C.: .= \(E/xactly 3. Business Name: �( as it 4. Business Address: 11n-1 on the of premises) (Do not use PO Box Number) -City _ . COUNTY I Zip Business Phone: ( ) g a] - � ipj cI Residence Phone: ( C 5 % - O'aj Is the business located within the incorporated limits of the above city or town? .YES ONO Mailing Address: ` �!�� `1�(if1� �I IN±a1Jx V>5aLE) City State Zip Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) IR DEPARTMENT USE ONLY Accepted by: Date: 9 ��- Fees: / U e 0 e Application Interim Permit Agent Change Club Lie. # F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 11/2000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you will need anfteLtPermit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. I ! , O - �?� q dR3 APR 29 P 12: 52 4. Is the license currently in use? RYES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I, 'v 't , declare that I am the CURRENT LICENSEE of the stated license and (Print full name) location . I have read this application and the contents and all statements are true, correc d complete. State of County of X r o' frame was aclrn wledged before this (Signature) OFFICIAL SEAL HELEN WESTBROOK NOTARY PUBLIC - STATE OF ARI day of MARICOPA COUN Y 16 My Comm. Expires Jury 1f M gn Year My commission expires on: SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC010111, AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH f . 1. Individual: Last First Middle % Owned Partnership Name: (Only the first partner listed will appear on license General-Nmit—1 T oar c:--. —111 N Residence Address State LAty State Zip S Awe, B les jkd. Essosb a � o c < on q,3- , SO s, oo E. mo t�nt�.t �vt�� �d ro3, s"AILT(Ilede AZ852 S ❑ ❑ / ATT+A - I ---------- -..v... ... vaaa.a.♦ u a.a.:t. AiJJl 1) 2. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO F DLLC Vl 2003 APR 2 q P 12* S 2 z 0 � O M W DLLC 100.E APR 29 P 12: 52 0 V SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARlah FOR EACH CARD. ❑ CORPORATION Complete questions 1, 2, Q 15,L47, 8. l❑ L.L.C. Complete questions 1, 2, 4, 5, 6, 7 and attach copy of Articles of Org. anreement. ame ofCorporation/L.L.C.: 2003 APR 2 q P 12: 5 2 (Exactly as it appears on Articles of Inc. or Articles of Org. 2. Date Incorporated/Organized: i AZ Corporation Commission File No.: 4. AZ L.L.C. File No: State where Incorporated/Organized: Date authorized to do in AZ: Date authorized to dAusiness in AZ: 5. Is Corp./L.L.C. non-profit? ❑ YES ❑NO If yes, give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: Last First Middle Title Reside Address State (ATTACH ADD ONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or ore. Last First Middle `fo Owned Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C. is owned another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as ecessary in order to disclose real people. SECTION 8 Club Applican EACH PERSON LISTED MUST A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exact] as it appears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: 3. List officer and di r tors: Last First Middle Title Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: L Current Licensee's Name: (Exactly as it appears on license) Last First Middl 2. Assignee's Name: LLQ Last First Middle 3. License Type: Licens7 e �1upp} r2 12* 5 2 Date of Last Renewal: 4. ATTACH TO THIS APPLICATION LL �� jjCEtt'RttiiTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION IN RUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE AS GNEE TO THIS APPLICATION. SECTION 10 Government: (for cities, towns, or counties only) I. Person to administer this license: 2. Assignee's Name: Last Last SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores 1. Current Licensee's Name: (Exactly as it appears on license) Last First 2. Corporation/L.L.C. Name: 1 Middle Middle Entity: (Indiv., Agent, etc.) (Exactly as it appears on license) 3. Current Business Name: (Exactly as it appears on license) 4. Current Business Address: 5. License Type: License Num r: Last Renewal Date: 6. Current Mailing Address (other than business): 7. Have all creditors, lien hol/neolders, etc. been notified of this transfer? ❑ YES ❑ NO 8. Does the applicant intend tbusiness while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to tn.9. I hereby relinquish my righve described license to the applicant named in this application and hereby declare that the statements made in this section are trucomplete. (Print application and the coi X My ne) declare that I am the CURRENT LICENSEE of the stated license. I have read this and all statements are true, correct and complete. of CURRENT LICENSEE) expires on: State of County of The foregoing instrument was acknowledged before me this day of Day of Month Month Year (Signature of NOTARY PUBLIC) SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1. Current Business Name and Address: ractly as it appears on license) OLLC 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: 4. What date do you plan to move? License Number: SECTION 13 Questions for all in -state applicants: 1. Distance to nearest school: Yh ► fit. (Regardless of distance) =. 2. Distance to nearest church: ft. (Regardless of dist(a)\ Z003 APR 2 q P 12: 52 Last Renewal Date: What date do you plan to open? Name/Address of school: O�-tDl e Name/Address of c;�4 *Z a�o i I S I am the: LESSEE ❑ SUBLESSEE ❑ OWNER .: PURCHASER (of premises) AZ 4. a premises is leased give lessors name and address: S Cqt q'3 01` jt ►l�_ 1+ Z . 4a. Monthly rental/lease rate $ What is the remaining length of the lease?yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ or other (give details - attach additional sh necessary) q)What is the total business indebtedness of the applicant for this license/location excluding lease? $ .. Does any one creditor represent more than 10 % of that sum? ❑ YES 9 NO If yes, list below. Total must `equal 100 %. Last r First Middle ho Uwed Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) 1\�STMN'—'FG-It " (A-nq @. 7 . Has a license r a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES NO If yes, attach explanation. 8oes any spirituous liquor manufacturer, wholesaler, or emp yee , have any interest in your business? DYES NO 9. the premises currently licensed with a liquor license? YES ❑ NO If yes, give license number and licensee's name: License # I I LD 3 2 R19 (Exactly as it appears on license) Name bEkprakAnnn 5 SECTION 14 Restaurant, or Hotel -Motel Applicants: 1. Is there a valid restaurant or hotel -motel license at the proposed location? n YES 84 If yes, give licensee's name: and license #: I a o-3 9 a.q J 2. If the answer to Question 1 is YES, you may qualify for an Interim Pertm to Pperate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. AP 3. All restaurant applicants must complete a Restaurant Operation Plan ( o� 9LIC01 �} p}�' ed by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? m YES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) Ol Check ALL boxes that apply to your licensed emises: �stEntrances/Exits IJ LlLiquor storage areas ❑ Drive-in windows ❑ Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. 0 X % t* .,V?L e-'t, 5r %z 2 S t o >►-- w ter, i f'.yr e s s 3Uv8 Z_J D u vA­ Is-t Ya,__q C-_1 UR X�1 'ham ti�f,-s..G e, I)(/% YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARAL , ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. SECTION 16 .Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. 1. __ekAM4v' c-,IC 'L 11 12 13 14 15 DL APR 2' (ATTACH ADDITIONAL SHEET IF NECESSARY) TION 17 Signature Block: A = Your business name and identify cross streets. declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this (Print name of APPLICANVAGENT listed in Section 4 Question 1) application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. x LTV (Signature) `snesrgr OFFICIAL SEAL VICKI SPEESE NOTARY PUBLIC-ARIZONA My commission expires MARICOPA COUNTY wiz y , 3 State of 2—• _County of Q r I Cv The foregoing instrument was acknowledged bef e me this r—) day of`��I Day of Month Month Year I'm4 J 12�7 jq� 0 (Signatur o PUBL ) SAMPLE GEOGRAPHICAL DATA In the area adjacent to the map provi h telow indicates your proposed location and the exact names of all churches, sc ools, and alcoholic beverage outlets within a 1/2 mile radius of your i,,groposed oca ion. (See example below) ZUU3 APR 2q P 12: 52 A = Applicant Series 12 01 Pink Elephants Series 06 02 Mama's Rest. Series 12 03 Corner Liquors Series 09 04 Joe's Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 09 St. Anthonvs Church 10 St. Anthonys School 11 Burbank Middle School '-� M i . 12 First United Baptist Church 13 14 15 A.R.S. Section 4-207.A reads as follows: '-� M i . N i '-� Mi . A. No retailers license shall be issued for any premises which are. at the time the license application is received by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school building with kindergarten programs or any of grades one(1) through twelve(12). or within three hundred(300) horizontal feet of a fenced recreational area adjacent to such school building. P] i SECTION 16 .Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. I. 2 p 3. 4. t 2�03 5. 6. 7. doh s. t h h 9. •S, 10. (ATTACH ADDITIONAL SHEET IF NECESSARY) STIONg 17 Si nature Block: DL APR 2' A = Your business name and identify cross streets. declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this (Print name of APPLICANTlAGENT listed in Section 4 Question 1) application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. X (- C_" V (Signature) S„E S?-' OFFICIAL SEAL VICKI SPEESE NOTARYPUBLIC-ARIZONA My commission expires �'`` t�° MARICOPA COUNTY 9izP r Expires u y 14 State of A 2— Countyof The foregoing instrument was acknowledged bef &e me this day of &Dal ,Cal, Day of Month Month Year (Signatur o PUBL ) SAMPLE GEOGRAPHICAL DATA In the area adjacent to the map provic� telow indicates your proposed location and the exact names of all churches, sc ools, and alcoholic beverage outlets within a 1/2 mile radius of your j�proposed oca ion. (See example below) 1UU3 APR 2q P 12: �2 A = Applicant Series 12 O1 Pink Elephants Series 06 02 Mama's Rest. Series 12 03 Corner Liquors Series 09 04 Joe's Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 09 St. Anthonys Church 10 St. Anthonys School 11 Burbank Middle School 12 First United Baptist Church 13 14 15 A.R.S. Section 4-207.A reads as follows: '-1 M i . '-� Mi . A. No retailers license shall be issued for any premises which are. at the time the license application is received by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school building with kindergarten programs or any of grades one(1) through twelve(12). or within three hundred(300) horizontal feet of a fenced recreational area adjacent to such school building. F 1. 2. 3. 0 5. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor no.., 400 W Congress #150Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 RE M*,4 jW GPWTION PLAN List by Make_ Mndel and ('anar.ity of vmir Grill 1' "� �jl�.tJN�12 Si�yE l�f U�IErJ "! fr&,li-L.. Oven Freezer �EttC�Y 1 N � REED-�Yz-S Refrigerator WvK � / �i>o C�cE� jREPH-9t iN co1DLr►'�! EJV4f )p� Jt OoaU-2 ;o-13Er Sink �d zTmErT� S�r�K 3 CD-r*A+4,lTlirE� SINK-FDL-0ex- SINK Dish Washing Facilities �.om`rtl'Tr -wswovi<mAmL -ft i LITY Food Preparation Counter (Dimensions) STfhn1LS �1� T1L�S Other Print the name of your restaurant: Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). List the seating capacity for: a. Restaurant area of your premises b. Bar area of your premises C. Total area of your premises 1 �Sc) What type of dinnerware and utensils are utilized within your restaurant? Reusable ❑ Disposable Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes, what percentage of the public floor space does this area cover). Yes 2.,�S' % ❑ No 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) *Disabled individuals requiring special accommodations, please call the Department Lic0114 05/1999 lobo I _8- Does your restaurant Contain any games or television?_. , Yes. ❑ No (If yes, what types and how many? Pool tables, Video Games, Darts, etc.) Do you have live entertainment or da�&gl,!R 2 9 P 12: 52 ❑ Yes �No (If yes, what type and how often?) 10. Use space below or attach a list of employee positions and their duties to fully staff your business. n- =Fi�oa SERJ �S ��.SS t=riS �n 6UR-1 L �13A TVKE,SS IkOST£SS I, ,1'1►1 ��� r ��f 7 h hereby declare that I am the APPLICANT filing this application. I have (Print full name) read thei application and the contents and all statements true, correct and complete. State of Z County of a4 The foregoing instrument was acknowledged befor me this (Signature of APPLICANT) �� _ ` day of Y� �(\.,\ Day of Month Month Year .�qe sr OFFICIAL SEAL My commission expir, aTfo I -,PEE, E NOTARY PUBLIC (Signature of OTARY PUBLIC) MARICOPA COUNTY . 191z My Comm. Expires July 23, 2004 19 r1. �•: '.t 'Zti .,�,,�, •�.T -�y fir+ '�• �yv'!�.• rgp� DLLC 1003 APR 29 P 12: 52 • Liver & Onions ............................ 6.95 a house favorite Chicken Fried Steak ..................... 6.95 a tender veal steak smothered in gravy Pork Chops ................................... 7.95 2 succulent pork chops & applesauce 1/2 Chicken Dinner ...................... 7.95 deep fried Hot Turkey Dinner ...................... 7.95 sliced turkey with mashed potatoes & gravy Meatloaf Dinner ............................. 6.95 homemade meatloaf topped with tomato sauce Ground Sirloin .............................. 6.95 112 pound, made to perfection Sirloin Steak Dinner .................... 11.95 made to perfection Hot Roast Beef Dinner .................. 7.95 with mashed potatoes & gravy Sirloin Steak & Jumbo Shrimp.. 14.95 Breaded Veal Steak ...................... FROM THE DEEP BLUE WATERS 'Stioldenjumho mp in the Round ................ 12.50 shri- W Baked Ice Atlantic Cod ................ 8.95 Deep Fried Ice Atlantic Cod ........ 8.95 Popcorn Shrimp ........................... 7.95 p l�/- 12.50 Sheffield Scallops .......... 12 golden scallops Cajun Ice Atlantic Cod ................. 8.95 baked with cajun spices c l� BEVERAGES Coffee or Hot Tea ......................... 1.50 Milk............................................... 1.50 Juice.............................................. 1.75 IcedTea ........................................ 1.50 Soft Drinks ................................... 1.50 Coke, Diet Coke, Sprite, Dr.Pepper Rootbeer, Pink Lemonade ** We offer a Full Service Bar featuring Beer, Wine & Liquor *** SIDE ORDERS TossedSalad .................................. 1.95 =, C-4-tage Cheese .............................. 1.50 Cole Slaw .................................... 1.50 A*lesauce..................................... 1.50 French Fries ............................... 2.25 SourCream ................................. 1.50 Onion Rings ............................... 3.25 DLLC 7003 APR 2 9 P 12: 5 2 0 0 f Potato Skins ( 4 ) ........................... 4.75 served with cheese and bacon Golden Popcorn Shrimp .............. 4.75 Cheese Sticks ( 6 ) ......................... 4.75 Chicken Fingers ............................ 5.25 i SLIDERS 3 baby burgers with cheese and onion ..... 3.7.5 Volcano Poppers ( 6 ) .................. 4.95 with cream cheese a Deep Fried Mushrooms ............... 4.50 Deep Fried Zucchini .................... 4.50 Basket of Onion Rings ................. 4.50 made with fresh tomato sauce Cheese................................ 6.25 Pepperoni.............................. 6.95 Pepperoni, Green Peppers, Onions & Mushrooms ......... 7.95 THE LIGHTED SIDE ChefsSalad ................................... 5.95 Lo - Cal Plate ................................ 5.95 lettuce, tomato, cheese egg and turkey Caesar Salad .................................. 6.25 add grilled chicken ...................... 6.95 House Salad ................................... 1.95 1/2 pound burger with cottage cheese, tomatoes and sliced boiled egg Salad with Tuna & Egg ............... 5.50 Salad with Chicken Salad ............ 5.50 Cottage Cheese & Tomatoes Soup & Salad ................................ 4.50 3.95 Soup & Sandwich ...................................... 4.95 Your choice of Tuna Salad, Chicken Salad or Grilled Cheese Sandwich & Cup of Soup Fs-oUP & CHILLI pup of Soup ....................... ........... 1.75 Bowl of Soup .............................. 2.75 Cup of Chilli ................................. 1.95 Bowl of Chilli ............................. 2.95 Add Cheese .................................... .60 Add Cheese & Onion .................. .75 DLLC .2003 APR 2 q P 12: 5 2 E SANDWI(pOA All sandwiches incly03 *W 2�oip jaVwo, frrench fries, onion rings, cole slaw, applesauce or cottage cheese Hot Meatloaf Sandwich .............. 5.75 Hot Roast Beef Sandwich ........... 5.75 thinly sliced, served with mashed potatoes Hot or Cold Ham Sandwich ....... 5.25 served on thick texas bread add cheese 5.75 Tuna Sandwich ............................ 5.50 The All American BLT ............... 5.25 The Pub Chicken Breast ............. 5.75 afill chicken breast topped with bacon & cheese Beef Barbecue .............................. 5.65 Ice Atlantic Fish Sandwich ......... 5.50 ''led Cheese Sandwich ............ 4.50 Gr led Cheese & Tomato ........... 4.95 with bacon .............. 4.95 Reuben & French Fries .............. 5.95 our oven baked corned beef with sauerkraut, swiss cheese & thousand island dressing on rye Hot Turkey Sandwich ................. 5.75 served with mashed potatoes & gravy Triple Decker Club ...................... 5.75, bacon, turkey, ham, lettuce & tomato Cold Turkey Sandwich ............... 5.50 Fried Egg Sandwich ................... 4.50 with ham or bacon & cheese French Dip served with au jus ... 5.95 thinly sliced roast beef straight from the oven Hot Italian Sausage .......................5.75 with mozzarella cheese & green peppers Grilled Ham & Cheese ................ 5.50 Hot Dog & Fries ....................... 4.50 served with coleslaw Coney Island Dog ....................... 1.75 Gyros........................................... 5.50 FROM THE GRILL All Burgers are 1/2 pound ground round SuperBurger .............................. 5.95 Mushroom Burger ..................... 5.50 bacon, mushrooms & cheese Chilli Burger ................................ 5.50 topped with chilli & cheese Hammy Swiss Burger ................ 5.75 112 pound burger, thinly sliced ham & swiss .American Burger .................. 5.50 with swiss or american cheese ............. 5.50 with swiss or american cheese Patty Melt .................................... 5.50 grilled 112 pound patty, with swiss cheese, grilled onions on rye bread r Our Famous Pub Burger ........... 6.95 mushrooms, bacon, grilled onions with swiss and american cheese ®LLC 1003 APR 29 P 12: 52 C r: ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor ' 460 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 DLL (520) 628-6595 HOTEAMWAM) RESTAURANT LICENSES RECORDS REQUIRED FOR AUDIT OF SERIES #11 & #12 LICENSES MAKE A COPY OF THIS DOCUIVIENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the department any documents necessary_ to determine compliance with A.R.S. 205.02.G. Such documents requested may include however, are not limited to: All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time, you may not be given credit for all food sales. 2. A list of all food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements -Income Statements -Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns LIC1013 05/1999 12. Payroll Records A. Copies of all reports required by the StatDMdLFederal Government B. Employee Log (A.R.S. 4-119) ZOQ3.,APR .2 q P 12: 52 C. Employee time cards (actual document used to sign in -and out each work day) D. Payroll records for all employees showing hours worked each week and hourly wages The sophistication of record keeping varies from establishment to establishment. Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. 210.A.7. AND A.R.S. 205.02.G. A.R.S. 210.A.7. The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel -motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. A.R.S. 205.02.G. For the purpose of this section: 1. "Restaurant" means an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. 2. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. I, (print Licensee/Agent's Name): C—, JoS Q) r7 Y, h rFP I L_ Last First Middle have read and fully understand all aspects of this statement. State of T(� County of r r c Q The foregoing instrument was aclrnow�,ledged before me this day of AV t(, 0015a— (Signature of Licensee/Agent) Day of Month Month Year ems, ne srar OFFICIAL SEAL VICKI SPEESE NOTARY PUBLIC -ARIZONA My commission EXpi sW` MARICOPA COUNTY (Signature of NOTARY PUBLIC) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 0 (602) 542-5141 QUESTIONNAIRE 400 W Congress #150 t�\ Tucson AZ 85701-1352 v (520) 628-6595 Attention all Local Governing Bodies: Social Securityy,and Birthdate Information is Confidential. This information may be gi n to -)cal law enforcement agencies for the purppeI?F 6aground checks only but must be blocked to be unreadable prior to posting �nn h9p, 2q or any public view. Read An extensive Tl in c; lly , tills inst u ent is a sw, r document. Type qr print with black ink tton or ypur �a round will to conducted. Falst< or I�co plete answers, could result prosecution and the emal or subsequent revocation ot" a �Tpcense or perrmt. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LI UOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. % � 0 q/ -/ o There is a $24.00 processing fee for each fingerprint card submitted Liquor License A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check ❑Owner ❑Partner ❑Stockholder ❑Member ❑Officer , Agent Y Manager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) box—, Licensee or A ent must complete # 25 for a Mana er Licensee or A ent must complete # 25 2. Name: 1 i3S,. �1 "SAP( Pi 1 FEr� A 1 L Date of Birth Last First Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: Drivers License #: b003CiQ-3S State: AZ • (This Will Not Become a Part of Public Records) ,r� I T! 4 . Place of Birth: GAP\4 Z j (,l S }} Height: 0 Weight: Eyes: Hair: pw City State Country (not county) 5. Marital Status ❑ Single ❑ Married IVI Divorced ❑ Widowed Residence (Home) Phone: (k00 6S7- - a3 6. Name of Current or Most Recent Spouse: Date of Birth: all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden You are a bona fide resident of what state? �Z • If Arizona, date of residency: :51 C7© 8 Telephone number to contact you during business hours for any questions regarding this document. ALSO) -SO 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: V 1 t1GAe--- Premises Phone: ( 6D?- -a3 t 4=Sll 11. Licensed Premises Address: (490 �(3,t1��(� QC BAY(• AS CYl[1r1 @upC pllsa6R Street Address (Do not use PO Box #) City County Zip 12. List your employment or type of business durin¢ the oast five (5) vears. if unemployed Dart of the time lisr rhnce ,iptpq T.ict ,.,,,mot --1 i.t FROM Month/Year TO Month/Year DESCRIBE POSITION BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS V (Give street address, city, state & zip) O ` CURRENT iOR b \ C �.C'. \ nt M ay o- . 1lOv w . rL 1 o S E- o arC! e� A K ei ►t�I ll�g,� i2 9 (Y,ENExtAL ✓1')fr)4rt6Gt IneiseeS I�ior� ech-mZ2.etNTrV— S►�,J3�a�1 �� vi < af," ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q 13. Indicate your residence address for the last five (5) years: boa k.W la I FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet g-iving name, address and phoLenumber of tapolord City SRii MA'ae CAS keT. GS45 E Semsbtt-LE State Zip Cal 00 CURRENT Rl`1V 85'Abc 3 �i4 of /©o f-L• $.5-z. oo lqo ow*i 1AIIII mdivnuuai5 requiring special accommoaa[ions please call (602) -)42-9027 [f you checked the Manager box on the front of this form skip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating �✓ YES EINO the licensed premises ? If you answered YES, how many hrs/day?_J p , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES ® NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ❑ YES C(N(- ordinance (regardless of the disposition even if dismissed orDLpt[n(!d)? For traffic violations, include only those that were alcohol and/or drug related. —/ 16. Have you EVER been convicted, fined, posted boRlb Rig eAR d&gWbail, imprisoned, had sentence ❑ YES CKNO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For trafffic violations, include only those that were alcohol andlo.r drug related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES 5?(NO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES eNO had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked, suspended or fined in this or any other state? 19. Has anyone EVER filed suit or obtained a judgment against you in a civil action, the subject of which ❑ YES VNO invo eoresentation of a business. professional or liauor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , b en director, or manager on any other liquor license in this or any other state? *6" DYES ❑ NO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details. Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 Manager Section 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES ' If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES g NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to a operation or management. of this business? ❑ YES 9NO If "yes", attach a copy of such agreement 24. I, Mai- 0 yi— , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and. the contents and all statements are true, correct and complete. State of County of JX11r I pD The foregoing instrument .was aclmowl dged before me this fsresrar OFFICIAL SEAL O\�5 day Ofp6 u VICKI SPEESE Day of Month ii Month Year NOTARYPUBLIC-ARIZONA ' `;r o� MARICOPA COUNTY �%% n My commission exp' - +� � ,/ /� ��^v��� S gna�tu��re of NO'MRY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, (Print Licensee/Agent's Name) Last Middle First Hereby authorize the applicant to act as manager for the named liquor license. G! (Signature of LICENSEE/AGENT) State of County of The foregoing instrument was acknowledged before me this day of Day of Month Month Year My commission expires on: Day of Month Month Year (Signature of NOTARY PUBLIC) %"►�� w�cl!Ci,n �� lo�L Cu i�es -- 1aJ�1 C�1 rn ak _i,1 _L _I - � ► ryerg'_-c _tn_+S� Cis 1yr�e ctz Lr �_ �-- �.hc-Q- a�- C� 6oi Q. rn '�— wQ.. t q t'ko n RQ ►m fnr " esi t f. i r� S I' t C g5g5 x �Th�nde_�b�r�. PU S55a o1 q r t� r I�c Adak r'7 r- Zu (.n Lo ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor n Phoenix AZ 85007-2934 (602) 542-5141 QUESTIONNAIRE 400 W Congress #150 Tucson AZ 85701-1352 \v D (520) 628-6595 �\ Attention all Local Governing Bodies: Social Security d hdate Information is Confidential. This information may be given to )cal law enforcement agencies for the purpose of bac=M checks only but must be blocked to be unreadable prior to posting 0 or any public view. Read Cartrful�y , this ins An extensiye tnye$tt IL, o yqur incrunln.prosecution pt di>�t ;IAt. Type gr print with black ink ill a conducted. False or co plete answerscould result or subsequent revocation or a ncense or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT- TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24.00 processing fee for each fineerprint card submitted Liquor License # A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check appropriate boz----, ❑Owner ❑Partner ❑Stockholder ❑Member Zbfficer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) Licensee or A14ent must complete # 25 for a Mana er Licensee or A ent must complete # 25 2. Name: /1a-1/L at? �i9A eL963� Date of Birth: Last First Middle ('Phis Will Not Become a Part of Pub rc Records) 3 . Social Security Number: Drivers License #:rState: �1 ("This Will Not Become a Part of Public Records) 4 . Place of Birth: z9ka /Q�yfj% (�G(a ee 6� Height: ♦q t Weight: �6 Eyes: j6 Hair: City State Country (not county) �Zt 1 5. Marital Status ❑ Single ❑ Married [fI Divorced ❑ Widowed Residence (Home) Phone: (421!'V) mil'! --38�% 6. Name of Current or Most Recent Spouse: A/M Date of Birth: i/i tst all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden You are a bona fide resident of what state? If Arizona date to of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. 617-.3g'l7 If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: <!•%f� 1r//G�GA�� P Premises Phone: (4 O 11. Licensed Premises Address: Street Address (Do not use PO Box #) City County Zip 12. List your employment or type of business during the past five (5) years, if unemoloved Dart of the time_ list those dates Lict mnct rrrpnt l ct FROM Month/�YYelaarr� TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAIVIE OF BUSINESS (Give street address, city, state & zip) 141l fi(/(/ CURRENT e��ie� �} - t-Lz- _ s� mr _ 'f ✓i/1� / % ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) years: I FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet giving name, address and phone number of landlord City State Zip U�/'7* ANT dw/./ 7�'/yI�ct1 l/t1 0,/T3/ GT.s,t? Z "I- U.ul ivrLwi ylsaoied individuals requu mg special accommodations please call (602) 542-9027 If you checked the Manaizer box on the front of this form skin to # 15 14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating ❑ YES. (LINO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES [-N If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for vio 0 o ANY law or ❑ YES R(N ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violalude only those that were alcohol and/or drug related. 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bAlAUell, had A' At e ❑ YES Ud'NOy suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES 5�NO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES 9dN0 had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked, suspended or fined in this or any other state? 19, Has anyone EVER filed suit or obtained a judgment against you in a civil action, the subject of which ❑ YES VNO representation of a business Professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person been an officer member, director, MI or manager on any other liquor license in this or any other state? � ❑ YES ®NO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details. Please be sure to include dates, agencies involved and dispositions. If you cheeked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES C" ,If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. r 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, l�l%/T4!:71I K4 14YZ l� hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of AppLic I have read this questionnaire and the con nts and ill statements are true, correct and complete. -?/State of County of X 1 The forego * tru= nt .was acknowledged bef % Pethis (Si cure of Applicant)' day �// / _, . , -:,J Gam. ...� My commission expires Y PUBLIC - STATE OF MARICOPA COUN' 2002 FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manaper 25.. I, (Print Licensee/Agent's N Last Middle Hereby authorize the applicant to act as manager for the named liquor license. State of X (Signature of LICENSEE/AGENT) First County of The foregoing instrument was acknowledged before me tj day of Day of Month Mouth Year My commission expires on: Day of Month Month Year (Signature of NOTARY PUBLIC) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 0 (602) 542-5141 QUESTIONNAIRE Attention all Local Governing Bodies: Social Security aK�r ',cal law enforcement agencies for the purpose of backgrounc or any Read Cart<ful[ y , this ins An extensive inye,*tigjition of your incrunmalprosecution 400 W Congress #150 \\ Tucson AZ 85701-1352 N�\ (520) 628-6595 \ 1 jdate Information is Confidential. This information may be given to checks only but must be blocked to be unreadable prior to posting )ublic view. uFdoVilnl'_nk Type qr print with black ink e conducted. False or co plete answerscould result or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. l� U -7 5'1 cj13 There is a $24.00 processing fee for each fingerprint card submitted Liquor License # A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) (If the location is currently licensed) 1. Check appropriate box —All- Owner ❑Partner ❑Stockholder ❑Member ❑Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) Licensee or A ent must complete # 25 for a Manager Licensee or Agent must complete # 25 2. Name: 1 ��)� Date of Birth: Last First Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: Drivers License #: -a I l 2a % 8 b State: Z (This Will Not Become a Part of Public Records) /2, V 100-h 1 a tl � -Height: & Hair: 4 . Place of Birth: 1'— � , Hei t: �� Weight: �_ Eyes: 64[al-?cle City State Country (not county) 5. Marital Status ❑ Single Married ❑ Divorced ❑ Widowed Residence (Home) Phone: ( ��) _V 1(-- % O 01 6. Name of Current or Most Recent Spouse: sc (Q 5 Pr Tl Dma S Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden / ,,You are a bona fide resident of what state? L , If Arizona, date of residency: -1 1 8 Telephone number to contact you during business hours for any questions regarding this document. 