HomeMy WebLinkAbout2002.0905.TCREM.Packeto �
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�'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
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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
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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
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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)
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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 �
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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
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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
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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
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