HomeMy WebLinkAbout2021.0907.TCRM.Agenda.Packet
NOTICE OF MEETING
COMBINED REGULAR MEETING/WORK SESSION
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
Vice Mayor Alan Magazine
Councilmember Gerry Friedel
Councilmember Sharron Grzybowski
Councilmember Peggy McMahon
Councilmember Mike Scharnow
Councilmember David Spelich
TIME: 5:30 P.M. – COMBINED REGULAR MEETING/WORK SESSION
WHEN: TUESDAY, SEPTEMBER 7, 2021
WHERE:
FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may
be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents
pursuant to A.R.S. §1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Council meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council
Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which
you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments
should be directed through the Presiding Officer and not to individual Councilmembers.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a
written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town
Clerk prior to discussion, if possible.
TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting
https://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting .
These comments will be shared with the Town Council.
REGULAR MEETING
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice
and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.
§38-431.03(A)(3).
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
2.MOMENT OF SILENCE
3.ROLL CALL – Mayor Dickey
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
A.PROCLAMATION: 9/11 20th Year Tribute
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION: Jack Lunsford will present the highlights from the 2021 session of the
Arizona State Legislature including major legislation passed into law.
B.PRESENTATION: Online Permitting System
C.PRESENTATION: Viewing of American Academy for Park and Recreation Administration, in
partnership with the National Recreation and Park Association, Gold Medal Finalist video
6.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised
during Call to the Public unless the matters are properly noticed for discussion and legal action. At the
conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to
review a matter, or (iii) ask that the matter be placed on a future Council agenda.
7.CONSENT AGENDA ITEMS
Combined Regular Meeting/Work Session of September 7, 2021 2 of 4
7.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for
which the item was scheduled. The items will be removed from the Consent Agenda and considered in its
normal sequence on the agenda.
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special Meeting
of August 17, 2021; the Regular Meeting of August 17, 2021; and the Special Meeting of
August 24, 2021.
B.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application for the River of Time Museum of Fountain Hills for a fundraiser to be held in
the Grand Ballroom of the Fountain Hills Community Center on October 27, 2021, from
5:00 pm to 10:00 pm.
C.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application for the Fountain Hills Theater to dispense alcohol in conjunction with the
Fountain Hills Theater Re-Grand Opening event on September 10, 2021.
D.CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2021-28 designating the
Town's Tourism Division/Experience Fountain Hills as the Destination Marketing
Organization (DMO) and approving the Town Manager to serve as the authorized
signatory for the Arizona Office of Tourism (AOT).
E.CONSIDERATION AND POSSIBLE ACTION: Authorizing staff to apply for and accept
enhanced Tourism grant funding from the Arizona Office of Tourism's Visit Arizona
Initiative and approve all necessary budget transfers.
F.CONSIDERATION AND POSSIBLE ACTION: Adopting Resolution 2021-30 approving an
Intergovernmental Agreement with the Fort McDowell Yavapai Nation relating to
Proposition 202 funding.
G.CONSIDERATION AND POSSIBLE ACTION: Termination of Easement for Access,
Construction and Maintenance of Parking Facilities Uses between the Town of Fountain
Hills and the Boys and Girls Clubs of Scottsdale, Inc.
H.CONSIDERATION AND POSSIBLE ACTION: Adopting Resolution 2021-31 approving an
Intergovernmental Agreement with the Salt River Pima Maricopa Indian Community
related to the receipt of Proposition 202 funding.
Combined Regular Meeting/Work Session of September 7, 2021 3 of 4
Combined Regular Meeting/Work Session of September 7,2021 4 of 4
8. REGULAR AGENDA
A. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-06 amending
the Zoning Ordinance, Chapter 1 to change the definition of hospital and Chapter 12 to
provide for hospitals as a permitted use.
B. PUBLIC HEARING, CONSIDERATION,AND POSSIBLE ACTION: Ordinance No. 21-02,
establishing Section 2.08, Citizen Participation, in the Zoning Ordinance.
C. CONSIDERATION AND POSSIBLE ACTION: Approval of the proposed uses of the funds
received from the American Rescue Plan Act.
9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s)listed below are related only to the propriety of(i)placing such item(s)on a future agenda for action,
or(ii)directing staff to conduct further research and report back to the Council.
10. ADJOURNMENT
WORK SESSION
1. CALL TO ORDER
2. DISCUSSION AND POSSIBLE DIRECTION: Fee Waiver Policy.
3. ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this A day of , !,♦ LJ/._ _A. 2021.
_� / 4 ,i:I 1 Aril
Er-abeth A ' , MMC,Town Clerk
The Town 'ountain Hills endeavors to make all public meetings accessible to persons with disabilities.Please call 480-816-5199(voice)
or 1-800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format.Supporting documentation and staff reports furnished the Council with this agenda are available
for review in the Clerk's Office.
ITEM 4. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/07/2021 Meeting Type: Combined Regular Meeting/Work Session
Agenda Type: Reports Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information:
SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): PROCLAMATION: 9/11
20th Year Tribute
Staff Summary (Background)
Mayor Dickey is proclaiming the 9/11 20th Year Tribute.
Attachments
Proclamation
Form Review
Form Started By: Elizabeth A. Klein Started On: 08/31/2021 07:47 AM
Final Approval Date: 08/31/2021
ITEM 5. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/07/2021 Meeting Type: Combined Regular Meeting/Work
Session
Agenda Type: Public
Appearances/Presentations Submitting Department: Administration
Prepared by: Grady E. Miller, Town Manager
Staff Contact Information: Grady E. Miller, Town Manager
SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): PRESENTATION: Jack
Lunsford will present the highlights from the 2021 session of the Arizona State Legislature including
major legislation passed into law.
Staff Summary (Background)
For the past two years, the Town of Fountain Hills has contracted with Jack Lunsford to provide
government relations services to the organization. This includes lobbying activities, legislative analyses,
advising the town on policy matters as well as representing the Town's policy positions with state and
federal legislators, members of Congress, Governor's Office, and key administrators.
While Mr. Lunsford was originally hired to represent the Town's interests with the proposed Phoenix Sky
Harbor flight path changes the City of Scottsdale was seeking from the FAA, his role was expanded this
past year. During the 2021 legislative session, he assisted the town with legislative analyses and lobbying
activities. This included contacting legislators regarding proposed bills, attending committee meetings,
and testifying on bills.