4L6)�- dV 9. If you have been a resident less than three (3) months, submit a)) copy of driver's licce e qr voter registration card. 10. Name of Licensed Premises: (tom �f I 11P emises Phone: 0 ) g3 - 11. Licensed Premises Address: i' 1n~7 Y a, A (fin 1- APA�Y , Street Address (Do not use PO Box #) City 12. List your employment or type of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent 1st FROM ar TO Month/Year DESCRIBE POSITION OR BUSINESS "47°`g'�"' ENTS. OR NAME OF BUSINESS � " ((G street,N�ss, city, state & zip) �{Month/Ye l� CURRENT / ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q 13. Indicate your residence address for the last five (5) years: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet giving name, address and phone number of landlord City State Zip rj b CURRENT b E & � 5 L � w 1to ^ N_ 55kh C 'S 0292 J ,.L.— UIVI iuiy.wi uisamea mmvtauals requu-mg special accommodations please call (0021) 542-9027 If you checked the Manager box on the front of this form skip to # 15 14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating YES. JZNO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES ❑ NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained cited arrested indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expfttU For traffic violations, include only those that were alcohol and/or drug related. 16. Have you EVER been convicted, flned, posted bond b o e' ?6 dFposit'bail-imprisoned, had sentence suspended, placed on probation or parole for violation ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR LICENSE reiected, denied, revoked, suspended or fined in this or any other state? 19, Has anyone EVER filed suit or obtained a judgment against you in a civil action, the subject of which involve . thauLLaadnisrepresentation of a business professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, or manager on any other liquor license in this or any other state? ❑ YES ❑ YES O ❑ YES IN/NO ❑ YES ❑/NO ❑ YES '�INO ❑ YES NO If any answer to Questions 15 through 20,is "YES" YOU MUST attach a signed statement giving complete details. Please `be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 Manager Section 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $' per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management, of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, IJLn n CL �_Sa Q S�"a, , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and X (Signature My commission expires on: and all statements are true, correct and corn lete. State of County of sG The foregoii�Aistrumentwas acknowledged befk6 me this ON WE BR �9 day of , �lrt�'; HELEN WESTBROOK J/ VOTARY PUSIX - STATE OF AR9= Day of on n YeaY MARICOPA COUNTY My COWL EVIres July 12, 2002 Day of Month Month Year (S OTAR PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25.. I, (Print Licensee/Agent's Last Middle First Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X (Signature of LICENSEE/AGENT) day of Day of Month Month Year fir% My commission expires on: bw w wamI nSLUn .era !-tour Phoenix AZ 85007-2934 (602) 542-5141 r QUESTIONNAIRE 400 W Congress #150 \, Tucson AZ 85701-1352 (520) 628-6595 Attention all Local Governing Bodies: Social Security md�if'�jjthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of bac checks only but must be blocked to be unreadable prior to posting or any public view. Read Carefully , this inst e��pp �►. i�dU ii4i4it. Type gr print with black ink An extensive lnye$ti tion of y( dtb n� W1 I e conducted. False or 1 complete answers. could result in cruninyprosecution and Me enial or subsequent revocation o a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24 00 processing fee for each fingerprint card submitted. Liquor License #— A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check appropriate boz—)O- [:]Owner[]Partner❑Stockholder ❑Nlember Officer ❑Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) Complete All Questions exCepl # 14, 14a & 25) Licensee or A ent must complete # 25 for a Manaaer Licensee or Agent must complete # 25 2. Name: p'/L �n v��� 1ti1� Date of Birth: Last First Middle ('Phis Will Not Become a Part of Public Records) 3 . Social Security Number: Drivers License #: State: ,1�1 (This Will Not Become a Part or Public Records) y� 4. Place of Birth: ji�ly%� 6Cf ee Height: City State CountI-V (not County) 5. Marital Status ❑ Single ❑ Married [V"Divorced ❑ Widowed 6 Name of Current or Most Recent Spouse: A�14 ' qz Weight: �b� Eyes: a Hair: Residence (Home) Phone: (4Gi/) A�7 - �;07 Date of Birth: A14 (List all for last 5 years - Use additional sheet if necessary) Last / First Middle Maiden ,.. You are a bona fide resident of what state? If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. 6�'-3�7 9. If you have been a resident less than ntthree (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: Premises/ Phone: ( e3:7,1 11. Licensed Premises Address: Street Address (Do not use PO Box /f) City County Zip A..-:-- — __-. a.._ icy .. :i....o..,.,in —i .,ten of the r;—P i;cr rhnce rinrec T.ist most recent 1st. _- IL. "LbL yuUi cu w•un.11... ,1r....FROM TO DESCRIBE POSITION E1vIPLOYER'S NAME OR NANIE OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address, city, state & zip) � /►�Ol� Gl.Ull CURRENT 7-� W7 eo3J ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 1J. inutt;atc IFROM montivyearl yvui LCJLucuw TO Month/Year auul..aa Rent or Own .- -, J - — RESIDENCE Street Address If rented, attach additional sheet ziving name, address and hone number of landlord City State Zip 50 URRENT � 7� /yI /its ��Lt1 ,o.0oG � Z Ll\- v— 1V1— jU;)UIUjZ)AO[) j j;)P:D�pp@aj-01S z)lp �q PannbaI svobi 7 jo satdoD X onlnnnNT. T7D-I�r JL ?J Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (W2) 542-5141 (520) 628-6595 ftl LC QUESTIONNAIRE � • Attention all Local Governing Bodies: Social Securityy,,and Birthdate Information is Confidential. This information may be gi n to local law enforcement agencies for the purpipe 1 USAground checks only but must be blocked to be unreadable prior to posting nnnl spR Z or any public view. Read dfa fully , this instrument is a swprp document. T pe gr print with black ink An ectensiye rnv tl tron o pur a oro4nti �y111 be conducted. Fats ort�co plete answers, could result in cruninalprosecution an� t e denial or subsequent revocation o[ a rcense or pernut. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE D � ART ENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. ,�z- 17 90 There is a $24.00 processing ree for each fingerprint card submitted. Liquor License A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) (If the location is currently licensed) 1. Check appropriate box-010- []Owner []Partner []Stockholder ❑Member ❑Officer Agent Manager(Only) ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) Licensee or Anent must complete # 25 for a Manager Licensee or A ent must complete # 25 2. Name: ( S I ssc Kj -:515A A ►-FErt, GA I L Date of Birth. Last First Middle (This Will Not Become a Part or Public Records) 3 . Social Security Number: Drivers License #: bo03C1Q153 State: C11tis Will Not Become a Part of Public Records) 4 . Place of Birth: C Any jjl) LlS Pr Height: ltWeiht: O Eyes: Hair: City State COuntr v (not county) 5, Marital Status ❑ Single ❑ Married 1'�?l Divorced [ Widowed Residence (Home) Phone: (' / So) 657- - a3 6. Name of Current or Most Recent Spouse: Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden (W You are a bona fide resident of what state? AZ • If Arizona, date of residency: S Cep 8 Telephone number to contact you during business hours for any questions regarding this document. (iEb) aEO --asq 8 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: At t6b e, Premises Phone: '617- MCI 11. Licensed Premises Address: ,1yp TVk181Yd�CiuA t7upr. R4s- %R Street Address (Do not use PO Box #) Ciry County Zip 12. List your employment or type of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent 1st. FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSMSS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) CURRENT - rLs0/0I ► ii 00ok L.OQRKE)QS L%v,P Ctoru .�•w � aN 'a ►tom d �b 11�88 1-2-9 (�gtJ@Q k M-+-%i►t6GL me(seeS I4orF �ctr. teFNT�K �r�,J a�aN dJ ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q 13. Indicate your residence address for the last five (5) years: FROM Mooth/Year TO Month/Year Rent or Own I RESIDENCE Street Address If rented, attach additional sheet giving name, address and phone number of lmdlord Ciry MA����S kli. �545 E -iHaN t�J R�• 'ao�� ScurS►bm.E- State I Zip oo CURRENT gEgCIGAla ft 43 a3 qq 01/00 l bit i N- Am> ,anjr&l ( # 1035 T 96seal f-Z- g OA0 A9 Du I to It10f�11t71IG� _ CAA 4a3a� LIL 0101 10,2001 Diqnh1.d,n rvrn na a —n,.,r no —ia —.--n annnc n oaten — H t a.1 uy pa�alawoo aq inw asmoa ,0�„ s( trt U� iertauey�et •asuaog nIoadd Sg3 , ❑ 000id ap>;AoJd 1snW) Zsira�C s Is'al atll UTIP?M asmoD �tmnE�Z n�n-1 �onbT�l panolddE IuattluedaQ e popual7e no! aAUH '>'tl ' cl iv oI dnls ' mi .il -Molacl rt lfi .lamsut; ` _ � Cep�si-q Xtr to AAoq ' S� z Pa1aA�sue no�C 31 sa �nva�d pasua0. au1 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 �\ (602) 542-5141 QUESTIONNAIRE (520) 628-6--- Attentiop all Local Governing Bodies: Social Security *�Jqi�fbclate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view. Read Cart fulLv , this instl�i�rirTal;,�, � doVtirti�rjit. Type gr print with black ink An extensive tnye$titlon of ypur a h ground wil e conducted. False ortpco p ete answers. could result to criminal prosecution and tie denial or subsequent revocation of a lcense or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10`90 OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEFT. FINGERPRLtiTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEFAF � E �F LI UUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. /�L ` J � There is a $24.00 processin-, fee for each f-im erprint card submitted Liquor License # A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check appropriate box—O.- Owner ❑Partner ❑Stockholder ❑Member ❑Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) Licensee or Agent must complete # 25 for a Mana er Licensee or Agent must complete # 25 2. Name: �Date of Birth: Last First Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: Drivers License #: 131 195 % g Sy State: � Z —T (This Will Not Become a Part of Public Records) 4 . Place of Birth: ;rr lnlU►-th Height: _ Weight: q�j Eyes: & Hair: 614? e City State Cotlntl-v (not county) 5. Marital Status ❑ Single [Married ❑ Divorced ❑ Widowed Residence (Home) Phone: ( g�)�- % 0 6. Name of Current or Most Recent Spouse: �Ci� (C� 5 P j� T/7L Vm0 S Date of Birth: (List all for last 5 years - Use additional sheet if necessary) last First Middle Maiden / You are a bona fide resident of what state? L If Arizona, date of residency: ! 9 R ! 8 Telephone number to contact you during business hours for any questions regarding this document. 9. If you have been a resident less than three (3) months, submit a copy of driver's lice e r voter registration card. �,�10. Name of Licensed Premises: Il � ' emises Phone: ��) 93-7 --- 1 91-7 r 11. Licensed Premises Address: ' /n% `f C) Street Address (Do not use PO Box #) Zip 12. List your employment or type of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent 1st FROM Month/Year TO Moath/Year DESCRIBE POSITION OR BUSINESS El4 OR NAME OF BUSINESS � ve (Give sweet addtgss, city, state &zip) ,�prl qs CURRENT V 10GS z:✓� .. `;t t Icy- C'-1 CD ATTACH ADDITIONAL SHEEP IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) vears: 0 FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet Hivino_ name, address and phone number of landlord City State Zio 5 b CURRENT bwn . bri z ssb" cwnl 1 - r1- S17Ph J . _� V LU, iv;.wi —auieu w—louau requiring special accommoaauons please tail (Wz) z42-9w-i Beach Bum Bar & Grill 4857 �i 4/29/2002 New Gibson Jennifer Manager 480-837-1817 30-0070951 Donna Schuster 480-948-3600 or 419-7709 Gordon Taylor 480-609-3877 16740 E. Palisades Boulevard Fountain Hills AZ 85268 16740 E. Palisades Boulevard Fountain Hills AZ 85268 Fountain Hills IR c. c. 0 TOWN of FOUNTAIN HILLS Community Development Department that is AP" MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Roy Pederson, Acting Town Manager FROM: Dana Burkhardt, Senior Planner SUBJECT: Case # S2002-11; Preliminary & Final Plat for "Saguaro Villas Condominiums" DATE: May 31, 2002 This is a request by Wanda Burzawa, which would condominiumize 16 units located at 11842 N. Saguaro Blvd., aka Lot 3A, Block 3, Final Plat 201. Staff has combined the reports for the Preliminary and Final Plats, there are no off -site improvements or Improvement Plans needed for this condominium plat. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. If you have any questions, I can be reached at (480)816-5138. 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION AND STAFF REPORT June 6`s, 2002 CASE NO: S2002-11 PROJECT MANAGER: Dana Burkhardt, Senior Planner LOCATION: 11842 N. Saguaro Blvd., aka Lot 3A, Block 3, Final Plat 201. REQUEST: Consider the Preliminary & Final Plat for "Saguaro Villas Condominiums", a 16-unit condominium project. DESCRIPTION: OWNERS: APPLICANT: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Wanda Burzawa Wanda Burzawa R-3 Phase I of H completed 61,453 square feet (1.41 acres) SURROUNDING LAND USES AND ZONING: NORTH: Existing, Multi -family residential, R-3 SOUTH: Existing, Multi -family residential, R-3 EAST: Saguaro Boulevard, existing C-3 Commercial WEST: Vacant, Multi -family residential, R-2 SUMMARY: This request is for approval of the Preliminary and Final Plat "Saguaro Villas Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of the request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The owner, Wanda Burzawa, has chosen to convert a phased sixteen -unit complex, and record a Declaration of Condominium to own individual units that could be sold independently. This is a two- phase construction project. Currently, eight of the proposed sixteen units are constructed. The building permit application was submitted in January, 2000, prior to July, 6, 2000, the effective date of Ordinance #00-14, that requires that a Concept Plan be approved for multi -family residential projects of five or more dwelling units. The units will have a maximum livable area of 1,248 square feet. All parking requirements have been met with the 36 parking spaces provided. RECOMMENDATION: The Planning & Zoning Commission and Staff recommend approval of S2002-11; Preliminary and Final Plat "Saguaro Villas Condominiums". • OJ�TAlh 6! N � I � 4Es ri 37dT'�st.3� Date Filed / Plat Name/Number TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT =PRELIMINARY PLAT_=APPLICATION - - - Fee Paid 16C)o `= :c Parcel Size - 3 Number of Tracts General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) �. 3 Applicant \J\j a.td =� 9 c."r- z�z U Address 3ZS--7 C�S�Pe wner Address Attachments (Please list) Accepted By �V,2 Number of Lots Zoning Day Phone C W�� Cit ST Zip Day Phone City Signature of wner I HERBY AUTHORIZE (Please Print) TO FILE THIS APPLICATION. Subscribed and sworn before me this Notary Public Fee Schedule Attached day of My Commission Expires ST Date iaew) TFH Case Number Zip 19 . 7 -. OP � / i Ft 0 MM Ee9Ir "ae= r.rc.a A XI; :11 r.Ilit jai �� F °• € a€a �E�B a ? Jly `4 E$b a o 0- � `�� c • g4 Q 8� 4 p� f4P ^4`�� E: 6Ax e 3 Car EA = Cf_rt 4 i'`a4,.At 3 t i /V\UIN I L7U/V\tl<i 0 $ SAGUARO VILLAS CONDOMINIUM — TTj t -C' is o- f ENOWEERREO A MANAGEMENT, LL.C. _- _ --_---- mare c• f>Fu , 70}< "t - nARv.',ra r S 'E ?O< - �' I!✓ -u jF. tT FOLC:'AIN HI-LS. AR!?71JF V e52EF ..� _ "r ,q .� 1 �,r.c roan (ler) ej7-184-_ to. f.80) 837-8584 PLAT I e-•"oi. tln+On•p^n•.••�7 flpw�ct .•n, � 0 1 . . . . . • D ( _ - - I r n I r n � I \ rr I ¢�.'�1DD i rn N 3 0 7 C 0 C zl0 rn ll,TU• CID JA Z NNNN Dj A A A A m pD Jymm D In V)1/t Vl TTTT� f l' z 4 (1 $ SAGUARO VILLAS CONDOMINIUM- L ti. ovivo: O it-- -- -- - �,O,VENSIONS AKS SECTIONS MONTGDMERY y ENGINEERING i MANAGEMENT, LLC. ^.UtJTA'f. N1LLS. AC170 A E526$` WT) e37-131e ro, f0f') 83'-B56P TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Roy Pederson, Acting Town Manager FROM: Joan Blankenship, Planning Technician DATE: May 24, 2002 SUBJECT: Consideration of the Preliminary and Final Plat for "Nielsen -Wolfe Office Condominiums", a two -unit office condominium project. On May 23, 2002, the Planning and Zoning Commission voted unanimously to recommend approval of the preliminary plat for "Nielsen -Wolfe Office Condominiums", there are no off -site improvements or Improvement Plans needed for this plat. The plat is a request by Nielsen & Wolfe, L.L.C., which would condominiumize two units located at 16851 Parkview Avenue, aka Lot 33, Block 6, Final Plat 208. - Please refer to the attached Planning and Zoning Commission Report for additional details regarding this request. C TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT May 24, 2002 CASE NO: S2002-14 PROJECT MANAGER: Joan Blankenship LOCATION: 16851 Parkview Avenue, aka Lot 33, Block 6, Final Plat 208. REQUEST: Consider the Preliminary and Final Plat for "Nielsen -Wolfe Office Condominiums", a two -unit office condominium project. DESCRIPTION: OWNERS: Nielson & Wolfe, L.L.C. APPLICANT: Nielson & Wolfe, L.L.C. EXISTING ZONING: C-2, Planned Shopping Plaza Overlay EXISTING CONDITION: Two -unit office building currently under construction LOT SIZE: 7,800 square feet (0.1790 acres) SURROUNDING LAND USES AND ZONING: NORTH: Existing Commercial, zoned C-2, Parkview Avenue SOUTH: Existing Commercial, zoned C-2, parking lot EAST: Existing Commercial, zoned C-2 WEST: Vacant Commercial, zoned C-2 SUMMARY: This request is for approval of the Preliminary and Final Plat "Nielson -Wolfe Office Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of the request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The owner, Nielson & Wolfe, L.L.C. has chosen to convert a two-story, two -unit building currently under construction and record a Declaration of Condominium to own individual units that could be sold independently. A building permit was initially issued for the structure on October 18, 2001. The units will have a maximum office area of 5,043 square feet, and a minimum office area of 5,043 square feet. All parking and trash container requirements have been met with the common element provided in Block 6, in Plat 208. RECOMMENDATION: On May 23, 2002, the Planning & Zoning Commission unanimously voted to recommend approval of the preliminary and final plat for Nielson -Wolfe Office Condominiums. Staff recommends approval of S2002-14; Preliminary and Final Plat "Nielson -Wolfe Office Condominiums". L r4 1 Li •°;k)�� TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date File Fee Paid t l 1.21 1 Accepted By �T Condotnl lum NernC Condominium Address �_—• 1. Legal Description of Lot/Parcel Being Platted Plat ' ,�y Block Lots .- .� Parcel Slza Number of Units Number of Tracts Loving General Plan Lard Use Designation �1 i Density Requested (Dwelling Units Per Acre) Applicant Day Phone '-17-- 7� Address ' City ST Zip Owner ay Phone Address City ST Zip Attachments (Please list) �. Signature of Own r I HERBY AUTHORIZE (Please Print) Date TO FILE THIS APPLICATION. Subscribe and sworn before me this _ --_ day of _ -'� L ,•}9 %!L My Commission Expires Notary Public KATHLEEN A. ELSON Notary Public - Arizona Maricopa County Expires 05 31/0Seal TFH Case Number Fee Schedule Attached t Ot T C-1 ' Ctt fit, c;�� I H Fd I H-M�II �-1 -1C1 NNOI ',t, :1 000'—' T—.I:HIJ OR Lra 4n lau'liari 1.�na-0 lU01LP :pow-i 9999-[[9 (09r) +Ol Sr9l-c- (09r) 99ZS9 VNOZIbV 'S331H NIV..., - *OZ 311n5 3AV M31A)bVd 3 91L91 k' `� '0-in •.LN3V13DVNVN t ONIU33MON3 ; 1 61\/� /O9�❑ W wry n^u [r.E �iG\/a..O\]/ lY ld AkViJ�rYl'.3ild -3AV M3U\XdVd LS1.91 O N " G g 0310N SV i'£ iM 9 A3018 '20Z laid • H'r'1°iO°' rwo ZOOZ-SI-fi'0 H?JV "°Y1 WOMOONOO 331"0 3d10M'Ni41 - � �W31nClr,l na]rm. Q Mag y� i.90c •r: g isb�y�,q� a yyE y8�7 ge¢ dY; g�y [w8b 9 It' r�tl va F 8 p WIG 9i¢s � g v p] 1 byp p�8� *a) ee�y� P' yi }7pp b2 �@ :6i34 i k b'1�ic�gaa F 6 2��i d 6 4 .� c•r�� YE V r Z o $ 'd O O Z rp a� � •N U O.. 10 w �x j 8. Ll. O = < z so, 0 O rr..) /o 4 h Q ~ •Or._. C O ai a W 0fr0— �� w O 4« t,O Me O a ' N 7 Q 0 0_ ^ z ° v i x aj H F al R O z W ow F 10� rn9tµs "� m w 4 \ � N `\ \\\ \` V , \\ \\\ \ Z� 107 N V ZFi 2 i 3 UP O ioi.5sk_ �: � [xFla�s@•@; i U 3tE99jas C)eY�ae�33€ M. d 1 z I Q z 1 Si„ CD f� h- lCj O 4i Sl h Q� I( b _ 2a WK � W F 1 i ep nix W � uz N4'�Y <W�z )n W a i U Fro 7R =�W r U) Q, aa,nu RE Pj 65 Y 3 fi w # 6 ' 'bYJ h O 1 bg ys 'u „azi d a „xe 3 0 • � � .a� =oa: ��b- �$�` rs�b���� ���€ �" ;4 r- n z y 4;rgi�� 3g_b b"o $si H�_RIX - W ;d ` 10 U' Cdi Ss���C C( !�•" b $") i i Wr y � gh � o V51 IV'b: : sts '? 0 3 b =ib 89 Va &Nc_Y 3 0u : ��33 tl ag a 3n u nawnsw n.0 tauIcax.crmlf°awo6)uowp :Imw-a 999tl-as (Out) •al Srnl -LCo (0Bt) B9Z98 VNOZId 'SIIIH NIV1NnOl 1+ ooz 3i1ns 3nv M3nHava 3 91LS1 ; 'O'l'l'1N31130rNrIN 7 ONV33N10N3 Jk2E3W/091NOW .a toot .wuueo� SNGi1VA313 9 SNO1103S '8 '3AV M3IAAdVd t` l £F 101 '9 ADO-10 '80<' J v' d p p g 6 0310N Stl'^" _ '— - o.zo ems°• waa.,e o zooz-;I-f"° Oy,�00 391id0 9dlOM-N3S13tl1 --- - - i .nmy�wn a-,nw3iox� .nnm.ww �w ,09 0 0 m U O K Z H U � o _ Q n = CV J Q = 1- Z � V C O 00 ,Ol Y K O 3 L .090 Q 1 Q 4 Mgr jib' TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Roy Pederson, Acting Town Manager FROM: Joan Blankenship, Planning Technician DATE: May 24, 2002 SUBJECT: Consideration of the Preliminary and Final Plat for "De'Ja' View on the Ave. Condominiums", a two -unit office condominium project. On May 23, 2002, the Planning and Zoning Commission voted unanimously to recommend approval of the preliminary plat for "De'Ja View on the Ave. Condominiums". There are no off -site improvements or Improvement Plans needed for this plat. The plat is a request Michael and Nancy Nabers, which would condominiumize two units located at 16704 Avenue of the Fountain, aka Lot 14, Block 3, Final Plat 208. Please refer to the attached Staff report for additional details regarding this request. H U TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COMMISSION REPORT May 24, 2002 CASE NO: S2002-16 PROJECT MANAGER: Joan Blankenship LOCATION: 16704 Avenue of the Fountains, aka Lot 14, Block 3, Final Plat 208. REQUEST: Consider the Preliminary and Final Plat for "De'Ja'View on the Ave. Condominiums", a two -unit office condominium project. DESCRIPTION: OWNERS: Michael and Nancy Nabers as Trustees of the Nabers Family Trust, Dated October 23, 1996 EXISTING ZONING: C-2, Planned Shopping Plaza Overlay EXISTING CONDITION: Two -unit office building LOT SIZE: 6,000 square feet (0.1377 acres) SURROUNDING LAND USES AND ZONING: NORTH: Existing Commercial, zoned C-2, parking lot SOUTH: Avenue of the Fountains, Fountain Hills Civic Center, zoned C-2 EAST: Existing Commercial, zoned C-2 WEST: Vacant Commercial, zoned C-2 1�*" SUMMARY: This request is for approval of the Preliminary and Final Plat for "De'Ja' View on the Ave. Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of the request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The owners, Michael and Nancy Nabers as Trustees of the Nabers Family Trust, Dated October 23, 19961 have chosen to convert an existing two -unit office building, and record a Declaration of Condominium to own individual units that could be sold independently. A building permit was issued for the structure on September 13, 2001. The units will have a maximum office area of 4,165 square feet, and a minimum office area of 3,258 square feet. All parking and trash container requirements have been met with the common element provided in Block 3, in Plat 208. RECOMMENDATION: On May 23, 2002, the Planning and Zoning Commission voted unanimously to recommend approval of the preliminary plat for De'Ja' View on the Ave. Condominiums. Staff recommends approval of S2002-16; Preliminary and Final Plat "De'Ja' View on the Ave. Condominiums". TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT INARY PLAT APPLICATION Date Filed % \ Fee Paid = ^1'? �. Accepted By Plat Name/Number V �G(I �JN �%lG /q ✓C �Of✓ C�/✓i /•1IJG�/`v i S Parcel Size Number of Lots Number of Tracts Zoning a .� General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) <�•�/l� &-we M LL Applicant , ; i r y,j c c L , i�� ��� c`i�S .�li� i�� y/u< y ,c . h �r Day Phone � ,;-r � � G� 7h'� /✓�'�rk's fti�Y: i� �t ?`/� vs-T f��G-ri✓ 1 nr�0�,��' Address �, ;� BSc>� City ST Zip wner j-. wj?cas 4v �L?p,cr t.wc`rZS q; %i2v$7EES ter- TvE Day Phone OM,Y<, F�,���� T�✓�T ��?�� c>fso3r� 3� �� 1 yFD 6 37 - h��% Address /% 1. .3Z� / 7 S�� City /�✓�.7%Jr�; �'�%LG1 ST �Q Z Zip Attachments (Please list) S'' nat re of 0 n I HERBY AUTHORIZE (Please Print) Date lC�r� J C' EK�ICr(S /r-Ylb 7 A�r.'iL S aooy TO FILE THIS APPLICATION. Subscribed and worn bef re me this 0 day of Alak 1 C My Commission Expires 7 Notary Publics OFFICIAL SEAL y GRACE S. HOLT NOTARY PUBLIC-ARIZONA Y' e� MARICOPA COUNTY (Seal) TFH Case Number Fee Schedule Attached .awnsJa n•n tau'tsaMOp IF a .. - nla]wJ'�Ju•L.v �o r!'.'i 8999 i:9 (U9 •- :Bra. li 1N3V131DYNYN 4 ONItl33NNION�3 -; AN � V V / 09IN0 Y ESY NO SNl i 3Hi jC 3f1N3 v rv` N GLON a N % nsN ' "' '3AV 3H1 NO M31A MP63O g 3 cw fir y � w���kr� �d2'�` ;fie y�i< --- a a• � - � - - - �'g13= d a-9Ybi A d�§ C'e ki a " c F'N• r,; i i 4 �d.� `U :_•� . �6 'a ,. H 3 4�tl•I tiii:FM� 1� _�� Y ' �' ,�SSX -; n -- a •gr a 2 o u- (b).xQ7t i} i LL ' g �W o s u s r or.oe i=a ca Zp o' 06 Ma au: /ta a Ln i Cx$ffz�5 ��o NI R���'ynJ cOQ',UC��f` C3 : �g-e" R` als. EsMbo in � ��,vj�7 Z R ° 6 N .34iyo r..i78°'Yb Q •H� ✓ m > :g e �lY b7 ) 92, WWII =3 1s¢YRxx � ��•- >a=� �° ro?s: r�°g'.g b .- s� �y�:h a�ilte¢�¢W ��q �H _�` �K l �a��#�y��++ya as Yr:<, �+�' 'rz 21 p�j r eayg$ d�; a is 'd Z W CV iE �p CO I•- N w Z C,o G Q G C� e eouensw —0 tau �saubp lF.ewo6lw wp q!ow-a i 9999-LCB (OBf) •0/ S/Bl-LLB (O9t) 89ZS9 VNOZ18V 'SIIIH NNINIIOj 407, 31 if15 �nr M31�NifVd3 91i 5. �" '� '1 `LNN3K3/OVNVM I4 OONIIH33NNIOON3 ; SNOUO3S wOINIW00NOJ 'SN13 3Hi 30 3ma,.v '3 ; 'n)y JMJ'A3u allHv td'rZ/r 031CN SV I b !0� �001� ,E �� id�d N "OY N2JC' ' IO ,r0 90 "'O f1 wS>t ""Y° '3Ar 3H1 NO M31A rVP�30 t ,ff bZ .00'tZ 5 � z ,fi'6Z ..` m.i �. ff.6Z of '00 YZ IRI Z O H U W N UII Z O F- U W N 9 J W _1 cr W a a Z Q J a _J W Ld W J W O J TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Roy Pederson, Acting Town Manager FROM: Joan Blankenship, Planning Technician DATE: May 24, 2002 SUBJECT: Consideration of the Preliminary and Final Plat for "Casa Segundo Condominiums", a two -unit condominium project. On May 23, 2002, the Planning and Zoning Commission voted unanimously to recommend approval of the preliminary plat for "Casa Segundo Condominiums". There are no off -site improvements or Improvement Plans needed for this plat. The plat is a request by Anthony DiNaso, which would condominiumize two units located at 16339 E. Sugundo Drive, aka Lot 10, Block 1, Final Plat 206. Please refer to the attached Staff report for additional details regarding this request. TOWN OF FOUNTAIN HILLS PLANNING & ZONING COMMISSION REPORT May 24, 2002 CASE NO: S2002-17 PROJECT MANAGER: Joan Blankenship LOCATION: 16339 E. Sugundo Drive, aka Lot 10, Block 1, Final Plat 206. REQUEST: Consider the Preliminary and Final Plat for "Casa Sugundo Condominiums", a two - unit condominium project. DESCRIPTION: OWNERS: APPLICANT: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Anthony DiNaso Anthony DiNaso R-2 Two -unit complex 10,625 square feet (0.2439 acres) SURROUNDING LAND USES AND ZONING: NORTH: Colony Wash, zoned R1-10 RUPD SOUTH: Vacant multi -family, zoned R-2 EAST: Existing multi -family, zoned R-2 WEST: Existing multi -family, zoned R-2 SUMMARY: This request is for approval of the Preliminary and Final Plat for "Casa Segundo Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of the request and the fact that this project does not involve any off -site public improvements, a "fast track" process is being allowed. The owner, Anthony DiNaso, Trustee of the Charles and Mary DiNaso Revocable Living Trust has chosen to convert an existing two -unit complex, and record a Declaration of Condominium to own individual units that could be sold independently. A Certificate of Occupancy was issued for the structure on August 7, 2001. The units will have a maximum livable area of 2,254 square feet, and a minimum - livable area of 2,254 square feet. Each unit has a covered patio and a two -car garage. RECOMMENDATION: On May 23, 2002, the Planning and Zoning Commission voted unanimously to recommend approval of the preliminary plat for Casa Segundo Condominiums. Staff recommends approval of S2002-17; Preliminary and Final Plat "Casa Segundo Condominiums". PBA 1/02 o�IyTAIN 33 9 ao 00 �r6at is A The Town of Fountain Hills For Official Use Only COMMUNITY DEVELOPMENT DEPARTMENT Case Manager: Fountain Hills, Arizona APPLICATION Area Specific Plan or Changew Preliminary Plat General Plan Amendment Cut/Fill Waiver Plan of Development Special Use Permit Zoning Change SU Comprehensive Sign Plan Variance HPE Change or Abandonment NATURE OF THE REQUEST: PROJECT NAME Mrs. Applicant: AK)1"2Nc( -bi NAse Day Phone Mr. 6e)6 N• Moc�AlTaCinls�p� �plV� z gj��,2 Ms. Address: is City: r��A'� NI`C5State: �— Zip: A NTN�`Ny i3 • -0i NP-501 TQ c1S7e g y r r'NE C'yAR i-es A/VD MARy 1D, /UASo Mrs. Owner: l 11"'126 %2c'ST �� `26 -`/ /2Day Phone `/�o - g36 -a2Y��/ Mr. Foc/n.TA,nI Ms. Address: /a ��� N M od�A'n51 OF Okl u e City: r i i �� State: AZ - Zip: s�� If application is being submitted by someone other than the owner of the property under consideration, the section below must be completed, SIGNATURE OF OWNER'� DATE I HEREBY AUTHORIZE < C ' TO FILE THIS APPLICATION. Please Print RICHARD C. ERICKSON Subscribed and sworn before me this a�� day of FF� i Notary Public - Arizona p e2 �-- My Commission Expires My Commis o s Nota FILING DATE. FEE PAID: ACCEPTED BY: 7 i (See Fee Schedule) ,Application Page 2 of 7 Case Number ---�c(') a- / 11 PBA 1 /02 The Town of Fountain Hills 4 LEGAL DESCRIPTION I=ipz-w ; PJn - a,pC / Plat Name Block Lot PROPERTY ADDRESS / 3 5FGUtiI7 DRly E PARCEL SIZE (Acres) �'' ASSESSOR PARCEL NUMBER NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING: R, PROPOSED ZONING A Application Page 3 of 7 Case Number Saar yavjsaabajAua�cbIuoup 'ID -a — 8998-LEB (OBY) xaj 5f81-LEB (08s) - 89298 VNOZRIV 'S111H NIV1N00. 402 3iins '3nV 113IA"Vd 3 91_91 ,O-m�lN\3n3evNvN'R OOMM33ma"a3 lit ' _= Q �± a31oN sv?�0�E 9C2 �:N i1 --�E waa onnINIMOaNOO OON1103S VSVO z0i12ieo ri •-•• E 7 3,33 �30 U A5i.jl q cr �I a woes. i i i� pg a g8g 8 Nxi; g. 83 FRII )o a6x Q w qbQ§a� fa y��"� 5 $g8�' a @ 8. r % to 2 b Y §; q �b �� m g a 4 a a � b 1M. k gz y -,mg -� d a3 i 9 �Y y3� a b8 qeq 8 ti;b it w gb ;$'fH B:v IR�Saa i a tl. w N O a O O N Lu w Lr) o }au'}Sa.ba[AuaWo5}uoup giou-a 8998-LEB (08t) xne 9*81-LEB (08t) 892S8 VNCZI?Je 'Sll1H NIV1Nncj bog 311f1s '3AV A31hN8Vd 3 91191 'OTl '1N39MVNVN T ONIN33NION3 T ZIB .ff 0 Oi U u ANOOIVB I1, S_ It, �iW,ila.w�uNu -1d'1 a3090 sv Haa °• OI iC-1 ' AXIS 902 iv�d 4 O s zoin Eo ri •-•• SWnINiWOaN00 = !V oaNnJ3S VSVO V s f. r 6+; m Z F- NVEA 2002-04 - I'Abandonment, FireRock Parcel D, Lot 15 (Shooting Star Trail) Garberick.doc O��yTAIN �l Town of FOUNTAIN HILLS I Engineering Department o � �o ... �, t� Memorandum fat is An" TO: Honorable Mayor and Town Council FROM: Jim Leubner. Senior Civil Engineer THROUGH: Randy L. Harrel, Town Engineer DATE: May 14, 2002 RE: Vehicular -Non -Access Easement Abandonment 2002-04 Resolution 2002-22 Ingress/egress, 1-foot VNAE FireRock Parcel D, Lot 15 16100 Shooting Star Trail Larry Garberick This item on the Town Council's agenda is a proposal to abandon a segment of the F Non - Vehicular access easement located along the southerly property line of FireRock Parcel D, Lot 15 (as shown in Exhibit "A"). The applicant desires abandonment of a 25-foot long segment of the F VNAE along Shooting Star Trail to permit the new proposed driveway ingress/egress location. The very steep topography along Star Gaze Trail prohibits the construction of a driveway that would comply with the Town of Fountain Hills driveway policy design parameters. The Town Engineer has reviewed the site relative to the Town's traffic and access interests along Shooting Star Trail and has determined that there is no need for the Town to retain this portion of this "Non -Vehicular Access" Easement. Therefore, the Town has no objections to the abandonment of this 1' Vehicular -Non -Access Easement segment. However, the Town would like to assure that any future request for vehicular access along Star Gaze Trail is prohibited. Staff recommends adoption of Resolution 2002-22 with the following stipulation. • Vehicular access is prohibited along the Star Gaze Trail total lot frontage for Lot 15. jb cc: L. Garberick M/M Koehlinger K. Robbins 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 —FAX: (480) 837-1404 When recorded, return to: Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 RESOLUTION 2002-22 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN ONE (1) FOOT NON -VEHICULAR ACCESS EASEMENT ALONG THE SOUTHERLY LOT LINE OF LOT 15, FIREROCK PARCEL D, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 507 OF MAPS, PAGE 10, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -of -way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment, NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That a portion of the certain one (1) foot Non -Vehicular easement, located along the southerly property lot line of FireRock Parcel D, Lot 15, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 507 of maps, page 10 records of Maricopa County, Arizona; is hereby declared to be abandoned by the Town of Fountain Hills. SECTION 9. