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HomeMy WebLinkAbout2002.0905.TCREM.Packeto � a o. a a �• 'VST 1969 �'hat is NOTICE OF REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Jon Beydler Councilman Rick Melendez Councilman Mike Archambault Vice Mayor Leesa Fraverd Councilman John Kavanagh Councilwoman Kathy Nicola Councilwoman Susan Ralphe WHEN: THURSDAY, SEPTEMBER 5, 2002 TIME: 5:00 P.M. (the Council will meet in executive session from 5:00 to 6:30 p.m. at which time the regular session will begin) WHERE: COMMUNITY CENTER 13001 NORTH LA MONTANA DRIVE 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 t' !lowing rules of order if you wish to speak: ,d.) All citizens wishing to speak must first be recognized by the Mayor. 2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3.) Please stand, approach the microphone and state your name and address after being called on to speak. 4.) All comments must be directed to the Mayor. 5.) TIME LIMIT — THREE (3) MINUTES PER PERSON PER ITEM. 6.) Statements should not be repetitive. 7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. CALL TO ORDER AND ROLL CALL — Mayor Beydler 1.) Pursuant to A.R.S. §38-431.03.A.4, AND A.R.S. §38-431.03.A.1, 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, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation, specifically mediation and appeal in Hoffman/Robinson/Knapp vs. Town, et al.; AND for discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that with the exception of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a public meeting. The public body must provide the officer, appointee or employee with such personal notice of the executive session as is appropriate but not less than 24 hours for the officer, appointee or employee to determine whether such discussion or consideration should occur at a public meeting. (The Council will discuss candidates for the town attorney position). �1-2.) RETURN TO REGULAR SESSION Town of Fountain Hills Page 1 of 3 Last printed 09/04/02 4:46 PM CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Beydler INVOCATION — Pastor Don Lawrence, Christ's Church ROLL CALL CMAYOR'S REPORT: - The Mayor will provide an update on the September 11 ceremonial plans. Consent Agenda: All items listed with an asterisk (`) are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. *1.) Consideration of APPROVING THE MEETING MINUTES of August 12 and 15, 2002. *2.) Consideration of the SPECIAL EVENT REQUEST submitted by the Chamber of Commerce for Oktoberfest 2002 scheduled for October 11, 12 and 13 in Fountain Park. Although traffic calming measures will be taken on Saguaro Boulevard from El Lago to Palisades, no street closures will be required. *3.) Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by the Chamber of Commerce in conjunction with the Oktoberfest event scheduled for October 11, 12 and 13 in Fountain Park. *4.) Consideration of APPROVING THE RENEWAL of the Annual Slurry Seal contracts with Southwest Slurry Seal. * 5.) Consideration of an INTERGOVERNMENTAL AGREEMENT between the Town of Fountain Hills and the Maricopa County Superior Court for the services of an AZTEC trainer to train staff on the new domestic violence module as well as an upcoming software upgrade. *6.) Consideration of ACCEPTING A BRONZE STATUE created and donated by Dr. Russo commemorating the fireman and police officers of September 11. 7.) Consideration of APPROVING THE AGREEMENT OF SETTLEMENT AND GENERAL RELEASE between the Town of Fountain Hills Arizona Municipal Property Corporation and Town of Fountain Hills, Arizona; BNY Western Trust Company, and Merrill Lynch & Co., Inc, Merrill Lynch Money Markets, Inc., Merrill Lynch Government Securities, Inc., and Merrill Lynch, Pierce, Fenner & Smith Incorporated. 8.) Discussion with possible action on ESTABLISHING INSURANCE REQUIREMENTS for the town attorney and town prosecutor. 9.) Consideration of ORDINANCE 02-13 amending the Town Code, Chapter 12, Article 12-2, Traffic Control, Section 12-2-12, Commercial Vehicles Prohibited on Certain Streets, by adding a section of Technology Drive and Golden Eagle Boulevard as truck routes; by deleting a section of Technology Drive, Saguaro Boulevard, and Laser Drive as truck routes; and by adding Eagle Ridge Drive and Sunset Vista Drive as Town entrance/exit locations for through trucks. 10.) Discussion with possible action regarding MEDIATION. (This item was continued from the August 15, 2002 Council meeting.) 11.) Discussion and possible action on a MOTION TO HIRE A SETTLEMENT ATTORNEY for purposes of reviewing a proposed Settlement Agreement involving Hoffman/Robinson/Knapp V. Town of Fountain Hills. (This item was continued from the August 15, 2002 Council meeting.) Town of Fountain Hills Page 2 of 3 Last printed 09/04/02 4:46 PM 12.) Discussion and possible action on a MOTION TO AUTHORIZE THE APPEAL of a portion of the ruling in the case known as Knapp V. Town of Fountain Hills. (This item was continued from the August 15, 2002 Council meeting.) �%wg3.) Discussion of AN ETHICS POLICY for the Town of Fountain Hills with possible direction to staff to draft a document for Council consideration. 14.) Discussion and possible action on the COMMUNITY CENTER PROPOSED RATE CHANGES. 15.) Discussion and possible action on RESOLUTION 2002-35 amending the Personnel Policies and Procedures for the Town of Fountain Hills by amending Chapter 3, Pay Plan. 16.) Consideration of APPOINTING a new town attorney. 17.) 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. DATED this 4e day of September, 2002 LA/1/L- � Cassie B. Hansen, Director of Administration/Town The Town of Fountain Hills endeavors to make all public meetings accessible to persons with sabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the eeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. L Town of Fountain Hills 1 Page 3 of 3 Last printed 09/04/02 4:46 PM September 3, 2002 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRA ON Date: 9/3/2002 Re: ADDITIONAL MATERIALS FOR 9/5/02 As mentioned in Sintra's activity report last Friday, staff is attempting to collect the remaining materials for Thursday night's meeting. This packet contains the following: - An endorsement by Marshal Tate for the Oktoberfest special event request. - A memo from Bill regarding possible law firms for settlement counsel consideration. - A confidential letter from Gust Rosenfeld and draft Settlement Agreement. Both documents are stamped confidential. We are still waiting for a memo from legal counsel regarding the BNY Agreement of Settlement. It will be forwarded to the Council upon receipt. Agenda Materials 9/5/02 Page 1 of 1 Last printed 9/3/2002 4:21 PM 9/3/2002 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATI N Date: 8/30/2002 Re: AGENDA ITEM #2 — OKTOBERFEST SPECIAL EVENT REQUEST AGENDA ITEM #3 — CHAMBER SPECIAL EVENT LIQUOR LICENSE AGENDA ITEM #2 — OKTOBERFEST SPECIAL EVENT REQUEST The Fountain Hills Chamber of Commerce has submitted a special event request for Oktoberfest 2002 to be held in Fountain Park on October 11, 12 and 13. Times of the event are as follows: Friday, October 11 Saturday, October 12 Sunday, October 13 5:00 P.M. to 10:00 P.M. 11:00 a.m. to 10:00 p.m. 11:00 a.m. to 6:00 p.m. Structured like last year, the event will include authentic German music, food, beer and youth activities. The entire event area in the park will be fenced to insure compliance with the liquor laws. Two officers will be present at all times in the event area. Although the application shows a street closure on Saguaro, staff has proposed an alternative traffic plan that would minimize vehicular interruption and citizen inconvenience. Saguaro will remain open but reduced to one lane each way from El Lago to Palisades. The speed limit in this area will be reduced from 35 to 25 mph and appropriate signage will be placed prior to El Lago and Palisades alerting motorists that they are entering an event area. Temporary stop signs will be placed at the Avenue of the Fountains/Saguaro intersection and an officer will be present Friday and Saturday evenings. Staff feels that the combined traffic precautions should adequately handle the anticipated event attendance (3,000 Friday, 5,000 Saturday, 2,000 Sunday) and provide residents with uninterrupted access through the down town area. If, at any time during the event, the Town Marshal feels that an unsafe condition exists, Saguaro will be completely closed and traffic re-routed to La Montana. The Town Marshal, Fire Marshal, and Street Superintendent feel comfortable that this plan will provide for pedestrian and vehicular safety and maintain the flow of traffic as well. A certificate of insurance will be forthcoming prior to the event. A signage plan has been submitted with the application and the applicant has applied for a park permit. The Chamber is in the process of obtaining written permission from MCO Properties for the use of the dirt lots east of the Community Center for additional parking. Staff recommends approval. k Page 1 of 2 September 5, 2002 Agenda Items Last printed 8/30/2002 4:45 PM 8/30/2002 August 30, 2002 AGENDA ITEM #3 — SPECIAL EVENT LIQUOR LICENSE FOR OKTOBERFEST The Chamber of Commerce has submitted an application for a special event liquor license in conjunction with the Oktoberfest event discussed in the last agenda item. To insure compliance with the state liquor laws, the Chamber will train their workers, provide the wrist band system to control consumption, and obtain liquor liability insurance. The entire event area will be fenced with security personnel posted at the gates, insuring that all alcohol stays within the controlled area. Staff recommends approval. E 17t 2 FOUNTAIN HILLS MARSHALS MEMORANDUM To: Cassie Hansen, Director of Administration From: Todd Tate, Interim Marshal `r, Date: 09-03-02 Subject: Special Event Request - Oktoberfest The purpose of this memorandum is to provide an endorsement of the special event request from the Fountain Hills Chamber of Commerce for the Oktoberfest event on October 11t', 12`}', and 13''. It is my understanding that this is scheduled for the Council agenda on September 5t'. Background: In meeting with representatives from the Chamber of Commerce as well as town staff involved in the event, they envision using a 60x180 stage and various 1Ox10 tents in Fountain Park with adjacent booths, storage containers, lighting, generators and support vehicles. As in the past, the entire location will enclosed with fencing to restrict access. As planned, the event will commence on the evening of October 11`i' and conclude on the evening of October 13t'. Food and beverages will be available along with entertainment designed to make this a family event. The organizers do plan to have alcoholic beverages under a class 15 special event license which they have already submitted. Accordingly, provisions have been made for controlled access, proof of age, and security. Traffic and Parking_ As planned, this year pedestrian safety will require restriction of Saguaro Boulevard to one lane in either direction from roughly El Lago Boulevard to Palisades Boulevard. Speed limit restrictions will be posted, slowing speed from 35 MPH to 25 MPH. In addition, there will be four way stop signs erected at the intersection of Saguaro and Avenue of the Fountains. A Marshals Department officer will be helping hold traffic for pedestrian crossing on Friday and Saturday nights from 7 to 10 PM. Pedestrians will be protected at the intersection by the stop signs and illumination provided at the southwest corner of the intersection. Public parking will be in the lots north of Avenue of the Fountains and on public streets in the vicinity. Security Provisions: The Marshals Department will be providing off -duty officers for pedestrian crossing at Saguaro Boulevard and Avenue of the Fountains, the event entrance, and locations where alcohol is being served. In addition, an officer will be utilized for overnight security. Recommendation- This event has a potential benefit to the community in terms of providing family oriented activities and positive exposure for Fountain Hills. It can be accomplished with simple lane restrictions and a four way stop. Given the Chamber of Commerce record for incident -free events, I recommend approval by the Council at their September 5t' meeting. 9 Special Event Permit Application Town of Fountain H, Office of the Town Clerk, Special Event Coordin, P.O. Box 17958, 16836 E. Palisa, Fountain Hills, AZ 8526 Phone: 480-837-2003 Fax:480-837-3145 Date of Application: U -5,_0 Z Permit Application #: Please complete the following information and return to the attention of the Office of the Town Clerk — Special Event or fax the application to 480-837-3145. The appropriate application fee must accompany the application to be processed. (For fee schedule, please see Section 11.) I Attach an area site plan of the event showing locations of all that are applicable: stages, street closure requests, sidewalk or right-of-way closure requests, starting or terminating points, liquor locations, security positions, port -a -johns, tents, etc. Major Event applications must be submitted to the Town Clerk's office no later than (90) ninety days prior to the event in order to be considered for scheduling on the special event calendar (January 1 through December 31). Applications will not be accepted less than (90) ninety days prior to the event. Incomplete applications and applications not ` accompanied with the appropriate fees, will not be processed. Minor Event applications must be submitted to the Town Clerk's office no later than (30) thirty days prior to the event. Applications will not be accepted less than (30) thirty days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. NOTE: Holiday Sales (related to a state or nationally recognized holiday or seasonal event) must be set up and conducted in one location and obtain a Use Permit through the Community Development/Planning and Zoning Department. Charitable Nonprofit Fund -Raising events are limited to four (4) events per year per organization- There must be a minimum of twenty- five (25) days between the last day of one major event and the first day of another major event. Two or more separate events may not occupy the same location on the same calendar day. Section 1,� Application Information Narne of pp nt tr° g 17 0 (Must be completed) = ss �� / 9(,//, ott,ecc u r state to o uo rgatuzauon Name or State pI LacC� u � ax LD# t sale ax '�—� sne t Address usinc ono �-Z/ a, ng S 1 it e l7aX M n- ne Event angers Address 11hone (.or) Phone (homey Section 2 -�7�IZ� Application Information Name o vent :R (Must be completed) Aocation of hvent/Strect Address Any changes shall be submitted to the If event is on private property provide: Owner's nmc Phone Clerk's office prior to the end of the I' day rttca tanng Point ° evens of the event. Physical I ermmanm Foust Of event event is to take pLace on ity roperty, comp ete section to. V If the Trent involves sponsorship or participation or a charity, provide the following; Attach an additional sheet if ry s Name (c)3 Nu necessary. Chanty's Address Lhanty's Phone # (if different trom above) Has this event ever been held at another location? Yes p►' No If Yes, please provide the following: Date(s) Location(s) Has the ApplicanVOrganintion ever had a liquor license or events permit denied, revoked or suspended? _ Yes If Yes, please explain: Will there be an admission charge: --7 Jd+_Yes No If Yes, how much? Will there be an amplified entertainment? _ es No 1f Yes, what ry ' r Attach an additional sheet if Will there be live entertainment? necessary. If Yes, complete the following: a 11 No N Attach an additional sheet if Will there be any novelty items sold. Yes Cl No necessary. If Yes, please describe below: Item Vendor Selling Price(s) Tax ID N Attach an additional sheet if Will there be any contracted comessionaires/caterers? . 