During the Town Council meeting on September 7, 2021, Jack Lunsford will present the highlights from
the 2021 session of the Arizona Legislature. This will include the most significant bills and their impact
on the Town of Fountain Hills and other municipalities.
Attachments
2021 Legislation
Form Review
Inbox Reviewed By Date
Finance Director David Pock 08/31/2021 06:17 AM
Town Attorney Elizabeth A. Klein 08/31/2021 07:41 AM
Town Manager (Originator)Elizabeth A. Klein 08/31/2021 07:41 AM
Form Started By: Grady E. Miller Started On: 08/30/2021 09:08 PM
Final Approval Date: 08/31/2021
2021 New Laws Report
Prepared by
League of Arizona Cities and Towns
1820 West Washington Street
Phoenix, Arizona 85007
(602) 258-5786
www.azleague.org
INTRODUCTION
The 2021 New Laws Report of the League of Arizona Cities
and Towns is designed to guide those enactments of the first
regular session and the first special session of the 55th Arizona
Legislature that have demonstrable impacts on municipalities.
During the last regular session, 1,774 bills were introduced in
the House and Senate. Two bills were introduced in the House
and Senate during the special session. Of these, 474 passed
the Legislature and were sent to the governor, 28 were
vetoed, and 446 were signed into law. Almost 24% of these
enactments affect cities and towns and are summarized in the
Report.
Scope and Use
This digest is intended only to identify and summarize those new
laws with significant impacts on Arizona municipalities. It does
not describe every provision of every law in detail, but it does
provide a hyperlink to the information, and chaptered version
of each law summarized. For a fuller understanding of new
laws, readers are encouraged to review the exact language
of their provisions, as well as relevant legislative history. For
those new enactments that modify current law, the Report makes
no effort to describe the underlying law other than to provide
sufficient context for understanding the statutory modification.
Furthermore, the Report focuses on only those new laws with
broad statewide applicability to cities and towns.
Effective Dates
Unless otherwise noted, the effective date of the new laws
described in the Report is September 29, 2021. This date
– 90 days after the legislative session’s conclusion – is the
general effective date for all enactments that are passed
without an emergency clause or alternative effective date.
This Report identifies effective dates that vary from the
general effective date. Where appropriate, it also includes
other statutory dates, such as repeal dates, implementation
dates, and deadlines.
Disclaimers
This Report, published as a service to League members, does
not necessarily identify every law impacting municipalities. It
is neither designed nor intended to provide legal advice or
counsel. It should be relied upon only as a reference tool and
not as a comprehensive guidance document. In certain limited
instances, this Report does highlight action items that cities and
towns should consider. However, in no case should this Report
substitute for the independent judgment of your city or town
manager, or attorney.
1
Part One:
Courts, Civil and Criminal Justice, and Law Enforcement 2
Part Two:
Campaigns, Elections and Recordkeeping 5
Part Three:
Taxes, Budget, and Finance 8
Part Four:
General Government 12
Part Five:
Transportation and Traffic Enforcement 15
Part Six:
Labor, Employment, Retirement and Benefits 16
2
Part One: Courts, Civil and Criminal Justice, and Law Enforcement
HB 2098 missing children; law enforcement;
reporting
(Chapter 364)
Requires law enforcement agencies that receive a report of
a missing, kidnapped, or runaway child to submit specified
information to the Arizona Crime Information Center, the
National Crime Information Center (NCIC), and the National
Missing and Unidentified Persons system within two hours
of receiving a report. If a law enforcement agency receives
a report of a missing, kidnapped, or runaway child in the
foster care system, the agency must notify the National Center
for Missing & Exploited Children. Prohibits an entry from
being removed from any database until the child is found or
if the case is closed.
HB 2110 civil penalties; mitigation; restitution
(Chapter 288)
If requested by a person other than a juvenile offender, the bill
authorizes a court to order the person to perform community
restitution instead of paying a monetary obligation for a civil traffic
violation at sentencing and at the person’s request. Specifies that
a defendant may request for community restitution (in lieu of a
monetary obligation) to be credited at a rate of the state minimum
wage rounded to the nearest dollar, rather than $10 per hour.
Sets the same rate for community restitution of a juvenile adjudicated
delinquent for a specified criminal damage violation. It also defines
monetary obligation as a civil penalty, a surcharge, an assessment,
or a fee, except for a time payment fee.
HB 2111 2nd amendment; unenforceable federal
laws
(Chapter 182)
Prohibits any political subdivision from using personnel or financial
resources to enforce, cooperate with, or administer any federal
law, act, order, rule, treaty or regulation that is inconsistent with
Arizona law regarding the regulation of firearms.
HB 2168 use of force; reports; analysis
(Chapter 290)
Requires law enforcement agencies to collect and report use-of-force
incidents to the Arizona Criminal Justice Commission at least
once a year. Data collection and reporting must be consistent
with the guidelines adopted by ACJC and the National Use
of Force Data Collection. Defines law enforcement agency,
national use-of-force data collection, serious physical injury and
use-of-force incident.
Effective Date: January 1, 2022
HB 2171 marijuana violations; court jurisdiction;
procedures
(Chapter 222)
An emergency measure that grants court jurisdiction over civil
marijuana violations, including those committed by people
under 18. It allows a civil marijuana violation case to be
commenced by: (1) the issuing of a uniform traffic ticket and
complaint by a peace officer within 60 days after the alleged
violation (and the complaint will need to be filed with the court
within 10 court days after its issuance), or (2) the filing of
a uniform traffic ticket and complaint within 60 days after the
alleged violation (and later delivering a copy to the person by
any means authorized by the Arizona Rules of Civil Procedure
within 90 days after the filing date). The original citation
must be amended through the court if a peace officer seeks
to change the date, time, or location of the violation of the
section of the law on the citation. It allows a peace officer to
stop and detain a person reasonably necessary to investigate
an actual or suspected violation of A.R.S. § 36-2853 and
serve the complaint.
Effective Date: April 14, 2021
HB 2242 agency actions; procedures; fee awards
(Chapter 161)
Changes the cap on the award of attorney fees in non-tax actions
against political subdivisions to the amount the prevailing party
agreed to pay the attorney or a maximum rate of $350 per
hour. It removes the $10,000 cap on awards of fees against
a city or town in specified actions. It increases, from $75,000
to $150,000, the maximum award of fees against the state
or a political subdivision for fees incurred at each level of judicial
appeal in specified actions.