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Resolution 2002-22 Page 1 of 2 PASSED AND ADOPTED this 6th day of June 2002, ATTEST: Cassie B. Hansen, Town Clerk Roy Pekie�son, Interim Town Manager FOR THE TOWN OF FOUNTAIN HILLS William E. Farrell, Town Attorney Resolution 2002-22 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT FIREROCK PARCEL D LOT 15 ' PLAT FIREROCK BOOK 507 PAGE 10 off, LOT 14 S�y�• `off �N� \ 2�2 .�j, Io545 o ui \ 9$• �Y R,"lt`I DY L. zJ p � a H{iRhL! Np� \ r \` \� o`r•��� PARCEL D LOT 15 � 0=4'18'05" R=420.00 L=31.55' w c, 0=3'24'40" 1 O R=420.00 p L=25.00' co`�° �\! \ L=0*40'56�" z LOT 4 \ \ �\ \ ` O R 5.00" ABANDON 1' VNAE I 2) •0 Amy 39.34 0=824'00" R=420.00' 0 3 _ L=61.55' N SCALE: 1"=40' ' SHOOTING STAR TRAIL DATE: 5-3-02 N 0 r k Tel (480) 837-5750 Fax (480) 837-5805 E-mail billfarrell a gwest.net Law Offices of William E. Farrell, P.L.L.C. William E. Farrell MEMORANDUM TO: Mayor and Council Acting Town Manager Town Clerk FROM: William E. Farre Town Attorney DATE: June 5, 2002 RE: Agenda Changes to June 6, 2002 Council Agenda Global Settlement Building A. 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 On Tuesday, June 4, 2002 my office received a four page confidential fax from Mr. Ken Countryman proposing a global settlement to the Knapp, Hofffman and Robinson litigation. The letter and its contents were requested to be kept confidential; however, Mr. Countryman also wanted public discussion and action on these items at the Thursday, June 6, 2002 council meeting. I have prepared an answer in response to Mr. Countryman's letter and forwarded the same to him with an indication that I will add as many items to the June 6`h agenda as I can provided he gets me information that can be made public so that the discussion could facilitate a decision if a majority of the Council is so inclined to act. I also informed Mr. Countryman that I have an obligation to be at the Queen Creek Town Council meeting on Wednesday evening to assist in the swearing in of their new members and to handle their regular first Wednesday of the month meeting. I normally leave at 3:00 p.m. in order to meet with the Manager and the Mayor to review the agenda. I will make every effort to facilitate adding items to the agenda if Mr. Countryman provides me with answers to the questions up to or including 3:00 p.m. Z:\WPDATA\FH\FireSettlementMEM.wpd Memorandum Re: Agenda Changes to June 6, 2002 Council Agenda Global Settlement June 5, 2002 Page 2 Should we be unable to make connections or reach agreement on Wednesday I would offer you the opportunity of declaring an emergency on Thursday and adding matters to the agenda which will have been posted on Wednesday. I believe there may be some reluctance on the part of some council members to entertain such an emergency on their first night on the council or even among veteran council members who have been through emergency situations before. I believe a settlement is also worth exploring and would very much like to present the contents of the Countryman letter to not only the Council but also to the general public so that it can be discussed and perhaps acted upon on Thursday evening. Please let me know if you have any questions, comments or concerns and I will attempt to answer them as best I can. to Z:\WPDATA\FH\FireSettlementMEM.wpd Tel (480) 837-5750 Fax (480) 837-5805 E-mail billfarrell(&,gwest.net Law Offices of William E. Farrell, P.L.L.C. William E. Farrell MEMORANDUM TO: Mayor -elect Town Council Town Council -elect Acting Town Manager Town Clerk FROM: William E. Farip 11` 0 Town Attorney �` DATE: June 5, 2002 RE: Knapp v. Town et. al. Building A. 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 You will be requested, most likely, to discuss and perhaps act upon in the Knapp lawsuit. I felt it was especially important for the new council members to get some feel for the issues in Knapp and therefore I have taken the liberty of attaching to this memorandum the Town's second motion to dismiss. Our first motion to dismiss has been answered and is set for oral argument in July. This second motion was filed on June 4, 2002 and contains some excellent arguments in its 14 pages which ultimately requests that the judge dismiss the plaintiff's complaint. I strongly urge you to review this document prior to the Council meeting so that you have some idea of what I feel to be the relative strength of our case in Knapp. Z:\WPDATA\FH\LITIGATE\ACTIVE\Knapp v. Town\CouncilUpdateMEM.wpd Lewis and Roca 6/4/02 5:01 PAGE 2/24 www.lrlaw.com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a LEWIS AND ROCA LIP 1,AWYERS 40 North Central Avenue Phoenix Arizona 85004-4429 Facsintik (602) 262.5747 Telephone (602) 262-5311 Richard S. Cohen State Bar No. 004746 Jane E Reddin State Bar No. 012326 Susan E. Anderson Stale Bar No. 020343 Attarneys for Defendants Town of Fountain Hills, Mayor of Fountain Hills. Vice Mayor of Fountain Hills. Acting Town Manager and Town Attorney of Fountain Hills, and individual Council Members of Town of Fountain Hills SUPERIOR COURT OF ARIZONA COUNTY OF MARICOPA THOMAS C. KNAPP, an individual; M. ELLEN WANAT, an individual; HOWARD P. ROSENBERG, an individual; STEPHAN AXELSEN, an individual; ROBERT W. AIKEN, an individual; STEVE QUINTERO, an individual; ROBERT RUSSO, an individual; RONALD CARTER, an individual; TIMOTHY LaPORTE, an individual; COY COLLINS, an individual; JAMES ROSARIO, an individual; ANTHONY LaFALCE, an individual; GLENN BROWN, an individual; MARK WOHLFORTH, an individual; JAMES HOFFMAN, an individual; JANET BENNETT, an individual; RONALD N. BECK, an individual; DAVID SHAFER, an individual; TIMOTHY M. SHAW, an individual; JAMES A. SHADE, an individual; JAMES ALLEN BAILEY II, an individual; JOHN DANIEL WISNER, an individual; REID ROGERS, an individual; DAVID MATSON, an individual; CHRISTOPHER JOHNSON, an individual; JAMES D. REPP, an individual; DANIEL J. WILSON, an individual; WILLIE J. MYERS, an individual; SEAN RODGERSON, an individual; WILLIAM STOCKLEY, an individual; DAVID CROSBY, an individual; JOE RUIZ, an individual; MARY STICKLEMAN, an individual; VALERIE WAGNER, an individual; BRIAN DALESSANDRO, an individual, Plaintiffs, No. CV2002-001695 TOWN DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION FOR LEAVE TO AMEND COMPLAINT (Assigned to the Honorable Colleen A. McNally) (Oral Argument Requested) ►290760.2 Lewis and Roca 6/4/02 5:01 PAGE 3/24 www.lrlaw.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7 AND ROCA I.LP I.A WYI;RS VS. TOWN OF FOUNTAIN HILLS, a municipal corporation; SHARON MORGAN, Mayor; JOHN WYMAN, Councilman; LEESA FRAVERD, Councilwoman; SHARON HUTCHESON, Councilwoman; JOHN KAVANAGH, Vice Mayor; JOHN McNEILL, Councilman; SUSAN RALPHE, Councilwoman; WILLIAM FARRELL, Acting Town Manager and Town Attorney; DAVID HANSEN, Fire District Board Chairman; JOHN WINTER, Fire District Board Commissioner, ROBERT TRAVIS, Fire District Board Commissioner; DENNIS DOWLING, Fire District Board Commissioner; TAMMY ROTHERMEL, Fire District Board Clerk; RURAL METRO CORPORATION, an Arizona corporation, Defendants Defendants Town of Fountain Hills, John Wyman, Leesa Fraverd, Sharon Hutcheson, John McNeill, Susan Ralphe, Sharon Morgan, John Kavanagh, and William Farrell (collectively "Town Defendants") hereby respond to Plaintiffs' Motion for Leave to Amend Complaint and request that this Court deny the motion. The proposed Second Amended Complaint fails to cure the defects pointed out by Town Defendants in their Motion to Dismiss. Nor does it save Plaintiffs' claims against Town Defendants from dismissal for the reasons set forth in Town Defendants' Second Motion to Dismiss, filed concurrently with this response. Just like the Amended Complaint, the proposed Second Amended Complaint fails to state a claim for which relief can be granted against Town Defendants. As such, Plaintiffs' Motion for Leave to Amend Complaint should be denied. See In re Estate of Torstenson, 125 Ariz. 373, 376-77, 609 P.2d 1073, 1076-77 (Ct. App. 1980) (holding that 2 1290760.2 Lewis Roca 6/4/02 5:01 PAGE 4/24 www.lrlaw.com and Roca LEWIS AND RoCA UP 1, A W Y E R S 1 denial of leave to amend is appropriate when proffered amendment is futile or legally 2 insufficient on its face). 3 I. Plaintiffs' purported amendments fail as a matter of law to cure the defects in 4 their claims against the individual Town Defendants, as pointed out in Town 5 Defendants' Motion to Dismiss. 6 Plaintiffs' purported amendments with respect to the individual Town Defendants 7 consist solely of the following: (1) the addition of a second claim for relief for breach of 8 contract directed solely to "Defendant Council Members"; and (2) the addition of 9 paragraph 76, which states that, "if the Defendant Council Members acted outside the 10 scope of their authority when they acted to dissolve the District, then the Defendant 11 Council Members have materially breached the Agreement by failing to pay the sums due 12 to each Plaintiff under the Agreements." With their proffered changes, Plaintiffs attempt 13 to overcome the rule that "municipal officers are not personally liable on contracts within 14 the scope of their authority and line of duty." 4 McQuillen, Municipal Corporations § 15 12.214 at 290 (3d ed.). This attempt is flawed in several respects. 16 First, the allegation in paragraph 76 does not even on its surface contain the 17 elements of a breach of contract claim. It just makes no sense. In straining to find some 18 basis for asserting claims against the individual Council Members, Plaintiffs merely point 19 to the legislative action which allegedly created Plaintiffs' contractual rights, not breached 20 them. Plaintiffs refer to the Town's adoption of Ordinance 01-18, in which the Town 21 opted to provide fire protection services to the Town, and thereby allegedly assumed the 22 liabilities of the Fire District by operation of law. Id. at Ifi 67-70. Setting aside the 23 substantive reasons why the adoption of the ordinance could not create an individual 24 obligation on the part of the Council Members, discussed below, the singular act of 25 adopting the ordinance cannot possibly constitute both the creation and the breach of a 26 contract with Plaintiffs by the individual Town Defendants. The proposed Second 3 L 1290760.2 Lewis and Roca 6/4/02 5:01 PAGE 5/24 www.lrlaw.com � W-B AND ROCA LLP 1. A W Y E R S I Amended Complaint still fails to point to any action taken by any of the individual Town 2 Defendants which even arguably could provide the basis for individual liability. 3 Second, Plaintiffs misapprehend the scope -of -authority rule and fail to allege the 4 most basic threshold element of a contract claim against individual municipal officials- 5 actual participation in the creation of the contract. Those cases that even contemplate the 6 possibility of personal liability on a contract on the part of a public official require, as a 7 threshold matter, that the public official have actually participated in the creation of the 8 contract. See e.g., Parks v. Rose, 52 U.S. (1 I How.) 362, 374 (1850) ("it is an established 9 rule of law that, an agent who contracts in the name of his principal is not liable to a suit 10 on such a contract; much less a public officer, acting for his government") (emphasis I 1 added); Sims Printing Co. v. Kerby, 56 Ariz. 130, 134-36, 106 P.2d 197, 199-200 (1940) 12 ("`When public agents, in good faith, contract with parties having full knowledge of the 13 extent of their authority, or who have equal means of knowledge with themselves, they do 14 not become individually liable, unless the intent to incur a personal responsibility is clearly 15 expressed, although it should be found that through ignorance of the law they may have 16 exceeded their authority."') (citation omitted) (emphasis added). 17 Here, Plaintiffs do not allege that the individual Town Defendants entered into 18 contracts with Plaintiffs, nor can they. Indeed, Plaintiffs concede that it was the Fountain 19 Hills Fire District ("Fire District") and the Fire District Board Commissioners who entered 20 into contracts with Plaintiffs. See proposed Second Amended Complaint at $ 65. The 21 only allegation against the individual Town Defendants, beyond the fact that they are 22 public officials, is that they "acted to dissolve the District" —presumably by adopting 23 Ordinance 01-18. Id. at J 76. Nowhere do the Arizona Revised Statutes governing fire 24 districts provide that individual town officials assume the liabilities of a fire district by 25 operation of law when they opt to provide fire protection services to their town. See 26 A.R.S. § 48-812. Again, there is simply no basis whatsoever for Plaintiffs' attempt to 4 1290760.2 Lewis and Roca 6/4/02 5:01 PAGE 6/24 www.lrlaw.com IE 5 AND ROCA M) I. A W Y E. R i I impose liability on any of the individually named Town Defendants. Because the 2 individual Town Defendants did not negotiate the Plaintiffs' employment agreements, the 3 question whether they acted within the "scope of their authority" is irrelevant. 4 Third, even were the scope -of -authority question apposite, Plaintiffs fail to allege 5 any factual basis to support their bald legal conclusion that the individual Town 6 Defendants acted "outside the scope of their authority when they acted to dissolve the 7 District." The only act that Plaintiffs refer to with respect to the individual Town 8 Defendants is the Council's adoption of Ordinance 01-18. There are few if any actions of 9 an individual town council member that could more appropriately be described as within 10 his or her scope of authority than the action of voting to adopt an ordinance. Moreover, it 11 is indisputable that towns in Arizona have the authority to choose to provide fire 12 protection services to their residents, just as the Town did here when it adopted Ordinance 13 01-18. See A.R.S. § 48-812. IL 14 II. Plaintiffs' purported amendments are also futile, because, as a matter of 15 Arizona public policy and relevant case law, the Town Defendants could not be 16 held responsible for the severance packages offered to the Plaintiffs by the Fire 17 District. 18 Plaintiffs' Motion for Leave to Amend Complaint should be denied, because 19 Plaintiffs can state no set of facts that would create liability on the part of Town 20 Defendants for the severance provisions in Plaintiffs' alleged employment agreements. As 21 Town Defendants point out in their Second Motion to Dismiss, filed concurrently with this 22 response, those severance provisions are void as against public policy and thus 23 unenforceable as a matter of law. Town Defendants will not repeat those arguments in 24 detail here, but will merely summarize them, and refer this Court to their Second Motion 25 to Dismiss. 26 5 1290760.2 Lewis and Roca 6/4/02 5:01 PAGE 7/24 www.lrlaw.com IEWIS AND RocA LLP I.A K'Y 1� RS 1 The alleged severance pay provisions, first, violate the public policy created by the 2 Legislature in the Arizona Revised Statutes governing fire districts, which specifically 3 authorize cities and towns to disband fire districts under certain circumstances, including 4 by choosing to provide fire protection services on their own. See A.R.S. §§ 48-812, -815. 5 The severance provisions chill the exercise of those statutory rights, and purport to grant a 6 level of job security to Plaintiffs that the Legislature clearly intended that they not have. 7 Second, the alleged severance provisions violate the longstanding rule in Arizona that the 8 governing board of a political entity may not bind its successors to personal services 9 contracts. See Tryon v. Avra Valley Fire District, 659 F. Supp. 283 (D. Ariz. 1986); Pima 10 County v. Grossetta, 54 Ariz. 530, 97 P.2d 538 (1939); Town of Tempe v. Corbell, 17 11 Ariz. 1, 147 P. 745 (1915). Not only does this rule operate to void employment contracts 12 that extend beyond the term of the governing board that executed them, it operates to void 13 severance pay provisions that one board attempts to make binding on a successor board, as 14 the Fire District purported to do here. Serna v. Pima County, 185 Ariz. 380, 916 P.2d 15 1096 (App. 1995). 16 Third, the structure of the alleged agreements, such that severance pay becomes 17 payable only after the Fire District's own dissolution, contravenes the Gift and Debt 18 Limitation Clauses of the Arizona Constitution. Ariz. Const. art. 9, §§ 7 & 8. The alleged 19 agreements improperly attempt to circumvent the Gift and Debt Limitation Clauses, which 20 would otherwise limit the Town's ability to obligate itself to a four million dollar 21 ($4,000,000) expenditure for nothing in return. That concerns about violating these 22 clauses might cause the Town to refrain from choosing to provide fire protection services 23 for the Town is further evidence that the severance provisions improperly chill the Town's 24 exercise of its rights under A.R.S. §§ 48-812 & 48-815, thus violating the public policy 25 underlying those statutes as well. 26 6 1290760.2 Lewis and Roca 6/4/02 5:01 PAGE 8/24 www.lrlaw.com I.EUIS AND ROCA LLP LA u'YERS 1 III. Conclusion 2 In sum, Plaintiffs' proffered Second Amended Complaint fails to allege the 3 required elements of a contractual claim against individual municipal officials, and thus 4 fails to state a claim against the individually named Town Defendants. Furthermore, the 5 alleged severance agreements are void as against public policy with respect to all Town 6 Defendants, and are thus unenforceable against all Town Defendants. Because none of the 7 proffered changes in Plaintiffs' Second Amended Complaint, nor any other changes not 8 yet proffered, could state a claim against Town Defendants for which relief could be 9 granted, Plaintiffs' Motion for Leave to Amend Complaint should be denied. 10 RESPECTFULLY SUBMITTED this 4th day of June, 2002. 11 LEWIS AND ROCA LLP 12 13 By ert Richard S. Cohen ® 14 Jane E. Reddin Susan E. Anderson 15 Attorneys for Town Defendants 16 17 18 19 20 21 22 23 24 25 26 7 1290760.2 Lewi; 1 2 3 4 5 6 7 8 9j 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A i and 6/4/02 5:01 PAGE 9/24 L AS AND RocA LLP L A Y L R S COPY of the foregoing hand -delivered this 4th day of June, 2002, to: Honorable Colleen McNally Maricopa County Superior Court 201 W. Jefferson St. Phoenix, AZ 85004 Kenneth S. Countryman KENNETH S. COUNTRYMAN, P.C. 1700 N. 7th St., Ste. 3 Phoenix, AZ 85006 Attorneys for Plaintiffs Jeffrey R. Simmons DECONCINI, McDONALD, YETWIN & LACY, P.C. 2025 N. 3rd St., Ste 230 Phoenix, AZ 85004 Attorneys for Plaintiffs Michael Herzog HERZOG AND O'CONNOR, P.C. 7333 East Doubletree Ranch Road, Suite 280 Scottsdale, AZ 85258 Attorneys for Defendant Fire District Board Commissioners www.lrlaw.com 1290760.2 I Lewis and Roca 6/4/02 5:01 PAGE 10/24 www.lrlaw.com AND Roca ur LAWYF-RS 1 40 North Central Avenue Phoenix, Arizona 95004-4429 Facsimile (602) 262-5747 2 Telephone (602) 262-3311 4 5 6 7 8 91 10 11 12I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Richard S. Cohen State Bar No 004746 Jam F Reddin State Bar No. 012326 Susan E. Anderson State Bar No. 020343 Attorneys for Defendants Town of Fountain Hills, Mayor of Fountain Hills, Vice Mayor of Fountain Hills, Acting Town Manager and Town Attorney of Fountain Hills, and individual Council Members of Town of Fountain Hills SUPERIOR COURT OF ARIZONA COUNTY OF MARICOPA THOMAS C. KNAPP, an individual; M. ELLEN WANAT, an individual; HOWARD P. ROSENBERG, an individual; STEPHAN AXELSEN, an individual; ROBERT W. AIKEN, an individual; STEVE QUINTERO, an individual; ROBERT RUSSO, an individual; RONALD CARTER, an individual; TIMOTHY LaPORTE, an individual; COY COLLINS, an individual; JAMES ROSARIO, an individual; ANTHONY LaFALCE, an individual; GLENN BROWN, an individual; MARK WOHLFORTH, an individual; JAMES HOFFMAN, an individual; JANET BENNEIT, an individual; RONALD N. BECK, an individual; DAVID SHAFER, an individual; TIMOTHY M. SHAW, an individual; JAMES A. SHADE, an individual; JAMES ALLEN BAILEY II, an individual; JOHN DANIEL WISNER, an individual; REID ROGERS, an individual; DAVID MATSON, an individual; CHRISTOPHER JOHNSON, an individual; JAMES D. REPP, an individual; DANIEL J. WILSON, an individual; WILLIE J. MYERS, an individual; SEAN RODGERSON, an individual; WILLIAM STOCKLEY, an individual; DAVID CROSBY, an individual; JOE RUIZ, an individual; MARY STICKLEMAN, an individual; VALERIE WAGNER, an individual; BRIAN DALESSANDRO, an individual, Plaintiffs, No. CV2002-001695 TOWN DEFENDANTS' SECOND MOTION TO DISMISS (Assigned to the Honorable Colleen A. McNally) (Oral Argument Requested) 1296183.4 Lewi: 1 2 3 4 5 6 7 8 9I', 10 11 12 13 14i, 15 16 17 18! 19 20 21 22 23 24 25 26 M and Roca 6/4/02 5:01 PAGE 11/24 www.lrlaw.com LEWIS AND RocA 11,P L A W Y F. R S vs. TOWN OF FOUNTAIN HILLS, a municipal' corporation; SHARON MORGAN, Mayor; ; JOHN WYMAN, Councilman; LEESA FRAVERD, Councilwoman; SHARON HUTCHESON, Councilwoman; JOHN KAVANAGH, Vice Mayor; JOHN McNEILL, Councilman; SUSAN RALPHE, ' Councilwoman; WILLIAM FARRELL, Acting Town Manager and Town Attorney; DAVID HANSEN, Fire District Board Chairman; JOHN WINTER, Fire District Board Commissioner, ROBERT TRAVIS, Fire District Board Commissioner; DENNIS ` DOWLING, Fire District Board Commissioner; TAMMY ROTHERMEL, Fire District Board Clerk; RURAL METRO CORPORATION, an Arizona corporation, Defendants. Pursuant to Arizona Rule of Civil Procedure 12(b)(6), Defendants Town of Fountain Hills, John Wyman, Leesa Fraverd, Sharon Hutcheson, John McNeill, Susan Ralphe, Sharon Morgan, John Kavanagh, and William Farrell (collectively "Town Defendants") move for dismissal of all claims against them for failure to state a claim for relief. This is Town Defendants' second motion to dismiss. As Plaintiffs made clear in their Response to Town Defendants' first motion to dismiss, their claims against Town Defendants are based solely on the existence of alleged employment agreements between the Plaintiffs and the Fountain Hills Volunteer Fire District ("Fire District"). As the Amended Complaint alleges, the Fountain Hills Town Council voted on October 31, 2001 to provide fire protection services to the Town. See Amended Complaint at in 67-68. The Town had a statutory right to do so under A.R.S. § 48-812. Just a few days before the Council's vote, Plaintiffs and the Fire District allegedly entered into addenda to the employment agreements, which effectively put a four million dollar 2 1286183.E Lewis and Roca 6/4/02 5:01 PAGE 12/24 www.lrlaw.com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 A AND KOCA UY 1. A %X Y F R S ($4,000,000) price tag on the Town's right to choose to provide fire services itself. Specifically, the Fire District Board, through the alleged addenda, provided that Plaintiffs would receive three to five years of salary as severance, depending on the Plaintiff's position, payable in case of dissolution of the Fire District. Plaintiffs' claims against the Town Defendants are based on these severance pay provisions in the addenda.' Plaintiffs' claims fail as a matter of law, however, for several separate and distinct reasons. First, the alleged employment agreements —specifically, their severance pay provisions —violate the public policy created by the Legislature in the Arizona Revised Statutes governing fire districts, which specifically authorize cities and towns to disband fire districts under certain circumstances, including by choosing to provide fire protection services on their own. Second, the alleged employment contracts violate the longstanding rule in Arizona that the governing board of a political entity may not bind its successors to personal services contracts. Third, the structure of the alleged agreements, such that severance pay becomes payable only after the Fire District's own dissolution, contravenes Article 9, Sections 7 and 8, of Arizona's Constitution —the gift and debt limitation clauses. For each of these reasons, described in detail below, the alleged employment agreements are void as against public policy and thus unenforceable as a matter of law. 'Representative examples of the alleged employment agreements are attached hereto as exhibits. See Exhibits A — F. These agreements each include an identical addendum regarding severance pay, with an identical "Schedule A" attached, which are similarly a part of the alleged employment agreements of all of the Plaintiffs. Submission of the employment agreements, which are referred to in the Amended Complaint, does not convert this Rule 12(b)(6) motion into a motion for summary judgment. See. e.g., Branch v. Tunnell, 14 F.3d 449, 453 (9th Cir. 1994) ("[D]ocuments whose contents are alleged in a complaint and whose authenticity no party questions, but which are not physically attached to the pleading, may be considered in ruling on a Rule 12(b)(6) motion to dismiss. Such consideration does not `convert the motion to dismiss into a motion for summary udgment."') (citation omitted). While Town Defendants do not concede the validity c the employment agreements attached to this motion, they do not question the authenticity of the documents. 3 1286183.4 Lewis and Roca 6/4/02 5:01 PAGE 13/24 www.lrlaw.com LEMS AND ROCA UY 1. A W Y F R S for dismissal already set forth in Town 1 Consequently, in addition to the reasons 2 Defendants' first motion to dismiss, the claims against Town Defendants are incurably 3 defective and should be dismissed. 4 I. Plaintiffs' claims are barred because the alleged employment agreements 5 violate the public policy found in the statutes governing volunteer fire districts. 6 The Arizona Legislature has explicitly granted to cities and towns the statutory 7 authority to disband volunteer fire districts under certain circumstances. See A.R.S. §§ 8 48-812, 48-815. Here, the severance provisions added to Plaintiffs' alleged employment 9 agreements by the Fire District Board purport to put a four million dollar ($4,000,000) 10 price tag on the Town's and its citizens' exercise of these statutory rights. Not only do the 11 severance provisions chill the exercise of the statutory rights granted by the Legislature to 12 the Town and its citizens, they purport to grant a level of job security to Plaintiffs that the 13 Legislature clearly intended that they not have. Contracts so blatantly contrary to the (W 14 public policy created by the Legislature are void as a matter of law, and unenforceable. 15 Under the Arizona Revised Statutes, cities and towns have the power to disband fire 16 districts under two distinct circumstances. First, under § 48-812, "[w]hen any area having 17 a fire district established under this article is entirely annexed to a city or town or entirely 18 included within a newly organized city or town, the fire district of the area annexed and all 19 its assets and liabilities of whatever description shall be merged and become a part of the 20 fire department of the annexing city or town upon the date the city or town elects to 21 provide fire protection services to such area." § 48-812(A). Second, under § 48-815, the 22 qualified electors of a fire district may petition the governing body of the fire district for 23 an election—i.e., public vote —that asks for dissolution of the district. § 48-815(A). If an 24 election is called and it results in the dissolution of the district, and "all of the fire district 25 has been included within the corporate limits of a city or town, then, upon disbanding as 26 4 L 1266183.4 Lewis and Roca 6/4/02 5:01 PAGE 14/24 www.lrlaw.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7 LEMS AND ROCA ur 1.AWYL'KS provided by this section, the equipment, assets and liabilities of the district shall be transferred to such city or town." § 48-815(C). The above statutory enactments are a statement of public policy by the Legislature. See State v. O'Donnal, 110 Ariz. 552, 554, 521 P.2d 984, 986 (1974) (noting that an act of the legislature represents "the public policy of the State"); Chicago Ins. Co. v. Manterola, 191 Ariz. 344, 348, 955 P.2d 982, 986 (App. 1998) (looking to Arizona statutes to determine public policy of state); Landi v. Arkules, 172 Ariz. 126, 133, 835 P.2d 458 (App. 1992) (noting that statutes are the "Legislature's declaration of public policy"). The public policy behind the statutory provisions is easily discerned. The Legislature clearly places a high value on the discretion of a city or town and its citizens to control the provision of fire protection services within the city's or town's borders. The exercise of that discretion may legitimately come at the expense of the existence of a fire district, and the continued employment of its employees .2 Any agreement that conflicts with the above statutory provisions violates public policy and, in Arizona, an agreement is unenforceable if it violates public policy. White v. Mattox, 127 Ariz. 181,'184, 619 P.2d 9, 12 (1980); Mountain States Bolt Nut & Screw v. Best -Way Transp., 116 Ariz. 123, 124, 568 P.2d 430, 431 (App. 1977); Red Rover Copper Co. v. Industrial Comm'n, 58 Ariz. 203, 214, 118 P.2d 1102, 1107 (1941) (holding that a constitutional amendment and legislation enacted pursuant to that amendment are the declared public policy of the state, and "[n]o 2 This is further evidenced by the fact that the employees of a fire district disbanded pursuant to these statutes do not automatically become employees of the city or town within which the fire district is located. Specifically, § 48-812(C) provides that, when a fire district and annexing or newly organized city or town are merged, a fireman employed full-time by the fire district becomes a member of the city's or town's pension fund only if he "becomes employed as a fireman by an annexing or newly organized city or town within sixty days from and after the date the city or town elects to provide fire protection services to such area." In other words, the statute contemplates that the city or town will have the discretion to offer employment or to not offer employment to the former employees of the disbanded/merged fire district. 5 1296183.4 Lewis and Roca 6/4/02 5:01 PAGE 15/24 www.lrlaw.com 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 144 IBIS AND KOCA LAWYERSLLP contractual consent ... can prevail against public policy, and any agreements made and any acts done in violation of it are necessarily void"). 3 Here, binding the Town to the severance provisions in Plaintiffs' alleged employment agreements with the Fire District would obviously interfere with the Town's statutory right to choose to provide fire protection services to the Town, pursuant to § 48- 812, as well as with the right of the Town's qualified voters to dissolve the Fire District in an election, pursuant to § 48-815.4 In that part of the severance provisions relevant here, 3 Cf. Huskie v. Ames Bros. Motor & Supply Co., 139 Ariz. 396, 678 P.2d 977 (App. 1984) ("The laws of the state are a part of every contract and where a contract is incompatible with a statute, the statute governs.") (citing School Dist. No. I of Pima County v. Hastings, 106 Ariz. 175, 177, 472 P.2d 44, 46 (1970)); Havasu Heights Ranch & Dev. Corp. v. Desert Valley Wood Prods., 167 Ariz. 383, 389, 807 P.2d 1119, 1125 (App. 1990) (noting that "the laws of this state are a part of every contract," and finding the term of the lease in question subject to certain limitations in the Arizona Constitution and in certain statutes); American Federation of Labor v. American Sash & Door Co., 67 Ariz. 20, 27, 189 P.2d 912, 916 (1948) (recognizing that "the liberty to, and right of, contract are not absolute and unyielding but are subject to being limited, restrained, and circumscribed in the interest of the state and the welfare of its people"). 4 In fact, under the plain language of the severance provisions, the severance packages are payable only upon "dissolution" of the Fire District. Dissolution only occurs if there is a public vote to dissolve the Fire District, as described in § 48-815, In their Amended Complaint, Plaintiffs' allege that the severance pay obligations were transferred to the Town by operation of § 48-815. See Amended Complaint at 170. However, § 48-815 could not have operated to trigger the severance pay obligations and transfer them to the Town under the circumstances here, because there was no public vote to dissolve the Fire District. Nor do Plaintiffs even allege that there was such a public vote. Rather, they allege that the Town became obligated to pay the severance payments because the Council adopted Ordinance 01-18 on October 31, 2001. See Amended Complaint at T167-68. Thus, under the plain language of the severance provisions, no obligation to pay the severance packages ever arose, separate and apart from the public policy considerations which would have negated these provisions under any circumstances. This reason alone would provide another basis for dismissing Plaintiffs' claims against the Town Defendants. Even assuming, however, that Plaintiffs could successfully argue that the term "dissolution" in the severance provisions refers to both a "dissolution" effected pursuant to § 48-815, or to a "merger" effected pursuant to § 48-812, the void -for -public - policy argument outlined above compels dismissal of the claims against Town Defendants. 