0 Yes 0 No necessary. If Yes, please provide the following information: (Attach an additional sheet if necessary) Name or Concessionaire/Caterer Address Phone Items sold Tax ID k No c� Town of Fountain Hills Special Event Application Page 2 of 10 How close are the nearest residences to the event. Attach an additional sheet if Will thm be antis. ❑ es o necessary. If Yes, please provide the following information: Name of Artist Address Phone Items sold Tax ID # Wk�t t— verLtuw r rimAin f will he dnee error to the event_ n Yes n N n Flyers/Postersn Yes No Jf����where dis�V4T alfxh any planned tmuoy�l materials. Attach an additional sheet if Ust and necessary. Section 3 Event Special Features (Please complete those applicable and include a site plan. Event features may require inspection and/or special permits from building, engineering, fire, and/or health departments ante: / Antic Oated Peak Atte _ a� fbcr chicle dFor egyipmsnt be inr rlgdfil e- en 014 Will there be animals involved? If yes, please explain. p Yes `W No Will the Event include any of the following: V) Yes 0 No If Yes, be advised that event features may require an inspection and/or special permit from the building, engineering, fire, and/or health departments Tents or Canopies W Yes Ei No Note: If more than I tent or canopy is be' eQ a site plan must be provided If Yes, please provide the following information: Number of Tents/Canopi 02-' size(s) Company Name W � �%5 �,t�-• �( Phone Number names or tJootung F yes tvo it xees, please provtae the touowtng tntormauon: Company Name:xe / s X o Contact Phone Number trowor 11 es iF No If Yes, please provide the following information: Company Name: .ovary F'ertcing/Mructurres Y Company Name: • /L4-Z Phone the following /' Contact "1", 6' Phone Numbe Town of Fountain Hills Special Event Application Page 3 of 10 The site of the event 'rstAW Lacauons ❑ es ❑ pkase the If es' provide owing t ormat'°n` must be adequately Company Name, served by utilities and sanitary facilities Address C Phone Number Port -a aste Control Yes ❑ No Lr Yes, pkase provide the followinginformation: tO The site of the event must be adequately served by utilities sanuaryfaciliries. Company Ntilit' Name� Address Con=t _, Phone Number O _ Company Naxne�/Qr/C� /I_T/ e.u_ Phone Numbeq4L 7 z- po is tZ Yes ❑ No /fYes, contact the Community Development Department as a special permit is required Provide the following information: Company Name: Address �4` �' 7�.� 1�,,� $' D G Z Phone Number G /; +(O �!� 54! d Provide a site plan clearlySigns/Banners Yes ❑ No depicting the location of all signage, directional and/or If Yes. contact the Community Development Department as a special permit is required promotional that will be used in conjunction with Provide the following information the event. Company Name: w�,{rG ICJ Sienaee shall not be posted earlier than two weeks Address prior to the first day of the event and must be removed Contact Phone Number within 48 hours following the event conclusion. tab es ❑ esny? o If Yes, contact the Community Development Department as a special permit is required Provide the following information. Town of Fountain Hills Special Event Application Page 4 of 10 Other — Description ot any OLber activities at the event. Section 4 Streets/Traffic Will the event require closure or use of any of the following (Provide a parking plan adequate to accommodate anticipated attendees): Complete those areas, City Sneers Yes No If Yprovide the following which are applicable, T ❑ es, and include on a site Street Frvm/ro Street DaWs) �Ti plan showing all requests. \ i� —Ses ❑ No es, provide o owing: Sidewalk From./To Sidewalk Date(s) Time(sl Lay AVeys ❑ es ❑ o If Yes, provide the following: Alley From./To Alley Date(s) Time(s) Parking on the property ruour Pnravig rocs ❑ Yes 0 NO v u Yes, provide ine iouowitr must be adequate to (If parsing is to be on private property, written permission of the property owner trout be inchided with application.) serve any existing Parking Lot Date(s) Times) permanent uses as well as the special event use. Town ng -o -ways ❑ Yes ❑ No If Yes, provide the location. Section 5 Use of Town Facilities Will any Town Facilities be used? g Yes ❑ No Complete those areas, which are applicable, If Yes, provide the location(s). and include on a site plan showing all requests. Will any Town Electric or Water hookups he used? ❑ Yes ❑ No If Yes, provide the location If additional locations Electric Location Service Needed (in amps) are requested, pleasehiectnc Location Smicc Needed (in amps) attach a site plan showing additional Water L=auon Service Needed locations and services needed. W2ter L=ation Service Needed Responsible Person at the Event Responsible erson s Home Address Home Phone Responsible rson s Business Address Business Phone a Pager (it applicable) Cell Phone it applicable) Message 8 (if applicable) Town of Fountain Hills Special Event Application Page 5 of 10 Z of cc J! S S_ i �! i s 1 jZi I � ! ! 1 m v 1 CA !'CL s , 7 �0;r Cv m F2 - O FNMiddle h= School & Q High School �0 4- WA YcA STOP 4-WAY STOP Pq�lSq�TRAFFic uGxr _ SUNFLOWER DR W Q vj U 4 V PARKV/E1N EL LAGO BLVD. a �.. Q AV E VE OF 7•HE FOUNTAINS Church L LAGO BLVD, o� O O THISTLE DRIVE Q' Churclt _ 20 3-WAY O STOP — — V � FOUNTAIN HILLS CA AVE.. i �C�°0-ar$e INDIAN M i11s G°lf WELLS DFi V STOPY m Q� O. � SyFa EX e \G �"\GN country Club -�P�'F� Fu.egock C0u TRAFFIC Mountain LIGHTS eagle arse � � Golf Co � o OR Section 6 Event Security (Must be completed) Section 7 Emergency Metrical Services (Please complete items, which are app cable.) Will the event be usittg private security? 13 Yes No If Yes, please provide the following: Security company: ContPaton (if different than above) Number of personnel contacted for. Scheduled hours personnel will at the event: WW the even be requesting the servTces o Lain kfillS Marshals DCPaM=nl? p Yes p No If Yes, please provide the following: Town of Fountain Hills Marshals Department Contact Perso Phone pa'sooncl Will be at the event: o ty Ivlarsbals, p rs must be scheduled a mmimum of three weeks pnor to the even. 'After reviewing the even application, the Town may require the use of deputies for the even. If deputies are required, penninee must provide above information as an amendment to the application before an even permit will be issued. Will the even request Rural Metro's EMTs or paramedics? p Yes ❑ No If Yes, please provide the following: To schedule EMTs or paramedics, please call 480-837-9820. EMTs or paramedics rust be scheduled a minimum of three weeks prior to the event •After reviewing the event application. the Town may require the use of EMTs or paramedics for the event. If emergency medical services are required, perrtcttee must provide above information as an amendment to the application before an event permit will be issued. Promoter may be required to provide a tent. cots, ice and water. Section 8 Alcohol Will there be alcohol at the event? Yes ❑ No If Yes, please provide the following: (Please complete items, which are applicable.) Type(s) of alcohol: 'rt'e'� Will the alcohol be given away? ❑ Yes 0ONo Will event attendees be permitted to bnng their own alcohol? p Yes VNo s alcohol included in the adinission pnce to the event. Cl Yes o This applies to charitable, religious, fraternal or political groups only. to any of the above,/fliquor license is required,/wtu9lf type of license will be usca Tor tre e — Extension ofPrernisc (attach copy'ut State of Anzona Application) Memo To: Sharon Morgan, Event Coordinator Fountain Hills Chamber of Commerce From: Sgt. Ken Martinez, Fountain Hills Marshals Department A"' CC: Marshal Todd Tate Date: 7/17/2002 Re: October fest 2002 Sharon, Marshal Tate asked if I would prepare a cost estimate of police services for the upcoming October fest 2002. The event is not sponsored by the Town of Fountain Hills, and is therefore considered an off duty event for the department. Last year, Marshal Gendler had three to four individuals working each day. I believe, as a cost saving measure to the chamber, that two officers each day would be sufficient to address any security concerns. Should a situation arise where these individuals need assistance; our on duty officers can quickly be called upon. Last year, Marshal Gendler had an additional officer assigned to routinely check the traffic barricades due to Saguaro being closed. Once the barricades are in place, our on duty units can check them during their routine patrol. I have also included the cost of one officer for overnight security. Ovemight security was provided last year. Should you have any questions, please feel free to call me at 816-5134 or contact Marshal Tate when he returns to the office on Monday July 22"d. Pt Fountain Hills Octoberfest Fountain Hills Marshals Department Friday 10/11/02 4:30 to 10:30 pm Security & Liquor Compliance Overnite Security 10 pm to 8 am Saturday 10/12/02 10:30 am to 10:30 pm Security & Liquor Compliance Overnite Security 10 pm to 8 am Sunday 10/13/02 10:30 am to 6:30 pm Security & Liquor Compliance ❑s Police Service Costs Number Number Number of Hours of Officers of Days October 11, 12, 13, 2002 Rate of Pay 6 2 1 $29.00 $348.00 8 1 1 $29.00 $232.00 12 2 1 $29.00 $696.00 8 1 1 $29.00 $232.00 8 2 1 $29.00 $464.00 Total $1,972.00 Event Liquor License (anach copy o tate o na pp uon) If applying for a Spocal bvent Upior License. the o mg taut De prow Uiarity's or gatumon s Name 501 (03 Nuffr Aletterfromthe chanty or orgarnzauon agreeing to participate as theagent or --P-1 event liquor nse is requLmd and must accompany the original event application. Name of Lontact at Lbarity or non Phone Oo-Sitc Agent Responsible for Liquor Is the event within of a church or school propertyline? ❑ es ❑ o What controls will to keep attendees under age o in o ng alcohol at the event. site plan showing locations of akobolsmite areas, type and heightot jencingSccunEy check areas must be provided and correspond to the description of the controls above. Describe how attendees over the age of 21 will be identified Willmoretha 50% of the gross revenues derived from the event be denvedm alcohol sales? p yes ❑ No Section 9 Parade Information (Please complete items, which are applicable.) Assembly Area Mum Y alime Number of Units Description of the units (motorized, animals, floats, and sound amplification') Attach a proposed route and indicate assembly and disassembly areas. Town of Fountain Hills Special Event Application Page 7 of 10 C7 k Special Event Application Fee $500 / � � FEE SUBNuTTED WITH APPLICATION $ Or Charitable/Non- profit Application Fee $100 ven -o Make checks payable to the Town of Fountain Hills For use by Staff PERMIT FEE: $ LAw ENFORCEMENT FEE: $ TRAFFIC ENGINEERING FEE: $ FIELD SERVICE FEE: $ CLEANING/DAMAGE DEPOSIT: $ FIRE SERVICE FEE: $ BUILDING SAFETY FEE: $ ENGINEERING FEE $ OTHER FEE: $ DEPOSIT TOTAL $ Town of Fountain Hills Special Event Application Page 9 of 10 Section 12 Certification (Must be completed) Section 13 Fees Receipt FOR USE BY STAFF ONLY I hereby certify that the statements made in this application are true and complete to the best of my knowledge, and that I am authorized to execute the application. Intentional omissions or falsification of information is sufficient grounds for denial of the application and subsequent revocation of the permit. I understand that all transactions in the course of the event are subject to any applicable city, county, and/or state sales tax. All event participants shall comply with sales tax regulations. I agree to indemnify the Town of Fountain Hills and its respective officers, agents, and employees from any and all losses, claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees and court costs, resulting from the conduct of the applicant, �onsor or promoter, their employees or agents, with regard to the event L /I Application Fee Receive r� d ��� Check# l 1:� O 't/w Date Received: Estimate of Event Costs Collected: Check# Date Received: Section 14 Administratively ❑ , 20_ APPROVED or Administratively ❑ , 20_ DENUD COUNCIL COUNCIL Staff Signature 0' Approved at the ��Z , 20 2— Town Council Meeting. ❑ Denied at the 20_ Town Council Meeting. Comments—• ----------- •---•—•—•-------•------- — — — — — — — — — — — — — Date Town of Fountain Hills Special Event Application Page 10 of 10 Special Event Application Fee $500 Or Charitable/Non. profit Application Fee $100 FEE SUBMITTED WITH APPLICATION $ Estimate —Event Costs Make checks payable to the Town of Fountain Hills PERMIT FEE: LAW ENFORCEMENT FEE: TRAFFIC ENGINEERING FEE: FIELD SERVICE FEE: CLEANING/DAMAGE DEPOSIT: FIRE SERVICE FEE: BUILDING SAFETY FEE: ENGINEERING FEE OTHER FEE: DEPOSIT TOTAL For use by Staff W m Town of Fountain Hills Special Event Application Page 9 of 10 ao r CEI O Cl) Co cr J 640/ OD N Icy r O + # + may+ # ■ # # r t i # # # # w + V)rm + \ !l J * Mi w • # 0 C-4 J * RI Z Q l� rn t ~ Z * O # * fL O " + O t t t t # RJ # # O # O w # O t ru W : o c # N fL G # L s ^ O #cn^ L) O •^,.