HB 2294 yielding to emergency vehicles;
penalties
(Chapter 292)
Specifies the penalties for not yielding to or proceeding with
caution around a vehicle displaying warning lights: $275 for
a first violation, $500 for a second violation within five years,
and $1,000 for any subsequent offense within five years.
HB 2295 law enforcement officers; database;
rules
(Chapter 336)
Requires a prosecuting agency to mail written notices to a law
enforcement officer at least ten days, or as soon as practicable,
before the agency submits the officer’s name to a 15.1 rule
database. Specifies what must be included in the written notice.
Directs the law enforcement officer’s current or last known employer,
on receipt of the written notice from a prosecuting agency, to
provide written notice to the officer if the officer’s contact
information is available. Directs a prosecuting agency that
maintains a database to adopt a policy that meets specific
3
requirements. Prohibits employment actions against an officer
solely because the officer’s name is in the database, but the
underlying facts may serve as grounds for taking a disciplinary
action against the officer. States the name must be removed from
the database if the officer’s request for reconsideration is approved
by the prosecuting agency. States prosecutors are not restricted
from rule 15.1 disclosures, including while a decision or a request
for reconsideration is still under consideration. States a prosecuting
agency is not limited from removing a name from the database
as appropriate. Defines prosecuting agency and rule 15.1 database.
HB 2410 safe havens; newborn infant age
(Chapter 195)
Expands the age of a newborn infant for children left with safe
haven providers to be a child 30 days old or younger. Clarifies
that safe haven providers should only follow protocols when the
child is not alleged to have been neglected or abused.
HB 2462 civilian review board members; training
(Chapter 338)
Requires civilian review board members to complete either a
community college police academy or 80 hours of AZPOST
board-certified training in specific subjects. For individuals
currently serving on a civilian review board, the measure
allows members to complete the required training within one
year after the bill’s effective date.
The criminal justice budget reconciliation bill (HB 2893) amended
HB 2462 to allow individuals that are currently or were previously
AZPOST certified to serve on civilian review boards. HB 2893
stipulates that setting and maintaining standards of professionalism
and integrity for law enforcement officers is of statewide concern.
Effective Date: January 1, 2021 (See section 28 of HB 2893
criminal justice; budget reconciliation; 2021-2022)
HB 2484 animal fighting paraphernalia; offense
(Chapter 35)
Defines animal fighting paraphernalia and classifies owning,
exchanging, or manufacturing paraphernalia for or intention
to participate in animal fighting as a class 1 misdemeanor.
HB 2550 complaints against peace officers;
notification
(Chapter 423)
Before accepting a complaint against an officer, the law
enforcement agency must notify the person making the
complaint that it is a Class 1 misdemeanor to knowingly
make a false, fraudulent or unfounded report or statement
or knowingly misrepresent a fact.
HB 2567 peace officers; investigator membership
requirements
(Chapter 322)
For government committees, boards, agencies, departments, or
entities that investigate law enforcement officer misconduct or
recommend disciplinary actions, HB 2567 requires two-thirds
of voting members to be AZPOST certified officers from the same
department or agency as the officer subject to an investigation.
Allows a supervisor, department, or agency head to investigate
and impose discipline for an officer’s misconduct if the supervisor,
department, or agency head acts independently of the committee,
board, or entity. Exempts the AZPOST Board and any government
committee, board, or entity that does not determine an initial
level of disciple from the membership requirements outlined in
the bill.
The criminal justice budget reconciliation bill (HB 2893) amended
HB 2567 to stipulate that setting and maintaining standards of
professionalism and integrity for law enforcement officers is
of statewide concern.
Effective Date: January 1, 2021 (See section 28 of HB 2893
criminal justice; budget reconciliation; 2021-2022)
HB 2615 epinephrine injections; first responders
immunity
(Chapter 165)
Authorizes a first responder to inject a person they believe
is experiencing anaphylaxis with an epinephrine injection.
Additionally, it protects the first responder who gives the
injection from professional liability and criminal prosecution.
HB 2624 public officials; entities; civil liability
(Chapter 324)
A public entity is not liable for damages because of an injury
caused by any act or omission by a public officer who renders
emergency care gratuitously and in good faith in a public building,
at a public gathering on the grounds of a public building or at the
scene of an emergency. This act does not apply if the public officer
is guilty of gross negligence while rendering emergency care.
HB 2810 civil asset forfeiture; conviction;
procedures
(Chapter 327)
Stipulates that property may only be subject to seizure or forfeiture
if the owner is convicted of an offense where forfeiture applies,
and the state establishes by clear and convincing evidence that
the property is subject to seizure. After an individual is convicted
of an applicable offense, a court may order a person to forfeit
property acquired by committing the offense, including property
used to facilitate the offense. A court may waive the conviction
requirement for forfeiture if prosecutors can show that the
4
defendant has died, no longer resides in the U.S., fled the
jurisdiction of the state, or abandoned the property.
Officers making a warrantless seizure for forfeiture must have
probable cause to believe the property is subject to forfeiture
and are prohibited from requesting a person to relinquish an
interest in or right to property. Finally, it extends the period to
60 days rather than 30 days for an owner of seized property
to file a claim during forfeiture proceedings.
SB 1249 conviction; set aside; traffic violations
(Chapter 209)
Allows individuals convicted of criminal offenses related to a
traffic violation, including driving on a suspended or revoked
license to apply to the court to have a judgment of guilt set aside.
SB 1256 victim’s privacy; criminal case
information
(Chapter 40)
Requires any information relating to a victim’s identity or
location obtained by law enforcement or prosecution agency
be redacted from records about the victim’s criminal case.
SB 1265 court rules; signatures; court documents
(Chapter 138)
Allows the court to accept documents signed electronically,
including a written declaration, verification, certificate,
statement, oath, or affidavit.
SB 1420 consular identification; validity;
biometric verification
(Chapter 42)
Requires cities and towns to accept consular identification cards
issued by foreign governments as valid forms of identification.
It defines biometric identity verification techniques that must be
met for the consular identification cards to qualify for acceptance.