0 1296183.4 Lewis and Roca 6/4/02 5:01 PAGE 16/24 www.lrlaw.com LEWIS AND ROCA 1. A WY E R S between five for each Plaintiff were 1 the severance packages of three and years of salary 2 structured such that they became payable upon dissolution of the Fire District. For 3 purposes of this motion, the Court need not decide whether the severance provisions were 4 designed to deter the Town and its citizens from exercising their statutory rights —which 5 certainly appears to be the case —because that would be their effect nonetheless. The four 6 million dollar ($4,000,000) cost placed on the Town by the Fire District for exercising the 7 Town's statutory rights flies in the face of Legislative intent and the public policy g apparent in the fire district statutes mentioned above. Compare Serna v. Pima County, 9 185 Ariz. 380, 916 P.2d 1096 (App. 1995), which is discussed at page 8, infra, in which 10 the Arizona Court of Appeals emphasized that, in the public employment context, public 11 policy goals cannot be undercut by putting economic penalties on a local government's 12 efforts to achieve them. The Fire District Board plainly had no lawful authority to tie the 13 hands of the Town Council and its citizens in such a manner. 14 II. Plaintiffs' claims are also barred because the governing board of a political 15 entity in Arizona may not bind its successors to personal services contracts. 16 The alleged employment agreements, at least with respect to the severance 17 provisions at issue here, violate Arizona's longstanding rule that the governing board of a 18 political entity may not bind its successors to personal services contracts or to contracts 19 made in the exercise of a governmental function. Consequently, the severance provisions 20 are void as against public policy and are unenforceable against Town Defendants, alleged 21 successors to the Fire District and the Fire District Board. 22 The relevant rule, first articulated in Town of Tempe v. Corbell, 17 Ariz. 1, 147 P. 23 745 (1915), was clarified by the Arizona Supreme Court in Pima County v. Grossetta, 54 24 Ariz. 530, 97 P.2d 538 (1939): 25 Where the contract in question is a unitary one for the doing of a particular 26 and specified act, but its performance may extend beyond the term of the 7 1296183.4 Lewis and Roca 6/4/02 5:01 PAGE 17/24 www.lrlaw.com 1EWIS AND ROCA UP L A W Y E R S 1 officers making it, if it appears that the contract was made in good faith and in the public interest it is not void because it will not be completed during 2 the term of those officers. If, on the other hand, the contract is for the 3 performance of personal or professional services for the employing officers, their successors must be allowed to choose for themselves those persons on 4 whose honesty, skill and ability they must rely. 5 6 See also 56 Am. Jur. 2d § 135 (2d ed. 2000) ("a municipal council may enter into contracts 7 during their term of governance however, if the term of the contract extends beyond the term for which the members of the council were elected the ability of the current council 8 9 to bind subsequent councils is limited"); 63C Am. Jur. 2d § 259 (2d ed. 1997) ("the general rule is that contracts of employment for a period beyond the term of the employing 10 11 board are not valid"). Not only does this rule operate to void employment contracts that extend beyond 12 13 the term of the governing board that executed them, it operates to void severance pay Provisions that one board attempts to make binding on a successor board. In 1995, the 14 Arizona Court of Appeals applied the Grossetta rule in rejecting the severance pay claim 15 16 of a terminated Pima County Manager. Serna v. Pima County, 185 Ariz. 380, 916 P.2d 17 1096 (App. 1995). Serna was employed as county manager on November 7, 1989 under an employment contract that provided for a severance payment of approximately $200,000 18 19 if he was terminated without cause before June 30, 1992. Just prior to this date, the Pima 20 County Board of Supervisors extended his contract for two years. New members were 21 elected to the Board in November 1992. When they took office in January 1993, they 22 terminated Serna's employment. Serna sued for severance pay. Serna argued that, even if his situation fit within the Grossetta rule, and the Board 23 24 was free to terminate him, such a termination was not free of contract damages. The court 25 disagreed. The court noted, first, that the rule was applied in Town of Tempe v. Corbell to 26 prevent an award of damages for termination. Second, the court noted that the important 8 1296183.4 Lewis and Roca 6/4/02 5:01 PAGE 18/24 www.lrlaw.com LEWIS AND RocA LLP 1. A'A' Y C R S 1 public policy goal behind the Grossetta rule "ought not be undercut by putting an 2 economic penalty on efforts to achieve it." Sema, 185 Ariz. at 381, 916 P.2d at 1097. 3 In another case applying the Grossetta rule, the court in Tryon v. Avra Valley Fire 4 District, 659 F. Supp. 283, 285-86 (D. Ariz. 1986), held that the Board of Directors of a 5 Fire District could not bind its successor Board to an employment contract with the Fire 6 Chief; despite a five-year contract, the ousted Fire Chief had no property right to 7 continued employment and thus no claim for violation of due process. The Tryon court g also noted that it would have reached the same result applying the modern analysis in this 9 type of case, which Arizona courts now follow, which requires "drawing a distinction 10 between proprietary and governmental functions of a municipal body." Id. (citing, as an 11 example of this modern analysis, the Arizona case of Copper Count Mobile Home Park 12 v. City of Globe, 131 Ariz. 329, 641 P.2d 243 (App. 1981), in which "the court considered 13 whether the City of Globe was acting in a governmental or proprietary function with 14 regard to providing sewer service to persons residing outside the city limits"). 15 The Tryon court noted that this analysis applies to fire districts as well as other 16 municipalities, because "[a] fire district is a quasi -municipal corporation." Id. (citing 17 California Portland Cement v. Picture Rocks Fire District, 143 Ariz. 170, 174, 692 P.2d 18 1019, 1023 (App. 1984)). The court used the definition of "governmental function" 19 established in Copper County Mobile Home Park, which "stated that `a governmental 20 function is generally recognized as one undertaken because of a duty imposed on the city 21 for the welfare or protection of its citizens."' Id. (quoting Copper CountrYMobile Home, 22 641 P.2d at 246). Under the modern analysis, the Tryon court concluded that the 23 employment contract entered into between the Avra Valley Fire District, through its board 24 of directors, and Tryon, the Fire Chief, "was done in performance of the board's 25 26 9 C 1296183.4 Lewis and Roca 6/4/02 5:01 PAGE 19/24 www.lrlaw.com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .L.tJVIS AND KOCA UP 1, A K Y 1: R S governmental function." Id.5 Thus, "the prior board could not bind the successor board that voted to terminate the Fire Chief." Id. Similarly, here, the employment agreements in question were executed by the Fountain Hills Fire District, through its board of directors, in the exercise of the Fire District Board's governmental function —its duty to provide fire protection services for the welfare of the citizens within the Fire District. A.R.S. § 48-805(B)(1) provides that a fire district, through its board, may "[e]mploy any personnel and provide services deemed necessary for fire protection, preservation of life and for carrying out its other powers and duties" Thus charged with the duty of providing fire protection services, and with the power to employ personnel to assist in carrying out that duty, the employment agreements executed by the Fire District Board were for services personal to the Board. The Fire District Board's successors should enjoy the same freedom to select their own employees and servants to carry out their duties. Yet, the employment agreements purport to bind the Fire District Board and its successors. For example, severance payments would be triggered under the alleged agreements whether the Town or even successors to the Fire District Board decided to terminate all employees in favor of contracting for fire protection services. Additionally, the severance clauses specifically tie the payment of severance to the actions of the Fire District Board's successor, by providing that if the Fire District is "dissolved" by the actions of the Town, then severance is due. Thus, under the rule as explained in Grossetta and Serra and Tryon, while the severance clauses in Plaintiffs' alleged employment agreements may have been binding 5 See also Gilmore et al. v. City of Montgomery, 417 U.S. 556, 574 (1974) (recognizing that fire protection is a traditional state monopoly and generalized governmental service); see also Ayres v. Indian Heights Volunteer Fire Dept., Inc., 493 N.E.2d 1229, 1235 (Ind. 1986) ("Firefighting is a service that is uniquely governmental. The need to control, prevent, and fight fires for the common good of the community has been universally accepted as a governmental function and duty in this State and, as far as we can determine, in this Nation, from its very beginning."). 10 I M 163.4 Lewis Tandd Roca 6/4/02 5:01 PAGE 20/24 www.lrlaw.com L. xxb AND RocA 1. A W Y 1: R S 1 upon the Fire District Board that executed them, they are clearly not enforceable against 2 any of the Fire District's successors, including Town Defendants. 3 III. Plaintiffs' claims are also barred because the alleged employment contracts 4 thwart the purposes of the gift and debt limitation clauses of the Arizona 5 Constitution, which would otherwise limit the Town's ability to obligate itself 6 to a four million dollar ($4,000,000) expenditure for nothing in return. 7 The gift clause in Arizona's Constitution forbids any city or town or other 8 subdivision of the State to "give or loan its credit in the aid of, or make any donation or 9 grant, by subsidy or otherwise, to any individual, association, or corporation ...." Ariz. 10 Const. art. 9, § 7. The purpose of the gift clause is "to prevent governmental bodies from 11 depleting the public treasury by giving advantages to special interests or by engaging in 12 non-public enterprises." Wistuber v. Paradise Valley Unified School Dist., 141 Ariz. 346, 13 349, 687 P.2d 354, 357 (1984) (citations omitted). A court reviewing the validity of an 14 expenditure of public funds under the gift clause must be satisfied that the expenditure 15 serves a public purpose and that the public entity expending the funds has received 16 "consideration which is not so inequitable and unreasonable that it amounts to abuse of 17 discretion, thus providing an illegal subsidy to a private individual or entity." Id. at 348- 1 g 49, 687 P.2d at 356-57 (citation omitted); see also Arizona Center For Law In The Public 19 Interest v. Hassell, 172 Ariz. 356, 367-68, 837 P.2d 158, 169-70 (App. 1991). 20 Here, neither a public purpose nor fair consideration for the severance provisions 21 can be shown. The reality of the situation is that the provisions calling for years of 22 severance payments, allegedly to every person who had already signed an employment 23 agreement with the Fire District, including a clerical employee, were added just days 24 before the Town Council's vote. See Wistuber, 141 Ariz. at 349, 687 P.2d at 357 ("Of 25 course, either objective [public purpose and fair consideration] may be violated by a 26 transaction even though that transaction has surface indicia of public purpose. The reality 11 1296183-4 Lewis ran�d-.��Roca 6/4/02 5:01 PAGE 21/24 www.lrlaw.com LG "S AND ROCA UP 1,AWYI'.RS both in terms consideration must be considered."). Even 1 of the transaction of purpose and 2 if the act of adding the severance provisions to every one of the Plaintiff's contracts on the 3 same day —practically on the eve of the Town Council's vote —was not intended to 4 influence the Town's vote, that was nonetheless its inescapable effect. The Fire District's 5 crafting of a conditional obligation of an expenditure of Town funds, with the likely effect 6 of deterring the Town from exercising its statutory right to choose to provide fire 7 protection services to the Town, does not serve a public purpose. Indeed, as already 8 discussed above, the actions of the Fire District in executing the addenda actually violated 9 Arizona public policy. 10 Furthermore, as a matter of law, fair consideration cannot be shown. The Fire 11 District Board imposed an obligation on the Town and the Town received absolutely 12 nothing in return. The alleged severance obligation arose only because the Town 13 exercised its statutory right to assume responsibility for providing fire protection services 14 to the Town. While it is true that the Legislature attached the assumption of the Fire 15 District's assets and liabilities to the exercise of that right, the severance provisions are not 16 like those liabilities which the Fire District itself had legitimately incurred, which the 17 Town did assume by operation of law. Those liabilities were all pre-existing liabilities of 18 the Fire District. In addition, those pre-existing liabilities were presumably comparable to 19 the assets of the Fire District that the Town also assumed —such as property, equipment, 20 and tax revenues. This is necessarily so, due to statutory limitations on the Fire District's 21 ability, inter alia, to expend funds, create debt, collect taxes, and retain surpluses. See 22 generally A.R.S. §§ 48-805 to 815. 23 The alleged severance obligation, on the other hand, was never a pre-existing 24 obligation of the Fire District, subjected to the Fire District's budgeting duties and debt 25 limitations. It came to exist only because the Fire District ceased to exist. The Fire 26 District itself never had any liability for making the severance payments. Indeed, the 12 1286193.4 Lewis and Roca 6/4/02 5:01 PAGE 22/24 www.lrlaw.com LEWTS AND ROCA UT 1, A W Y R R S 1 severance provisions effectively attempted to place liability directly and solely on the 2 Town, based on its decision to exercise its rights under A.R.S. § 48-812. The Town 3 received absolutely nothing in exchange. Under the circumstances, this four mullion dollar 4 ($4,000,000) proposed expenditure of Town funds is plainly inequitable and unreasonable 5 and contravenes the gift clause. Because the Town could never obligate itself to such a 6 gift of public funds, the Fire District should not be able to circumvent the gift clause and 7 obligate the Town to the same gift, under the guise of creating an assumable liability of the 8 Fire District. 9 Nor could the Fire District circumvent the debt limitation clause in this manner. 10 Article 9, § 8 of the Arizona Constitution forbids cities and towns and other municipal 11 corporations to become indebted in excess of a certain percentage of the taxable property 12 within their borders. Ariz. Const. art. 9, § 8. The assent of the property taxpayers might 13 raise that debt percentage by a certain degree, but the debt level is still limited. Id. This 14 provision has been held to apply to "not only borrowed money but also any pecuniary 15 obligation created by contract or by express agreement." Rochlin v. State, 112 Ariz. 171, 16 176, 540 P.2d 643, 648 (1975) (citation omitted). Here, the Fire District effectively 17 created an obligation payable only by the Town, without accounting for the Town's debt 18 level and how that debt level might exceed statutory limits due to the severance pay 19 obligation orchestrated by the Fire District. As already discussed above, unlike the pre- 20 existing liabilities of the Fire District, the severance obligation arose only after the Fire 21 District was disbanded. As a matter of public policy, the Town should not be saddled with 22 such an obligation without being able to consider, first, how it would affect the Town's 23 debt level. 24 IV. Conclusion 25 On the basis of each of the separate and distinct arguments presented above, the 26 severance provisions of Plaintiffs' alleged employment contracts are void as against public 13 1296193.4 Lewis and Roca 6/4/02 5:01 PAGE 23/24 www.lrlaw.com LEV/5 AN D RocA l,al 1.AWY I RS I policy. Absent valid and enforceable severance contracts, all of Plaintiffs' claims against 2 Town Defendants must fail.b Accordingly, Town Defendants request that this Court 3 dismiss all of the claims against them, with prejudice. 4 RESPECTFULLY SUBMITTED this 4th day of June, 2002. 5 LEWIS AND ROCA LLP 6 7 By ---tZ Richard S. Cohen 8 Jane E. Reddin - Susan E. Anderson 9 Attorneys for Town Defendants 10 11 12 13 14 15 16 17 18 19 20 6 See Tucson Police and Firefighters Ass'n v. City of Tucson, 118 Ariz. 57, 574 P.2d 850 21 (App. 1977) (affirming summary judgment for defendant -city on breach of contract and 22 treble damages wage claims based on lack of a binding contract); Norman v. State Farm Mutual Auto. Ins. Co., 201 Ariz. 196, 203, 33 P.3d 530, 537 (App. 2001) ("While every 23 contract contains implied covenants of good faith and fair dealing, such covenants presume the existence of a valid contract"); Johnson International, Inc. v. City of Phoenix, 24 192 Ariz. 466, 473-74, 967 P.2d 607, 614-15 (App. 1998) (affirming grant of defendant's 25 motion to dismiss claim for breach of the implied covenants of good faith and fair dealing because no binding contract existed to which the claim could attach). 26 14 1286193.4 Lewi; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 E i and -. Roca 6/4/02 5:01 PAGE 24/24 L E" AND RO CA LLP 1.nwYsxs COPY of the foregoing hand -delivered this 4th day of June, 2002, to: Honorable Colleen McNally Maricopa County Superior Court 201 W. Jefferson St. Phoenix, AZ 85004 Kenneth S. Countryman KENNETH S. COUNTRYMAN, P.C. 1700 N. 7th St., Ste. 3 Phoenix, AZ 85006 Attorneys for Plaintiffs Jeffreyy R. Simmons DECONCINI, McDONALD, YETWIN & LACY, P.C. 2025 N. 3rd St., Ste 230 Phoenix, AZ 85004 Attorneys for Plaintiffs Michael Herzog HERZOG AND O'CONNOR, P.C. 7333 East Doubletree Ranch Road, Suite 280 Scottsdale, AZ 85258 Attorneys for Defendant Fire District Board Commissioners 15 www.lrlaw.com 1296183.4 Jun-04-02 11:53am From—LEONARD CLANCY & McGOVERN PC +602 258 5233 T-779 P.002/005 F-488 KENNETH S. COUNTRYMAN, P.C. ATTORNEY AT LAW L1700 NORTH SEVENTH STREET, -SUITE 3 PHOENIX, ARIZONA 85p06-223p VIA FACSIMILE June 4, 2002 Mr. William E. Farrell 16838 F. Palisades Blvd., Bldg. A Fountain Hills, AZ 85268-3845 Re: Knapp v. Town of Fountain Hills, et al. Hoffman v. Town of Fountain Hills Robinson v. Town of Fountain 'Hills Dear Mr. Farrell: i want to thank you for meeting with me to discuss Knapp v. Town of Fountain Hills, et al., Hoffman v. Town of Fountain Hills, and Robinson v. Town of Fountain Hills. 1 am writing this letter pursuant to Rule 408, Arizona Rules of Civil Procedure, and would request that this letter be kept confidential. Pursuant to your request, I am providing a written offer covering the terms of a global settlement with the Town of Fountain Hills and other parties, I have several preliminary statements prior to providing my proposal. First, I believe the biggest obstacle to resolving this case is the Town's insistence that Rural Metro be given a one-year contract. Obviously, the biggest liability to the Town and/or the District is the claim made by my clients. Rural Metro's contract expires at the end of this month. My clients are seeking their jobs back and are ready to resume work immediately. If the Town or the District is willing to employ my clients, this case can be settled very quickly under the proposal outlined below. I believe that a majority of the parties at yesterday's meeting are astonished that the Town is: (1) insistent on retaining Rural Metro considering the outcomes of the Mayoral and Council elections and the tax proposal that was overwhelmingly rejected by the residents of Fountain Hills; and (2) considering that Rural Metro's financial condition and contract status in other cities and towns continues to raise questions regarding their ability to provide meaningful fire protection to the residents of Fountain Hills. The Town has no financial resources to pay for a municipal fire department. It clearly is not in the financial interest of the Town to continue to contract with Rural Metro and face this litigation. Second, I am requesting that the Town of Fountain Hills place several items on their agenda for Thursday's meeting: (1) consideration of the repeal of Ordinance 01-18; (2) consideration of hiring plaintiffs in Hoffman and Knapp for a municipal fire department; and TELEPHONE 602,258.5149 - FACSIMILE 602,258.5233 - E-MAIL KENNETH.COUNTRYMAN@aAZHAR.ORG Jun-04-02 11:53am From—LEONARD CLANCY & McGOVERN PC +602 258 5233 T-779 P.003/005 F-488 KENNETH S. COUNTRYMAN, P.G. ATTORNEY AT LAW Mr. William E. Farrell June 4, 2002 Page Two (3) consideration and approval of settlement proposal in Knapp v. Town of Fountain Hills and Hoffman v. Town of Fountain Hills. I suspect that some of these matters can be addressed in an open meeting. We are demanding that these issues be addressed on Thursday. Third, I request that I be placed on the agenda to address issues before the Town Council concerning the status of this litigation and to explain to the entire Town Council the ramifications of taking the destructive course of keeping Rural Metro. The outline of our'settlement proposal is as follows: 1. The Town of Fountain Hills agrees to: a. Rescind Ordinance 01-18 and return the authority for fire service to the Fountain Hills Fire District; b. Pay damages to the Plaintiffs in Knapp v. Town of Fountain Hills in the amount of $900,000.00 (non-negotiable); C. Return all assats and liabilities to the Fountain Hills Fire District with the exception of any liability related to this litigation; d. Pay all legal fees and costs of the Plaintiffs in Hoffman v. Town of Fountain Hills and Robinson v. Town of Fountain Hills; e. Return the American LaFrance ladder truck to the vendor and indemnify the Fountain Hills Fire District for any interest and penalties for any unpaid expenditures; and f. Retain the employees of the fire department established by the Fountain Hills Fire District should the residents of Fountain Hills elect to dissolve the Fountain Hills Fire District on March 3, 2003. 2. The Maricopa County Attorney's Office agrees. a. The Fountain Hills Fire District lawfully exists and is authorized to operate as a special taxing district; and 7EL£PHONE 642,258.5749 • 17AC511411-E GC. O2.258.S233 • E-MAIL KBNNETH.COUNTRYMAN@a A78AR.0RG Jun-04-02 11:53am From-LEONARD CLANCY & Mc GOVERN PC +602 258 5233 T-779 P.004/005 F-488 KENNETH S. COUNTRYMAN, P.C. ATTORNE6Y AY LAW Mr. William E. Farrell June 4, 2002 Page Three 2. The Fountain Hills Fire District is authorized to submit a budget and levy taxes on July 1, 2002, for the fiscal year 2002-2003. 3. All parties agree: a_ The service areas and boundaries are coterminous as of the date of this settlement,- b. The dissolution issue will be placed on the ballot in March 2003; and C. The contract with Rural/Metro will be extended until July 31, 2002, 4. Plaintiffs (Hoffman, Knapp et al. and Robinson) agree to: a. Dismiss all claims (except any claims against Rural/Metro)'- b. Release the Fountain Hills Fire District and its board members from any claims arising out of the dissolution issue and cancel the severance agreements; and C. Release the Town from all liability arising out of this litigation. 5. The Fountain Hills Fire District agrees to: a. Rehire Plaintiffs in the position offered prior to the passage of ordinance 01-18 on 10/31/01. b. Advertise available positions statewide for unfilled positions and provide additional consideration to those firefighters currently working for Rural/Metro in Fountain Hills for the unfilled positions. C. Institute the municipal fire department under the same minimum requirements of NFPA 1710 (12 personnel on the fire scene within 12 minutes); and d. Rescind the residency requirements for all officers and buy into PSPRS for all eligible employees of the District. ILTELEPHONE: 602.258_$749 • FACSIMILE 602.ZZa.5233 ` E-MAIL KENN 6TH.COu NTRYMAN QAZHAR.ORG Jun-04-02 11:54am From-LEONARD CLANCY & McGOVERN PC +602 258 5233 T-779 P.005/005 F-488 KENNETH S. COUNTRYMAN, P.G. ATTORNEY AT LAW Mr. William E. Farrell June 4, 2002 Page Four As we discussed on Thursday, May 30, 2002 and in yesterday's settlement meeting, we believe that time is of the essence. In order for the Fountain Hills Fire Board to submit a budget to Maricopa County, the Board must meet on or before June 9, 2002, and approve a budget, which must be submitted to Maricopa County on June 10, 2002. We are requesting that the terms of this settlement be presented to the Town Council for approval at the June 8, 2002 council meeting. If you have any questions, please contact me at (602) 258-5749, 1 look forward to hearing from you on these matters. Sincerely, KENNETH S. COU TRYM N, P.C. Kenneth S. Countryman b TELEPHONE 602.258.5749 - FACSIMILE 602,258.5233 • E-MAIL, KENNETH.COUNTRYMAN@G AXBAR_ORG Jun-05-02 12:26pm From-LEONARD CLANCY & McGOVERN PC +602 258 5233 T-816 P.002 F-548 KENNETH S. COUNTRYMAN, P.G. ATTORNEY AT LAW 1700 P40RTH SEVENTH STREET, SUITE 3 PHOENIX, ARIZONA 85006^2230 VIA FACSIMILE June 5, 2002 Mr. William E. Farrell 16838 E. Palisades Blvd., Bldg. A Fountain Hills, AZ 85268-3845 Re: Knapp v. Town of Fountain Hills, et al. Hoffman v. Town of Fountain Hills Robinson v. Town of Fountain Hills Dear Mr. Farrell: This letter is a response to your facsimile dated June 4, 2002, which was received by our -office at 10:45 a.m. on June 5, 2002. In responseto yourletter, I would liketo clarify some issues you raised. First, with regard to our proposal, we withdraw our requestto maintain confidentiality but still request that the proposal and this letter be treated in accordance with Rule 408, Arizona Rules of Civil Procedure. We requestthatthe proposal be distributed to the Council members prior to the Town Council meeting so that the proposal may be freely discussed. Second, I am requesting thatthe repeal of Ordinance 01-18 be placed on the Agenda for the Thursday, June 6, 2002 meeting. Third, l wantto clarify the issue of ourclients' employment with the Town of Fountain Hills. We are requesting that the Town immediately hire our clients who are ready to start should the Council not repeal Ordinance 01-18. Should there be a dissolution election in the future and there is a vote to dissolve the Fire District, we ask that our clients be immediately hired by the Town. Fourth, 1 am confirming the assurances that the issues of the settlement proposal for the Knapp V. Town of Fountain Hills, eta/., Hoffman v. Town of Fountain Hillsand Robinson v. Town of Fountain Hills Gases will be discussed with the Town Council at the Thursday, June 6, 2002 meeting. Fifth, I ask that I be placed on the Agenda forthe Thursday, June 6, 2002 meeting. I am asking forfifteen (15) minutes during which I may answer any questions that the Council Lmembers may have. TELEPHONE 602.25$-5749 ' FACSIMILE 602.258.5233 ' E-MAIL KEN NETH.COUNTRYMAN@AZ6AR-ORG Jun-05-02 12:27pm From—LEONARD CLANCY & Mc GOVERN PC +602 258 5233 T-816 P.003 F-548 KENNETH S. COUNTRYMAN, P.C. ATTORNEY AT LAW Mr. William E. Farrell June 5, 2002 Page Two Sixth, with regard to any proposals from the Maricopa County Attorney's Office or the Fire District, we understand that the Town has no authority to bind these entities. Our proposal only includes all entities with regard to this issue. In closing, I agree that time is of the essence and therefore I am including my comments to your letter. Please confirm with my office that you received my letter. 1 look forward to seeing you at tomorrow's meeting. Sincerely, KENNETH S. COUNTRYMAN, P.C. Kenneth S. Countryman DICTATED BUT NOT READ TELEPHONE 602.258.5749 ' FACSIMILE 502,258.5233 ' E-MAIL. KENN ETH.COUNTRYMANQAZ8AR.0RG I T Jun, 6, 2002 4:15PM MILLER LASOTA PETERS 6022482999 No-1760 P. 1/3 MILLER LASOTA & PETERS PLC Tel 602 248 2900 Fax 602 248 2999 5225 North Central Ave., Suite 235 Phoenix, Arizona 85012 jack)@aol corn S FACSIMILE COVER SHEET TO: HON. JOHN BEYDLER LEESA FRAVERD JOHN KAVANAGH SUSAN RELPHE MIKE ARCHAMBAULT KATHLEEN NICOLA RICK MELENDEZ FROM: DATE: NUMBER OF PAGES INCLUDING COVER SHEET COMMENTS: OF COUNSEL: MUNM CHAIMCK, PLC TUCsON, AFuzoNA FAX NO.: 480-837-3145 Would you please distribute a copy of the attached to each of the above. Thank you. The information contained in this Facsimile message may be privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone, and remm the original message to us at the address above via the United States Postal Service. If you have received this communication in error, please DO NOT MAKE ANY COPIES of it. Thank you. Jun, 6, 2002 4:16PM MILLER LASOTA PETERS 6022482999 No-1760 P. 2/3 MILLER LASOTA & PETERS PLc Tel 602 248 2900 Fax 602 248 2999 5225 North Central Avenue, Suite 235 Phoenix. Arizona 65012 JackCamlp-law.com MEMORANDUM TO: Honorable Members of the Fountain Hills Town Council JOHN A. LASOTA, JR. FROM: Jack LaSota, (volunteer) counsel for four members of the Fountain Hills Fire District Board DATE: June 6, 2002 RE: Status of the District 1 have reviewed Arizona Revised Statutes Title 48 ("Special Taxing Districts") and conclude that there are three ways for a fire district to be terminated. 1. Dissolution following a vote of the District's electors, per A.R.S. § 48-815. This has not happened to the Fountain Hills Fire District. 2. Dissolution by the County Board of Supervisors following five consecutive years of inactivity. This too has not happened to the Fountain Hills Fire District. 3. Merger with a city or town if the Fire District's geographic area is (i) entirely included within a single newly organized city or town, or (ii) is entirely annexed to a single city or town, and (iii) the city or town elects to provide fire protection services to that geographic area. This termination is provided for under A.R.S. § 48-812. This also has not happened to the Fountain Hills Fire District. This third point is. obviously the subject of contention and litigation. The County Attorney's Office, in a November 7, 2001 letter to the District and a December 3, 2001 "Notice of Merger," concluded that a merger with the 'town had occurred by operation of Section 48-812. The County Attorney's Office directed the County Treasurer to "temporarily suspend processing of District warrants and checks," freezing the Board's access to District funds and making it impossible for the District to do business. The County Attorney, in a November 19, 2001 letter, urged Board members to resign their Board positions by telling them "they would not be listed as a defendant" in what the Board members were informed (by both of these November letters) were criminal and civil investigations begun by the County Attorney. Jun, 6. 