� i ._ O # O N __ D7 V Q * Occl � � cl w 1 O_� + 00 Q O .a CO CD UOQ c u. 00,0, N • U) F- = c O o Za z`-Z OLLJ 0 3 X Q cO Z w " �0 a O O ¢ O ro O � a0 ao -11 CO O 00 c 1 u v t U v c O 9 c0 JUL 22 2002 12:19PM LOW & JOHNSON, INC. 480-948-1707 P.O ACORB_ CERTIFICATE OF LIABILITY INSURANCI;�,gplol D DAo.7,'" 2 Z PRODUCER Loa & JohnsonI nc . PMB 618 0645 N . Tatum B1vdI Suite 200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE _ wenix AZ 85028-3053 Phone:480-948-7838 Fax:480-948-1707 INSURED INSURERA: Maryland Casualty Company INSURER B: Fountain Hills Chamber of Counter P.O. Box M98 Fountain Hills AZ 85269 INSURERC: INSURERD: _ ISM II3ER E: uwv&n W&v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.NMI LTR TYPE OF INSURANCE POLICY NUMBER -VOCKV DATE IM0NDDrCQ DATE WMID01yy LIMITS A GENERAL LIASILJTY X�ICOMM ERCIALGENERAL LIABILITY � 040911811 01/31/02 07/31/03 EAI CH OCCURRENCE S 1 OOO 000 FIREDAPIAGE{.4nyonefre) S1,000,000 MED EXP (Aiy one person) $10 000 _ CLAIMS MADE OCCUR i PERSONAL b ADV INJURY S1,000,000 GENERAL AGGREGATE s2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $2 , 000 , 000 POLICY JEC— j LOC AUTOMOBILE LIABILITY ANY AUTO i COMBINED SINGLE LIMIT (Ea a0den)) $ 1 BODILY INJURY (Per person) s ALL OWNED AUTOS SCHEDULEDAU705 BODILY INJURY (Per Sodden) S - --- HIRED AUTOS NON-OWNEDAUTOS PROPERTY DAMAGE IPer wxWenl) s GARAGE LIABILITYAUTD ONLY - EA ACCIDENT S EA OTHER THAN ACC AUTO ONLY: AGG S '-7 �, ANY AUTO j-1 I S ,A EXCESSLIAINLM 71 OCCUR E CLAIMS,,ACE i 040911811 07/31/02 07/31/03 EACH OCCURRENCE $ AGGREGATE $1000000 j! S 10000OU S_ 1 DEDUCTIBLE _ $ -- RETENTION $ WORKERS COMPENSATION AND _ LTORY LIMITS ER EMPLOYERS' LIABILITY i E.L. EACH ACCIDENT S E L. DISEASE . EA EMPLOYEE] $ EL. DISEASE • POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONSILOCATIONS(V EHICLES(EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVOONS Certificate Holder is named as additional insured as respects services provided by the Name nsured. This form is subject '�topolicy terms $nd conditions (J� (!�� I.CK I IY I(:A I C nVL.uGK LV— T(MNOFT SHOULD ANY OF THE ABOVE DESCRIBED POLKXS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3_ DAYS WRITTEN The Town of Fountain Hills NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL Cassie Hansen IMPOSE NO OBLIGATION OR LtAWLITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR P_0. Box 17958 Fountain Hills AZ 85269 REPRESENTA' CPCU. CI - RIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 u;p } Tucson AZ 85701-1352 (602) 542-5141 % (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE A service fee of $25.00 will be5chameerd for all dishonor6d checks A}. R. S. 44-6852) PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. "APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT :EPT IISEONLLI 1. Name of Organization: _r U-���/�,G,C�S' ��yj�fV*,� �c,� 2. Non-Profit/I.R.S. Tax Exempt Number: LI-41 :? 7jG �, 3. The organization is a: (check one box only) ❑ Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious pr—g! 4.What is the purpose of this event?/,,t��� 5. Location of the event: �'�TiU j%{� Address of physical location (Not P.O. Box) City County ZOip Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of th r ai00ion nAm d ul uestion #1'. Si ature re uired in section ##18 6. Applicant: �dMlk),50-X,) �� Last First Middle Dat of B' 7. Applicant's Mailing Address: ���. pie 14 t ((��' ty StateZip 8. Phone Numbers: 0 Site Owner # l l vApplicant's Business # .Z �v Applicant's Home # to 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M./ M To A.M./P.NL Day 1: 1_ — J' Day 2: Day 3:�- Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Uc 0106t 1/2= 'Disabled inividuals requiring special accommodations, please call (602) 542-9027. 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES d NO attach explanation if yes) 11. This organization has been issued a special event license for days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES �(NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100 % of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross revenues of Alcoholic Beverage Sales. Name #2 EO e C- (Attach additional sheet if necessary) Percentage 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE•SPECIAL EVENT PREMISES." 15. What security"and control measures will you take to prevent violations of state .liquor laws at this event? (List type and number of security/ ice personnel and type of fencing or control barriers if applicable) # Police �� 141, Fencing # Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? (ATTACIJ COPY OF AGREEMENT) Name of Business ❑ YES W NO ❑ YES ❑NO Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page it to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. 3- L SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type )enclosure and securitypositions) P ) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. NT BOULEI/ARD----�_-• THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED INN�QUESTION #1 18. I,R- J. x +��L declare that I am an Off- /Director/Chair erson a ointinQ the PP (print full name) applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor Li X dy OFFICIAL SEAL (Title/Position) (Date) (Phone #) EVELYN J. BENDER,State of County of���,� Notary Public - State of Arizona MARICOPA COUNTY The forego' instrument was ac}rnowled ed before me this g My comm. expires Aug. 28, 200 .5 day of My Commission expires on: D of Month Month Yew (Date) (Signature of NOTARY PUBLIC) WOMEN THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. I, _� e e Iea/--1'f.H seki , declare that I am the APPLICANT filing this application as (Print full name) as listed in Question 6. I have read the application and the contents and all statements are true, correct and complete. State of County of X The foregoing instrument was acknowledged before me this (Si nature OFFICIAL SEAL day of Zv-s Z EVELYN J. BENDE Day of Month Month Year Notary Public - State o1 Arizona MARICOPA y c0 s p�yean0nlxpin, ate (Sig re of NOTARY PUBLIC) You must obtain local government approval Citv or County MUST recommend event & complete item #20. The local city or county jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted LOCAL GOVERNING BODY APPROVAL SECTION 20. I, h e)`P— 0 K , hereby recommend s special event application on (Government Offici ) (Title) behalf of (City, Town or County) (Signatur f OFFICIAL) Date DLL Department Comment Section: (Employee) ❑ APPROVED ❑ DISAPPROVED BY: (Date) (Title) (Daft) W�* I GHVA3inos ouvnJvS n�— Wua kais: p W W y =oa e '- �a IW— Y r P 04 0 of AVEN�� .R z > LL LLJ _ ✓ > r J� IHa H3MH 3aa3A LL � O Q 3 W W D r Z y Q 44 } D W 2 1- Z 0 LU Li NO VN` INow VI 3 m LL Q Q O _ J UAIS SIIIH NIy1Nno: n of FOUNTAIN HILLS ind Recreation Department :ILITY USE REQUEST IF. "A" • P.O. Box 17958 ' Fountain 14i11s, AZ 85269 Teleohone (480) 816-5152 Fax 14Rn1 JM-AIA-) Park Facility Specific Location Requested 1Requested �j �o�rr Use Dat ) Hours (include set-up an w e-don) FROM TO Eve n No. Attending 61Y / , e/'w za Orgaani ion/G o nsible Party Phone (how) Phone (wor) g37 �y37 'Tddress City / Zip /�f Will there be an admission fee, donations taken, tickets r items or services sold? AYES [:)NO If YES, explai Will there be any large equipment or animals brought into park r mises (i.e. tables, stage, ilers, inflatable bouncy equipment, F ing zoos, other)?YES ONO If YES, explain Will vendors be used? (i.e. caterer, band, other) ES []NO If YES, explain, Will alcof`iol be served or sold? )'ES ❑NO I have read, understood, and agreed to abide by the Town of FOUNTAIN HILLS Park Rules outlined on the reserve side. Additionally, I understand the reserved area will be left clean and damage free once the reservation is completed. JSIGNATURE OF RESPONSIBLE PARTY: Date: C� FOR OFFICE USE ONLY Rental Information Rental Number Alcohol Permit Number Certificate of Insurance Facility Fee Waiver Form Special Event Permit Approved: Parks & Recreation Staff Rental Extras Athletic Field Lights Athletic Field Prep & Bases Stage/Equipment Fountain Operation Park Labor Date: For Office Use Date Received Rental Fees Amount Received Check NoJCash TAW own Rental Contract / Permit Printed: 11-Jun-02. 12:45 PM User: bhughes Contract #: 2069 User: bhughes Date: 11-Jun-02 Status: Tentative Fountain Hills Parks & Recreation hereby grants Fountain Hills Chamber of Commerce (hereinafter called the 'Licensee') represented by Sharon Morgan, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto of which form part of this Agreement. all i) Purpose of Use Special Event Oktoberfest ii) Conditions of Use FHCC will be responsible for all damage to the park during this rental. iii) Date and Times of Use # of Bookings: 5 Starting: Thu 10 Oct 02 06:00 am Expected: 3,000 Ending: Mon 14 Oct 02 11:00 pm Facility Day Start Date Start Time End Date End Time Fee Extra Fee Tax Total FP - Southwest Open Turf Are Thu 10-Oct-02 06:00 AM 10-Oct-02 11:00 PM $200.00 $0.00 $0.00 $200.00 FP - Southwest Open Turf Are Fri 11-Oct-02 06:00 AM 11-Oct-02 11:00 PM $200.00 $0.00 $0.00 $200.00 FP - Southwest Open Turf Are Sat 12-Oct-02 06:00 AM 12-Oct-02 11:00 PM $200.00 $0.00 $0.00 $200.00 FP - Southwest Open Turf Are Sun 13-Oct-02 06:00 AM 13-Oct-02 11:00 PM $200.00 $0.00 $0.00 $200.00 FP - Southwest Open Turf Are Mon 14-Oct-02 06:00 AM 14-Oct-02 11:00 PM $200.00 $0.00 $0.00 $200.00 iv) Additional Fees v) Pavment Method Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $0.00 $1,000.00 $0.00 Balance of rental due and payable immediately i he undersigned has read and on behalf of the Licensee agrees to be bound by this Permit/License and the Terms and Conditions contained herein and attached her , and hereby warr is and represents that he/she executes this Permit/License on behalf of the Licensee and has sufficient power, a rity nd capacity to b' h and with his/her signature. X. Lole-I X: Sharon Moraan Name: Fountain Hills Chamber of Commerce P.O. Box 17598 Title: Fountain Hills AZ 85269 Ovate: Business #837-1654 Fountain Hills Parks & Recreation Date: Page:1 2002 Slurry Seal Contract Renewal.doc Chron w `� Town of FOUNTAIN HILLS a a� �°� Public Works Department that is MEMORANDUM TO: Honorable Mayor and Council FROM: Thomas L. Ward, Director of Pub rl DATE: August 13, 2002 v RE: Street Maintenance/Construction Slurry Seal Annual Contract Renewal ENG 98-030 The Slurry Seal Annual Contract was bid in April 1999. The contract is for a one-year period, with an option to renew for up to two additional one-year periods, with price adjusted for inflation each year. This annual contract has finished the second year. By mutual agreement, the Council and the contractor can authorize a contract amendment allowing an additional one-year extension. Staff has been satisfied with the contractors' performance and is in favor of renewing the contract. Southwest Slurry Seal has been the successful low bidder on all of our re -surfacing projects since 1995. The budgeted amount for street maintenance is $164,500. The contractor is requesting a 3.4% increase over his previous contract. It should be noted that the contractor is passing on the increase of emulsion (oil bi-product) only with no additional costs for himself. Considering the volatility of the oil industry, staff finds this increase reasonable. We do not believe that, given the current state of the economy, we will obtain better pricing, increased quality or better schedule performance by re -bidding the project at this time. Work areas are indicated on the attached map. Staff recommends approval of the contract amendment allowing an additional one-year renewal for the slurry seal contract, with the bid adjustment and contract authorization amount indicated. M k, MEMORANDUM TO: Honorable Mayor and Town Council FROM: Ted W. Armbruster, Presiding Judge .` 11,14 THROUGH: Sintra Hoffinan, Interim Town Manager RE: Intergovernmental Agreement for training services DATE: August 30, 2002 The Municipal Court respectfully requests approval of an Intergovernmental Agreement that is needed to continue and improve the Court's service to the public and other criminal justice agencies. The agreement and summary are attached. Because of the nature of the funds, as explained in the summary, neither the source of the funds nor the anticipated expenditure of those fimds was included in the current budget. Our commitment to the agreement and the related costs will have a neutral impact on the budget. ❑�e MARICOPA COUNTY AZTEC FIELD TRAINER INTERGOVERNMENTAL AGREEMENT SUMMARY kw Purpose: To approve an Intergovernmental Agreement (IGA) between the Town of Fountain Hills and the Maricopa County Superior Court for the services of an AZTEC trainer. The Municipal Court plans to use these services to train staff on the new domestic violence module as well as an upcoming software upgrade. History: In January 1998, the Fountain Hills Municipal Court became a part of ACAP (Arizona Court Automation Project) and contracted with the Supreme Court for hardware and software (now called AZTEC). The Administrative Office of the Courts (AOC) provided initial software training for the court clerks. As ACAP expanded to more and more courts, the AOC recognized the need for ongoing training to maintain consistency in court records. They directed each county to hire a person dedicated to AZTEC training who would help all the courts in the county. In November 2001, a group of municipal court administrators from Maricopa County met to determine the training needs for the 17 municipal courts on ACAP and decided that two trainers were needed for Maricopa County because of the number of people needing training and the area that needed to be covered. The committee also decided that the most equitable method of assigning cost was to prorate the total costs according to the number of staff members in each court. The current assessment for the Fountain Hills Municipal Court is $3,370. This amount may be reduced if expected addition funding is received from the Commission on Technology. Due to budget concerns from many of the courts, methods of financing the trainer positions were discussed. A portion of the expenses was to be provided by the AOC. The Maricopa County Superior Court offered office space and other services. The remaining costs were the obligation of the various courts. AOC offered to help by streamlining the procedures for use of Fill the Gap funds, eliminating the need for a grant request. Fill the Gap was established in late 1999 by adding an additional surcharge to all fines collected by Arizona courts. A portion of these funds is returned to each court for their exclusive use. Fill the Gap funds are specifically to be used for the enhancement or improvement of collections, court automation, case processing and the administration of justice. Funding for the AZTEC trainers falls into all of these categories. Fill the Gap funds received by Fountain Hills Municipal Court: FY 99-00 $ 937 FY 00-01 $ 2,967 FY 01-02 $ 3,486 After input from all parties to the AZTEC trainer project, it was decided that an Intergovernmental Agreement would be the instrument used to establish the parameters of the program. As stated in the IGA, a Steering Committee of court representatives, will have oversight responsibility for duty descriptions, training curriculum, strategic planning, budget determinations, policies, procedures and management of the AZTEC trainer program for Maricopa County. Our participation on the Steering Committee will assure our input in the quality of the training provided and that the program meets the future needs of our court. Superior Court of Arizona Maricopa County MARICOPA COUNTY AZTEC FIELD TRAINER INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT as follows: 1. Parties. The parties to this Agreement are: MARICOPA COUNTY SUPERIOR COURT GOODYEAR MUNICIPAL COURT AVONDALE MUNICIPAL COURT BUCKEYE MUNICIPAL COURT CAREFREE MUNICIPAL COURT CAVE CREEK MUNICIPAL COURT EL MIRAGE MUNICIPAL COURT FOUNTAIN HILLS MUNICIPAL COURT GILA BEND MUNICIPAL COURT GLENDALE MUNICIPAL COURT GUADALUPE MUNICIPAL COURT LITCHFIELD PARK MUNICIPAL COURT PEORIA MUNICIPAL COURT SCOTTSDALE CITY COURT SURPRISE MUNICIPAL COURT TOLLESON MUNICIPAL COURT WICKENBURG MUNICIPAL COURT YOUNGTOWN MUNICIPAL COURT 2. Name and Elements. The project governed hereby shall be called the "Maricopa County AZTEC Field Trainer Program" (the "Program.") The Program will establish and maintain Aztec Field Trainers upon such terms and conditions as established from time to time. An office for the Trainers and any support staff shall be provided at the Maricopa County Superior Court in Phoenix, Arizona, or such other locations as mutually agreed to. -1- LIq 3. Steering Committee; Responsibilities. Oversight, duty descriptions, training curriculum, strategic planning, budget determinations, policies, procedures, and management responsibilities for the Program and AZTEC Trainers shall be under the supervision of a "Steering Committee" comprised of one designee named by the presiding judge of each participant court. 