SB 1533 obstructing highways; racing;
assessment; impoundment
(Chapter 433)
Requires law enforcement officers to either impound or immobilize
a vehicle if a person is driving the vehicle in violation of reckless
driving, racing on highways, or obstructing a highway or public
thoroughfare. Assesses an additional $1,000 penalty on every
fine imposed for a violation of racing on highways. It makes it a
Class 2 misdemeanor to aid and abet the commission of racing
on highways or reckless driving.
Lowers from a Class 2 misdemeanor to a Class 3 misdemeanor
obstructing a public thoroughfare by intentionally activating a
pedestrian signal to stop traffic to solicit donation or business.
SB 1551 driver license suspensions; restrictions
(Chapter 189)
Removes the requirement for a court to suspend or restrict a license
for failure to pay a civil penalty for civil traffic violations. This bill
does not apply to commercial driver’s licenses.
5
Part Two: Campaigns, Elections, and Recordkeeping
HB 2023 political signs; ballot measures;
tampering
(Chapter 27)
Expands the political sign tampering classification to include ballot
measures. A person authorized by the committee in support or
opposition of the ballot measure, question, or issue is not subject
to this classification. In addition, the bill specifies the restriction on
a person tampering with a candidate sign ends seven days after
the primary election if the candidate does not advance from the
primary to the general election.
HB 2181 write-ins; residency; filing deadline
(Chapter 318)
Allows the tallying of early ballots to begin immediately after
the envelope and completed affidavit are processed and
delivered to the early election board, rather than 14 days
before an election. Requires, at the time of filing, a person
desiring to become a write-in candidate for an elective office,
other than a city or town office, to be a qualified elector of
the county or district the person proposes to represent; and a
resident of the county or district the person proposes to represent
for 120 days before the date of the election. Please note that this bill
does not impact the residency requirements for a write-in candidate
for a city or town council. A candidate running for election to a
city or town council must be at least 18 years old, a qualified
elector residing within the city or town and a resident of the
city or town for at least one year preceding the next election,
with certain exceptions (A.R.S. § 9-232).
HB 2308 recall petitions and elections; revisions
(Chapter 319)
Makes various changes to the recall petition process. Requires
the submittal of a separate electronic copy of the general
statement for recall when the recall application and petition are
filed. In determining the legal sufficiency of a recall petition,
voids and prohibits from being counted any signature that lacks
an appropriately checked box indicating whether the circulator
is paid or a volunteer. Prescribes the specific recall petition
and circulator affidavit format for recall rather than requiring
the petition to be in the same format as a petition for initiative
and referendum. Decreases the allowable number of lines for
signatures from 15 to 10. Requires a recall petition circulator
to verify that the name and address of a petition signer were
printed on the date indicated by that signer. Requires the SOS
to make available a recall petition form and recall circulator
affidavit form that strictly complies with statutory requirements.
Prohibits any modification to the affidavit form. If the recall
petition form is used, the petition will be presumed to comply
with statutory requirements strictly. (HB 2308 essentially reflects
the Arizona Supreme Court’s decision in Morrissey v. Garner).
HB 2359 election equipment; access; locks
(Chapter 293)
For electronic voting machines and poll books, the bill requires
ports, plugs, doors, or other physical or electronic access to be
secured to prevent any unauthorized access.
HB 2363 municipal election officers; certification
training
(Chapter 438)
Allows a city or town to train its election employees if the secretary
of state approves the training program.
HB 2364 election pamphlet submittals;
identification required
(Chapter 184)
Makes changes to requirements for arguments submitted for or
against a political subdivision bond proposal, initiative, and
referendums included in the informational or publicity pamphlet
provided to voters. Clerks can now reject a publicity pamphlet
argument that does not comply with the name, address, and
phone disclosure requirements.
HB 2365 political candidates; address confidentiality
(Chapter 194)
Authorizes a person whose address is protected by statute to
use a post office box or private mailbox on the nomination and
petition papers when filing to become a candidate for a primary
or nonpartisan election, as well as for a write-in candidate.
HB 2431 DOR; bond election pamphlets; storage
(Chapter 131)
Removes the statutory requirement that political subdivisions
submit a copy of the informational ballot within 30 days after
a bond election to the Arizona Department of Revenue (DOR).
Repeals provisions requiring DOR to maintain copies of the
submitted pamphlets.
HB 2569 elections; private funding; prohibition
(Chapter 199)
Prohibits cities and towns and other public bodies that administer
elections from accepting and using private funds to prepare,
administer, conduct an election, or register voters.
6
HB 2794 election deadlines; modifications
prohibited
(Chapter 380)
Prohibits a political subdivision or other governmental agency,
unless prescribed by a court of competent jurisdiction, from
modifying or agreeing to modify any deadline, filing date,
submittal date, or other statutory election-related dates. It
classifies, as a Class 6 felony, changing any deadline, filing
date, submittal date, or other statutory election dates.
HB 2821 bonds; change of purpose; election
(Chapter 328)
Authorizes a municipality to change the purposes to spend monies
from the sale of bonds from a previous bonds election by calling
for a new election. The bonds must not have yet been issued,
and the election can only be held on the first Tuesday following
the first Monday in November. This requirement will sunset on
January 1, 2025.
HB 2905 early ballots; request required
(Chapter 426)
Prohibits a city or town clerk from delivering or mailing an early
ballot to anyone who has not requested an early ballot for that
election. It establishes a Class 5 felony for knowingly violating
this prohibition.
SB 1003 early voting; signature required; notice
(Chapter 343)
Requires the county recorder or other officer in charge of elections
to make reasonable efforts to contact voters and advise them of
missing signatures on an early ballot envelope and allow them to
add their signature by 7:00 p.m. on election day. It also requires
a disclaimer on the early voter instructions notifying voters their
ballot will not be counted without a signature on the envelope.
SB 1104 campaign finance; contributions;
disclosures; itemization
(Chapter 154)
Requires campaign finance reports to include contributions from
out-of-state individuals and the individual’s occupation and
employer. Increases the threshold amount of contributions from
in-state individuals that must be reported from $50 to $100
for that election cycle. Clarifies that the aggregate amount of
contributions from all in-state individuals whose contributions do
not exceed $50 for the election cycle must be included in the
campaign finance report.