2002 4:16PM MILLER LASOTA PETERS 6022482999 No.1760 P. 3/3 Honorable Members of the Fountain Hills Town Council Re: Status of the District June 6, 2002 Page 2 Acting under this extreme duress, the Board agrced to cooperate with the putative merger and not contest it. Of course, they had no funds with which to do anything. Two of the Board members, believing the County Attorney's assertions that the District had ceased to exist, notified the County Attorney that they were resigning as Board members. Thereafter, three lawsuits concerning the putative merger have been filed and have been actively pursued. Information developed in those suits indicates that A.R.S. § 48-812 cannot apply to the Fountain Hills Fire District, because its geographic area is not entirely included in the 1989 organization (incorporation) of Fountain Hills, nor was its geographic area entirely annexed by Fountain Hills. Because the November action of the District Board acquiescing in the "merger" and the December Board member resignations were the product of erroneous interpretation of A.R-S. § 48-812, along with duress and coercion, the two resignations have now been rescinded, and a majority of the Board members are ready, willing and able to resume their stewardship of the District. I believe as a result of the conversations with Jill Kennedy of the County Attorney's Office on May 30 and 31 (via telephone) and June 3 (in person, in the presence of ten other lawyers), that the Office will not oppose a resolution of this dispute regarding fire protection in Fountain Hills that includes the "resurrection" of the Fountain Hills Fire District as a provider of fire protection services. Fountain Hills FD\Csp\Memo.Re.District,S.tatus.doc MEMORANDUM TO: HONORABLE MAYOR BEYDLER AND TOWN COUNCI MBERS FROM: ROY PE TING TOWN MANAGER DATE: MAY 29, 2 RE: FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES CONTRACT WITH RURAL METRO Council has previously been forwarded the proposed contract prepared by RTE, Inc. (Bob Edwards) for the 2002-2003 fiscal year, beginning on July 1, 2002. This contract provides for all fire suppression, hazardous material incident control, advanced life support and fire prevention, including fire and life safety in all schools, as well as fire code administration including new construction code compliance. In addition, Rural Metro will provide all necessary fire training as required by the State Fire Marshal, National Fire Protection Administration (NFPA), and Insurance Services Office (ISO) standards, and call receiving and dispatching by the Rural Metro communications center. The cost of the contract for one year is $2,275,672. It provides a 30-day cancellation for cause, a 90-day cancellation for lack of funding, and a 180-day cancellation without cause. Rural Metro will agree to provide emergency medical services on the basis of reimbursements from insurance coverage for those receiving the service. This will amount to an estimated $100,000 savings to Town residents in fiscal year 2002-2003. In addition, Rural Metro will pay the Town $10,000 for the lease of the new ambulance. The Town will furnish buildings and equipment, and provide building maintenance for such things as HVAC, parking, and landscaping. Rural Metro will provide utilities, daily maintenance, telephone service, and perform vehicle maintenance. It is recommended that the Town Council approve this contract for fiscal year 2002-2003. :1 Robert C. Barbanica, Battalion Chief (Retired) 16263 E. Hyde Park Place �u, Fountain Hills, AZ 85268 Phone: 837-5775 5/31 /2002 Honorable Mayor and Council Members: I understand you are about to enter into a one-year contract with Rural/Metro and I agree with this action. I also see a need for your obtaining any and all information regarding the possibility of a F.H. Fire Department in the future. Therefore I offer the attached information which I hope will at least let you know there is more "out there" in the way of protections for our town. I apologize for any confusion in this writing as it is a complicated subject and I wrote it with time constraints. I will be leaving for vacation and I will return on June 16. Upon my return, should you have any questions, I would be happy to meet with you at your convenience. If you need clarification sooner, I believe Chief La Grecca would answer any points I have raised. Thank you for your consideration, and I know only too well the seriousness of your work in this matter. Sincerely, The Real World of the Fire Service And How It Applies To Fountain Hills Rural/Metro: Rural Metro is a private business enterprise that got its foothold in a young, fiscally conservative Scottsdale some forty or more years ago. It has always touted itself as a less expensive way for small towns (originally) and larger towns (later) to have a fire and ambulance service. R/M expanded its territory and became the choice of many towns, especially in very fiscally conservative Arizona. While towns were small and growing this enterprise seemed to work. But the conventional Fire Service almost anywhere else in this country has always considered R/M as not being comparable as a result of how it ran its operations. It was always seen as a "bottom line" business operation, and not meeting the standards developed by the fire community. One method of promoting itself was to "advise" municipalities that using a lesser number of personnel on apparatus was an acceptable operational method. This served to keep expenses down for the communities with which they were attempting to contract (Fountain Hills Fire District is a good example). As they did in Fountain Hills, R/M would run with less than adequate numbers of personnel (by Fire Service standards) on an engine company. A town or district could, of course, require adequate manpower on an engine if it made itself aware of actual standards, and cared about proper manning. This would indeed raise the cost of a RIM contract, and when combined with their profit margin, it made R/M non-competitive with the town's having its own fire department. Thus, R/M would not mention manning to comply with standards, inferring or actually declaring existing manning was enough. We know this was the case in Fountain Hills, as per statements made by Fire Board members. Fountain Hills Fire District: The district used Rural Metro's advice as it served them well, even to present times. They could brag about all the money it saved and about the accolades it received as "one of the best run districts" in Arizona. Again, this was fine as long as everyone including Mayors and Council members, the business community and the public didn't scratch the surface and learn what was missing. And the Board could smugly look the other way, with its $1.5 million in the bank. To them, that meant successful management. Small, low tax -based Fire districts receive $300,000 yearly from a fund that was created to help them run their departments. However, the same law that created this fund states that districts are "obligated" to remove themselves from the fund when they are able to pay for their own fire department. The Fountain Hills Fire District and its supporters proclaim this funding was a legitimate reason for maintaining the district, even though Fountain Hills is obviously able to afford its own department. It is just as obvious that they were using the precious resources of the fund, siphoning money away from smaller departments for whom the fund was intended. Unfortunately, again, having a large surplus in the bank account was more important to the Board than having adequate engine manning and adequate equipment available to respond to emergencies. When the district announced it was establishing its own department, that, in and of itself, was not a problem. One could argue that getting away from Rural/Metro's ill-advised recommendations was a valid reason to start a department. But, the reality is that the Chairman of the Fire Board stated in a newspaper column the district would continue using the same policies offered by RuraVMetro, plus other even worse operational policies of their own. `%W Time for A Change? Citizens need to understand not so much `what they have" in a fire department, but more importantly, they need to know "what they do not have" in a fire department. The Fire Service has made huge progress in developing the science and form of fire protection. Wise communities get involved and learn what they can do to enhance protection in their cities. The following should assist all Fountain Hills citizens and those who are in positions of responsibility to understand what "they do not have" in a fire department. Definitions: "Mutual Aid" and "Automatic Aid": Mutual Aid: A fire department responds to an emergency and it is determined more resources are needed, which are beyond the department's ability to provide. By prior agreement, other communities can provide additional resources. These actions are not automatic and usually happen late in the operation and upon specific request. In these cases help can be too late for an efficient operation, but this assistance is better than nothing. Automatic Aid: This is a far better agreement than just Mutual Aid (although, both should be in place) and is now being utilized by most communities. An alarm is received and instantly the closest engine companies respond, both from the city in which the emergency is occurring and also, possibly, from a neighboring city. This facilitates faster response times on cities' boarder areas, and it usually allows adequate resources to respond to the scene immediately. In addition, other engines automatically "move up" and position themselves to protect those areas that have sent engines to the original emergency. These same "move -up" engines are now also positioned to respond to the original emergency, if needed. This operation is now used in most urban areas and anywhere else where it can be adapted. By organizing an Automatic Aid system a large pool of resources is made available to each participating department. Theoretically, enough resources are available for any level of emergency in any participating town or city regardless of their size. Municipalities realize that even with their own fully manned units, without this system they may not be able to act rapidly or strongly enough to adequately protect citizens and property. It is important to understand that a municipality not participating in Automatic Aid today is isolating itself and has a greatly reduced capability. Difference between R/M And The Real Fire Service: Municipal System (Phoenix Valley Area): As stated above, there exist an elaborate Automatic Aid system in the valley that provides member municipalities the quickest response to emergencies in their town or city. It is not uncommon to have the first arriving units at an emergency scene originating from more than one municipality. This is due to their being the closest units to the emergency. As the emergency becomes larger, units from many municipalities can be dispatched to the incident, plus "move - ups" are dispatched to vacated fire stations whose engines are assisting. This system takes on the appearance of a county -wide department with all the benefits of many resources available to member departments, while all departments still remain operated and controlled by their own cities. The S sy tem: • There are two main dispatch centers, Phoenix FD and Mesa FD. These centers are hard -wired and electronically connected so that if one center fails, the other can take over dispatching seamlessly. • GPS (Global Positioning System) units are installed on every member department's front- line vehicle. This gives responding units foolproof travel guidance to emergencies in (W unfamiliar communities. It also tells Dispatch where the fire unit is at all times for possible dispatch. • All member cities' fire personnel are trained similarly on the system (usually at Phoenix FD). This ensures the quality of protection is uniform throughout the system. • A control group, "ROCC" (or "Regional Operation Consistency Committee") composed of personnel from all member cities meet and develop operational procedures. Every member department has a manual that outlines common procedures and the committee is responsible for guaranteeing uniform standards of operation among member departments. • All member departments in the system must have four firefighters on an engine. This complies with the most recent Fire Service standards, which address both firefighter and citizen safety. This is not optional, and for a city to avail itself to the system's benefits it must be able to reciprocate in -kind by manning its engines similarly. Rural/Metro System: Rural Metro has Automatic Aid within its own system. Fountain Hills is getting additional engines and ambulances that respond from Scottsdale, even though the manning is not on a par with valley municipal departments. (Regarding the Fire Board's starting its own department, this R/M Automatic Aid from Scottsdale would have disappeared. Since we could not qualify to become a member of the valley system due to the Board's mandated inferior manning policies, we would have had no Automatic Aid. This didn't seem important to the board. This loss would have been potentially disastrous for the town. What Ifs: Scenario #1: Fountain Hills remains with R/M and Scottsdale develop its own department (and subsequently qualifies for and becomes a participant in the valley Automatic Aid system). The question is: "Where does Fountain Hills get its Automatic Aid." Being isolated from any adjacent R/M departments, there would be no meaningful Automatic Aid. We would be forced then to upgrade our manning to four firefighters per engine to get Automatic Aid from Scottsdale even with a private agreement. (This is not a bad thing to do, either.) But that most likely would make it unprofitable to remain with Rural/Metro. Scenario #2• Scottsdale remains in the R/M system, and Fountain Hills gets its own department and joins the valley's countywide system. The question unfortunately is "Where does Fountain Hills get its functional Automatic Aid". We wouldn't get it from R/M in Scottsdale (they don't carry four firefighters on each engine in the R/M system) and we are too isolated to get meaningful Automatic Aid from the countywide system of which we would be a member. Comment: The easy solution is to put our heads in the sand and pretend Automatic Aid is irrelevant. Or we can start investigating what is "out there" in the way of modern advances, current thinking in the Fire Service, and systems that are in place that assist Towns like Fountain Hills. It would appear the best scenario is that both Scottsdale and Fountain Hills have their own departments and join the valley's countywide system. Should this take place, it would be beneficial if both cities started conferencing and developing ideas such as "Joint Powers" agreements or other productive solutions to problems. Failing that, it would benefit us that both Scottsdale and Fountain Hills remain with Rural/Metro, even at the risk of being excluded from a far better countywide Automatic Aid system. What would be disastrous to Fountain Hills is to not be connected to some form of Automatic -Aid system. Through its provincial and myopic view, this is the exact disastrous position in which the Fire Board placed the Town when it unilaterally decided on its own department, without having all the pieces in place. E Law Offices of 0 William E. Farrell, P.L.L.C. Tel (480) 837-5750 William E. Farrell Fax (480) 837-5805 E-mail billfarrellna,gwest.net MEMORANDUM TO: Mayor and Council Acting Town Manager Town Clerk Municipal Judge FROM: William E. Farrell _�*) Town Attorney DATE: June 6, 2002 Building A. 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 RE: Procedure for Selection of Part -Time Special Judicial Officer In the Town of Fountain Hills Magistrate Court Attached to this memo is a one page draft of a procedure for selection of part-time special judicial officers in the Town of Fountain Hills magistrate court. Also, attached are Section 5-2-1 through 5-2-5 from the existing Town Code covering the issues of Presiding Judge, Associate Pro Tem Judge, Substitute Judge, Powers and Duties of the Presiding Judge and Hearing Officers. Council member Nicola has asked for a copy of the Arizona Supreme Court Administrative Order 93-17 and any amendments thereto. Order 93-17 consisting of five (5) pages signed by Justice Feldman on April 8, 1993 is attached and the index to the Supreme Court Administrative Orders consisting of one (1) page showing that 93-17 was replaced by 2000-80. Administrative 2000-80 signed by Justice Zlaket on November 9, 2000 is attached along with Part 1, Chapter 3, Section 305 of the Arizona Code of Judicial Administration consisting of two (2) pages. Judge Shoob will be present to answer any questions the Council my have. 0 Z:\WPDATA\FH\ProcedureMagistrateMEM.wpd PROCEDURE FOR SELECTION OF PART-TIME SPECIAL JUDICIAL OFFICERS IN THE TOWN OF FOUNTAIN HILLS MAGISTRATE COURT PPMose This procedure is adopted to carry out the purposes set forth in Arizona Supreme Court Administrative Order No. 93-17, namely, to establish a procedure for the selection, through an open process, of judges pro tempore in the Town of Fountain Hills Magistrate Court who are highly competent and highly respected and who bring a diversity of background and experience to the bench, to the end that those who seek the aid of the Fountain Hills Court will receive the same quality of justice from the judge whether the judge is regularly appointed or temporarily serving as judge. Qualifications Judge pro tempore shall be attorneys in good standing who have been in practice for at least five years and have served as judge pro tempore in another jurisdiction for at least one year. Selection Openings for the position of judge pro tempore shall be announced publicly in such a manner that all attorneys, including minority and women attorneys, and other qualified persons would be reasonably expected to become aware of the announcement. The announcement shall include the qualifications for the position, an equal opportunity statement, and other information deemed appropriate. All persons possessing the minimum qualifications will be permitted to apply. Applicants shall submit a resume, letters of reference, and other materials as desired to the Fountain Hills Court. The selection committee shall consist of the presiding judge of the Fountain Hills Court, and others as deemed appropriate by the presiding judge. The selection committee will review resumes, letters of reference and other materials as deemed applicable, interview selected applicants and select the person or persons to be recommended to the Town Council for appointment. Prior to a tender of an offer of employment an applicant shall be advised of the ethical restrictions on the practice of law contained in the Code of Judicial Conduct which relate to serve as a judge pro tempore. Successful applicants will be provided with a copy of the Code of Judicial Conduct and Ethics. Successful applicants shall complete the standard application for employment form and any other paperwork as prescribed by the Town of Fountain Hills. Section 5-2-1 Presiding Judge Page 1 of 1 Article 5-2 OFFICERS, POWERS AND DUTIES Section 5-2-1 Presiding Judge The presiding officer of the town municipal court shall be the presiding judge, who shall be appointed by the council for an initial term of two years with subsequent terms of four years with the beginning and end of the term to be specified at the time of appointment. During such term, the judge may be removed only for cause. The presiding judge shall control the calendar, supervise the activities of the court administrator and make all sitting assignments for the pro tem judges. The presiding judge shall serve for such salary or other compensation as the council may determine. The presiding judge shall be an attorney licensed to practice in the State of Arizona, with at least five (5) years experience in private practice or on the bench. (Ordinance 02-03, Amended, 03/21/2002, Prior Text) http://www.ci. fountain-hills.az.usICodes/Town/Fountain_Hills_Town_CodelChapter_51211... 5/30/2002 Section 5-2-2 Associate Pro Tern Judge Page 1 of 1 r LJ A Article 5-2 OFFICERS, POWERS AND DUTIES Section 5-2-2 Associate Pro Tern Judge The office of associate pro tem judge is hereby created. The associate pro tem judges shall be appointed by the presiding judge to serve at the pleasure of the presiding judge and to perform the duties of the presiding judge in the absence of the presiding judge. The associate pro tem judges may serve for such salary or other compensation as the council may determine. (Ordinance 02-03, Amended, 03/21/2002, Prior Text) http://www.ci. fountain-hills.az.usICodes/Town/Fountain_Hills_Town_CodelChapter_5/2/2 ... 5/3 0/2002 Section 5-2-3 Substitute Judge Page 1 of 1 11 �w Article 5-2 OFFICERS, POWERS AND DUTIES Section 5-2-3 Substitute Judge The office of substitute judge is hereby created. The individual serving as justice of the peace in the precinct in which the town hall is located may serve as substitute judge in all cases where the presiding judge and all associate judges are unable or unwilling to act and where requested to so serve by the presiding judge. (Ordinance 02-03, Amended, 03/21/2002, Prior Text) http://www. ci. fountain -hills. az.us/Codes/TownIF ountain_Hi lls_Town_CodelChapter_5/2/3 ... 5/3 0/2002 Section 5-2-4 Powers and Duties of the Presiding Judge Page 1 of 1 Article 5-2 OFFICERS, POWERS AND DUTIES Section 5-2-4 Powers and Duties of the Presiding Judge The powers and duties of the presiding judge shall include: A. The powers and duties set forth and conferred upon the judge under the provisions of the state constitution and statutes, this code and the ordinances and resolutions of the town. B. The keeping of a docket in which shall be entered each action and the proceedings of the court therein. C. The responsibility for setting and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law. D. Payment of all fees, fines, penalties and other monies collected by the court to the town, in accordance with a schedule established by the town manager. E. Submitting a monthly report to the council summarizing court activities for that month. F. Preparation of a schedule of traffic violations, not involving the death of a person, listing specific bail for each violation. G. Serve as juvenile hearing officer if appointed by the presiding judge of the juvenile court for Maricopa County. ® (Ordinance 02-03, Amended, 03/21/2002, Prior Text) http://www.ci. fountain-hills.az.usICodes/Town/Fountain_Hills_Town_CodelChapter_51214... 5/3 0/2002 Section 5-2-5 Hearing Officers Page 1 of 1 14 Article 5-2 OFFICERS, POWERS AND DUTIES Section 5-2-5 Hearing Officers The council may appoint one or more hearing officers to preside over civil traffic violation cases when, in their opinion, the appointment of such hearing officers is necessary to assure prompt disposition of civil traffic violation cases. Hearing officers may hear and dispose of civil traffic violation cases which are appealable to the superior court. Hearing officers shall be supervised by the presiding officer of the town municipal court. http://www.ci. fountain-hills.az.usICodes/Town/Fountain_Hills_Town_CodelChapter_5/2/5 ... 5/30/2002 IN THE SUPREME COURT OF THE STATE OF ARIZONA ) IN THE MATTER OF SELECTION ) ADMINISTRATIVE ORDER OF SPECIAL JUDICIAL OFFICERS ) NO. 93-_7 FILED APR - 9 1993 N^E'_ 02VAINT In accordance with the administrative authority vested in the Supreme Court and the Chief Justice by Article VI, Section 3 of the Arizona Constitution, IT IS ORDERED that the following standards shall govern the selection of all special judicial officers including judges pro tempore, commissioners, hearing officers and juvenile court referees appointed by the chief justice or by any judge or on the recommendation of any judge and that judges responsible for appointing or recommending appointment of special judicial officers shall establish written selection procedures consistent with this order and shall file these procedures with the Clerk of the Supreme Court by August 1, 1993. The procedures for city courts established pursuant to this order shall be consistent with existing provisions of city charters and ordinances. Purpose and Qualifications This order is intended to result in selection of special judicial officers, through an open process, who are highly competent and highly respected by their peers and clients and who bring a diversity of background and experience to the bench. Those who seek the aid of the courts are entitled to the same quality of justice from the judiciary whether the judicial 5 officer is a regularly elected or appointed judge or a person temporarily serving as a judge. Persons applying for judicial office shall be required to meet the minimum qualifications required by law and such special qualifications for the position as may be established by the chief judge, the presiding judge or the chief magistrate. Public Announcement The procedures adopted pursuant to this order shall provide for public announcement of an opening for any judicial position governed by this order. The announcement shall include, at a minimum, the qualifications for the position, an equal opportunity statement and the identity of the responsible chief judge, presiding judge or chief magistrate. The announcement shall be publicized in such a manner that all attorneys, including minority and women attorneys, and other qualified persons within the jurisdiction of the applicable court would be reasonably expected to become aware of the announcement. Application The procedures adopted pursuant to this order shall establish an open application process. Applicants for full-time special judicial office shall be required to complete a written application in which applicants can indicate all aspects of their background, qualifications and experience relevant to the judicial position. Applicants for part-time special judicial 6 office may be required to complete an application or, alternatively, they may be required to submit a letter of application. Applicants shall have the opportunity to submit letters of reference. Applicants shall be advised of the ethical restrictions on the practice of law contained in the Code of Judicial Conduct which relate to service as a special judicial officer. Selection A. Full-time Special Judicial officers Each chief judge, presiding judge and chief magistrate shall establish a selection committee. In appointing that committee, the chief judge, presiding judge or chief magistrate shall be sensitive to representation reflecting the racial, ethnic, gender and political diversity of the community served by that judge's court. Selection committee members shall be required to disclose to each other and to the chief judge, to the presiding judge or to the chief magistrate any cause for bias in favor or against any applicant reviewed. Selection committee members shall be informed that their responsibilities include recruitment of qualified applicants, including qualified minority and women applicants, who may not otherwise apply. The procedures adopted pursuant to this order shall establish a screening process which provides for the selection committee to review applications, interview selected applicants 3 l� and recommend one or more applicants. The screening process may include review of advisory committee recommendations and comment by other judges of the court on which the appointee will serve. • ��- •-RUN Wip-N.-FOUTIM34 Each chief judge, presiding judge and chief magistrate who uses part-time special judicial officers shall adopt a procedure for selecting one or more persons to serve as part-time special judicial officers. This procedure shall include review by the appointing authority or a designated person or committee of applications or letters of application and any letters of reference submitted. Persons selected to serve as part-time special judicial officers shall be assigned to perform specific judicial duties as needed. LTemporary Appointment Procedures adopted pursuant to this order shall allow for appointment of judges pro tempore on a temporary full-time basis without following the adopted selection process and shall provide that the selection process shall be followed before a continuing appointment is made. Education Each chief judge, presiding judge and chief magistrate shall assure that all special judicial officers governed by this order receive orientation and, for full-time special judicial officers, 4 ongoing education appropriate to the special judicial officer's duties and comparable to that received by other judges on the same court. Evaluation Each chief judge, presiding judge and chief magistrate shall provide for periodic evaluation of full-time special judicial officers governed by this order at least prior to the reappointment of each special judicial officer. Evaluation shall be based upon information from both professional and public participants in the legal process. Any complaints received concerning a part-time special judicial officer shall be considered prior to reappointment. 0 1993. DATED AND ENTERED this 8th day of April , STAN G. FELDMAN, CHIEF JUSTICE 5 Administrative Orders - 1993 Pagel of 3 INDEX TO SUPREME COURT ADMINISTRATIVE ORDERS 1993 Back Home Adm._Order No. Date_ Siiane_d 93-01 Designated Post of Duty Robert Levy 12/31/92 93-02 Appointment of State Foster Care Review Board Member 12/31/92 93-03 Fee Waiver Forms and Procedures (Replaced by 97-70) 01/15/93 93-04 In Re Appointment of Member of the Arizona Commission on 01/25/93 Judicial Conduct 93-05 Appointment of Member to Committee on Technology 01/25/93 93-06 Puerco Justice Court Audit 01/27/93 93-07 Appointment of Member to the Committee on Judicial Education 02/17/93 and Training -Willie Masters 93-08 Appointment of Member to the Committee on Judicial Education 02/17/93 and Training -Hon. Susan A. Ehrlich 93-09 Appointment of Member to the Committee on Judicial Education 02/17/93 and Training -Robert A. Castaneda 93-10 Confidential Intermediary Program Administrative Requirements 03/04/93 (Replaced by 93-24) 93-11 Arizona Judiciary Equal Opportunity Policy 03/12/93 93-12 Appointment of H. Stewart Bradshaw as Presiding Judge of the 03/29/93 Superior Court in Yuma County 93-13 Annual Judicial Conference 03/31/93 93-14 Appointment of Member to the Committee on Superior Court 04/01/93 93-15 Appointment of Members of the Judicial Ethics Advisory Committee 04/01/93 93-16 Appointment of Member to the Arizona Judicial Council 04/01/93 93-17 Selection of Special Judicial Officers (Replaced by 2000-80) 04/08/93 Guidelines for Compensation of Attorneys Appointed to Represent 93-18 Indigent Persons in Criminal Appeals in the Court of Appeals and 04/09/93 Supreme Court (amends order dated 9/1/82) 93-19 Educational Policies and Standards 04/14/93 (Supercedes 92-07, Replaced by 93-59) 93-20 Arizona Judicial Council Committee on More Effective Use of Juries 04/14/93 93-21 Supreme Court of Arizona Education Requirement 04/15/93 Appointment of Members to the Committee on More Effective Use http://www.supreme.state.az.us/orders/admorder/1993.htm 5/30/2002 IN THE SUPREME COURT OF THE STATE OF ARIZONA In the Matter of ) ARIZONA CODE OF JUDICIAL ) Administrative Order ADMINISTRATION § 1-305: ) No. 2000-80 SELECTION OF SPECIAL JUDICIAL ) (Replacing Administrative OFFICERS ) Order No. 93-17) The above captioned provision having come before the Arizona Judicial Council on October 19, 2000, and having been approved and recommended for adoption, Now, therefore, pursuant to Article VI, Section 3, of the Arizona Constitution, IT IS ORDERED that the above captioned provision, attached hereto, is adopted as a section of the Arizona Code of Judicial Administration replacing Administrative Order 93-17. ® Dated this 09 day of November, 2000. THOMAS A. ZLAKET Chief Justice ARIZONA CODE OF JUDICIAL ADMINISTRATION Part 1: Judicial Branch Administration Chapter 3: Judicial Officers and Employees Section 305: Selection of Special Judicial Officers A. Applicability. Unless otherwise provided by court rule or code section, the following standards shall govern the selection of all special judicial officers including judges pro tempore, commissioners, hearing officers and juvenile court referees appointed by the chief justice or by any judge or on the recommendation of any chief judge, presiding judge, chief magistrate or justice of the peace. Judges responsible for appointing or recommending appointment of special judicial officers shall adopt written selection procedures and file them with the Clerk of the Supreme Court. The procedures for city courts shall be consistent with existing provisions of city charters and ordinances. B. Purpose. This section is intended to result in selection of special judicial officers, through an open process, who are highly competent and highly respected by their peers and clients and who bring a diversity of background and experience to the bench. Those who seek the aid of the courts are entitled to the same quality of justice from the judiciary whether the judicial officer is a regularly elected or appointed judge or a person temporarily serving as a judge. C. Qualifications. Persons applying for judicial office shall meet the minimum qualifications required by law and such special qualifications for the position as maybe established by the chief justice, the chief judge, the presiding judge or the chief magistrate. D. Procedures. 1. Public Announcement. The judge shall adopt procedures that provide for public announcement of an opening for any judicial position. The announcement shall include, at a minimum, the qualifications for the position, an equal opportunity statement and the hiring authority. The judge shall assure that the announcement is publicized in such a manner that all attorneys, including minority and women attorneys, and other qualified persons within the jurisdiction of the applicable court would be reasonably expected to become aware of the announcement. 2. Application. The judge shall adopt procedures that establish an open application process. The procedures shall require that applicants for special judicial office complete a written application in which they indicate all aspects of their background, qualifications and experience relevant to the judicial position. Applicants shall have the opportunity to submit letters of reference. The judge shall assure that applicants are advised of the ethical restrictions on the practice of law contained in the Code of Judicial Conduct which relate to service as a special judicial officer. 