4. Superior Court Responsibilities. The Superior Court shall provide all administrative and support staff, office facilities, and personnel support for the AZTEC Trainers, as shall be agreed to by the parties. 5. Compensation and Budget Determinations. At least annually, the Steering Committee shall determine the budget needs to operate the Program. Each party to this Agreement agrees to provide its proportionate share of the amounts so required. The budget and the amount of each pro rata share shall be established before the commencement of any upcoming fiscal year. The Steering Committee shall prescribe the terms and method of collection of each parties' contribution. Notwithstanding the foregoing, all AZTEC Trainers and any support staff shall be deemed employees of the Superior Court for all purposes of employment reporting, regulations, and compliance with applicable law. The Superior Court responsibilities set forth in paragraph five shall be provided at the expense of the Superior Court and shall not be costs or financial obligations assessed against the parties to this Agreement except as otherwise agreed to. 6. Renewal on Annual Basis. Unless otherwise established by the Steering Committee, and as allowed by law, this Agreement shall automatically renew on an annual basis effective July 1, 2003 and thereafter. Any party may withdraw from future obligation under this Agreement upon at least ninety (90) days written notice to the Steering Committee prior to the expiration of the current fiscal year calendar. 7. General Provisions, Contact Persons, Execution of Duplicate Originals. The parties agree to resolve all disputes arising out of or relating to this Agreement through arbitration pursuant to ARS § 12-1518. This Agreement is subject to the provisions of ARS § 38-511 and ARS § 35- 214. The Program shall operate in a manner to comply with any law, regulation, or Order that mandates that all persons, regardless of race, color, religion, sex, age, national origin, or political affiliation shall have equal access to employment opportunities, the Americans with Disabilities Act, and all other applicable laws. In addition to other persons designated by the Steering Committee, communications may be sent in care of: -2- Maricopa County Court Administration AZTEC Field Trainer Program 201 W. Jefferson Phoenix AZ 85003 IN WITNESS WHEREOF, the parties sign their names this day of , 2002. Maricopa County Superior Court The Fountain Hills Municipal Court Its: H By: Its: Presiding Judge Approved: Town Manager: Town Attorney: Mayor: Att st by To n erl -3- O��TAIN � w b a ' that ivsAT" is STAFF REPORT To: Mayor & Council From: Sintra Hoffman, Acting Town Manage 4A Date: September 5, 2002 RE: Donation of Public Art Purpose: The purpose of this action item is to receive Council approval to accept a statue commemorating fallen firefighters and police officers. Background: Paul Kolwaite of the Fountain Hills Public Arts Council notified the Town that local sculptor, Dr. Russo, wishes to donate a bronze statue commemorating fallen firefighters and police officers for their work and contribution to cities and towns nationwide. The statue portrays injured firemen and police officers. The Arts Council voted to accept the piece, upon Council approval. In light of the first anniversary of September I lth, Dr. Russo and the Arts Council would like to present this statue to the Town at the September 1 Ith ceremony. Fiscal Impact: Not to exceed $1000. The Town would pay for a pedestal with a plaque acknowledging Dr. Russo's work and contribution. The estimated cost of a pedestal and plaque is approximately $1000 and will be paid from the Town Manager's Contingency line item. Additionally, the statue is valued at approximately $5,000. August 30, 2002 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL v From: CASSIE HANSEN, DIRECTOR OF ADMINISTRAT Date: 8/30/2002 Re: AGENDA ITEM #8 — AGREEMENT OF SETTLEMENT & RELEASE At the July 2, 2002 council meeting, the Council authorized the mayor and the accounting supervisor to sign a document instructing the trustee to sell the commercial paper from PG&E and authorize Mr. Marburger to accept a two -page offer from Brown and Bain on behalf the Town and the Municipal Property Corporation. This agreement called for the payment of full principal and interest up through the time of payment of the principle and $40,000 for legal fees that the Town has incurred. Approving the Agreement of Settlement and General Release is the final step to conclude the settlement process between the Town, BNY and Merrill Lynch. Staff received the attached document on Friday, August 30 and forwarded it to legal counsel. The Council may expect a staff report on the document prior to Thursday night's meeting. Agenda Item 9/5/02 Page 1 of 1 Last printed 8/30/2002 5:07 PM 8/30/2002 AGREEMENT OF SETTLEMENT AND GENERAL RELEASE The parties to this Agreement of Settlement and General Release (the "Agreement") are Town of Fountain Hills, Arizona Municipal Property Corporation, and Town of Fountain Hills, Arizona ("Plaintiffs"); BNY Western Trust Company ("BNY"), and Merrill Lynch & Co., Inc., Merrill Lynch Money Markets, Inc., Merrill Lynch Government Securities, Inc., and Merrill Lynch, Pierce, Fenner & Smith Incorporated ("the Merrill Lynch Defendants"). 1. Recitals: This Agreement is made with reference to the following facts: (a) Certain disputes and controversies have arisen between the parties hereto. (b) Such disputes and controversies include, but are not limited to, the claims, demands and cause or causes of action set forth by the parties hereto in a consolidated action pending in the United States District Court for the District of Arizona, entitled Town of Fountain Hills, Ariz. Mun. Prop. Corp. v. BNY W. Trust Co., Case Nos. CV 01-1070-PHX-PGR and CV 01-2496-PHX-PGR (the "Action") (c) It is the intention of the parties hereto to settle and dispose of, fully and completely, any and all claims, demands and cause or causes of action between Plaintiff on the one hand and Defendants or any of them on the other hand arising from the purchase of Pacific Gas & Electric commercial paper by the plaintiffs, including any and all claims, demands and cause or causes of action reflected in the Action. 2. Consideration: (a) On or before close of business on September_, 2002, the Merrill Lynch Defendants shall pay to Plaintiffs the sum of $100,584.50. (b) On of before close of business on September _, 2002, BNY shall pay to Plaintiffs the sum of $98,040.84. (c) In addition to the amount stated in paragraph 2(b), on or before the close of business on September , 2002, BNY shall pay to Plaintiffs the sum of $27,077.29, which Plaintiffs acknowledge, is the amount of interest for the period from January 19, 2001 to March 31, 2001 that was paid to BNY, on behalf of Plaintiffs, by Pacific Gas & Electric Co. Plaintiffs further acknowledge that, in the course of the Pacific Gas & Electric Co. chapter 11 bankruptcy proceeding, now pending in the United States Bankruptcy Court (Northern District of California, case number 01-30923 DM), the Court may order BNY to pay that amount of interest into the bankruptcy estate or as otherwise directed. Plaintiffs agree that, in the event of such order, they will, within 15 days of receipt of proof of BNY's payment, pay to BNY the sum stated in this paragraph 2(c). (d) In addition to the amounts stated in paragraphs 2(b) and 2(c), BNY shall pay to Plaintiffs the amount earned as interest on the payment described in paragraph 2(c). The amount shall be the interest earned through the date of the settlement agreement and shall be paid to Plaintiffs not later than seven days after the interest has been posted to the account in which the payment described in paragraph 2(c) has been maintained by BNY. 3. Dismissal: Within five (5) business days after the execution of this Agreement, counsel for the parties shall execute and file the stipulation and proposed order in the form attached as Exhibit 1 dismissing the Litigation with each party to bear its own fees. 4. Release: In consideration of the mutual general releases contained herein, and for other good and valuable consideration, the receipt of which is acknowledged by each party hereto, the parties promise, agree and generally release as follows: (a) Effective as of the date of the signing of this Agreement, Plaintiffs, for themselves and on behalf of their predecessors, successors, parents, subsidiaries, affiliates, assigns, public or elected officials, members, officers, employees, directors, agents and attorneys, forever release and discharge BNY, and the Merrill Lynch defendants, their predecessors, successors, parents, subsidiaries, affiliates, assigns, officers, employees, directors, agents, shareholders and attorneys from the claims arising out of the subject matter of the Action. Expressly excepted and reserved from this release are any and all claims and causes of action that Plaintiffs may have for the enforcement of this Agreement. (b) Effective as of the date of the signing of this Agreement, the Merrill Lynch Defendants, for themselves and on behalf of their predecessors, successors, parents, subsidiaries, affiliates, assigns, members, officers, employees, directors, agents and attorneys, forever release and discharge BNY, and the Plaintiffs, their predecessors, successors, parents, subsidiaries, affiliates, assigns, public or elected officials, officers, employees, directors, agents, and attorneys from the claims arising out of the subject matter of the Action. Expressly excepted and reserved from this release are any and all claims and causes of action that the Merrill Lynch Defendants may have for the enforcement of this Agreement. (c) Effective as of the date of the signing of this Agreement, BNY, for itself and on behalf of its predecessors, successors, parents, subsidiaries, affiliates, assigns, members, officers, employees, directors, agents and attorneys, forever releases and discharges the Merrill Lynch Defendants, and the Plaintiffs, their k. 2 predecessors, successors, parents, subsidiaries, affiliates, assigns, public or elected officials, officers, employees, directors, agents, shareholders and attorneys from the claims arising out of the subject matter of the Action. Expressly excepted and reserved from this release are any and all claims and causes of action that BNY may have for the enforcement of this Agreement. 5. Miscellaneous Provisions. (a) No Admission of Liability. BNY and the Merrill Lynch Defendants do not admit any liability for any of the claims alleged in the Action, and specifically deny any such liability. The Parties agree that neither this Settlement Agreement, nor the negotiations leading to this Settlement Agreement, nor any of its terms may be considered an admission by either of the Parties. Nor shall this Settlement Agreement be construed to support the validity of any allegation or contention made in the Action and no past, present or future wrongdoing on the part of either of the Parties may be implied by this Settlement Agreement or any term hereof. The Parties further agree that evidence of this Settlement Agreement shall not be presented for any purpose in any litigation involving any of the Parties, except for any litigation involving the enforcement of this Settlement Agreement. (b) Governing Law. This Agreement shall be deemed to have been executed and delivered within the State of Arizona, and the rights and obligations of the parties hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of Arizona. (c) Successors and Assigns. This Agreement shall extend to, inure to the benefit of, and be binding upon the parties hereto and their respective directors, public or elected officials, officers, partners, proprietors, attorneys, agents, servants, employees, representatives, affiliates, subsidiaries, shareholders, predecessors, successors, and assigns. (d) Representation by Counsel. The parties to this Agreement acknowledge that they have been and are represented by counsel concerning the matters resolved by this Agreement and the Agreement itself. (e) Representations as to Authority. Each party hereto represents and warrants that it has the sole right and exclusive authority to execute this Agreement and that it has not sold, assigned, transferred, conveyed, or otherwise disposed of any claim or demand, or any portion of or interest in any claim or demand, relating to any matter covered hereby. (f) Breach or Default. Nothing in this Agreement will be construed so as to impair any legal or equitable right of any party hereto to enforce any of the terms of this Agreement by any means, including without limitation, an action for damages or a suit to obtain specific performance of any or all of the terms of this Agreement. 3 (g) Severability. In the event that any provision of this Agreement or the application of any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect and this Agreement shall be interpreted as if such invalid provision(s) were omitted. (h) Headings. The paragraph headings contained in this Agreement are provided for convenience only and shall not be considered in the interpretation and construction of this Agreement. (i) Waiver. The failure of any party at any time or times to demand strict performance by another party of any of the terms or conditions of this Agreement shall not be construed as a continuing waiver or relinquishment thereof and each may at any time demand strict and complete performance by the other parties of said terms and conditions. 