SB 1105 ballot measures; 200-word description
(Chapter 345)
Increases the allowable number of words to describe an
initiative or referendum on initiative or referendum petitions
from 100 to 200 words. This will require the SOS to revise its
ballot form.
SB 1432 political signs; removal date
(Chapter 284)
Increases the period that makes covering or removing a political
sign a level 2 misdemeanor to 15 days after a general election
or 15 days after a primary election for a candidate that is not
continuing to the general.
SB 1485 early voting list; eligibility
(Chapter 359)
Makes changes to the criteria to be eligible for and remain on
the Active Early Voting List, previously known as the Permanent
Early Voting List. It prescribes duties to the county recorder to
maintain the list, such as (1) removing persons who failed to
vote in all elections for two consecutive election cycles; and (2)
contacting persons to inform them they will be removed if they
fail to respond within 90 days of notice.
SB 1492 election law amendments
(Chapter 230)
Changes these deadlines: (1) publishing the call of a nonpartisan
election must occur 90 days before the election; (2) mailing the
call of a nonpartisan election must occur 105 days before the
election; (3) arguments advocating or opposing a ballot measure
must be filed with the SOS 27 days before the primary election;
and (4) write-in candidates cannot file a nomination papers more
than 150 days before the election. Requires election clerks to be
qualified voters of Arizona. Prohibits candidates from using any
word on a nomination paper that does not constitute their actual
nicknames. Requires clerks to: (1) review petitions for recognition
of a new political party on a ballot in the same manner as petitions
for statewide recognition of new political parties; (2) include the
selection of a random sample of 20% of the total signatures eligible
for verification; (3) individually verify and certify signatures from
the random sample; and (4) calculate and project the total number
of valid signatures and determine whether the party must be
recognized on the ballot. Removes the requirement that a petition
for recognition of a new political party on a ballot include the
signatures of qualified electors from at least ¼ of election precincts.
7
SB 1530 early ballots; undeliverable; instructions
(Chapter 332)
Requires the officer in charge of elections to ensure that early
ballots are sent in an envelope that substantially states: If the
addressee does not reside at this address, mark the unopened
envelope “return to sender” and deposit it in the United States
mail.
SB 1714 campaign expenditures; out-of-state;
disclosures
(Chapter 379)
A political action committee (P.A.C.) that makes an expenditure
for an advertisement must disclose the aggregate percentage of
out-of-state contributors, which must be calculated when the
advertisement was produced.
The disclosure statement from out-of-state contributors must
specifically say: “paid for by ___”, followed by “with ___%
from out-of-state contributors” (with the blank filled by the
aggregate percentage). If an advertisement is delivered by
hand and paid for by a P.A.C., the height of the disclosure
statement must at least 10% of the advertisement’s vertical
height. If a P.A.C. pays for a sign or billboard advertisement,
the height of the disclosure statement must be at least 10%
(rather than 4%) of the vertical height of the sign or billboard.
If a P.A.C. pays for television, video, or film advertisement, the
height of the disclosure statement must be at least 10% (rather
than 4%) of the advertisement’s vertical height.
SB 1722 political signs; condominiums; planned
communities
(Chapter 221)
Extends the deadline to 71 days for when a city or town may
prohibit the removal, defacing, alteration, or covering of
political signs.
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Part Three: Taxes, Budget, and Finance
HB 2001 appropriations; fire suppression
(Enacted in special session)
(Chapter 1)
Provides a $75M supplemental appropriation in FY21 to
the Department of Forestry and Fire Management for fire
suppression-related expenses, including post-fire hazard
mitigation. Funding may also be used to reimburse local
governments for costs related to fire emergency response,
sheltering, wraparound services, public infrastructure damage,
and other support activities.
Effective date: June 18, 2021
HB 2112 truth in taxation; press releases
(Chapter 98)
Requires that a Truth in Taxation Hearing press release include
the name of the newspaper the city or town will publish the
truth in taxation notice and the dates that it will be issued. The
governing body is also required to include the press release
on its official website.
HB 2317 community facilities districts
(Chapter 51)
An emergency measure that makes changes to how general
obligation bond funds can be utilized and creates requirements
for the composition of district boards created after August 9,
2017, but before the effective date of this bill.
Effective date: March 18, 2021
HB 2321 qualified facilities
(Chapter 80)
Extends by ten years (through 2033) the period the state treasurer
is to pay cities and towns TPT revenues to help fund public
infrastructure projects that benefit a manufacturing facility.
HB 2431 DOR; bond election pamphlets; storage
(Chapter 131)
Removes the statutory requirement that political subdivisions
submit a copy of the informational ballot within 30 days after
a bond election to the Arizona Department of Revenue (DOR).
It also repeals provisions requiring DOR to maintain copies of
the submitted pamphlets.
HB 2649 computer data centers; tax incentives
(Chapter 266)
Clarifies the original intent at the inception of the CDC program
and corrects a drafting error by moving the related Retail,
Contracting, and Use tax exemptions from one subsection
to another within each classification. This change will allow
consistent exemptions for charges related to sales, use, installation,
assembly, repair, and maintenance of CDC equipment required
for the CDC to operate. It limits the cumulative total of all approved
refunds based on these changes to no more than $10,000,
divided proportionally amongst all claimants. These changes
are retroactive to coincide with the inception date of the CDC
program in 2013.
Effective date: September 13, 2013.
HB 2696 government assistance; point of contact
(Chapter 224)
Requires a municipality to supply the name, telephone number,
and email address of a person who can provide information
about written municipal communication. Applies when the
municipality is communicating with a person in writing, and
the communication relates to a payment of a fine, assessment,
fee, penalty, or tax. The person whose information is provided
must respond to an inquiry about the communication within
five business days.
HB 2821 bonds; change of purpose; election
(Chapter 328)
Authorizes a municipality to change the purposes to spend monies
from the sale of bonds from a previous bond election by calling for
a new election so long as the bonds were not issued. The election
can only be held on the first Tuesday following the first Monday in
November. This requirement will sunset on January 1, 2025.
HB 2879 DOR; procedures; administrative rulings
(Chapter 342)
Codifies the implied authority of the DOR to draft rulings,
procedures, and other administrative announcements that apply
to and interpret tax laws and regulations, either generally or
based on a specific set of facts. DOR is required to maintain
a public record of all draft and final rulings, procedures, and
administrative announcements on the home page of its website.