3. Selection. a. Full-time Special Judicial Officers. The judge shall establish a selection committee. In appointing that committee, the judge shall be sensitive to representation reflecting the racial, ethnic, gender and political diversity of the community served by that judge's court. The procedures shall require that selection committee members disclose to each other and to the judge any cause for bias in favor or against any applicant reviewed. The judge shall assure that selection committee members are informed of their responsibility to recruit qualified applicants, including qualified minority and women applicants, who may not otherwise apply. The procedures adoptedpursuant to this section shall establish a screening process which provides for the selection committee to review applications, interview selected applicants and recommend one or more applicants. The screening process may include review of advisory committee recommendations and comment by other judges of the court on which the appointee will serve. b. Part -Time Special Judicial Officers. A judge who uses part -rime special judicial officers shall adopt a procedure for selecting one or more persons to serve as part-time special judicial officers. This procedure shall include review by the appointing authority or a designated person or committee of applications or letters of application and any letters of reference submitted. E. Temporary Appointment. The procedures shall provide for appointment ofj udges pro tempore on a temporary full -rime basis without following the adopted selection process and shall provide that the selection process shall be followed before a continuing appointment is made. F. Education. The procedures shall require that all special judicial officers receive orientation and; for full-time special judicial officers, ongoing education appropriate to the special judicial officer's duties and comparable to that received by other judges on the same court. G. Evaluation. The procedures shall require periodic evaluation of full-time special judicial officers governed by this code section at least prior to the reappointment of each special judicial officer. The procedures shall require that information is obtained from both professional and public participants in the legal process. Any complaints received concerning a part-time special judicial officer shall be considered prior to reappointment. 2 MEMORANDUM TO: HONORABLE MAYOR BEYDLER AND TOWN COUNCILMEMBERS FROM: SUSAN STEIN DATE: JUKE 4, 2002 RE: PARARDISE VALLEY TOWN CODE Council member Nicola asked that we download and distribute the Municipal Court section and the Fire Department section of Paradise Valley's Town Code for your information. 0 , CHAPTER 12 MUNICIPAL COURT Page 1 of 7 IR CHAPTER 12 MUNICIPAL COURT Article 12-1 MUNICIPAL COURT ESTABLISHED; JURISDICTION Article 12-2 OFFICERS, POWERS AND DUTIES 510 12-2-1 Presiding Judge 12-2-2 Associate Judges 12-2-3 Judges Generally 12-2-4 General Responsibilities of the Presiding Judge 12-2-5 Pro Tern Judges 12-2-6 Appointment of Hearing Officers 12-2-7 Court Services Manager and Court Clerks Article 12❑3 PROCEEDINGS OF COURT 12-3-1 Proceedings 12-3-2 Jury Trials 12-3-3 Reimbursement for Jail Costs 12-3-4 Court Administration Fee CHAPTER 12 MUNICIPAL COURT Article 12-1 MUNICIPAL COURT ESTABLISHED; ,JURISDICTION There is hereby established in the Town a Municipal Court which shall have jurisdiction of all violations of this Code, and jurisdiction concurrently with Justices of the Peace of precincts in which the Town is located of violation of laws of the State within the limits of the Town. Article 12-2 OFFICERS, POWERS AND DUTIES 105 119 555 402 441 510 12-2-1 Presiding Judge 12-2-2 Associate Judges 12-2-3 Judges Generally 12-2-4 General Responsibilities of the Presiding Judge 12-2-5 Pro Tem Judges 12-2-6 Appointment of Hearing Officers 12-2-7 Court Services Manager and Court Clerks Section 12-2-1 Presiding Judge 105 119 402 510 A. The chief officer of the Municipal Court shall be the Presiding Judge who shall be appointed by the Council for a term of two years, which term shall end April 1 of all odd numbered years. http://www.ci.par.../m%20CHAPTER%2012%20%20MUNICIPAL%2000URT%202001.ht 6/4/2002 CHAPTER 12 MUNICIPAL COURT Page 2 of 7 During such term of offce, the Presiding Judge shall serve for such salary as the Council may determine. B. There shall be an Associate Presiding Judge who shall be appointed by the Presiding Judge and confirmed by the Council, for a term of two years which term shall end April 1 of all odd numbered years. During such term of office the Associate Presiding Judge shall have and perform any duties as may be assigned by the Presiding Judge. During the term of office, the Associate Presiding Judge shall serve for such salary as the Council may determine. Section 120202 Associate Judges— 105 119510 The office of Associate Judge is hereby created. The Associate Judges shall be appointed by the Council for a term of two years, which term shall end April 1 of all odd numbered years. During such term of office, the Associate Judges shall serve for such salary as the Council may determine. Section 12-2-3 Judges Generally 510 A. The Council shall appoint and may remove for cause, a Presiding Judge and all such additional Judges as the Town Council deems necessary. B. In the event of the death, resignation, suspension, or removal of a Judge, or Associate Judge, the Town Council may appoint a qualified person to fill the vacancy for the unexpired term of office. The manner of selection, and/or reappointment shali be as provided for in this Article, pursuant to Arizona Revised Statutes Section 22-403. C. Each Judge of the Municipal Court shall exercise powers, duties and responsibilities as provided 10) by the constitution and laws of this State, Town ordinances, and the orders, rules, and directives of the Supreme Court of Arizona. D. All Judges of the Municipal Court shall meet the minimum following qualifications: (1) Possess a law degree from an accredited law school and be a member of the State Bar of Arizona in good standing for a minimum period of two (2) years. (2) Have sufficient experience and temperament to preside over the l unicipal Court and continue to meet all qualifications as may be established by the An:-ona Supreme Court or as required by law for such Judges. Section 12020 4 General Responsibilities of the ?residing Judge 105 510 The Presiding Judge shall be responsible for duties including, but not limited to, the following: A. The powers and duties set forth and conferred upon the Court under the provisions of the State Constitution, Statutes, rules and administrative orders of the Supreme Court, this Code, and the ordinances and resolutions of the Town. B. The keeping of a docket in which shall be entered each action and the proceedings of the Court http://www.ci.par.../m%20CHAPTER%2012%20%20MUNICIPAL%2000URT%202001.ht 6/4/2002 CHAPTER 12 MUNICIPAL COURT Page 3 of 7 therein. C. The responsibility for fixing and receiving all bonds and bails and receiving all fines, penalties, fees, and other monies as provided by law. D. Payment of all fees, fines, penalties, and other monies collected by the Court to the Treasurer. E. Submitting a monthly report to the Council summarizing Court activities for that month. Preparation of the Municipal Court's proposed annual budget and presentation of the budget to the Town Council in connection with the Town's annual budget development process. F. Preparation of a schedule of traffic violations not involving the death of a person, listing specific bail for each violation. G. Designation of a Deputy other than a law enforcement officer and a specific location at which the Deputy shall, during hours when the Court is not open, set the amount of bail in accordance with the foregoing schedule and collect such bail, or accept proper bail bonds in lieu thereof, for and on behalf of the Court. H. Presiding over civil and criminal arraignments, hearings, and trials pursuant to Arizona Revised Statute Section 22-402. I. Submitting to the Town Manager, names of members of the State Bar who are available as additional Judges, or Pro Tempore Judges serving terms of greater than six (6) months in any two year period, and assisting the Town Manager in submitting recommendations for appointment to the Town Council. 1#4"" J. Managing the administration of the judicial and internal administrative functions of the Municipal Court as the department head, including the supervision of all judges and administrative staff involved in the operation of the court. R K. Comply with the rules, policies and procedures established by the Town in respect to employment practices, including, but not limited to, hiring, classification, salary administration, performance evaluation, termination, discipline, grievance procedures, overtime, leave time and work hours. L. Adhering to State law and the policies and procedures of the Town in budgeting and expenditure procedures. M. Comply with all Town rules, regulations, policies, and directives of the Town which are not inconsistent with the constitution, State law, Town ordinances, or administrative orders of the Supreme Court. Section 12-2-5 Pro Tern Judges 441 510 The Presiding Judge may appoint Judges to serve on a temporary or "pro tmpore" basis. Such Pro Tem Judges shall not be eligible for compensation or benefits and shall be appointed for a limited term as follows: http://www.ci.par.../m%20CHAPTER%2012%20%20MUNICIPAL%2000URT%202001.ht 6/4/2002 CHAPTER 12 MUNICIPAL COURT Page 4 of 7 A. Individuals meeting the minimum qualifications enumerated in Section 12-=- (d) of this Article may be appointed for terms of up to six (6) months. Pro Tem«.:iges servir _ :� term greate- 'fan six (6) months in a two year period shall be subje::.:o Town C. .ncil appr, r. B. The Presiding Judge or Associate Presiding Judgc -..ay appoint a Suprerr. ourt certified lirr.;_,d jurisdiction Judge for a term of 24 hours as neces: ar)- for Court business. Section 12❑206 Appointment of Hearing Officers 155 419 510 A. The Presiding Judge may appoint Hearing Officers for a term of up to one year, which term shall end April 1 of each year. Hearing Officers shall only preside at hearings of civil violations. B. Hearing Officers must meet qualifications as may be established by the State Supreme Court or as may be required by Statute. Section 12-2-7 Court Services Manager and Court Clerks 510 A. The Presiding Judge shall designate a Court Services Manager.n conformance with the Town's employment polices and practices, who shall be co -custodian of 'he Court records, including all books, papers, and records that are filed with or deposited in the Municipal Court. B. The Court Services Manager shall perform .:, ,ninistrative func-ions as assigned by the Presiding Judge. C. The Presiding Judge may designate such deputy clerks, and other Court staff, as may be reasonably necessary to assist in the performance of duties under this Section, in conformance with the Town's employment policies and practices. Article 12`3 PROCEEDINGS OF COURT 12-3-1 Proceedings 510 12-3-2 Jury Trials 93 510 12-3-3 Reimbursement foi _fail Costs 397 510 12-3-4 Court Administration Fee 484 510 Section 120301 Proceedings A. The proceedings shall be conducted in accordance with the State Constitution, the applicable State Statutes and rules of the State Supreme Court pertaining to Municipal Courts. The proceedings shall also be conducted in accordance with the rules of criminal procedure for the Superior Court, unless otherwise prescribed, and providing this Code and resolutions of the Town are not in conflict therewith. B. The Municipal Court proceedings shall be commenced by complaint under oath and in the name http://www.ci.par.../m%20CHAPTER%2012%20%20MUNICIPAL%2000URT%202001.ht 6/4/2002 CHAPTER 12 MUNICIPAL COURT Pa(Ye 5 of 7 of the State setting forth the offense charged with and such particulars of time, place, person, and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint. ..- C. If the Judge is satisfied that the offense complained of has been committed, the Judge shall issue a summons or a warrant of arrest. Before issuing a summons or warrant of arrest on a complaint, the Judge may subpoena and examine witnesses as to the truth of the complaint. Section 12[13C2 Jury Trials A. The right of trial by jury shall be granted in all cases of such a nature as are triable by jury under the Constitution and laws of the State. B. Each juror for everyday's attendance in the Municipal Court shall be paid a sum fixed by Council. C. The formation and summoning of juries in the Municipal Court shall be done in the same manner as provided for in courts of record. Each juror in the Municipal Court shall be paid by the Town as provided by law. Section 12-3-3 Reimbursement for Jail Costs 397 A. Any person who has been convicted of a misdemeanor offense in the Municipal Court and sentenced to a term of incarceration in the county jail, or any other detention facility authorized by law, must as a part of any fine imposed by the court in connection with the sentencing, be required to reimburse the Town for all or any part of the actual expenses the Town has or will incur to the county or other authorized detention facility because of the incarceration. The maximum amount ordered for reimbursement shall not exceed the number of days the misdemeanant is actually incarcerated in the county jail or detention facility, multiplied by the per diem rate charged to the Town at the time the misdemeanant is incarcerated. B. A person who has been found by the Court to be indigent may not be ordered to pay reimbursement. C. In addition to any other remedies which may be allowed by law, the Town Attorney is authorized to institute civil legal proceedings to recover any fee or expense owing under the terms of this section. Section 12-3-4 Court Administration Fee 397 510 A. A late fee shall be paid to the Municipal Court for the payment of every fine, sanction, fee, restitution or court cost (including sanctions paid by community service hours) that is not paid in full on the date of adjudication. This fee is in addition to the time payment fee required under A.R.S. Section 12-116(A). Exceptions may be made for bond forfeitures to fines when the bond has not been received by the court or when a Defendant is in custody and receives time served. http://www.ci.par.../m%20CHAPTER%2012%20%20MUNICIPAL%2000URT%202001.ht 6/4/2002 CHAPTER 12 MUNICIPAL COURT Page 6 of 7 B. When it is necessary for the court to issue a warrant for arrest in a criminal matter, a fee shall be assessed against the person for whom the warrant is issued at the time the warrant is issued. All or any part of this fee may be waived by the Court if the arrestee is fou ,d to be indigent or waiver of the fee is in the best interest of justice. C. A defendant who defaults in his or her obligation for the payment of monies owed or due to the Municipal Court including, but not limited to, restitution, fines, sanctions, surcharges, assessments, penalties, bonds, costs and fees, is liable for any fees and charges assessed by a collection agency that is licensed pursuant to Title 32, Chapter 9, Article 2, Arizona Revised Statutes, and that is engaged by the Municipal Court to collect and enforce such payment. The collection fees and charges assessed by the collection agency shall be added to the sum or sums due from and chargeable against the defendant. D. A defendant who utilizes the services of a court appointed attorney shall pay a percentage of those costs based on the defendant's financial statement. A Judge may waive all or any part of the fee if the payment of the fee would cause a hardship to the defendant. E. All statutory imposed surcharges or fees shall be collected by the Municipal Court in addition to any fees, penalties, fines, or costs imposed by the Municipal Court judge or hearing officer. F. A deferred prosecution fee shall be imposed for any person placed on diversion, probation, or deferred prosecution programs. A Judge or hearing officer may waive all or any part of the fee if the payment of the fee would cause a hardship to the defendant. G. A fee shall be assessed to any defendant who fails to complete a diversion, probation, or deferred prosecution program by the date ordered by the court, and it is necessary to re -schedule their program. A Judge or hearing -officer may waive all or any part of the fee if the payment of the fee would cause a hardship to the defendant. Section 2: Severability If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. FOOTNOTES 93 Ordinance #197 - 5/27/82 105 Ordinance #210 - 11/10/83 119 Ordinance #229 - 4/25/85 155 Ordinance #274 - 9/24/87 397 Ordinance #397 - 2/23/95 402 G rdinance #402 - 3/23/95 419 Ordinance #419 - 6/13/96 441 Ordinance #441 - 3/27/97 484 Ordinance #484 - 7/8/99 510 Ordinance #510 - 3/8/01 19 http://www.ci.par.../m%20CHAPTER%2012%20%20MUNICIPAL%2000URT%202001.ht 6/4/2002 CHAMER 12 MUNICIPAL COURT Pave 7 of 7 M m �w http://www.ci.par.../m%20CHAPTER%2012%20%20MUNICIPAL%2000URT%202001.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 1 of 31 CHAPTER 13 FIRE DEPARTMENT Article 1301 FIRE DEPARTMENT 13 ❑ 1 ❑ 1 Created; Composition 1311102 Departmental Rules and Regulations 130103 Appointment, Powers and Duties of Chief 1301114 Appointment and Duties of Firemen 130105 Entry Upon Adjacent Property 130106 Equipment 13 ❑ 1 ❑ 7 Providing Fire Protection Outside the Town 1301118 Acknowledgment of Right of Way, Etc. 13 ❑ 1 ❑ 9 Fire Alarms 13 ❑ 1 ❑ 10 Adoption of Uniform Fire Code; Permit Fees; Violation 95 356 509 Article 13-2 PRIVATE FIRE PREVENTION AND CONTROL 407 13-2-1 Definitions 13-2-2 Alternatives 13-2-3 License Required 13-2-4 Obligations of the Default Provider and of Property Owners to the Default Provider 13-2-5 Police Powers 13-2-6 The License Area 13-2-7 Grant of License 13-2-8 Contents of Application for New License, Renewal License, or Default Provider License 13-2-9 Transfers 13-2-10 Fees 13-2-11 Schedule of Payments 13-2-12 Auditing and Financial Records 13-2-13 Rates 13-2-14 Local Business Office 13-2-15 Response Time Requirements 13-2-16 Incident Response Requirements 13-2-17 Manpower Response to Incidents 13-2-18 Fire Apparatus Removal Criteria 13-2-19 Training 13-2-20 Additional Obligations of the Default Provider Licensee 13-2-21 Reports 13-2-22 Subscriber Information 13-2-23 Billing Practices Information and Procedures 13-2-24 Billing and Privacy Complaints 13-2-25 Repealed 466 13-2-26 Distribution of Subscriber Information 13-2-27 Subscriber's Rights to Inspect and Verify Information 13-2-28 Performance Bond 13-2-29 Violation by Licensee 19 19 http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20F ?,E%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 2 of 31 1-3,-�-30 Administrative Hearing 13-2-'�'l By Town Council 13-2-32 Ake native Remedies 13-2-33 Non -En ement 13-2-34 Insurance and�ity 13-2-35 Indemnification by Lie 0 13-2-36 Penalty for Violation CHAPTER 13 FIRE DEPARTMENT Article 13111 FIRE DEPARTMENT 13 ❑ 1 ❑ 1 Created; Composition 130 1 ❑2 Departmental Rules and Regulations 13 ❑ 1 ❑ 3 Appointment, Powers and Duties of Chief 13 ❑ 104 Appointment and Duties of Firemen 1301115 Entry Upon Adjacent Property 13 ❑ 1 ❑ 6 Equipment 13 ❑ 1 ❑ 7 Providing Fire Protection Outside the Town 13 111 ❑ 8 Acknowledgment of Right ❑ of ❑ Way, Etc. 13 ❑ 1 ❑ 9 Fire Alarms 13 ❑ 1 ❑ 10 Adoption of Uniform Fire Code; Permit Fees; Violation 95 356 509 Section 13-1-1 Created; Composition There is hereby created a volunteer Fire Department for the Town, provided, however, that said Department shall not be activated until such time as the Council deems it advisable. This Department shall consist of a Chief, Assistant Chief, and as many firemen as may be deemed necessary from time to time by the Council. In the event the Town enters into a contract with a rural fire protection company or any other fire fighting company or person, the Fire Department shall consist of said company or person and its or his employees and the Council shall appoint a Chief, an Assistant Chief and as many firemen as it deems necessary from the officers and employees from the organization under contract with the Town, and such Fire Department shall be subject to all of the provisions of Chapter 13 of the Code of the Town of Paradise Valley, Arizona, except where the contract specifically provides otherwise. Section 13111 ❑2 Department Rules and Regulations The Fire Department shall be operated and managed in accordance with such departmental rules and regulations as may, from time to time, be adopted by the Council. Section 13 ❑ 1 C 3 Appointment, Powers and Duties of Chief http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 3 of 31 The Chief of the Fire Department shall be appointed by the Manager subject to approval by the Council. It shall be the duty of the Chief to: A. Be accountable to the Town Manager for the personnel, morale and general efficiency of the Department. B. Direct the operations of the Fire Department, subject to the rules and regulations thereof. C. Be present at all fires, if possible, and plan the attack and direct his subordinates. During the progress of a fire, the authority of the Fire Chief in all matters connected with the management or direction thereof, or the disposition of property endangered by it, shall be absolute. All orders issued by him on such occasions must be respected, and any fireman or citizen refusing to obey the same shall be guilty of a misdemeanor. D. Conduct suitable drills or instruction in the operation and handling of equipment, first aid and rescue work, salvage, a study of buildings in the Town, water supplies, and all other matters generally considered essential to good firemanship and safety of life and property from fire. E. Assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the cause, origin and circumstances of all fires. F. Inspect buildings and premises and serve written notice upon the owner or occupant to abate, within a specified time, any and all fire hazards that may be found. For the purpose of conducting such inspection, the Chief is, after reasonable notice to the owner or occupant, empowered to enter any and all buildings and premises within the Town at any reasonable daytime hour. Any person served with a notice to abate any fire hazard or hazards shall comply therewith and promptly notify the Chief of his compliance. G. Keep complete records of all fires, inspections, apparatus and equipment, personnel and other information about the work of the Department. He shall furnish the Council with such information as may be requested, and his records shall be open to inspection by the Council at any time. H. Make a complete annual report, in writing, to the Manager within one month after the close of the fiscal year, such report to include the information specified in Section 13 ❑ 1 ❑ 3 (G), together with �.omparative data for previous years and recommendations for improving the effectiveness of the Department. I. Demote, dismiss, or expel any officer or member of the Department for neglect or refusal to perform Department duties, subject to the right of any members so demoted, dismissed, or expelled to appeal to the Personnel Commission. J. Enforce or cause to be enforced all ordinances, laws and regulations of the Town and State, insofar as they pertain to fire and safetv. K. Appoint an Assistant Chief from the ,: mbership of the Department. Section 13 El 1 E4 Appointment and Duties of Firemen Firemen shall be appointed at such time and in such manner as the Council may deem necessary. http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 4 of 31 Such appointees shall be able❑bodied male citizens residing within the Town limits, preferably property owners within the confines of the Town, and who have telephones in their homes. The firemen shall be subject to supervision by the Fire Chief or the Assistant Fire Chief and shall be accountable to the Chief or his Assistant only. Section 13 ❑ 1 ❑ 5 Entry Upon Adjacent Property It shall be lawful for any fireman acting under the direction of the Chief or another officer in command to enter upon the premises adjacent to or in the vicinity of any building or other property that is on fire for the purpose of extinguishing such fire, and no person shall hinder, resist or obstruct any fireman in the discharge of his duty as herein❑before provided. Section 13 ❑ 1 ❑ 6 Equipment The Department shall be equipped with such apparatus and other equipment as may be required from time to time to maintain its efficiency and properly protect life and property from fire. All equipment of the Department shall be safely and conveniently housed in such a place or places as may be designated by the Council. No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the Department unless accompanied by, or having special permission, of, an officer or authorized member of the Department. No fire apparatus or equipment shall be hired out or permitted to leave the fire station except in response to a call for aid at a fire within the corporate limits of the Town, or in response to a call for aid at a fire in an area eligible for fire protection service or mutual aid under provisions of Section 13 111 ❑ 7. Section 13 ❑ 1 ❑ 7 Providing Fire Protection Outside the Town The Town is hereby authorized to enter into agreements or contracts to furnish or secure fire protection outside the Town or enter into mutual aid agreement. The members of the Fire Department if so authorized are directed to render fire fighting service to communities, organizations, owners or occupants of premises outside the corporate limits of the Town. Such service shall only be rendered subject to the terms of the agreement or contract entered into by the Town. Section 13 ❑ 1 ❑ 8 Acknowledgment of Right of Way, Etc. Each member of the Department driving a car shall be issued a suitable insignia to be attached to the car. All motor equipment of the Department and all motor vehicles of the Department members shall have right of way over all other traffic when responding to an alarm. No unauthorized vehicle shall follow within six hundred feet of any apparatus belonging to the Department, nor park any vehicle within three hundred feet of a fire. No person shall park any vehicle or otherwise cause any obstruction to be placed within seventy❑five feet of the entrance to any fire station or other place where fire apparatus is stored, or within fifteen feet of any fire hydrant, standpipe, or cistern. No person shall drive any vehicle over a fire hose except upon specific orders from the Chief or other officer in charge where the hose is used. http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 5 of 31 Section 130109 Fire Alarms Suitable arrangements or equipment shall be provided for citizens to turn in an alarm, and for notifying all members of the Department so that they may promptly respond. It shall be unlawful for any person to maliciously turn in or cause to be turned in a false alarm. Section 13❑ 1 ❑ 10 Adoption of Uniform Fire Code; Permit Fees-, Violation 95 356 509 (1) (L) The Uniform Fire Code, 1997 Edition, published by the International Fire Code Institute, hereinafter "Code", is hereby adopted as the Fire Code of the Town of Paradise Valley, and with the changes, deletions, and amendments shown in section 13-1-11. The Fire Code is made a part of this chapter the same as though said Code was specifically set forth in full herein. At least Three copies of the Fire Code shall be on file with the Town and kept available for public use and inspection in accordance with A.R.S.§ 9-802. (2) The Town recognizes the Default Fire Protection Provider Licensee as the Fire Department and Fire Marshal and gives them the authority to enforce and interpret Uniform Fire Code requirements, or in the event that the Town shall provide its own or other fire protection device, the Fire Department and Fire Marshal. (3) Except when a different punishment is prescribed, an unlawful act or omission of this Article is punishable as provided for in Article 1-9 of the Town Code. Each day that a violation continues shall be a separate offense punishable as described. 19 Amendments to the 1997 Uniform Fire Code: A. Section 101 is amended by adding subsections 101 4 1 101 4 2 101 4 3 and 101 6 1 as follows: 101.4 Supplemental Rules and Regulations 101.4.1 A fee schedule outlining charges for permits, plans review and other services, which may be amended from time to time, shall be those specified in the Default Provider License Agreement, as provided for in Article 13-2 of the Town Code. 101.4.2 Permits and permittees shall conform to this Code and standards and those regulations and standards as outlined in the Fire Department Guidelines. Permits shall also be in conjunction with other applicable Town Codes and regulations. No permit shall be sold, transferred, assigned or exchanges: any manner without prior approval of the Chief. A permit may be revocable or condition4 101.4.3 The determination of value or valuation under any of the provisions of this Code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire- http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 6 of 31 extinguishing systems and any other permanent equipment. 101.6.1 Conflicting references. When a provision of the 1997 Uniform Fire Code, Volume 2, is in conflict with a provision of the National Fire Protection Association (NFPA) Standards, and the conflict relates to life and building safety performance requirements, the Chief shall have the discretion to determine which provision shall apply. B. Section 103, subsection 103.1.3.1 is added and subsection 103.1.4 is amended as follows: 103.1.3.1 Indemnity. In the event that the Fire Marshal, Town Manager, or the Town Council has authorized alternate materials and methods, or approved significant departures from the standards of this code (hereinafter, collectively, "Code Deviations"), in recognition of practical difficulties or otherwise, the Town may require that the person or entity benefiting from the Code Deviations execute: 1) an Indemnification Agreement, in a form satisfactory to the Town, that releases the Town of Paradise Valley, its agents, and employees, and the Default Fire Protection Licensee, from liability related to the Code Deviations; and 2) a Notice of Indemnification Obligation to be recorded with the Maricopa County Recorder against the property benefiting from the Code Deviations that obligates all successors in interest to the property to complete and fulfill the terms of the Indemnification Agreement. 103.1.4 Appeals. If a person or entity applying for a permit subject to compliance with this Code does not incorporate design recommendations made by the Fire Marshal for fire protection purposes, or contests a decision made by the Fire Marshal on the suitability of alternative materials and types of construction, or on the interpretation of this Code, (hereinafter "decision") a formal written appeal may be made to the Town Manager. The Town Manager may change or alter the decision of the Fire Marshal regarding requirements for issuance of a permit. If said person is aggrieved by the finding of the Town Manager on appeal, said person may, within 30 days of the final decision by the Town Manager, file a written request for an appeal to the Town Council. The Town Manager shall then forthwith transmit to the Council all papers constituting the record, if any, upon which the decision appealed was taken. The Council shall hear and decide the appeal, and shall thereafter affirm, modify or reverse the decision of the Town Manager. C. §§ 202 A — 227 Definitions, are amended by adding the following definitions: The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: CODE or FIRE CODE shall mean the Uniform Fire Code, 1997 Edition as published by the International Fire Code Institute: 5360 Workman Mill Road, Whittier, California 90601-2298. CHIEF means the Chief of the Fire Department. DULY AUTHORIZED AGENT shall mean an individual employed by the Default Fire Protection Provider Licensee, the Paradise Valley Fire Marshal, who has been appointed by the Fire Chief, in writing, to have the authority to enforce and interpret Uniform Fire Code requirements. FIRE DEPARTMENT means the Default Fire Protection Provider Licensee or, in the event that the Town shall provide it's own or other fire protection service, that organization. http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 7 of 31 FIRE DEPARTME`• GUIDELINES shall refer to Fire Department interpretations and applications of the Cc: FIRE MARSHAL Fr- )e the person(s) appointed by the Fire Chief, having the authorit', to interpret, enforce, ar. :nplement the Fire Code and associated standards in the Town of Paradise Valley. NICET means: the National Institute for the Certification of Engineering Technologies, 1420 King Street, Alexander, VA. �,314-2915. NFPA means the National Fire Protection Association TOWN means: the Town of Paradise Valley, Arizona TOWN CODE means: the Town Code of the Town of Paradise Valley, Arizona UNIFORM BUILDING CODE shall mean: the Uniform Building Code as adopted by t Town and as published by the International Conference of Building Officials, Located at 5360 Workman Mill Road, Whittier, California 90601-2298. Exceptions: I. U.F.C. appendices II-B: Tank Protection from Flooding, H-D:Riffle Ranges, IV- A:Hazardous Material Classifications, VI-D: Citation Program are adopted as code. 2. 2. U.F.C. appendix II-F: F'-1-otected Above Ground Tanks for Motor Vehicle Fuel - Dispensing Stations Outside Buildings is deleted from adoption. 3. Fire Department Guidelines. 