0) Three Originals. This Agreement will be executed in three originals each of which shall be deemed an original and together one instrument for all purposes. (k) Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations and agreements, whether written or oral, relating to such subject matter. This Agreement may not be altered, amended, modified, or otherwise changed in any respect except by an instrument in writing duly executed by authorized representatives of each of the parties hereto. IN WITNESS WHEREOF, the parties hereto duly execute this Agreement as of the _ day of July, 2002. TOWN OF FOUNTAIN HILLS, ARIZONA MUNICIPAL PROPERTY CORPORATION By:_ Name: Title:_ Dated: 4 MERRILL LYNCH & CO., INC.; MERRILL LYNCH MONEY MARKETS, INC., MERRILL LYNCH GOVERNMENT SECURITIES, INC., AND MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED By:_ Name: Title:_ Dated: TOWN OF FOUNTAIN HILLS, ARIZONA By:_ Name: Title:_ Dated: 185979_3 BNY WESTERN TRUST COMPANY By:_ Name: Title:_ Dated: Truck Route Code Changes.doc Pagel of 2 Chron 174 Town of FOUNTAIN HILLS Public Works Department MEMORANDUM TO: Honorable Mayor and Council FROM: Randy L. Harrel, Town Engineer THROUGH: Tom Ward, Director of Public W W sI DATE: August 20, 2002 l!/� RE: Truck Route Code Changes With the opening of Technology Drive and the potential closure of Laser Drive (both with the Four Peaks Plaza project); and with the Eagle Ridge (Scottsdale) subdivision roadway, several changes to the Town's truck routes are needed. Section 12-2-12 of the Town Code (attached) restricts commercial vehicles exceeding 8,000 pounds GVW to designated truck routes, except to make local deliveries and pickups by the shortest route off the truck routes. Existing designated truck routes include all or parts of Shea, (a "through" truck route), Palisades, Saguaro, Grande, Technology, Laser, and Fountain Hills Boulevard (north of Saguaro). Exceptions to the truck route requirements are made for passenger buses, public utility vehicles, garbage trucks, fire engines, and government vehicles. The following modifications are proposed as shown in the ordinance: • Revise that portion of the truck route on Technology Drive. The proposed truck route length is from 100 feet north of Saguaro Boulevard to Shea Boulevard. This revision reflects that Technology Drive has now been opened to Shea Boulevard and is closed (and will eventually be gated) just north of Saguaro Boulevard. • Delete that portion of Laser Drive (from Technology Drive to Saguaro Boulevard) that has been legally abandoned, and the pavement removed, by the Four Peaks Plaza (Target) project. • Delete that portion of Saguaro Boulevard from 600' southwest of Firebrick Drive southwesterly (to Last Trail Drive). • Add Eagle Ridge Drive and Sunset Vista Drive to the previously designated McDowell Mountain Road in Paragraph 12-2-12.13.2 as allowed exceptions to requiring all trucks traveling through the Town to only use Shea Boulevard. Portions of Eagle Ridge Drive and Sunset Vista Drive lie within the Scottsdale city limits, but can only be accessed via Palisades Boulevard. Truck Route Code Changes.doc Page 2 of 2 Chron 174 • Designate Golden Eagle Boulevard from Palisades Boulevard to Boulder Drive/Sierra Madre Boulevard (the medianed 4-lane section) as a truck route. (This route was contained in the 1997 staff report verbiage and map, but apparently had been left out of the actual ordinance text at that time.) Staff recommends approval of the truck route changes. att. Ordinance Truck Route Map 1997-2-20 Council Minutes, Sheet 4 cc: Tony Marchese Ken Valverde Previouslv sent draft to the following on 7/31/02: Trey Eakin/Barclay Group John Rezek/North Heights POA Robert Tripp/Firerock Ridge POA Business Owners on Laser and Technology amount of $19,600. Councilman Lawrence MOVED the approval of the Change Order as presented. Vice Mayor O'Brien SECONDED the motion which CARRIED unanimously. AGENDA ITEM #20 - CONSIDERATION OF ORDINANCE 97-06, AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN CODE, CHAPTER 12, ARTICLE 12-2, TRAFFIC CONTROL, SECTION 12-2-12, COMMERCIAL VEHICLES PROHIBITED ON CERTAIN STREETS, BY ADDING PALISADES BOULEVARD AND A PORTION OF GOLDEN EAGLE BOULEVARD TO THE DESIGNATED TRUCK ROUTE LIST, BY REMOVING CERTAIN PORTIONS OF SAGUARO BOULEVARD FROM SAME, BY CREATING A NEW SUBSECTION D, DESIGNATED "THROUGH TRUCK ROUTES", AND BY RE -DESIGNATING SHEA BOULEVARD AS A "THROUGH TRUCK ROUTE." Town Engineer Randy Harrel stated the Council had previously indicated their approval for the truck routes to add Palisades Boulevard as well as a portion of Golden Eagle Boulevard, remove certain portions of Saguaro Boulevard and the designate Shea Boulevard as a "through" truck route in Ordinance 97-06. He since added language into the through truck route section of the ordinance that permitted trucks that exited or entered on McDowell Mountain Road could use any designated truck route. Councilman Lawrence asked about the portion of Golden Eagle Boulevard and suggested the traffic in the high school and Golden Eagle Park area was significant enough to warrant signage to prevent trucks from using Glenbrook. Mr. Harrel said he had received a letter from Tim Brown opposing the truck route extension on Golden Eagle Boulevard to the intersection of Boulder and Sierra Madre. Councilman Lawrence said he thought a problems might be created by the increased construction truck traffic by the high school. He suggested an alternate route be found to direct traffic away from the school. Councilman Apps asked what the speed limits were in that particular area and whether speeds could be restricted during heavy traffic times. Mr. Harrel informed the Council the present speed limit was 45 mph on Golden Eagle Boulevard but that he would review the speed limits after Palisades Boulevard was opened to amend the limits to 45 mph on Palisades Boulevard and 35 or 40 mph on Golden Eagle Boulevard. Councilwoman Wiggishoff said she approved of restricting speed limits during peak times but that Golden Eagle was a four -lane divided highway connected to Palisades Boulevard and was the best route at this time. Councilwoman Wiggishoff MOVED to approve Ordinance 97-06 as described. Councilman Apps SECONDED the motion which CARRIED with a 5-1 vote. Councilman Lawrence cast the nay vote. AGENDA ITEM #21 - CONSIDERATION OF ORDINANCE 97-07, AMENDING THE TOWN CODE, CHAPTER 16, STREETS AND SIDEWALKS, ARTICLE 16-1, ENCROACHMENTS, SECTIONS 16-1-1, DEFINITIONS,16-1-2, PERMIT REQUIRED,16-1-12, REVOCATION OF PERMIT,16-1-16, EXISTING AND EMERGENCY WORK, AND 16-1-18, EXCAVATION OF NEWLY PAVED STREETS, BY ADDING A DEFINITION OF "URGENT NECESSITY" AND BY ADDING PENALTIES FOR FAILING TO IMMEDIATELY RESTORE THE ROAD SURFACE AND FOR EMERGENCY EXCAVATION OF NEWLY CONSTRUCTED OR RESURFACED STREETS. Town Engineer Randy Harrel requested a one -month delay so he could schedule meetings with utility contractors to work together to negotiate language for this ordinance. He stated there had been numerous Page 4 of 11 2002 Truck Route Ordinance.doc TOWN OF FOUNTAIN HILLS ORDINANCE 02-13 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN CODE, CHAPTER 12, ARTICLE 12-2, TRAFFIC CONTROL SECTION 12-2-12, COMMERCIAL VEHICLES PROHIBITED ON CERTAIN STREETS BY ADDING A SECTION OF TECHNOLOGY DRIVE AS TRUCK ROUTES; BY DELETING A SECTION OF TECHNOLOGY DRIVE, SAGUARO BOULEVARD, AND LASER DRIVE AS TRUCK ROUTES; AND BY ADDING EAGLE RIDGE DRIVE AND SUNSET VISTA DRIVE AS TOWN ENTRANCEIEXIT LOCATIONS FOR THROUGH TRUCKS. SECTION L That the Town Code, Chapter 12, Traffic, Article 12-2, Traffic Control, Section 12-2-12, Commercial Vehicles Prohibited on Certain Streets, is hereby amended to read as follows: C. The designated truck routes shall be: 1. The full length of Palisades Boulevard. 2. Technology Drive from 100 FEET NORTH OF Saguaro Boulevard to etysnae Drive SHEA BOULEVARD. 3. Saguaro Boulevard from Fountain Hills Boulevard south to 600 FEET SOUTHWEST OF FIREBRICK DRIVE. 4. Laser Drive from SagesBuaicizad TECHNOLOGY DRIVE west to end of cul-de-sac east of Leo Drive. Grande Boulevard from the eastern town limits to Saguaro Boulevard. 6. Fountain Hills Boulevard from Saguaro Boulevard to the northern town limits. D. Notwithstanding any of the provisions of this section, no person shall operate any commercial vehicle exceeding eight thousand pounds gross vehicle weight on any street within the town except upon designated through truck routes when such operation is not in connection with a delivery or pickup within the corporate limits of the town. Designated through truck routes shall be limited to the following: The entire length of Shea Boulevard. 2. For through trucks entering or exiting via McDowell Mountain Road, EAGLE RIDGE DRIVE OR SUNSET VISTA DRIVE, any designated truck route may be used. Ordinance 02-13 Page 1 of 2 2002 Truck Route Ordinance.doc PASSED AND ADOPTED this 5th day of September, 2002. ATTEST: C� Cassie B. Hansen, Town Clerk REVIEWED BY: intra Hoffman, Acting TowA161ager ❑�r FOR THE TOWN OF FOUNTAIN HILLS William E. carrell,Town own Attorney Ordinance 02-13 Page 2 of 2 Town of Fountain Hills TRUCK ROUTES UPDATED: SEPTEMBER 6,2002 sm BL's 41 ■ 'k iSk LEGEND TRUCK ROUTE i --------- THROUGH TRUCK ROUTE ADDITIONAL THROUGH TRUCK ENTRANCE/EXIT LOCATION If la'; aLyaRy ' An nsum- � PGRA Ur� --O� I 'W 9-W1 L G ARO ;-T SA .k )?rb p 0 0.5 1.0 44 NORTH SCALE OF MILES I: a 52 ■ a !P6 FA 14 Tel (480) 837-5750 Fax (480) 837-5805 E-mail billfarrell(�gwest.net Law Offices of William E. Farrell, P.L.L.C. TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrell Town Attorney DATE: June 6, 2002 William E. Farrell MEMORANDUM RE: Proposed Ethics Policy for Town of Fountain Hills Building A. 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 Attached hereto is a two page document entitled, "Proposed Ethics Policy for the Town of Fountain Hills". This is a discussion item with possible direction to Staff to prepare an ordinance or resolution for implementation of the ethics policy. The Town Attorney has attached portions of Arizona Revised Statutes 38-501 on conflict of interest as there maybe some contradiction between portions of the ethics policy and the state law on conflicts of interest. Finally, the Town of Attorney has suggested that the Council discuss the possibility of including some type ofpenalty or enforcement clause of a violation of any ethical policy adopted by the Town. N Proposed Ethics Policy for the Town of Fountain Hills The purpose of this ethics policy for the Town of Fountain Hills is to assure the quality of government through ethical principles, which shall govern the conduct of the Town Council and members of the Town's boards, committees and commissions. We shall: Obey the Constitution and laws of the United States of America, the Constitution and Laws of the State of Arizona, and the laws of the Town of Fountain Hills. 2. Be dedicated to concepts of effective and democratic local government. Democratic Leadership: We shall honor and respect the principles and spirit of representative democracy and set a positive example of good citizenship by scrupulously observing the letter and spirit of laws, rules, and regulations. 3. Affirm the dignity and worth of the services rendered by the Town government and maintain a deep sense of social responsibility as a trusted public servant. 4. Be dedicated to the highest ideals of honor, ethics, and integrity in all public and personal relationships. Public Confidence: We shall conduct ourselves so as to maintain public confidence in Town government and in the performance of the public trust. Impression of Influence: We shall conduct our official and personal affairs in such a manner as to give a clear impression that we cannot be improperly influenced in the performance of our official duties. Recognize that the chief function of local government is at all times to serve the best interests of all the people. Public Interest: We shall treat our office as a public trust, only using the power and resources of public office to advance public interests, and not to attain personal benefit or pursue any other private interest incompatible with the public good. 6. Keep the community informed on municipal affairs; encourage communication between the citizens and all municipal officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. Accountability: We shall assure that government is conducted openly, efficiently, equitably, and honorably in a manner that permits the citizens to make informed judgements and hold Town officials accountable. Respectability: We shall safeguard public confidence in the integrity of Town government by being honest, fair, caring and respectful, and by avoiding conduct creating the appearance of impropriety, or impropriety of which is otherwise unbefitting a public official. 7. Seek no favor; believe the personal benefit or profit secured by connfidential or privileged information or by misuse of public time is dishonest. Private Employment: We shall not engage in, solicit, negotiate for, or promise to accept private employment or render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of official duties. Confidential Information: We shall not disclose to others, or use to further our personal interest, confidential information acquired in the course of our official duties. Gifts: We shall not directly or indirectly, in connection with service to the Town, solicit any gift or accept or receive any gift — of any value — whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form of gratuity. This policy shall not apply to hospitality, transportation or other assistance provided to Town officials, which is directly related to the participation in community events as a representative of the Town. Investment in Conflict with Official Duties: We shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with our official duties. Personal Relationships: Personal relationships shall be disclosed in any instance where there could be the appearance of conflict of interest or a conflict of interest. Conduct business of the Town in a manner, which is not only fair in fact, but also in appearance. Disclosure: In quasi-judicial proceedings, we shall abide by the directives of Arizona Revised Statutes which require full disclosure of contacts by proponents and opponents of land use projects which are before the Town Council. The Town's Boards and Commissions are also subject to these same rules. In addition to these requirements of state statutes, we shall apply this same standard of disclosure to other discretionary actions of the Council. 