Establishes requirements for drafted rulings, procedures, and
other administrative announcements to become final, including
a required period for public comment. Requires the DOR
to incorporate the public comments received into the final
ruling, procedure, or other administrative announcements, or
publicly state the basis for exclusion and preserve the response
as a public record. These requirements do not apply to private
taxpayer rulings, tax forms and instructions, routine notices that
remind taxpayers of normal filing obligations, and other routine
DOR communications that do not substantively apply to and
9
interpret tax laws and regulations. Courts are required to decide
all questions of law without deference to any determination that
DOR makes.
SB 1056 energy; water; savings accounts
(Chapter 39)
Increases the contract duration for energy and water savings
between a municipality and an energy or water services company
from 15 years to 25 years. It also requires the estimated impact
required before implementation of the services to include other
costs and revenues.
SB 1124 contributions in aid of construction
(Chapter 430)
Among other provisions, it establishes a state low-income
housing tax credit, capped at $4M per year, and a credit
review committee, which will both sunset on January 1, 2026.
SB 1720 peer-to-peer car sharing
(Chapter 220)
Establishes a new chapter in Title 28 (Transportation) regulating
“peer-to-peer car-sharing” defined as the authorized use of
a shared vehicle by an individual other than the vehicle owner
through a “peer-to-peer car-sharing program.” Transactions
involving individually owned vehicles are subject to transaction
privilege taxes but are not subject to the AZSTA or stadium
district rental vehicle surcharge. A peer-to-peer car-sharing
program is required to have a TPT license and is responsible
for payment of TPT otherwise due from a shared vehicle owner
for any transaction facilitated by the peer-to-peer car-sharing
program. A licensed peer-to-peer car-sharing program is required
to report aggregate gross income by city and town. Establishes
requirements for sourcing of shared vehicle transactions. A shared
vehicle owner is allowed an exemption for transactions facilitated
by a peer-to-peer car-sharing program if the program paid the
applicable taxes. Municipalities are prohibited from imposing
any additional taxes, fees, or charges on the gross proceeds or
gross income of a shared vehicle transaction not imposed on
every other transaction involving motor vehicles for hire without
a driver.
SB 1819 budget procedures; budget
reconciliation; 2021-2022
(Chapter 405)
The Budget procedures BRB makes the following statutory and
session law changes:
COVID-19 Preemption:
• Prohibits cities, towns, and counties from issuing
any order, rule, ordinance, or regulation related to
mitigating COVID-19 that impacts private businesses,
schools, churches, or other private entities. This
preemption includes an order, rule, ordinance, or
regulation that mandates the use of face coverings,
requires closing a business, or imposes a curfew.
• Allows cities, towns, and counties to set and enforce
mitigation policies in a building owned by the city,
town, or county.
Governor’s state of emergency authority:
• Limits a governor’s state of emergency proclamation
concerning a public health emergency at 30 days
and allows the governor to extend the emergency for
up to 120 days. Prohibits any single extension from
being more than 30 days.
• Terminates a state of emergency proclaimed by
the governor after 120 days unless extended by a
concurrent resolution of the legislature.
Attorney general election authority:
• As session law, declares the defense of the state’s
elections laws is of statewide importance and assigns
the authority to the attorney general to defend the
laws.
• It also stipulates the authority of the attorney general
to defend the law is paramount in any disagreement
between the attorney general and the secretary of
state or any other state official concerning the defense
of a state election law.
Major Events Fund:
• Establishes the fund to, among other purposes,
make grants to organizing committees for the
operating costs of major events and other economic
development-related activities. The funds may not
supplant routine operating expenses of any political
subdivision.
Newspapers:
• Modifies the definition of newspaper relating to
public notice posting by removing the prerequisite
that the newspaper be admitted under federal law as
second-class media mail for at least one year.
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SB 1820 capital outlay; budget reconciliation;
2021-2022
(Chapter 406)
The capital outlay BRB appropriates the following for targeted
transportation projects of interest to cities and towns:
• $1,169,400 to improve Hill Street corridor in Globe.
• $8.5M for the 67th Ave drainage project in Peoria.
• $8M to widen Camelback Rd in Goodyear.
• $1,032,100 to repair 20th Ave in Safford.
• $5M to improve Tangerine Rd in Marana.
• $7.9M for Ocotillo Rd bridge construction in Gilbert.
• $3.5M for state route repairs in Wilcox.
• $1M for bridge replacement in Florence.
• $560K to repair Main Street in Jerome.
• $13.6M for SR77 in Oro Valley.
• $10.6M for SR90 in Fort Huachuca.
• $50M for I-10 widening south of Phoenix.
It also appropriates $18M in FY21 to the State Aviation Fund
and $26M in FY22 from the State Aviation Fund to ADOT
to plan, construct, develop, and improve state, county, and
municipal airports.
HB 2893 criminal justice; budget reconciliation;
2021-2022
(Chapter 403)
Cybersecurity:
• Assigns the National Guard duties to prevent and
respond to cyberattacks against the state and political
subdivisions. SB1823 includes a 300K appropriation
to fund cyber support activities.
Law Enforcement Officer Investigations:
• Effective January 1, 2021, requires two-thirds of
the voting membership of any government entity
that investigates or disciplines a law enforcement
officer for misconduct to be Arizona Peace Officer
Standards and Training Board (AZPOST) certified law
enforcement officers.
• Requires any person that investigates officer
misconduct, recommends disciplinary actions or that
imposes discipline be an AZPOST certified officer.
• If a person, agency, or department does not meet the
membership requirements in HB 2567, the legislation
allows a supervisor, department, or agency head to
investigate and impose discipline for an officer if the
supervisor, department, or agency head acts inde-
pendently of the person, agency or department that
investigates the misconduct.
• Amends HB 2462 and HB 2567 as signed into law to
be retroactive to Dec. 31, 2020.
• Exempts AZPOST board members from the training
requirements outlined in HB 2462 and from the
membership requirements in HB 2567.
• Makes setting and maintaining standards of profes-
sionalism and integrity for law enforcement officers a
statewide concern.
SB1487 Expansion:
• Expands the ability for a legislator to request the
attorney general review administrative actions of a
city, town, or county, including any adopted written
policies, rules, or regulations.