4. Fee Schedule. D. Section 216-0 Definition of Occupancy Classifications is amended by adding: Group R Division 4 Occupancies. Group R Division 4 Occupancies Division 4. are Residential group care facilities for ambulatory, non -restraint persons, who may have a mental or physical impairment (each accommodating one (1) to ten (10) clients :>r residents, excluding staff). Restraint of any occupants requires a Group I occupancy classification. E. Section 901, is amended by adding subsection 901.4.2.1 and 901 4 2 as follows: 901.4.2.1 Fire Lanes. The Chief may establish fire lanes on public and private property for access and setup, including driveways, easements, and alleyways, for emergency vehicles, equipment, and apparatus. 901.4.2.2 Obstruction of Fire Lane; Penalty. It shall be unlawful for any vehicle, equipment, or device to park in or block the fire lane. Any vehicle, equipment or device, occupied or not, found parked in or blocking a fire lane shall be cited by police or the fire department and removed. F. Section 902, subsection 902.2.2.2.1 is added http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 8 of 31 21 902.2.2.2.1 Temporary Fire Department Access. An approved temporary fire department access roadway shall be provided prior to and during construction of every facility, building or portion of a building, and shall be maintained. 902.4.1 Key boxes. A key box shall be required on all commercial structures that contain off -site monitored fire systems or when required by the Chief. The key box shall be installed in a location adjacent to the main entrance of the structure, 4'-0" to 6'-0" above finished grade. 902.4.2 Key switches. A key switch shall be required on all electric entry control gates. The key switch shall be installed in a location on the gate control panel that is readily visible and accessible. G. Section 903 subsection 903.4.2 is amended by adding subsections 903.4.2.1 903.4.2.2 as follows: 903.4.2.1. Deadends. On cul-de-sacs in residential and commercial developments the maximum distance to a hydrant shall not exceed one half (1/2) of the maximum allowable distance between fire hydrants designated in 903.4.2. 903.4.2.2. Modifications. Subsections 903.4.2 and 903.4.2.1 of this section may be modified by the Chief or designee when features of the area, building construction details or practical difficulties prohibit the enforcement of the Code, provided that the spirit of the Code shall be observed, public safety secured. H. Section 1001 subsection 1001.7.2 is amended and subsections 1001 3 1 1001 3.2 1001 3.3 1001.3.4, 1001.5.2.1 and 1001.7.2.1 are added as follows: 1001.3.1 Plan certification for fire alarms and occupant notification. All fire alarm and occupant notification system plans submitted to the Fire Department for review and approval shall bear a review certification of a minimum level III NICET and a completed certificate of completion. 1001.3.2 Plan certification for fire sprinklers. All fire sprinkler plans submitted to the fire department for review and approval shall bear a review certification of a minimum level III NICET technician. 1001.3.3 Plan certification. Plan certification for all other fire protection systems will be accompanied by a certification of competence when required. 1001.3.4 On -site plans. Plans and specifications shall be submitted to the Fire Department for review and approval prior to construction. One set of fire department approved plans shall be on the job site at all times. 1001.5.2.1 Annual inspection. Sprinkler systems in commercial and multifamily occupancies shall be inspected and tested in accordance with N.F.P.A. Standard 25 and the Fire Department sprinkler guidelines by a contractor with an Arizona State L-16 license. 1001.7.2.1 No parking. A thirty (30) foot wide no parking area directly in front of fire hydrants and fire protection equipment shall be maintained free from vehicle obstructions. http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 9 of 31 I. Section 1003.2.2 ,ll occupancies is amended as follows: 1003.2.2 All occupancies. An automatic �ptinkler system shall be instalic. throughout all levels of all rew Group A, B, E, F. H, I, M, R. ..;id U occupancies of more tha. Zero (0) square feet. In accordance with section 1C _ , written Fire Department Guidelines, and as set in this section. 10) In any building that has a change in occupancy as defined in the Uniform Building Code. Exception: The following accessory structures or activities shall be exempt from fire sprinkler requirements: 1. Gazebos and ramadas for residential and public use. 2. Independent rest room buildings that are associated with golf ,:ourses, parks and similar uses. 3. Guardhouses for residential and commercial developments. 4. Detached carports for residential developments. 5. Barns and agricultural buildings for private, residential, noncommercial use, not exceeding 1500 square feet. 6. Detached storage sheds f-- private, residential, noncommercial use, not exceeding 1500 square feet. 7. Open shade horse stalls of nonce r- oustible construction for private, residential, noncommercial use, not exceeding _`•; �0 square feet and no storage of combustible products, vehicles, or agricultural egL:::):nent. b. Detached : story accessory build::. 7 used as tool and storage shed of no hazardous materials, and not exceeding 120 sqm rc feet. C. Work involving painting, floorin.---. and cabinets or appliances which are not structural in nature. g 1003.2.3 Additions, Alterations, and Repairs. 1003.2.3.1 General. When permits are approved for structural additions, alterations or repairs which are covered by a single building permit or by multiple building permits issued within a twenty-four (24) month period, which permits will permit construction which affects or expands an existing structure by fifty percent (50%) of the square footage of an existing building or structure before the issuance of such permit or permits, such building or structure shall be altered to conform to the requirement for fire sprinklers for new buildings or structures. For purposes of this section, the term "square footage" means liveable space plus garages but does not include enclosed patios. 1003.2.3.2 Partial systems prohibited. In all new additions to existing buildings and structures an automatic sprinkler system shall be installed in accordance with this section. There shall be no partially sprinkled compartments. Sprinkled and unsprinkled parts of a structure shall be separated in accordance with all applicable codes and standards. 1003.2.4 Group R, Division 4. In Group R, Division 4 occupancies, an automatic sprinkler system in accordance with NFPA Standard 13-D, as modified by written Fire Department Guidelines, shall be installed throughout every building. There shall be no sprinkler deletions in bathrooms, closets containing mechanical or electrical equipment, foyers, garages, or accessible areas under interior stairs or landings. http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTFR 13 FIRE DEPARTMENT Page 10 of 31 1003.2.5 Sprinklers. Systems supplied by domestic water shall use quick response residential sprinkler heads with small orifices for low water discharge throughout all occupied areas in accordance with UL listing and written Fire Department Guidelines. J. Section 1007, subsections 1007.2.1.1.1, 1007.2.1.1.2 1007.2.9.2.1.1 1007.2.9.2.1.1.1, 1007.2.9.2.1.1.2, 1007.2.9.2.1.1.3, and 1007.2.9.2.1.1.4, are added as follows: 1007.2.1.1.1 Separate fire alarm system. A separate fire alarm system need not be installed in buildings which are protected throughout by an approved supervised fire sprinkler system conforming to sections 1003 and 1003.2.1 and having a local alarm to notify all occupants. Notification shall be by audio-visual devices in compliance with the National Fire Protection Association. Exception: All manual fire alarm systems shall be eliminated, except Group E, H and I, throughout hazardous and institutional occupancies, and educational occupancies at main fire alarm panel, or as required by the chief. 1007.2.1.1.2 Occupant notification system required. In new Group A, B, E, F, H, I, M, R, S and U occupancies, As defined in the Fire Code and Uniform Building Code, a occupant notification system shall be required and installed. Special corresponding uses shall be per written Fire Department Guidelines. 1007.2.9.2.1.1 Owner Landlord and Occupant Responsibilities. 1007.2.9.2.1.1.1 Devices provided and maintained. In a dwelling unit occupied under the terms of a rental agreement or under a month -to -month tenancy: �w 1. At the time of each occupancy the landlord shall provide smoke detection devices in working condition and, after written notification by the tenant, shall be responsible for replacement; and 2. The tenant shall keep the devices in working condition by keeping charged batteries in battery - operated devices, by testing the devices periodically, and by refraining from permanently disabling the devices. 1007.2.9.2.1.1.2 Written notification. If a landlord or owner did not know and had not been notified in writing of the need to repair or replace a smoke detection device, the landlord's or owners failure to repair or replace the device may not be considered as evidence of negligence in a subsequent civil action arising from death, property loss, or personal injury. 1007.2.9.2.1.1.3 Definitions. In this section, 'dwelling unit,' 'landlord,' `rental agreement,' and 'tenant' have the meanings given in Arizona Revised Statutes. 1007.2.9.2.1.1.4 Records and maintenance. The landlord or owner of any rental property shall inspect all smoke detection devices as required under 1007 annually and a record of all inspections and maintenance activities shall be kept by the landlord or owner and available for inspection upon request by the chief. K. Section 1008 is added as follows: 1008 SMOKE DETECTION DEVICES. http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20F1 E%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 11 of 3.1 1008.1 General. Where required, smoke detection devices shall be installed and maintained in all new and existing dwelling living units, (built, manufactured or occupied) in the town, to include all Group R, Division 1 and Group R, Division 3 occupancies as defined in the Uniform Building Code. L. Section 1102 is amended by adding subsections 1102.6 and 1102 6 1 as follows: 1102.6 Residential Portable Barbecues in Multifamily Occupancies. 1102.6.1 General. A person shall not construct, erect, install, maintain or use any incinerator or barbecue pit or fixed or portable barbecue equipment or so burn any combustible material as to constitute a fire hazard by the use or burning thereof or as to endanger the life or property of any person thereby. In Group R, Division 1 occupancies no person shall place, use or keep individual fixed or portable barbecues on or under any attached covered patios, balconies, covered walkways, stairs or roof overhangs and use shall be located not less than 5 feet from any building or structure, or other combustible material. 1102.6.2 Storage. Storage of barbecues on or under balconies will be allowed in accordance with the written Fire Department Guidelines. Exception: If the fire department receives complaints or suspects the barbecue is being used, the fire department will require the barbecue be removed from the premises. M. Section 1105 is amended by adding subsections 1105.7 and 1105.8 as follows: 1105.7 Permits Required. A permit shall be obtained from the Fire Department by all operators or owners of asphalt or tar kettles at least forty-eight (48) hours prior to starting work on any structure within the Town limits. 1105.8 Fuel Source. The fuel source shall be a minimum of twenty-five (25) (7620mm) feet from the kettle and supported in an upright position during operation of the kettle. N. Section 5201 is amended by adding subsection 5201.6.3.1 as follows: 5201.6.3.1 Unsupervised dispensing of motor vehicle fuel prohibited. Unsupervised dispensing of motor vehicle fuel is prohibited within the entire Town. Exception: Unsupervised dispensing of motor vehicle fuel may be allowed by special permit by the Chief for private commercial use only. Written request and documentation shall be submitted showing compliance with 5201.6.3 and all other applicable Codes and Ordinances. O. Section 5202 subsections 5202.4.6 and 5202.10 are replaced with new subsections 5202.46 and 5202.10, as follows: 5202.4.6 Dispensing inside garages. Dispensing of motor vehicle fuel inside garages is prohibited. 5202.10 Motor vehicle fuel -dispensing stations located inside buildings. Motor vehicle fuel - dispensing stations located inside buildings are prohibited. http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 12 of 31 P. Section 5204.6 Private Fueling -of Motor Vehicles shall be amended to include item 3. (1) Fueling of the vehicle shall be done outside, in a well -ventilated area ten (10) feet from any primary structure and/or fifteen (15) feet from any point of ignition. 0. Section 7701, subsection 7701.7.2 is replaced with new subsection 7701.7.2 and adding 7701.9, as follows: 7701.7.2 Explosive storage limits. The storage of explosives and blasting agents is prohibited within the entire Town, except for temporary storage for use in connection with approved blasting operations provided, however, this prohibition shall not apply to wholesale and retail stocks of small arms ammunition, explosive bolts, explosive rivets or cartridges for explosive -actuated power tools in quantities involving less than 500 pounds of explosive material. 7701.9 Threatening to damage by use of fire or explosives. Any person who willfully makes any threat, or conspires to threaten or conveys false information knowing the same to be false, concerning an attempt or alleged attempt being made or to be made, to kill, injure, or intimidate any individual or unlawfully damage or destroy any building, vehicles or other real or personal property by means of any explosive, blasting agent, or fire, shall be guilty of a misdemeanor. R. Section 7802, Table 7802.3-A is amended as follows: 7802.3-A Minimum Mortar Separation Distances are Modified; Mortar diameters three (3) inches or less up to a maximum of eight (8) inches in diameter shall have an area separation from spectator viewing areas, vehicles and buildings of no less than 650 feet. S. Section 7902, subsection 7902.2.2.1 is replaced with new subsection 7902.2.2.1 as follows: 7902.2.2.1 Locations where aboveground tanks are prohibited. Storage of Class I and H liquids in aboveground tanks outside of buildings is prohibited. Exception: Installations of 2000 gallons or less aggregate quantity may be approved by a special permit issued by the chief. . T. Section 7904 subsection 7904.2.5.5.3 is replaced with new subsection 7904.2.5.5.3 as follows: 7904.2.5.5.3 Tanks for gravity discharge. Tanks with a connection in the bottom or the end for gravity dispensing of flammable or combustible liquids shall not be permitted. U. Table 8204-A shall be amended to include footnote 5.5 as follows: 5.5 . A container less than 125 gallons may be located next to a block fence when the tank is not within 5 feet of a structure on adjoining property. V. Section 9003, Subsection n.2 is replaced as follows: %W Section 9003, Subsection n.2 http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 13 of 31 National Fire Protection Association NFPA National Fire Codes Post Office Box 9101 Batterymarch Park, Quincy, MA 02269, NFPA, National Fire Codes and Standards, the most recent editions in publication at time of ordinance approval. W. Section 9004, is added as follows: 9004 FIRE DEPARTMENT GUIDELINES. 9004.1 General. As amended from time to time with references to National codes. X. Section 9005 is added as follows 9005 GROUP R OCCUPANCIES 9005.1 Group R, Division 4 Occupancies (residential group care facilities) shall meet the following requirements: a. Existing structures with 1 to 5 clients (1) Interconnected smoke detectors shall be installed in all livable areas in accordance with Town of Paradise Valley amended U.B.C. 310.9. (2) Posted evacuation map and emergency procedures, per the Fire Department. (3) Portable fire extinguishers in accordance with U.F.C. Standards. b. Existing structures with 6 to 10 clients and all new structures. (1) Interconnected smoke detectors shall be installed in all livable areas in accordance with the Town of Paradise Valley Building Code. (2) Evacuation map and emergency procedures shall be posted, per the Fire Department. (3) Portable fire extinguishers shall be installed and maintained in accordance with U.F.C. Standards and NFPA Standards. (4) An automatic fire sprinkler system shall be required in accordance with amended U.F.C. Article 10. Article 13-2 PRIVATE FIRE PREVENTION AND CONTROL 407 495 13-2-1 Definitions 13-2-2 Alternatives 13-2-3 License Required 13-2-4 Obligations of the Default Provider and of Property Owners to the Default Provider 13-2-5 Police Powers 13-2-6 The License Area 13-2-7 Grant of License 495 http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 14 of 31 M 13-2-8 Contents of Application for New License, Renewal License, or Default Provider License 13-2-9 Transfers 13-2-10 Fees 13-2-11 Schedule of Payments 13-2-12 Auditing and Financial Records 13-2-13 Rates 13-2-14 Local Business Office 13-2-15 Response Time Requirements 13-2-16 Incident Response Requirements 13-2-17 Manpower Response to Incidents 13-2-18 Fire Apparatus Removal Criteria 13-2-19 Training 13-2-20 Additional Obligations of the Default Provider Licensee 495 13-2-21 Reports 13-2-22 Subscriber Information 13-2-23 Billing Practices Information and Procedures 13-2-24 Billing and Privacy Complaints 13-2-25 Repealed 466 13-2-26 Distribution of Subscriber Information 13-2-27 Subscriber's Rights to Inspect and Verify Information 13-2-28 Performance Bond 13-2-29 Violation by Licensee 13-2-30 Administrative Hearing 13-2-31 By Town Council 13-2-32 Alternative Remedies 13-2-33 Non -Enforcement 13-2-34 Insurance and Liability 13-2-35 Indemnification by Licensee 13-2-36 Penalty for Violation Section 13-2-1. Definitions In this Article the following words shall have the following meanings: 1. "License" means a license issued under the terms of this Article to a provider of fire control and prevention services, including a license as a Default Provider. 2. "Licensee" means a person or entity to whom a License is issued under this Article. 3. "Applicant" means an applicant for a License under this Article. 4. "Default Provider" and "Default Provider Licensee" means a person to whom a License is granted pursuant to this Article which includes the additional obligations and rights of a Default Provider, as set forth below. 5. "Town Contract Administrator' means the person designated by the Town to supervise the administration of the provisions of this Article and of Licenses granted under this Article. http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 15 of 31 6. "Town" means the Town of Paradise Valley, acting through the Town Council or other authorized official. Section 13-2-2. Alternatives 1. The Town Council may elect to require property owners to provide for fire prevention and control by contracting for such service with a private or public provider licensed by the Town pursuant to this Article. This choice is an alternative to the formation of a Town Fire Department formed by the terms of Section 13-1-1. 2. Pursuant to the foregoing subsection, from and after January 1, 1996, all owners of real property within the Town limits shall obtain fire prevention and control service in accordance with the requirements of this Article from a provider licensed by the Town pursuant to this Article, provided that the Town has licensed a Default Provider under this Article 13-2. Property owners who do not obtain such services from another licensed provider shall be liable to the Default Provider licensed by the Town according to the terms and conditions of this Article and of the License granted by the Town to the Default Provider. Section 13-2-3. License Required 1. Any provider of fire prevention and control services to property owners in satisfaction of the obligations of property owners under Section 13-2-2(2) must be licensed pursuant to this Article. 2. A Licensee shall also provide first responder emergency medical service to its subscribers or other property owners to whom it is obligated to provide fire protection service. Such services shall include those medical services that can be provided by fire personnel first responding to the fire or emergency scene call. 3. A Licensee shall also provide ambulance transportation services as regulated by A.R.S. § 36- 2231 et seq. for such compensation permitted by state law. Section 13-2-4. Obligations of the Default Provider and of Property Owner-;_:o the Default Provider 1. A Licensee who applies for and is granted a License as the Default Provider shall have the additional rights and obligations as provided in this Section and in the License, and the property owners shall have the rights and obligations with respect to the Default Provider as provided in this Section. 2. All Licensees other than the Default Provider shall notify the Default Provider of all property owners who have obtained fire protection and emergeni.-, medical services from the Licensee within 10 days of the date the Licensee agrees to provide such services. The Licensee shall be obligated to provide services to such property owners until 30 days after the Licensee has given notice to the Default Provider that the property owner will no longer be provided such service by the Licensee. http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 16 of 31 3. All property owners who do not contract directly with another Licensee for fire protection and emergency medical service and maintain such service must subscribe for such service from the Default Provider under the terms in the Default Provider's License. 4. All Property Owners who are not being provided such service by another Licensee and who are not currently identified by another Licensee pursuant to subsection (2) above as having such service from another Licensee shall be provided such service by the Default Provider, whether or not the property owner has voluntarily subscribed for such services from the Default Provider or is in default for payment for service. Property owners who are required to subscribe but who have not subscribed or who have subscribed but are more than 30 days delinquent in paying for such service from the Default Provider shall be liable to the Default Provider for the following, for which an action may be brought in a court on competent jurisdiction: a. The fees, payable annually in advance, for fire protection service which the Default Provider is permitted to charge to property owners of the same class under the terms of the Default Provider's Licenser for the times when the Default Provider is required to provide service to the property owner under subsection (3) above, and b. The amount of the actual cost (including a reasonable profit) to the Default Provider of providing any service actually furnished, and c. All costs and expenses of litigation, including attorneys' fees, incurred by the Default Provider in any action against the property owner to recover payment of the obligations stated in this Article. d. If the property owner prevails in litigation brought by the Default Provider, then the property owner shall recover all costs and expenses of litigation, including attorney's fees. Section 13-2-5. Police Powers Nothing in this Article or in any agreement awarding a License shall be construed as an abrogation by the Town of any of its lawful police powers. Section 13-2-6. The License Area The area that shall be served under the License shall be the entire area within the corporate limits of the Town of Paradise Valley. The Town may grant a License for the entire Town only and not for a portion or portions of the Town. Section 13-2-7. Grant of License 1. Grant. If the Town grants or renews a License, the License shall create both a right and an obligation to provide the services of fire prevention and control and first responder emergency medical services to those property owners contracting with the Licensee or, in the case of the Default Provider, to all property owners in the Town who have not provided evidence according http://www.cl.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page. 17 of 31 to Section 13-2-4(2) that they have obtained and are maintaining such service from another Licensee. Any License granted under the terms of this Article shall be consistent with federal and state law If there is a conflict between the terms of the License or the terms of this Article and federal law or state statute, federal law and state statute shall control. Any license granted is subject to the general provisions of this Article in effect at the time the License is granted. If there is a conflict between the terms of the License and other Codes and ordinances of the Town, the License shall control, except that the License may not waive the requirements of the other Codes and ordinances of the Town regarding permits, fees to be paid, or manner of operation. 2. Establishment of License Requirements. The Town may establish appropriate requirements for New Licenses or Renewal Licenses and may modify such requirements from time to time to reflect changing conditions or technology. 3. Duration.495 The term of any License and all rights, privileges, obligations, and restrictions pertaining thereto may be from one to six (6) years and shall be as established in the License, unless terminated sooner according to the terms of this Article or of the License. 4. License Non -Exclusive. Any License granted other than a license as a Default Provider shall be non-exclusive. The Town reserves the right to grant, at any time, such additional Licenses as it deems best, provided however, that such additional grants shall not operate to materially modify, revoke, or terminate any exclusive rights previously granted to a Default Licensee. 5. License Applications. Repealed 495 6. Grant Procedure. a. All applications for a new or Renewal License when filed shall be available for public inspection. In not less than 30 days but not more than 90 days after the application is completed, a public hearing shall be held on the application. A decision shall be made by the Town not later than 45 days after public hearings K: ed upon an evaluation of the application, the hearing, and other information that the Town may deem relevant. The Town may grant one or more Licenses, or may decline to grant any License; b. All applications for a renewal License, other than an application for renewal of a Default Provider License, submitted by a Licensee shall be available for public inspection. Applications shall be granted or denied based on: (1) the Licensee is in substantial compliance with the material terms of the existing License and with applicable law; and (2) the quality cat' the Licensee's service, response to subscriber complaints, and billing practices; and (3) the Licensee's financial, legal, administrative and technical ability to provide the 111001 http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 18 of 31 services, facilities, and equipment as set forth in the proposal; and (4) the Licensee's prospect of reasonably meeting the future community needs and interests, taking into account the cost of meeting such needs and interests. c. Applications for renewal of a License as Default Provider shall be granted or denied in the sole discretion of the Town Council based upon which of the qualified competing applications is most advantageous to the Town and its residents. The Default Provider Licensee shall have no right to renewal of it's License upon expiration or termination. Section 13-2-8. Contents of Application for New License Renewal License or Default Provider License Applications for a new License, a renewal License, or a Default Provider License shall include such information as may be requested by the Town Manager, including: 1. The identity of the applicant. This must include the name and address of the applicant, the nature of the business entity or public body, and evidence that the applicant is in good legal standing, where relevant. 2. Evidence that the applicant has the financial, legal, administrative and technical ability to provide the services, facilities, and equipment necessary to meet the requirements and to perform the services required under this Article and under the License. At a minimum, the applicant must meet the following criteria: a. The applicant must have at least five years experience as a provider of fire department services. As used herein, fire department services shall include tactical fire suppression, prevention, and additional support to such services. b. The applicant must have currently, or have maintained for at least five years in the past, a secondary 9-1-1 system answering point including all hardware and computer software necessary for the reception of 9-1-1 calls. The applicant must maintain a computer aided dispatch system capable of establishing a geographic information system based files for the Town of Paradise Valley. d. The applicant must have practical experience in the suppression of wildland fires according to the United States Forest Service and must have currently and continue to maintain an in- house training program providing for the certification of assigned personnel to a minimum of specifications 130-190 of the United States Forest Service. A detailed License proposal stating how the applicant will comply with the requirements of this Article; 4. A Licensee that elects to apply for a renewal process must do so at least six months before expiration of the existing License. Upon receipt of the renewal application, the Council shall publish notice of its receipt. The Council shall review and evaluate the future community needs and interests and Licensee's past performance. The review and evaluation process shall include opportunity for public comment. The process must be completed within 90 days of the receipt of http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Pa-e 19 of 31 Licensee's renewal application. 5. After an opportunity for public comment, the Town Council shall act on the renewal application by Council Resolution. Section 13-2-9. Transfers 1. A License shall not be transferable or assignable except in connection with the transfer of substantially all the operating assets of the licensee used in providing services under the License. Such transfer shall not be made without the consent of the Town, which shall not be unreasonably withheld. 2. The proposed assignee must show technical ability, financial capability, management experience, legal qualifications, and general character qualifications as determined by the Town and must agree to comply with all provisions of the License. Town shall be deemed to have approved a proposed transfer or assignment if the Town does not notify Licensee within 120 days following receipt of written notice of the proposed transfer or assignment and all information requested by the Town that the transfer has been denied. The Licensee shall notify the Town before any change in, or transfer of, control of the Licensee. The word "control" means ownership of 50% or more of voting control of the licensee's governing body, if a private entity. Every change, transfer, or acquisition of control of the Licensee shall make the License subject to cancellation until the Town shall have consented thereto, which consent shall not be unreasonably withheld. To determine whether it shall consent to such change, transfer or acquisition of control, the Town may inquire into the qualifications of the prospective controlling party and the Licensee shall assist the Town in any such inquiry. 4. The consent or approval of the Town Council to any transfer of a License shall not constitute a waiver or release of the rights of the Town in and to the streets, and any transfer shall by its terms, be expressly subordinate to the terms and conditions of a License. 5. The Town may reserve the right of first refusal to purchase a Licensee's System so provided in the License. 6. In no event shall a transfer of ownership or control be approved without the successor in interest becoming a signatory to the License agreement. Section 13-2-10. Fees 1. Application Fee A non-refundable application fee of $3,500.00 from all applicants for a license, or $5,000.00 from an applicant for a Default Provider License. 2. Transfer Fee A non-refundable application fee of $1,500.00 shall be paid to cover the costs of transfer and/or re -issuance of Lenses issued pursuant to this Chapter. 