14 38-501 - Application of article Page 1 of 1 El t 38-501. Application of article A. This article shall apply to all public officers and employees of incorporated cities or towns, of political subdivisions and of the state and any of its departments, commissions, agencies, bodies or boards. B. Notwithstanding the provisions of any other law, or the provisions of any charter or ordinance of any incorporated city or town to the contrary, the provisions of this article shall be exclusively applicable to all officers and employees of every incorporated city or town or political subdivision or the state and any of its departments, commissions, agencies, bodies or boards and shall supersede the provisions of any other such law, charter provision or ordinance. C. Other prohibitions in the state statutes against any specific conflict of interests shall be in addition to this article if consistent with the intent and provisions of this article. http://www.azleg.state.az.us/ars/38/00501.htm 5/30/2002 38-502 - Definitions Page 1 of 2 38-502. Definitions In this article, unless the context otherwise requires: 1. "Compensation" means money, a tangible thing of value or a financial benefit. 2. "Employee" means all persons who are not public officers and who are employed on a full-time, part- time or contract basis by an incorporated city or town, a political subdivision or the state or any of its departments, commissions, agencies, bodies or boards for remuneration. 3. "Make known" means the filing of a paper which is signed by a public officer or employee and which fully discloses a substantial interest or the filing of a copy of the official minutes of a public agency which fully discloses a substantial interest. The filing shall be in the special file established pursuant to section 38-509. 4. "Official records" means the minutes or papers, records and documents maintained by a public agency for the specific purpose of receiving disclosures of substantial interests required to be made known by this article. 5. "Political subdivision" means all political subdivisions of the state and county, including all school districts. 6. "Public agency" means: (a) All courts. (b) Any department, agency, board, commission, institution, instrumentality or legislative or administrative body of the state, a county, an incorporated town or city and any other political subdivision. (c) The state, county and incorporated cities or towns and any other political subdivisions. 7. "Public competitive bidding" means the method of purchasing defined in title 41, chapter 4, article 3, or procedures substantially equivalent to such method of purchasing, or as provided by local charter or ordinance. 8. "Public officer" means all elected and appointed officers of a public agency established by charter, ordinance, resolution, state constitution or statute. 9. "Relative" means the spouse, child, child's child, parent, grandparent, brother or sister of the whole or half blood and their spouses and the parent, brother, sister or child of a spouse. 10. "Remote interest" means: (a) That of a nonsalaried officer of a nonprofit corporation. (b) That of a landlord or tenant of the contracting party. (c) That of an attorney of a contracting party. http://www.azieg.state.az.us/ars/38/00502.htm 5/30/2002 38-502 - Definitions Page 2 of 2 (d) That of a member of a nonprofit cooperative marketing association. 4 (e) The ownership of less than three per cent of the shares of a corporation for profit, provided the total annual income from dividends, including the value of stock dividends, from the corporation does not exceed five per cent of the total annual income of such officer or employee and any other payments made to him by the corporation do not exceed five per cent of his total annual income. X (f) That of a public officer or employee in being reimbursed for his actual and necessary expenses incurred in the performance of official duty. (g) That of a recipient of public services generally provided by the incorporated city or town, political subdivision or state department, commission, agency, body or board of which he is a public officer or employee, on the same terms and conditions as if he were not an officer or employee. (h) That of a public school board member when the relative involved is not a dependent, as defined in section 43-1001, or a spouse. (i) That of a public officer or employee, or that of a relative of a public officer or employee, unless the contract or decision involved would confer a direct economic benefit or detriment upon the officer, employee or his relative, of any of the following: (i) Another political subdivision. (ii) A public agency of another political subdivision. (iii) A public agency except if it is the same governmental entity. 0) That of a member of a trade, business, occupation, profession or class of persons consisting of at least ten members which is no greater than the interest of the other members of that trade, business, occupation, profession or class of persons. 11. "Substantial interest" means any pecuniary or proprietary interest, either direct or indirect, other than a remote interest. http://www.azleg.state.az.us/ars/38/00502.htm 5/30/2002 38-503 - Conflict of interest; exemptions; employment prohibition Page 1 of 1 38-503. Conflict of interest; exemptions; employment prohibition A. Any public officer or employee of a public agency who has, or whose relative has, a substantial interest in any contract, sale, purchase or service to such public agency shall make known that interest in the official records of such public agency and shall refrain from voting upon or otherwise participating in any manner as an officer or employee in such contract, sale or purchase. B. Any public officer or employee who has, or whose relative has, a substantial interest in any decision of a public agency shall make known such interest in the official records of such public agency and shall refrain from participating in any manner as an officer or employee in such decision. C. Notwithstanding the provisions of subsections A and B of this section, no public officer or employee of a public agency shall supply to such public agency any equipment, material, supplies or services, unless pursuant to an award or contract let after public competitive bidding, except that: 1. A school district governing board may purchase, as provided in sections 15-213 and 15-323, supplies, materials and equipment from a school board member. 2. Political §ubdivisions other than school districts may purchase through their governing bodies, without using public competitive bidding procedures, supplies, materials and equipment not exceeding three hundred dollars in cost in any single transaction, not to exceed a total of one thousand dollars annually, from a member of the governing body if the policy for such purchases is approved annually. D. Notwithstanding subsections A and B of this section and as provided in sections 15-421 and 15-1441, the governing board of a school district or a community college district may not employ a person who is a member of the governing board or who is the spouse of a member of the governing board. http://www.azleg.state.az.us/ars/38/00503.htm 5/30/2002 38-504 - Prohibited acts Page 1 of 1 :1 38-504. Prohibited acts A. A public officer or employee shall not represent another person for compensation before a public agency by which the officer or employee is or was employed within the preceding twelve months or on which the officer or employee serves or served within the preceding twelve months concerning any matter with which the officer or employee was directly concerned and in which the officer or employee personally participated during the officer's or employee's employment or service by a substantial and material exercise of administrative discretion. B. During the period of a public officer's or employee's employment or service and for two years thereafter, a public officer or employee shall not disclose or use for the officer's or employee's personal profit, without appropriate authorization, any information acquired by the officer or employee in the course of the officer's or employee's official duties which has been clearly designated to the officer or employee as confidential when such confidential designation is warranted because of the status of the proceedings or the circumstances under which the information was received and preserving its confidentiality is necessary for the proper conduct of government business. A public officer or employee shall not disclose or use, without appropriate authorization, any information that is acquired by the officer or employee in the course of the officer's or employee's official duties and that is declared confidential;by law. C. A public officer or employee shall not use or attempt to use the officer's or employee's official position to secure any valuable thing or valuable benefit for the officer or employee that would not ordinarily accrue to the officer or employee in the performance of the officer's or employee's official duties if the thing or benefit is of such character as to manifest a substantial and improper influence on the officer or employee with respect to the officer's or employee's duties. http://www.azleg.state.az.us/ars/38/00504.htm 5/30/2002 38-507 - Opinions of the attorney general, county attorneys, city or town attorneys and hot... Page 1 of 1 L 38-507. Opinions of the attorney general, county attorneys, city or town attorneys and house and senate ethics committee Requests for opinions from either the attorney general, a county attorney, a city or town attorney, the senate ethics committee or the house of representatives ethics committee concerning violations of this article shall be confidential, but the final opinions shall be a matter of public record. The county attorneys shall file opinions with the county recorder, the city or town attorneys shall file opinions with the city or town clerk, the senate ethics committee shall file opinions with the senate secretary and the house of representatives ethics committee shall file opinions with the chief clerk of the house of representatives. http://www.azleg.state.az.us/ars/38/00507.htm 5/30/2002 3 8-5 10 - Penalties Page 1 of 1 38-510. Penalties A. A person who: 1. Intentionally or knowingly violates any provision of sections 38-503 through 38-505 is guilty of a class 6 felony. 2. Recklessly or negligently violates any provision of sections 38-503 through 38-505 is guilty of a class 1 misdemeanor. B. A person found guilty of an offense described in subsection A of this section shall forfeit his public office or employment if any. C. It is no defense to a prosecution for a violation of sections 38-503 through 38-505 that the public officer or employee to whom a benefit is offered, conferred or agreed to be conferred was not qualified or authorized to act in the desired way. D. It is a defense to a prosecution for a violation of sections 38-503 through 38-505 that the interest charged to be substantial was a remote interest. http://www.azieg.state.az.us/ars/3 8/00510.htm 5/30/2002 38-511 - Cancellation of political subdivision and state contracts; definition Page 1 of 1 38-51 1. Cancellation of political subdivision and state contracts; definition A. The state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. B. Leases of state trust land for terms longer than ten years cancelled under this section shall respect those rights given to mortgagees of the lessee by section 37-289 and other lawful provisions of the lease. C. The cancellation under this section by the state or its political subdivisions shall be effective when written notice from the governor or the chief executive officer or governing body of the political subdivision is received by all other parties to the contract unless the notice specifies a later time. D. The cancellation under this section by any department or agency of the state or its political subdivisions shall be effective when written notice from such party is received by all other parties to the contract unless the notice specifies a later time. E. In addition to the right to cancel a contract as provided in subsection A of this section, the state, its political subdivisions or any department or agency of either may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any department or agency of either from any other party to the contract arising as the result of the contract. F. Notice of this section shall be included in every contract to which the state, its political subdivisions, or any of the departments or agencies of either is a party. G. For purposes of this section, "political subdivisions" do not include entities formed or operating under title 48, chapter 11, 12, 13, 17, 18, 19 or 22. http://www.azleg.state.az.us/ars/38/00511.htm 5/30/2002 MEMORANDUM DATE: August 22, 2002 TO: The Honorable 4Ma dwn Council FROM: James B. WilleCo nity Center Director THROUGH: Sintra Hoffmani g Town Manager SUBJECT: Rental Rates foe Community Center. Approximately one year ago, on August 2, 2001, the Town Council granted final approval for the new Community Center's rental rates. There were two levels of rates approved: Category I for Resident/Non-Profit groups and Category II for Commercial/Non-Resident. At their recent August 8t' meeting, the Fountain Hills Community Center Advisory Commission reviewed the current rate structure and discussed proposed increases for the coming year. The process involved an initial rate review with input and recommendations from staff, an analysis of rental rates for other facilities and venues in the Valley and open discussion in order to arrive at a consensus for submittal to Council. The Advisory Commission and staff recommend the following rate changes: For Category I, Residents Non -Profit/, the recommendation is to marginally increase the three- hour meeting room fee from $15 to $20 while leaving the ballroom rates unchanged. For Category II, Commercial/Non-Resident, it was our determination a 15% to 20% increase in ballroom rates would still keep us as the best value in the Valley while meeting room rates should be increase by approximately $10/hour. Rate Change Summary: Category I Resident/Non-Profit Meeting Rooms (was $15) $20/three hours Ballrooms 1 $150/8 hours 2 $300/8 hours 3 $450/8 hours 4 $600/8 hours Category II Commercial/Non-Res. (was $20/hour) $30/hour (was $300) $350/8 hours (was $500) $600/8 hours (was $700) $850/8 hours (was $900) $1100/8 hours For Councils information, attached is the competitive rate study memo used by the Advisory Commission in their deliberations. In addition to rates, the Advisory Commission discussed other means of increasing revenues. It was decided to revise the Services Fee Schedule and moderately increase liquor prices while adding bartenders' fees. Additional informational material includes the Service Fee Schedule with noted changes and the revised Liquor Pricing and Policy. The proposed changes will increase revenues/decrease expenses in the following manner: Increase Category I meeting