• The legislator making the request must first notify the
city, town, or county of the alleged violation. If the
issue is not resolved within 60 days, the legislator
may file the complaint with the attorney general’s
office.
Effective date: Noted with the specific provisions
summarized above.
SB 1823 general appropriations act; 2021-2022
(Chapter 408)
The following provisions in the general appropriations act are
of interest to cities and towns:
• $95,000 and 1 FTE to the Industrial Commission
for municipal firefighter reimbursement admin-
istration. The intent of the appropriation is that
it be only used for administrative costs and that the
appropriation does not convey any responsibility for
firefighter cancer compensation and benefits claims
on to the state.
• $2,522,600 to the Department of Economic Security
(DES) for coordinated homeless services.
• $24,498,500 for the Phoenix Convention Center.
• $1,754,600 to DES for coordinated hunger services.
• $6,023,500 to the Department of Insurance and
Financial Institutions for the Automobile Theft Authority
Fund.
• $1,261,700 for the Border Strike Force. $761,700
is earmarked for local law enforcement positions
with the task force and $500K for grants to local
governments to prosecute border-related crimes.
11
SB 1824 health; budget reconciliation;
2021-2022
(Chapter 409)
Contains provisions preempting cities and towns from doing
the following:
1. Establishing COVID-19 vaccine passport
requirements.
2. Requiring persons to be vaccinated.
3. Requiring businesses to obtain proof from patrons of
vaccine status.
SB 1827 revenue; budget reconciliation;
2021-2022
(Chapter 411)
Among other provisions, the bill establishes the Municipal
Firefighter Cancer Reimbursement Fund to reimburse cities
and towns for compensation of (1) disability claims, (2) death
benefits, and (3) medical, surgical, and hospital benefits.
After July 1, 2021, the Industrial Commission will assess a
fee on cities and towns based on population, not to exceed
$15M in the aggregate, to be deposited into the fund. It also
repeals the annual assessment on cities and towns to fund the
Department of Revenue.
SB 1828 omnibus; taxation
(Chapter 412)
Among other provisions, the bill changes the Urban Revenue
Sharing (URS) sharing percentage from 15% to 18% effective
in FY24. In addition, it changes individual income tax rates as
stated below, with the stated bracket limits subject to annual
inflation adjustment (the maximum 4.5% rate bracket begins at
$250,000, but it is not adjusted for inflation):
• Effective January 1, 2022, the new income tax
rates are 2.55% up to $27,272; 2.98% on any
portion above that limit, with a max rate of 4.5%
applied to income over $250,000.
• Not earlier than January 1, 2023, tax rates can
take the second step toward the flat tax (2.53% up
to $27,272; 2.75% on any portion above that limit,
with a max rate of 4.5% applied to income over
$250,000). The trigger to begin using this set of
rates is when total state revenue collections for the
immediately preceding fiscal year meet or exceed
$12,782,800,000 as stated in new A.R.S. § 43-243.
• Not earlier than January 1, 2024, tax rates can take
the final step down to the new flat tax rate (2.5%
on all income, with a max rate of 4.5% applied to
income over $250,000). The trigger to begin using
this rate is when total state revenue collections for the
immediately preceding fiscal year meet or exceed
$12,976,300,000.
The simplified impacts these changes will have on URS
calculations are as follows:
• URS received by cities and towns in FY21/22 = 15%
of net state income tax collections during FY19/20
= current tax rates; includes a full year of state
income tax withholding collections (W/H) but DOES
NOT include the 2019 Tax Return payments due
to CY2019 filing deadline being extended to July
2020 (Note: individual income tax revenues from
W/H come in monthly and totaled ~$4.5 billion in
state revenue in FY19, while a significant portion of
tax return payments typically arrive on or near the
filing deadline and totaled ~$1.5 billion in FY19.)
• URS for FY22/23 = 15% of collections in FY20/21
= current tax rates; full year of W/H and includes
two Tax Return payments due to CY2019 filing
extension. (CY2019 returns filed on/near the
extended deadline could add ~$500m to 600m
to this year’s total. The CY2020 deadline extension
remained in FY21, so it does not shift collection years.)
• URS for FY23/24 = 18% of collections in FY21/22
= current tax rates on W/H for six months and the
CY2021 tax return payments, plus six months of
W/H at the first set of new tax rates. (Note: the
increased shared percentage effectively begins to
apply six months BEFORE the first new tax rates are
implemented.)
• URS for FY24/25 = 18% of collections in FY22/23 =
new rates on W/H and CY2022 tax return payments.
The calculation continues in this manner using the 18% sharing
percentage in perpetuity. However, as the next two tax rate
changes are implemented, potentially as early as CY2023 and
CY2024, the URS calculation in each “change” year will again
be based on six months of W/H and a Tax Return payment at
the prior rates, plus six months of W/H at the new rates.
SB 1829 transportation; budget reconciliation;
2021-2022
(Chapter 413)
Includes provisions that repeal the Freight Advisory Council
and Railroad Review Fund at the Department of Transportation.
It also removes several provisions of law regarding major rail
project review requirements.
Effective date: July 1, 2021
12
Part Four: General Government
HB 2029 commerce; masks; barbering;
cosmetology; licensing
(Chapter 334)
Among other provisions, amends Laws 2021, Chapter 201
(HB2770 mask mandates; business exception) to state that
businesses are not required to enforce a mask mandate on
patrons instead of premises.
HB 2034 noxious weeds; government projects
(Chapter 9)
Authorizes cities and towns to remove noxious weeds when
completing routine maintenance and capital projects and
prohibits noxious weeds in landscaping.
HB 2043 underground storage tanks;
performance standards
(Chapter 37)
Prohibits anyone from installing an underground storage tank
or piping components that are 50% or more of the total linear
feet of the underground storage tank system unless it meets
federal standards that are in effect as of January 1, 2020. It
also requires any dispenser system installed or replaced that
connects to an underground storage tank system to have an
under-dispenser containment installed. This under-dispenser
containment must meet the federal performance standards in
effect as of January 1, 2020.
HB 2172 wireless providers; authority; applicability
(Chapter 129)
Repeals the exemption from the statutes that prescribe the authority
to install small wireless facilities for a city or town located within
10 miles of the U.S.-Mexico border.