3. License Fee For the purposes of providing revenue with which to defray the costs of administration and regulation arising out of the granting of licenses under this Article, each Licensee shall pay license fees in the amount of $5,000.00 per quarter, payable at the times set forth in Section 13-2-11. http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 20 of 31 Section 13-2-11. Schedule of Payments Licensee shall pay the fees due to the Town for the preceding calendar quarter not later than August 1, November 1, February 1, and May 1. The Licensee must file with the Town not later than the date of each such payment a statement showing the Gross Revenue received by Licensee during the preceding quarter from services provided under the License. Section 13-2-12. Auditing and Financial Records 1. During the term of each License, the Town may, not more frequently than once each year, conduct an audit of the apparatus, equipment, books, records, and accounts of the Licensee. A principal responsibility of the auditors shall be to validate the financial viability of the Licensee. The audit may be conducted by an independent certified public accounting firm retained by the Town, and shall be conducted at the sole expense of the Town. 2. Each Licensee must disclose to the auditor its books, accounts, and all other financial records reasonably necessary to conduct the audit. The Town acknowledges that the source data disclosed to the auditor are proprietary to the License. Section 13-2-13. Rates 1. All rates shall be approved by the Town and stated in the License. 2. The Licensee shall not discriminate in the assessment, levy, charge, imposition or collection of rates on the basis of age, race, creed, color, religion, national origin, gender, marital status, or disability 3. The rates charged by the Licensee shall be directly related to the actual cost of providing fire protection services to owners of three categories of property: a. residential properties, b. vacant land, and c. all others (including but not limited to, commercial, country clubs, churches, schools, resorts and medical clinics). No subscriber in any of the above -mentioned categories shall be charged rates which in the legislative judgment of the Town are not directly related to the actual cost of providing fire protection or which are different from the rates charged to other subscribers in the same category. The Town may from time to time with reasonable notice require the Licensee to explain or defend its rate structure, and may request changes in the rate structure. Section 13-2-14. Local Business Office http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 21 of 3.1 A Licensee shall maintain and operate a business office for receiving inquiries regarding new service, paying bills and receiving complaints, within five miles of the Town's corporate limits. it Section 13-2-15. Response Time ReQuiremer- 1. All response times shall be calculated from the time that the unit goes enroute for each incident. Exception reports will be forwLrded to the Town Contract Administrator monthly for review. 2. The Town shall establish a response time in the License based upon computer modeling; in any event, response time shall be no greater than six (6) minutes or less 80% of the time. 3. Fire units shall be required to ;o enroute to a call within ninety (90) seconds between 0700-2100 hours and one hundred twenty seconds (120) between 2100-0700 hours. Failure to ^;eet these standards shall result in an exception report being submitted to the ToNk - Contract Administrator. Enroute means the period between unit notification and the time unit �k :ieels begin rolling. These standards will be reviewed annually and may be modified by the Town when reasonable. Section 13-2-16. Incident Response Requirements 1. Commercial Assignments Code 3 Multi -unit commercial assignments include, but are not limited to, incidents where fire or smoke is visible or the possibility of large loss life due to: .r� Commercial structural fires Report of explosion or collapse in a commercial building A Licensee shall respond the necessary apparatus to all commercial assignments with a minimum pumping capacity of 2000 gallons of water per minute to all first alarm assignments. 2. Residential Assignments Code 3 Residential assignments include, but are not limited to, incidents where fire or smoke is visible or there is the possibility of loss of life due to: Residential structural fires Report of explosion or collapse in a residential building A Licensee shall respond the necessary apparatus to all first alarm residential assignment with a minimum pumping capacity of 2000 gallons of water per minute on all first alarm assignments. 3. Grade 1 Commercial Code 3 Grade 1 commercial assignments include, but are not limited to, incidents where there is a rep-,,rt, or fire alarm, smell of smoke or gas, or water flow without visible smoke or fire in a commercial structure. http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 22 of 31 A Licensee shall respond the necessary apparatus to all Grade 1 commercial assignments with a minimum pumping capacity of 1000 gallons of water per minute. 4. Grade 1 Residential Assignment Code 3 Grade 1 residential assignments include, but are not limited to, incidents where there is a report, or fire alarm, smell of smoke or gas, or water flow without visible smoke or fire in a residential structure. A Licensee shall respond the necessary apparatus to all Grade 1 residential assignments with a minimum pumping capacity of 1000 gallons of water per minute. 5. Still Assignment Code 3 Single unit response to a report of fire or emergency including, but not limited to: Vehicle Fire Brush Fire Refuse Fire Non -EMS Rescue Person Trapped A Licensee shall respond the necessary apparatus to all Still assignments with a minimum pumping capacity as specified by the United States Forestry Service, Type 6. 6. Emergency Medical Capability Code 3 A Licensee shall respond with a minimum of one piece of apparatus suitably equipped to any Emergency Medical situation. 7. Hazardous Materials Incidents Code 3 Multi -unit or single unit response to a report of unconfined hazardous material situations, including, but not limited to: Fuel Leak Electrical problem Structure collapse Explosion Hazardous Condition or Stand by Gas Leak without fire Bomb threats A Licensee shall respond the needed personnel and equipment to satisfy a report of unconfined hazardous materials. These standards shall be reviewed with the Arizona Department of Public Safety and the Arizona Department of Environmental Quality on an ongoing basis. 8. Service Incidents Code 2 Single unit response to a request for emergency Code 2 service including, but not limited to: Assistance to an invalid Water Problems http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 23 of 3-1 Dangerous Animal Removal Sprinkler activation without Fire Animal Trapped Check odor A Licensee shall respond a minimum of one piece of apparatus to any Service Incident. Section 13-2-17. Manpower Response to Incidents The following shall be the minimum staffing response to incidents within the Town: 1. Minimum personnel for emergency medical service calls will be one fire fighter, emergency medical technician, and one paramedic. 2. Minimum personnel for structure fires will be six on -duty members and one chief officer. 3. Average response of ten Reserve personnel. Exigent circumstances may cause variations in these responses. Any instance where these standards are not met shall be submitted to the Town Contract Administrator for review on an exception report. Section 13-2-18. Fire Apparatus Removal Criteria The primary service area shall be the geographical area within the corporate limits of the Town of Paradise Valley. The non -primary service area may consist of: a. Fountain Hills, b. Scottsdale, c. Unincorporated areas that are on or within the boundaries of Scottsdale, Paradise Valley, Clearwater Hills, Phoenix, Cave Creek and Carefree, d. Salt River Indian Reservation. 2. If there is an emergency in one of the non -primary service areas, the Licensee may move apparatus assigned to the primary service area to a non -primary service area. In such an event, Licensee will maintain the ability to handle a multi -alarm incident, or other emergency calls within the license area, by replacing such equipment from other service areas with similar equipment. Apparatus assigned to the license area may not be removed from the license area for more than eight consecutive hours without the express permission of the Town Contract Administrator. Notwithstanding the foregoing restriction, seasonal apparatus may be removed from the license area after notice to the Town Contract Administrator. Section 13-2-19. Training 1. Licensee will supply a minimum of 240 hours of in service training per year per firefighter. This standard and the courses that make up the total may be reviewed and updated as necessary on an annual basis by the Town Contract Administrator, as reasonable. 2. The in service training program will include, but not be limited to, the following: http://www.cl.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 24 of 31 a. In Service Training. Consists of training on a daily/weekly basis on various subjects. This training may include equipment familiarization, preplanning, tactics, physical fitness and other applicable subjects. b. Probationary Testing. All new fire fighters must complete this program within the first year of employment. It features a series of tests and evaluations on the standard operating procedures of the IFSTA manual. These are administered by the station officers and district chiefs. c. Minimum Company Standards. An evaluation of each company in the Town will be accomplished twice a year under the direction of the district chiefs. A copy of the current standards will be kept on file with the Town Contract Administrator. d. Fire Skills. An annual evaluation will be done on each fire fighter by the district chiefs on the following IFSTA mandated fire ground skills: (i) Hoisting Techniques (ii) Ladder Operations (iii) Salvage Skills Physical Agility Testing. The test will be administered twice a year to all employees. Those not passing will have six weeks to train and retake the test. f. Night Training. Twice annually each Licensee will participate in night drills. These drills will be "practical" in nature and be conducted in a multiple company setting or single company training session. g. Hazardous Materials. The Hazardous Materials Team will meet monthly to refresh and update their techniques and information. They will also be required to drill at least once per quarter with another agency from within the State. Schedules of these exercises shall be made available to the Town Contract Administrator upon request. h. State Fire Marshal School. Each September 12% of the uniformed personnel will be given the opportunity to attend the State Fire Marshal School. A list of those attending, and the program content will be reviewed by the Town Contract Administrator. Incident Management System. All personnel will train in Incident Management (ICS) once a year. Content of course will include: (i) Tactics (ii) Incident Stabilization (iii) Disaster Management j. Reserve/Support Training. All reserve/fire support personnel will be required to participate in eight hours of training per month. These records will be available on request for review by the Town Contract Administrator. 3. Emergency Medical Service training must be in accordance with Arizona Department of Health Emergency Medical Service requirements, pursuant to the terms of the Arizona Administrative Code, Title 9, Chapter 13. http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 25 of 31 Section 13-2-20. Additional Obligations of the Default Provider Licensee 495 1. The Default Provider Licensee shall be responsible to meet the following fire prevention goals: a. Accomplish 100% of all Certificate of Occupancy Inspections as requested. b. Inspect 95% of all commercial occupancies annually, and 100% of all commercial occupancies on a biennial basis. c. Answer requests for inspections within 24 hours, 90% of the time. d. Answer request for inspections within 48 hours 100% of the time. e. Provide inspection as requested of each new residence 100% of the time. f. Provide Certificate of Occupancy Inspection within 24 hours of requested time 99% of the time (work days). g. Fire companies or inspectors will conduct home surveys on request 100% of the time. h. Inspect and flow test every hydrant in the Town annually. Maintain a five (5) day turn around for plan review 98% of the time. j. Develop an annual fire prevention and public education plan. k. Provide CPR courses to citizens and businesses in the community. 1. Provide blood pressure check at all fire stations as crews are available. in. Provide required reports to the Town Council, Boards, Commissions, and Committees on development proposals within ten (10) days. 2. The Default Provider Licensee shall provide fire prevention and control services to Town of Paradise Valley properties without charge to the Town. 3. The Default Provider Licensee may be granted the authority to enforce some or all of the terms of the Uniform Fire Code as adopted by the Town of Paradise Valley. Section 13-2-21. Reports 1. Each Licensee shall file the following quarterly reports with the Town: a. Response Time Performance by Licensee for license area. b. Exception reports. c. Responses out of primary service area. The report shall include the number of apparatus sent http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 26 of 31 to each incident and the total time the apparatus is gone from the primary service area. Responses into primary service area from Licensee's other response areas. d. Total number of incidents responded to in the Town by service type and dollar loss. e. Fire Cause Analysis report of structure fires. f. Report of Fire Prevention Activities. g. Report of estimated water usage for training, fire suppression activities and fire prevention. h. Average response time for each of the stations in the License area. i. If requested by the Town, a response time report that shows the time a call is received by Licensee, time apparatus goes enroute to the call, and time each emergency unit arrives on the scene. 2. Every year the Default Provider Licensee must report on the results of the fire hydrant inspections. (§13-2-20(1)(i)) 3. By July lst of each year of the Default Provider Licensee shall file reports with the Town concerning: a. Public Education Plan. b. Policy and Procedure Manual for training. 4. The License Annual Report shall be filed no later than 60 days after the anniversary date of the grant of license of each year. 5. Every Licensee must make immediate reports to the Town of improper weed control that comes to the attention of the Licensee, as improper weed control is defined by the Uniform Fire Code. 6. Other reports may be requested as deemed appropriate by the needs of the Town. Section 13-2-22. Subscriber Information Licensee shall provide all prospective Subscribers and Subscribers with complete, clear and concise written information, before, or at, the time of service, concerning all services and rates by Licensee. Section 13-2-23. Billing Practices Information and Procedures 1. Licensee shall provide all Subscribers with complete information respecting billing and collection procedures, procedures for ordering changes in or termination of services, and refund policies, upon solicitation of service and before the consummation of any agreement for installation of service. Such information shall be provided to Subscribers in easy -to -understand language. http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 27 of 31 2. Subscribers of any Licensee and Subscribers and property owners to whom the Default Provider must provide services shall be billed annually, with payment required in advance. Fees no! paid within 30 days of billing shall accrue interest at the rate of 10% per annum, compounded annually. Section 13-2-24. Billing and Privacy Complaints Licensee shall establish a procedure for resolution of Subscriber's billing disputes and complaints, including privacy complaints. Licensee shall provide a complete, written description of these procedures to all Subscribers, and the Town, within four months of the execution of the License pursuant to this section. Section 13-2-25. Repealed 466 Section 13-2-1-6. Distribution of Subscriber Information Licensee and its agents or employees shall not provide to any third party, other than the Town, data identifying or designating any Subscriber either by name or address. Section 13-2-27. Subscriber's Rights to Inspect and Verify Information 1. Licensee shall make available for inspection by a Subscriber at a reasonable time and place, all personal Subscriber information that Licensee maintains regarding said Subscriber. 2. A Subscriber may obtain from Licensee a copy of any or all the personal Subscriber info_ Nation regarding him or her maintained by Licensee. Licensee may require a reasonable fee for making a copy. 3. A Subscriber or user may challenge the accuracy, completeness, retention, use or dissemination of any item of personal Subscriber information. Challenges and related inquiries about the handling of Subscriber information shall be directed to the Licensee. Section 13-2-28. Performance Bond I. Each applicant for anew License or renewal License shall file with its application, and maintain in full effect at all times thereafter, a corporate surety bond issued by a surety licensed by the State of Arizona and approved by the Town Council, or such other assurance approved by the Town Council, in an amount equal to $2,000,000.00. 2. Such bond or other assurance shall be maintained always thereafter during the term of the License. 3. Any bond required by this Section and replacements thereof, shall be effective for the entire term of the License and conditioned that in the event the Licensee shall fail to comply with any one or more of the provisions of the License, then there shall be recoverable jointly and severally from http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 28 of 31 the principal and surety of such bond, any damages, delinquent License fees, penalties, compensation and costs of repairing or completing the System and cost of removal or abandonment of property and repair of streets and other public improvements, up to the full amount of the bond; said condition to be a continuing obligation for the duration of the License and thereafter until Licensee has satisfied all of its obligations that may have arisen from the acceptance of the License, or from the exercise of any privileges thereunder. The surety bond shall provide that the obligations of the surety shall not cease for any reason until 30 days after receipt by the Town of written notice of cancellation, or intent not to renew. 4. Neither the provisions of this Section, nor the terms of any bond accepted by the Town, nor the recovery of any damages under the bond, shall be construed to excuse faithful performance by the Licensee or to limit the liability of the Licensee for damages. Section 13-2-29. Violation by Licensee 1. If the Town gives the Licensee written notice that the Town believes Licensee violated any material provision of the License, the Licensee shall within 30 days of receipt of written notice from the Town: a. Advise the Town in writing if the Licensee contests the Town's assertion of violation and shall provide such information or documentation as may be necessary to support Licensee's position; or b. Cure any such violation and provide written evidence of the cure, or, if the Violation cannot be cured within such 30 day period, take all necessary steps to cure the violation and diligently continue such efforts until said violation is cured. Licensee shall report to the Town, in writing, at 30 day intervals as to Licensee's efforts, indicating the steps taken by Licensee to cure said violation and reporting Licensee's progress until such violation is cured. 2. In the event that Licensee contests the Town's assertion of violation or fails to respond to the Town's notice of violation, within 15 days the Town shall convene hearings in accordance with the procedures set forth in Section 13-2-30. Section 13-2-30. Administrative Hearin 1. An administrative hearing must be conducted by the Town Manager, unless Licensee waives such administrative hearing in writing, whereupon a hearing before the Town Council as provided for in Section 13-2-31 shall be held. This shall be a public hearing, and Licensee shall be afforded an opportunity to be heard and to present evidence. Within 15 days after such hearing, the Town Manager shall issue a determination. In that determination the Town Manager may: a. find that Licensee is not in violation of the terms of the License; b. find that the Licensee is in violation, but that such violation was with just cause and waive any sanction that might otherwise be imposed; c. find that Licensee is in violation of the terms of the License, take corrective action and foreclose on all or any appropriate part of the surety provided pursuant to Section 13-2-28 to http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Paize 29 of 3 i pay the cost thereof; d. find that Licensee is in violation of the terms of the License and impose a penalty of up to $100.00 per day for each day the violation continues; led in the case of a material violation recommend that the Town Council declare the Licensee in violation and terminate the License, provided that the Town Council may take action on any such recommendation only after a public hearing as set forth in subsection 13-2-30. 2. If the Town Manager determines that Licensee has committed a violation, the determination shall be accompanied by a statement of reasons for the determination, including findings of fact. 3. The Town Manager's decision shall become final unless Licensee requests a public hearing before the Town Council within 15 days of its receipt of the Town Manager's statement of reasons and findings of fact. Section 13-2-31 By Town Council If a public hearing before the Town Council is reque ited by Licensee or if held pursuant to Section 13-3-30, it shall be de novo and it shall convene wit ,.n 30 days of the request therefor. All witnesses shall be sworn and shall be subject to cross-examination; however, formal rules of evidence shall not apply. The Town Council's decision shall be made not later than 45 calendar days after the hearing. In that decision, the Town Council may: 1. Find that Licensee is not in violation of the terms of the License; 2. Find that Licensee is in violation but that such violation was with just cause and waive any penalty that may otherwise be imposed; 3. Find that Licensee is in violation of the terms of the License, take corrective action and foreclose on all or any appropriate part of the surety provided pursuant to Section 13-3-27 to pay the cost thereof; 4. Find that Licensee is in violation of the terms of the License and impose a penalty of up to $100.00 per day for each day the violation continues; 5. In the case of a material violation of the License declare the Licensee in violation and terminate the License. Section 13-2-32. Alternative Remedies No provisions of this Article shall be deemed to bar the right of the Town or the Licensee to seek or obtain judicial relief otherwise available to it. Neither the existence of other remedies identified in this Article nor the exercise thereof shall be deemed to bar or otherwise limit the right of the Town or the Licensee to recover monetary damages or judicial enforcement of the Licensee's or the Town's obligations by means of specific performance, injunctive relief or mandate, or any other judicial remedy at law or in equity. http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 30 of 31 Section 13-2-33. Non -enforcement A Licensee shall not be relieved of any obligation to comply with any of the provisions of the License or any rule, regulation, requirement or directive promulgated thereunder by reason of any failure of the Town or its officers, agents or employees to enforce prompt compliance. Section 13-2-34. Insurance and Liability 1. Upon the execution of a License, a Licensee shall file with the Town, and maintain in effect throughout the term of the License, insurance policies issued by an insurer licensed to conduct business in the State of Arizona, insuring with respect to the operation and maintenance of the System, comprehensive general and automobile liability coverage, including but not limited to: a. blanket contractual liability, b. completed operations liability, c. broad form property damage endorsement, including but not limited to, coverage for explosion, collapse and underground incidents, and d. automobile non -ownership liability. The Town expressly reserves the right to modify any insurance and liability requirements when it deems such action necessary to protect the public interest and welfare. 2. This insurance shall include coverage which meets or exceeds the following minimum amounts, or exposure to loss: a. For bodily injury, including death, in the amount of $2,000,000 combined single limit; b. For property damage in the minimum amount of $1,000,000; Comprehensive automobile liability for bodily injury of $2,000,000 combined single limit; d. Excess umbrella liability in the amount of $7,000,000 in excess of underlying coverage; and e. Worker's compensation coverage as required by the laws, rules and regulations of the State of Arizona. 3. Any insurance policy obtained by Licensee in compliance with this Section shall include the Town as an additional insured, shall be primary, and must be approved by the Town Risk Manager/Town Attorney. Such insurance policy shall be filed and maintained with the Town during the term of the License, and may be changed from time to time to reflect changing liability limits. Licensee shall immediately advise the Town of any litigation that would affect this insurance or reduce the amount of coverage. Any insurance or self -insured coverage carried by the Town shall be excess coverage and not contributory insurance to that provided by a Licensee. 4. Neither the provisions of this Section nor any damages recovered by the Town thereunder shall http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 CHAPTER 13 FIRE DEPARTMENT Page 31 of 31 be construed to limit the liability of Licensee to the Town for damages. 5. All insurance policies shall contain the following endorsement: "This insurance policy may no; be canceled by the insurance carrier, nor may the insurance carrier fall in renew this policy until thirty (30) days after receipt by the Town of Paradise Va:—ty of the insurance carrier's written notice of its intention." 6. Licensee shall be solely responsible for all premiums due and payable with respect to the insurance coverage required. 7. All deductible amounts applicable to liability insurance coverage must be approved by the Town. 8. Licensee may self -insure the above -described policy coverage if Licensee or its parent is of sufficient financial standing to reasonably provide such insurance. A Licensee that elects to self - insure shall file with the Town a Certificate of Insurance as specified by the Town. Section 13-2-35. Indemnification by Licensee Each Licensee shall, at its sole expense, fully indemnify, defend, an,: old harmless the Town, and in their respective capacities, the officers, agents, and employees of the own, for, from, and against any and all claims, suits, actions. Viability and judgments for damages for a: -Lual or alleged injury to persons or property, includin:� loss of property due to an occurrence, whether or not such property is physically damaged or destroyed, wherein such injury or loss arises in whole or in part through the acts or omissions of the Licensee or of the Town, of their officers, agents, employees or contractors in connection with fire protection and emergency medical service. Such indemnification, however, shall not be construed to include liability or loss arising out of actions of Town police officers acting in the course and scope of their employment. Nothing herein shall be deemed to prevent the Town from participating in the defense of any litigation by its own counsel at the Licensee's sole expense. Such participation shall not under any circumstances relieve the Licensee from its duty of defense against liability or of paying any judgment entered agains -''own, or its officers, agents and employees. Section 13-2-36. Penalty for Violation Any person found guilty of violating any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed two thousand five hundred dollars ($2,500). FOOTNOTES 95 Ordinance #199 ❑ 01/27/83 356 Ordinance #356 - 06/24/93 407 Ordinance #407 - 09/07/95 466 Ordinance #466 - 08/27/98 Repealing Section 13-2-25 495 Ordinance # 495 - 02/10/00 509 Ordinance # 509 - 11/16/00 19 http://www.ci.paradise-vall.../n%20CHAPTER%2013%20%20FIRE%20DEPARTMENT.ht 6/4/2002 FOUNTAIN HILLS FIRE DEPARTMENT 16426 E Palisades Fountain Hills, AZ 85268 (480)837-9820 (480)837-6167 fax To: Roy Pederson Town Manager From: Scott La Greca Fire Chief Date: May 31, 2002 Subject: Fireworks This morning I surveyed the Town washes and arroyos in general and the potential fall out areas (based on the past six years) around Fountain Park in particular. As expected all areas are extremely dry. I must complement the Street Department for their effort to keep the road easements clear of flash fuels. Fall -out Areas I found the Colony Wash branch, which borders Puerto del Lago and Morningside communities to have extremely dense post clearance growth, with numerous structures within potential flame reach. The Lakeside community and a SRP sub -station border the main Colony Wash, which is also a potential risk area. The Diamante del Lago community has one very dry wash that would also need oversight and protection. Wash's and Arroyo's The dry condition of the Town's open space leaves the land vulnerable to potential fall- out from the expected use of illegal fireworks. Should this occur the fire department would have to re -deploy our assets from Fountain Park, which would delay or cause the show to be cancelled? Action Due to the above stated concerns, I believe the potential risk present this year far outweighs the enjoyment our community receives from this annual event. Therefore, in the interest of the overall safety of our community, I have instructed the Fire Marshal not to issue a permit for the Annual Fourth of July Fireworks Show. Should you need further information, please call. �1071 1" FOUNTAIN HILLS FIRE DEPARTMENT FIRE PREVENTION 16836 E Palisades, Bldg. C Fountain Hills, AZ 85268 (480) 816-5139 (480) 837-1404 fax *ANN- WZ FIRE DEPT. June 6, 2002 Mr. Roy Pederson Town Manager Town of Fountain Hills 16836 E. Palisades Blvd., Bldg A Fountain Hills, AZ 85268 Dear Mr. Pederson, On May 31 St, I surveyed the Town washes and arroyos in the designated fall -out areas for the July 4th aerial fireworks show. These fall -out areas were determined from the history of having the show in the same location over the years and understanding the wind direction pattern from previous shows. Upon completion of this survey, I issued a letter to you stating the Fire Department concerns from the very dry conditions and stated that I had instructed the Fire Marshal not to issue a permit for the July 41h fireworks shoot. That decision prompted discussion from Town and community leadership and a request that the decision be reconsidered and/or what other options may be acceptable to the Fire Department under the current dry desert conditions. Although I still feel that the use of aerial fireworks will pose a particularly high fire risk this year, discussion with the Fire Marshal has produced a possible second option under the following guidelines. 1) Fall -out from the aerial shells shall fall within the Fountain Park boundaries. Due to the shoot site position, this will mean that the largest shell size allowed will be 3" in diameter. This shell size requires a 280' diameter circle around the launch site. That distance guideline is based on windless conditions, which historically do not happen during the summer months in Fountain Hills. 2) The Fountain Hills Fire Department shall have the final determination if the show will be produced due to any weather related developments. 3) Should other emergency responses within the Town deplete the Fire Department resources on site at the Park, the show shall be delayed until sufficient Fire Department resources are available or cancelled if an extensive delay is apparent. 4) Due to the wind effect created by the running of the Fountain, the Fountain shall not be run during the shooting of the fireworks aerial display. Page 2 5) The Fire Chief has full and final authority to delay, postpone or cancel the aerial shoot based on public safety concerns. As a point of reference, the Fountain Hills High School graduation on May 25`h, had an aerial fireworks show using 2 %" shells with a 140' fall -out area. Some of the fall -out from these 2 '/2" shells landed outside the fall -out area and started a small brush fire. Dry desert conditions have only gotten worse and with the summer evening winds, the probability of hot shell casing pieces landing outside the fall -out area is high. However, should the Town Council of Fountain Hills decide that the July 4`h aerial fireworks show should continue under the above guidelines, rest assured that the Fountain Hills Fire Department will prepare and man appropriately to provide the Town and the citizens with the utmost of service and fire protection. Our only other thought is that the Town considers a non -pyrotechnic celebration. R pectfully, Scott LaGreca Fire Chief