room rates to $20 $1,500 Increase liquor prices $8,000 Bartender charge -back $5,000 (budgeted expenditure decrease) Increase Commercial rates $4,300 Conservative Total Estimate $18,800 July 25, 2002 MEMO To: Members of the Advi orximission From: Jim Willers, Communit enter Director Re: Rental Rate Informa�o and Proposed New Rate Schedule To attract new and continued business, we need to have our rental rates be in a competitively advantageous marketing position for commercial business and yet remain an affordable facility for Fountain Hills' residents. The following is a comparison of the proposed new rates to similar venues throughout the Valley. The proposed increases are for commercial use only and we recommend keeping residents' rates generally the same. The following lists the rental rates for the Fountain Hills Community Center, Mesa Centennial Center, Glendale Civic Center, Chandler Community Center and other venues in nearby Scottsdale and Phoenix. Spaces to be compared will be similar in size to the Center's Ballrooms. Meeting room rates are varied, but average about the same as our proposed commercial rate of $30 per hour. None rent for $15 for three hours as we currently do for residents. So, looking at the larger spaces, here are the proposed new commercial rates for the Center and the commercial rates from other local venues: Fountain Hills Communitv Center Proposed New Rates— 8 hours of usage 1 Ballroom 2,050 sq. ft. $ 350 (was $300) 2 Ballrooms 4,100 sq. ft. $ 600 (was $500) 3 Ballrooms 6,150 sq. ft. $ 850 (was $700) 4 Ballrooms 8,200 sq. ft. $1100 (was $900) OTHER VALLEY VENUES: Mesa Centennial Center - older rooms, low ceilings except for Centennial Hall which is an older exhibition hall Centennial Hall 15,000 sq. ft. $1,900 Rendezvous Room 12,080 sq. ft. $1,200 Superstition Ballroom 5,100 sq. ft. $ 950 Palo Verde Ballroom 4,567 sq. ft. $ 900 Superstition North 3,800 sq. ft. $ 675 Glendale Civic Center - the Crowne Ballroom subdivides into other smaller combinations similar to the Community Center Crowne Ballroom 13,020 sq. ft. $2,500 Crowne Room 3,999 sq. ft. $ 800 Topaz Room 2,660 sq. ft. $ 550 Garnet Room 1,674 sq. ft. $ 375 L 3 Memo Advisory Commission Page Two Chandler Community Center Main Hall 6,000 sq. ft. $500 for 5 hours, then $50/hour plus $100 for kitchen. 8 hours usage including the kitchen would be $750. Other Valley Venues Fairmont Scottsdale Princess Firerock Country Club Gainey Ranch DoubleTree La Posada Greyhawk Camelback Inn The Gardens of Porter Plaza Old Town Hotel Heard Museum $1,200 site rental up to 1,000 $ 500 to $2,300 site rental 40 to 100 $ 750 site rental up to 220 $ from $34 per person up to 500 $ 85 per person up to 200 $ 110/person plus $1,500 up to 1,000 $2,200 to $2,800 up to 200 $500 - $900 Seasonal up to 200 $2,800 to $3,300 up to 300 These are just a sampling of different venues, but it is obvious our rates, even with the proposed upward adjustment, still represent the best value in the Valley. Proposed Commercial Non -Resident Rates: Ballrooms One $350/8 hours $50/hour after 8 Two $600/8 hours $75/hour after 8 Three $850/8 hours $100/hour after 8 Four $1,100/8 hours $125/hour after 8 Set-up time - 50% of normal rate if additional staff required Lobby (if available) $100/hour $600/8 hours Meeting Rooms Conference $30/hour $150/8 hours Kids' Room $30/hour $150/8 hours Classrooms 1 or 2 $30/hour $150/8 hours Both Classrooms $40/hour $200/8 hours Seminar 1 or 2 $30/hour $150/8 hours Art 1 or 2 $30/hour $150/8 hours Both Art Rooms $40/hour $200/8 hours Memo Advisory Commission Page Three Resident/Non-Profit Rates: It was the staff's opinion not to raise the non-profit residents rates. I agree with that for the ballrooms however I would recommend increasing the three hours meeting room usage fee from $15 to $20. Ballrooms One Two Three Four Set-up time — No charge additional staff. Weekly Service Clubs Quarterly Meetings Lobby (if available) Meeting Rooms Conference Kids' Room Classroom 1 or 2 Both Classrooms Seminar 1 or 2 Art 1 or 2 Both Art Rooms :M $150/8 hours $25/hour after 8 $300/8 hours $50/hour after 8 $450/8hours $75/hour after 8 $600/8hours $100/hour after 8 if the building is staffed, otherwise $25/hour for $50/ballroom/meeting $50/ballroom/meeting $50/hour $300/8 hours $15/3 hours ($20) $15/3 hours ($20) $15/3 hours ($20) $25/3 hours ($30) $15/3 hours ($20) $15/3 hours ($20) $25/3 hours ($30) $15/additional hour $15/additional hour $15/additional hour $25/additional hour $15/additional hour $15/additional hour $25/hour additional L- MEMO August 6, 2002 To: Advisory Commis' Mrnbers From: Jim Willers, Com`enter Director Re: Other Services F chedule Changes Are In bold Italics SERVICE Electricity: 110V 220V RES/NON-PROFIT Audio/Visual: Wireless Microphone Slide Projector Overhead Projector Video Projector Small screen Large Screen 8'x10' Screen Border TV/VCR Portable Sound System Other: NON-RES/COMMERCIAL $15/booth $20/booth $25/booth $40/booth $50/booth $75/booth $10/each $15/each $20%ach $10 $15 $20 $10 $15 $20 $15 $25 $30 N/C 0 $10 $10 $15 $20 $25 $10 0 $15 $25 $15 $40 $30 $25 $50 Easel, paper, markers $10 $15 $20 Dance Floor $3/Square, $100 Max $5/Square/$150 Max Computer Line The Center is able to provide Internet access through a high-speed aDSL connection. Two options are available: 1. An 11 Mbps wireless customer provided adapter connection at $15/computer/day or facility provided adapters at an additional $25/computer/day. 2. A 100 Mbps switched connection with a facility provided Cat 5 cable to the client provided network adapter, Ethernet switch or hub for $125/event/day. Note: Customer provided Wireless Access Points are not permitted. All computers must be running TCP/IP. Technical assistance is available @$30/hr. Kitchen Usage Fees: 5% $25/Ballroom 10% $50/Ballroom All fees subject to Arizona State Tax FOUNTAIN HILLS COMMUNITY CENTER LIQUOR POLICY AND PRICES .� EFFECTIVE AUGUST 20, 2002 Pricing: All Domestic Beer $3 Import/Specialty Beer $4 Wine $5 Well Drinks $4 Premium & Specialty $6 Domestic Beer Keg $125 Domestic Beer Pony Keg $75 Bartenders: Import Beer Keg and Pony Prices vary. Client is responsible to pay for the bartenders' actual serving times. The Center will pay for the set-up and clean-up times. Rate is $15/hour, 3-hour minimum. Recommend one bartender for every 100 guests. Bar Minimum: No minimum per bar other than the bartenders' wages. Bars Will Close: No later than 1/2 hour before the scheduled event closing time. In no case will the bars close later than 11:30 pm. Special Order Items: Must be paid in advance. Unused items remain the property of the Center. No refunds on special orders Hosted Bars: Must be paid in advance NO LIQUOR CAN BE BROUGHT INTO OR LEAVE THE CENTER Emergency Standby Policy.doc Page 1 of 1 Chron 176 A f TAIN �� i 11 a iva9 a • at is Ate" Town of FOUNTAIN HILLS Public Works Department MEMORANDUM TO: Honorable Mayor and Council FROM: Tom Ward, Director of Public o 0 THROUGH: Sintra Hoffman, Acting Town Manager DATE: August 19, 2002 RE: Emergency Standby Policy Resolution 2002-35 Historically, Fountain Hills has never adopted an emergency standby policy. The Street Department is on -call 24 hours a day, 7 days a week. Presently, Tony Marchese, Superintendent of Streets, assumes the role of the on -call person to handle any emergencies, i.e., traffic signals that lose their power and go black, traffic accidents, fallen trees from storms, illegal dumping without encroachment permits in the Town right-of-way, etc. Staff feels that this much responsibility should not be placed on one or even two people, but should be shared with those employees that would participate in the program. This proposed program has been discussed with the Street Department employees and reactions were very positive towards participation. As shown on the research information sheet, many towns and cities have adopted an emergency standby policy, indicating that this is not an uncommon practice. Staff has worked with Joan McIntosh, our Human Resources Administrator, to develop what we think is a fair and equitable policy for the employees and help minimize future liability for the Town. The projected cost for this policy is estimated at $13,052 annually and will be absorbed in the existing budget for '02-'03. We will be requesting this amount in future fiscal budgets. Attached please find the Emergency Standby Policy, a typical emergency standby schedule, research information on other towns and cities and a history of emergency call outs dating back to February 18, 2002 (no records were previously kept). Staff recommends approval of the Emergency Standby Policy, Resolution 2002-35. bb att. RESOLUTION 2002 — 35 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE PERSONNEL POLICIES AND PROCEDURES FOR THE TOWN OF FOUNTAIN HILLS BY AMENDING CHAPTER 3, PAY PLAN. WHEREAS, the Mayor and Common Council on October 4, 1990 adopted the Town of Fountain Hills Policies and Procedures Manual; and WHEREAS, the Mayor and Common Council is now desirous of amending said document; and WHEREAS, it is appropriate for the Mayor and Common Council to, from time to time, adopt appropriate amendments to the Town' s Personnel Policies and Procedures Manual based on new Federal law and other changing conditions; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council of the Town of Fountain Hills, that the Personnel Policies and Procedures Manual of the Town of Fountain Hills is hereby amended as follows: Section 1. That Chapter 3, Section 3.14, regarding overtime is amended to read, "The Town will pay a premium rate to all covered nonexempt employees of one and one-half (1-1/2) the regular rate of pay for hours worked in excess of 40 hours per seven-day workweek. The FLSA defines a workweek as a fixed and regularly recurring period of 168 hours — 7 consecutive 24-hour periods. The Town's standard workweek is Monday through Sunday. Exempt employees are not eligible for overtime pay for performing all necessary duties to insure the proper operation of their departments. Overtime pay rates shall apply to the base salary. Section 2. That Chapter 3 is amended by changing Section 3.15 to "Stand-by and Call - out Pay" and adding the attached policy. Consequently, the current Sections 3.15 will be changed to 3.16, 3.16 to 3.17, 3.17 to 3.18 and 3.18 to 3.19. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 5th day of September, 2002. FOR THE TOWN OF FO AIN HILLS: A ST: `1 \ Jon Be ler, ayor Cassie Hansen, Town Clerk Bill Farrell, Town Aftorney 7intra Hoffman, STAND-BY AND CALL -OUT PAY The Town of Fountain Hills recognizes the need to keep a limited number of qualified staff in a state of readiness after normal work hours to respond to emergencies particularly in areas that are not otherwise staffed around -the -clock. This policy defines provisions for compensating employees for "stand-by" assignments. Employees whose personal activities during off -hours are severely limited due to a stand-by assignment may be compensated for the inconvenience. "Restricted Stand-by": "Restricted" stand-by refers to any after-hours assignment that mandates constant readiness to return to work. "Restricted" employees must carry a designated pager or cell phone and remain in close proximity to the service area. Moreover, the restricted stand-by assignment requires the designated employee to remain ready and able to physically return to the service area within 30 minutes. The restrictive nature of the assignment is recognized as a limitation on personal freedoms (e.g., alcoholic beverages) — and is therefore compensable. Individuals who cannot commit to the mandatory response time should not be assigned — and may not be qualified for the job per se (if stand-by is an essential function of the job). Restricted employees shall be issued a designated pager or cell phone to minimize geographic limitations that impact personal activity. "Unrestricted Stand-by": "Unrestricted" stand-by refers to an after-hours or weekend assignment that is less limiting than the restricted condition. The unrestricted assignment is appropriate for less critical needs that can reasonably wait more than 30 minutes for a personal appearance, or can be addressed via telephone or remote computer access. The unrestricted stand-by condition is not unduly limiting and is, therefore, not compensable. Stand-by Pay: Nonexempt employees who remain in a restricted state of readiness are eligible to receive $2.00 per hour for off -hours. These hours begin after the completion of the workday and continue until resuming work the following workday. Employees are not eligible for stand-by pay during hours that they are scheduled to work (including weekends and holidays). Employees are not eligible for stand-by pay unless they have been formally scheduled for coverage. Unrestricted stand-by assignments do not qualify for pay unless the employee actually works (even though the employee may be required to carry a pager or cell phone). Typically, no more than one employee per service area should be scheduled for a stand-by assignment. Call -Back Pay: Nonexempt employees assigned to an unrestricted standby status may earn their regular rate of pay whenever they are called upon to return to work. This time will be considered "regular" hours worked in the calculation of overtime. Time spent after-hours by a nonexempt employee engaged in work via telephone or remote computer access, is also compensable at regular rate. OR Nonexempt employees who physically return to the service area for a "restricted" stand by assignment, will earn 1.5 times their regular rate for hours actually worked ("call-back"). Employees who "must" come to work from standby are assured a minimum of two hours pay. Employees will not receive stand-by pay for call-back hours worked during the stand-by period. Stand -By Schedules: Supervisors are responsible for scheduling stand-by assignments equitably among qualified employees. Employees may, however, "trade" assignments with other qualified and comparably classified peers. A "trade" must be done for the entire day if the assigned employee is taking a vacation day, sick day, bereavement leave, on a leave of absence, or not able or available to work.. Supervisors must authorize the trade, but are not expected to facilitate the process among employees. Stand -By Responsibilities: Employees assigned stand-by are responsible for insuring that the pager and cell phone are operational at all times. If an employee does not meet these responsibilities, he/she will forfeit the stand-by pay from the time of the first attempt to contact him/her to the end of the stand-by period. Each employee will be responsible for completing a timesheet documenting each time he/she is on stand-by and call-back and forwarding to his/her supervisor for approval. Town of Fountain Hills Street Department Emergency Standby Schedule One Week Schedule Monday 3:00 P.M. To Tuesday 6:30 A.M. 15.5 hours Tuesday 3:00 P.M. To Wednesday 6:30 A.M. 15.5 hours Wednesday 3:00 P.M. To Thursday 6:30 A.M. 15.5 hours Thursday 3:00 P.M. To Friday 6:30 A.M. 15.5 hours Friday 3:00 P.M. To Saturday 12:00 A.M. 9:0 hours Saturday 12:00 A.M. To Sunday 12:00 A.M. 24.0 hours Sunday 12:00 A.M. To Monday 12:00 A.M 24.0 hours Monday 12:00 A.M. To Monday 6:30 A.M. 6.5 hours 125.5 hrs. x $2.00 = $251.00 per week If the scheduled week includes a holiday, add 8'/z hours to the total. Research Information on Stand-by Policy City Stand-by Policy Apache Junction Non-exempt employees are paid $1.00 per hour for stand-by pay and paid their regular hourly rate (11/z times their regular rate if the hours are in excess of 40 per week) for each hour worked with a minimum of one hour payable for call-back ay. Avondale Non-exempt employees are paid $2.00 per hour for stand-by pay and paid their regular hourly rate (11/z times their regular rate if the hours are in excess of 40 per week) for each hour worked with a minimum of two hours payable for call-back ay. Gilbert Non-exempt employees are paid one hour at 1'/z times their hourly rate for each day they are assigned stand-by duty and are paid for each hour worked at 11/z times their regular hourly rate with a minimum of one hour payable for the first call-back. All subsequent call-backs in a single day will be paid for the actual time worked in quarter hour increments. Kingman Non-exempt employees are paid one hour of their regular rate of pay for each three hours of stand-by duty and are paid 11/z times their hourly rate for each hour worked with a minimum of two hours payable for call-back pay. Mesa Non-exempt employees are paid one hour of pay at the current range and step as stand-by pay on a normally scheduled workday and two hours pay at the current range and step for a non-scheduled workday. An employee that is called out shall be paid 11/z times the hourly rate for each hour worked with a minimum of one hour payable for the employee's regularly scheduled work day and two hours payable for the employee's regular day off. Paradise Valley Non-exempt employees are paid one hour of pay for each regular scheduled workday and two hours of pay for each non-scheduled workday while on stand-by duty. They are paid their regular hourly rate (11/z times their hourly rate if the hours are in excess of 40 per week) for each hour worked with a minimum of three hours payable for call-back pay. The employees have the option to shorten their workweek by the number of hours called back in lieu of payment. Peoria Non-exempt employees are paid $2.00 per hour for stand-by duty and paid at 11/a times their regular hourly rate for each hour worked with a minimum of two hours payable for call-back pay. Prescott Valley Non-exempt employees in their Public Works department are paid three hours of their regular hourly rate per week for stand-by duty and are also paid their regular hourly rate (11/z times their hourly rate if the hours are in excess of 40 per week) for each hour worked for call-back pay. Scottsdale Non-exempt employees are paid two hours at their regular hourly rate for each . day they are on stand-by duty and 11/z times their regular rate of pay for call-back Tempe ay. Non-exempt employees are paid $3.20 per hour for stand-by duty and paid 11/z times their regular hour rate for each hour worked with a minimum of two hours payable for call-back pay. R Town of Fountain Hills Street Department Emergency Standby Summary Sheet Week Of Call Outs O.T Hrs. 1 Feb. 18 2002 0 0.0 2 Feb. 25 2002 0 0.0 3 Mar. 4, 2002 1 2.0 4 Mar. 11, 2002 1 2.0 6 Mar. 18, 2002 1 2.0 7 Mar. 25, 2002 0 0.0 8 Apr. 1, 2002 4 8.0 9 Apr. 8, 2002 0 0.0 10 Apr.15, 2002 1 2.0 11 Apr. 22, 2002 0 0.0 12 Apr. 29, 2002 1 2.0 13 May.6, 2002 1 2.0 14 May.13, 2002 0 0.0 15 May.20, 2002 2 4.0 16 May.27, 2002 1 2.0 17 Jun.3, 2002 2 4.0 18 Jun.10, 2002 2 4.0 19 Jun. 17, 2002 1 2.0 20 Jun. 24, 2002 1 2.0 21 Jul. 1, 2002 1 2.0 22 Jul. 8, 2002 5 n/a 23 Jul. 15, 2002 1 n/a 24 Jul. 22, 2002 4 n/a 25 Jul. 29, 2002 1 n/a 26 Aug. 5, 2002 2 4 27 Aug. 12, 2002 1 n/a 28 Aug. 19, 2002 4 n/a Totals 38 44.0 STAND-BY AND CALL -OUT PAY The Town of Fountain Hills recognizes the need to keep a limited number of qualified staff in a state of readiness after normal work hours to respond to emergencies particularly in areas that are not otherwise staffed around -the -clock. This policy defines provisions for compensating employees for "stand-by" assignments. Employees whose personal activities during off -hours are severely limited due to a stand-by assignment may be compensated for the inconvenience. "Restricted Stand-by": "Restricted" stand-by refers to any after-hours assignment that mandates constant readiness to return to work. "Restricted" employees must carry a designated pager or cell phone and remain in close proximity to the service area. Moreover, the restricted stand-by assignment requires the designated employee to remain ready and able to physically return to the service area within 30 minutes. The restrictive nature of the assignment is recognized as a limitation on personal freedoms (e.g., alcoholic beverages) — and is therefore compensable. Individuals who cannot commit to the mandatory response time should not be assigned — and may not be qualified for the job per se (if stand-by is an essential function of the job). Restricted employees shall be issued a designated pager or cell phone to minimize geographic limitations that impact personal activity. "Unrestricted Stand-by": "Unrestricted" stand-by refers to an after-hours or weekend assignment that is less limiting than the restricted condition. The unrestricted assignment is appropriate for less critical needs that can reasonably wait more than 30 minutes for a personal appearance, or can be addressed via telephone or remote computer access. The unrestricted stand-by condition is not unduly limiting and is, therefore, not compensable. Stand-by Pay: Nonexempt employees who remain in a restricted state of readiness are eligible to receive $2.00 per hour for off -hours. These hours begin after the completion of the workday and continue until resuming work the following workday. Employees are not eligible for stand-by pay during hours that they are scheduled to work (including weekends and holidays). Employees are not eligible for stand-by pay unless they have been formally scheduled for coverage. Unrestricted stand-by assignments do not qualify for pay unless the employee actually works (even though the employee may be required to carry a pager or cell phone). Typically, no more than one employee per service area should be scheduled for a stand-by assignment. Call -Back Pay: Nonexempt employees assigned to an unrestricted standby status may earn their regular rate of pay whenever they are called upon to return to work. This time will be considered "regular" hours worked in the calculation of overtime. Time spent after-hours by a nonexempt employee engaged in work via telephone or remote computer access, is also compensable at regular rate. :4 Nonexempt employees who physically return to the service area for a "restricted" stand by assignment, will earn 1.5 times their regular rate for hours actually worked ("call-back"). Employees who "must" come to work from standby are assured a minimum of two hours pay. Employees will not receive stand-by pay for call-back hours worked during the stand-by period. Stand -By Schedules: Supervisors are responsible for scheduling stand-by assignments equitably among qualified employees. Employees may, however, "trade" assignments with other qualified and comparably classified peers. A "trade" must be done for the entire day if the assigned employee is taking a vacation day, sick day, bereavement leave, on a leave of absence, or not able or available to work.. Supervisors must authorize the trade, but are not expected to facilitate the process among employees. Stand -By Responsibilities: Employees assigned stand-by are responsible for insuring that the pager and cell phone are operational at all times. If an employee does not meet these responsibilities, he/she will forfeit the stand-by pay from the time of the first attempt to contact him/her to the end of the stand-by period. Each employee will be responsible for completing a timesheet documenting each time he/she is on stand-by and call-back and forwarding to his/her supervisor for approval. Town of Fountain Hills Street Department Emergency Standby Schedule One Week Schedule Monday 3:00 P.M. To Tuesday 6:30 A.M. 15.5 hours Tuesday 3:00 P.M. To Wednesday 6:30 A.M. -15.5 hours Wednesday 3:00 P.M. To Thursday 6:30 A.M. 15.5 hours Thursday 3:00 P.M. To Friday 6:30 A.M. 15.5 hours Friday 3:00 P.M. To Saturday 12:00 A.M. 9:0 hours Saturday 12:00 A.M. To Sunday 12:00 A.M. 24.0 hours Sunday 12:00 A.M. To Monday 12:00 A.M 24.0 hours Monday 12:00 A.M. To Monday 6:30 A.M. 6.5 hours 125.5 hrs. x $2.00 = $251.00 per week If the scheduled week includes a holiday, add 8'/z hours to the total. L Research Information on Stand-by Policy city Stand-by Policy Apache Junction Non-exempt employees are paid $1.00 per hour for stand-by pay and paid their regular hourly rate (11/2 times their regular rate if the hours are in excess of 40 per week) for each hour worked with a minimum of one hour payable for call-back ay. Avondale Non-exempt employees are paid $2.00 per hour for stand-by pay and paid their regular hourly rate (11/2 times their regular rate if the hours are in excess of 40 per week) for each hour worked with a minimum of two hours payable for call-back a. Gilbert Non-exempt employees are paid one hour at 11/2 times their hourly rate for each day they are assigned stand-by duty and are paid for each hour worked at 11/2 times their regular hourly rate with a minimum of one hour payable for the first call-back. All subsequent call-backs in a single day will be paid for the actual time worked in quarter hour increments. Kingman Non-exempt employees are paid one hour of their regular rate of pay for each three hours of stand-by duty and are paid 11/2 times their hourly rate for each hour worked with a minimum of two hours payable for call-back pay. Mesa Non-exempt employees are paid one hour of pay at the current range and step as stand-by pay on a normally scheduled workday and two hours pay at the current range and step for a non-scheduled workday. An employee that is called out shall be paid 11/2 times the hourly rate for each hour worked with a minimum of one hour payable for the employee's regularly scheduled work day and two hours payable for the employee's regular day off. Paradise Valley Non-exempt employees are paid one hour of pay for each regular scheduled workday and two hours of pay for each non-scheduled workday while on stand-by duty. They are paid their regular hourly rate (11/2times their hourly rate if the hours are in excess of 40 per week) for each hour worked with a minimum of three hours payable for call-back pay. The employees have the option to shorten their workweek by the number of hours called back in lieu of payment. Peoria Non-exempt employees are paid $2.00 per hour for stand-by duty and paid at 11/2 times their regular hourly rate for each hour worked with a minimum of two hours payable for call-back pay. Prescott Valley Non-exempt employees in their Public Works department are paid three hours of their regular hourly rate per week for stand-by duty and are also paid their regular hourly rate (11/2 times their hourly rate if the hours are in excess of 40 per week) for each hour worked for call-back pay. Scottsdale Non-exempt employees are paid two hours at their regular hourly rate for each - day they are on stand-by duty and 11/2 times their regular rate of pay for call-back a. Tempe Non-exempt employees are paid $3.20 per hour for stand-by duty and paid 11/2 times their regular hour rate for each hour worked with a minimum of two hours payable for call-back pay. Town of Fountain Hills Street Department Emergency Standby Summary Sheet Week Of 1 Feb. 18 2002 Call Outs O.T Hrs. 0 0.0 2 Feb. 25 2002 0 0.0 3 Mar. 4, 2002 1 2.0 4 Mar. 11, 2002 1 2.0 6 Mar. 18, 2002 1 2.0 7 Mar. 25, 2002 0 0.0 8 Apr. 1, 2002 4 8.0 9 Apr. 8, 2002 0 0.0 10 Apr. 15, 2002 1 2.0 11 Apr. 22, 2002 0 0.0 12 Apr. 29, 2002 1 2.0 13 May 6, 2002 1 2.0 14 May. 13, 2002 0 0.0 15 May.20, 2002 2 4.0 16 May 27, 2002 1 2.0 17 Jun.3, 2002 2 4.0 --=-18 Jun.10;{2002 2 4.0 19 Jun. 17, 2002 1 2.0 20 Jun. 24, 2002 1 2.0 21 Jul. 1, 2002 1 2.0 22 Jul. 8, 2002 5 n/a 23 Jul. 15, 2002 1 n/a 24 Jul. 22, 2002 4 n/a 25 Jul. 29, 2002 1 n/a 26 Aug 5, 2002 2 4 27 Aug 12, 2002 1 n/a 28 Aug 19, 2002 4 n/a 38 44.0 a.� Chron AIN f�l a Town of FOUNTAIN HILLS ao � II s1 Public Works Department \�•a, e� r� -0 Engineering Division MEMORANDUM TO: Honorable Mayor and Town ouncil FROM: Randy Harrel, Town Enginee THROUGH: Tom Ward, The Director of Public Works DATE: August 21, 2002 RE: Speed Limits Traffic speeds and speed limits received significant discussion during the Council's deliberations regarding both the proposed Palatial Estates and Sierra Madre Estates subdivision recently. Staff also intends to bring forward our tri-annual update to the Town's speed limits found in Section 12-2-2 (Traffic Control Devices and Speed Limits) of the Town Code, in the near future. So, providing the Council (and particularly the new Council members) with some background information regarding setting speed limits seemed to be appropriate at this time. We have attached a copy of the ADOT Traffic Engineering Section's pamphlet titled "Establishing Speed Limits, a Case of Majority Role", for your review. This pamphlet is a succinct, non -technical description of how reasonable speed limits are established. (As you know, the national 55 mph maximum speed limit is no longer the law, so we have x'd through that section, but have left it in for historical reference - and easy Xeroxing). We hope that this pamphlet provides you with some good background information on this potentially controversial and divisive subject. /jb att: cc: Tony Marchese Tom Ward Captain Penrose/MCSO Scott LaGreca Marshall Tate Palatial Estates and Sierra Madra Estates - Speed Limit.doc Page 1 of 1 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 f° Dc p -' T� o s 3 C� cMC--m fD�. Tc m M So 3'm a- ' <•c o c m O_�ac T� �.S = w m 3 <� C1 W D n• 3 oo oc c 7 T m �• < W m m° H ° m cfD, 3.< n0 F d 7 c Sd n0 °' S a n' r1p K 7 j a t9a.m �� m `^ p•O 0'� 7 m T m r9 » o. m �'m `o ao - <' < d -< m m p'° N N d 3 rn a< m d� ». �o a��d a>> dmca3' -N <oo' �� a 0 C �w n' d_cafD `�°o° �oo_`D� 3oc oQ��o� °° °<'� 0Fr<o0 M -� ° n-Y �.� - <'� TID o �n'� Cl. d a� c3 m o m°7° Tw � o S� �.T SN N' c _ 3 d I m Gi _ = A O y oo Gmi <' c, O- < OC v+• N - ,,,�' C m j. c m =. 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