HB 2367 special event license; issuance
(Chapter 337)
Allows for an affiliate of a Section 501(c)(4) non-profit parent
organization to apply for a temporary special event license by
providing a copy of the I.R.S. group ruling regarding the parent’s
501(c)(4) status, as well as a copy of the charter of the parent (or
a letter from the parent) recognizing the affiliate as its subordinate.
The event proceeds must be used for a charitable or non-profit
purpose. In addition, DLLC can deny the license if the affiliate or any
of its members previously violated any statute under Title 4 of A.R.S.,
a fire code, or any other local requirement for special events.
HB 2400 municipal ordinances; posting
(Chapter 162)
Changes the requirement for municipal ordinances that impose
a penalty, fine, forfeiture, or other punishment to be posted
at city/town hall or in one public place (rather than three)
within the municipality or on the municipality’s website (in
addition to any additional public notice that is reasonable and
practicable). Allows exhibits to the ordinance to be excluded
from the postings if the city or town lists where the exhibits are
available for public use and inspection.
HB 2485 urban air mobility study committee
(Chapter 197)
Establishes an urban air mobility study to review relevant state
statutes and discuss necessary revisions. Of the 26 members
on the committee, the governor will appoint one from the
League of Arizona Cities and Towns, two from municipalities
with more than 250,000, and one from a municipality with
less than 100,000.
HB2570 licenses; pandemics; revocation;
prohibition
(Chapter 367)
Prohibits a city or town from permanently revoking any license
held by a business for failure to comply with a state-issued
emergency order unless demonstrated the business caused
the transmission of disease subject to the emergency order. It
requires the business to be provided a written notice of non-
compliance and a 30-day notice of intent before any license
suspension. It prescribes dispute resolution requirements and
awarding of attorney fees.
HB2671 underground storage tanks; standards;
reimbursements
(Chapter 440)
Contains various provisions that do the following, among others:
• modify performance standard requirements for
underground storage tanks (UST),
• stipulate UST fund reimbursements for corrective and
noncorrective actions,
• remove the sunset date for the UST excise tax and
instead require it be reviewed at ADEQ’s regular
sunset review schedule,
• extend to January 1, 2033, the requirement to
conduct baseline assessments of UST sites,
• provide processes to reimburse previously ineligible
UST release claims.
13
HB 2696 government assistance; point of contact
(Chapter 224)
Requires a municipality to supply the name, telephone number,
and email address of a person who can provide information
about written municipal communication. Applies when the
municipality is communicating with a person in writing, and
the communication relates to a payment of a fine, assessment,
fee, penalty, or tax. The person whose information is provided
must respond to an inquiry about the communication within five
business days.
HB 2711 antenna use; private property
(Chapter 307)
Prohibits a municipality from preventing, delaying, or unreasonably
increasing the costs of installation, maintenance, or use of an
antenna. It applies to antennas less than a meter in diameter on
private property used for broadband radio services and wireless
transmissions except via satellite and receives signals from several
customer locations.
HB 2770 mask mandates; business exception
(Chapter 201)
Allows a business not to enforce a mask mandate established
by the state, a county, city, or town on the business’ premises.
HB 2898 K-12 education; budget reconciliation;
2021-2022
(Chapter 404)
Contains a provision preempting cities and towns from requiring
school staff or students to use face coverings during school
hours and on school property.
Effective date: July 1, 2021
HB 2906 governance; audits; training
(Chapter 427)
This bill contains two separate subjects. First, it requires the certified
public accountant who completes the statutorily required financial
audit of the city or town’s records to present its findings to the council
on an active agenda. Second, it requires the council to demonstrate
they comply with a new law that preempts cities and towns from
using public monies for and requiring an employee to engage in
orientation, training, or therapy that presents any form of blame or
judgment based on race, ethnicity or sex.
SB 1257 state liquor board; membership
(Chapter 211)
Among other provisions, the bill requires that one member of the
state liquor board be a current or former elected municipal official.
SB 1258 state of emergency; tolling; permits
(Chapter 212)
An emergency measure that tolls the period for a permit,
license, or other authorization by a municipality during a state
of emergency for the duration of the emergency proclamation.
It also extends the right to exercise the permit, license, or
other authorization for an additional six months after the
proclamation ends.
Effective date: April 9, 2021
SB 1299 incorporation; urbanized areas
(Chapter 41)
Changes the process for a community seeking incorporation
and requires that a map of the incorporated area and the
petition be filed with 24 hours of each other. The petition must
also be published in a newspaper of general circulation for
two consecutive weeks before signatures can be obtained for
the petition of incorporation.
SB 1336 annexation; unincorporated territory
(Chapter 216)
An emergency measure that removes the prohibition on
municipalities from annexing territory that results in an
unincorporated island only for annexations approved before
August 25, 2020.
Effective date: April 9, 2021
SB 1373 health facilities; duty of care
(Chapter 314)
Grants immunity from civil liability to a person who renders
first aid or CPR in good faith except if they are guilty of gross
negligence. It also requires CPR-certified staff to be always
present at the facility and provide CPR and appropriate first
aid before the arrival of emergency medical services.
SB 1377 civil liability; public health pandemic
(Chapter 179)
Establishes that a person or provider cannot be liable for a
civil claim that the person or provider failed to protect a person
or the public if they acted in good faith to protect a person or
public from injury during a public health state of emergency.
Good faith is presumed if the person or provider implemented
reasonable policies related to the public health pandemic. In
addition, there must be clear and convincing evidence that the
person or provider failed to act or acted with gross negligence.
This bill applies to all claims filed on or after March 11, 2020.
Effective retroactive to from and after March 10, 2021.
14
SB 1378 office of Sonora; continuation
(Chapter 146)
Continues the Office of Sonora for eight years until July 1, 2029.
Effective retroactive to July 1, 2021.
SB 1409 zoning ordinances; property rights;
costs
(Chapter 358)
Before adopting any zoning ordinance or zoning ordinance text
amendment of general applicability, the city or town council must
consider its probable impact on the cost to construct housing for
sale or rent.
SB 1429 solid waste services; private provider
(Chapter 149)
Prohibits a city or town from enforcing a criminal penalty against
a resident who refrains from purchasing solid waste collection
services from a private provider. This does not apply if the private
services provider is contracted with and billed through the city
or town.
SB 1442 hazardous vegetation removal; state
forester
(Chapter 44)
Authorizes the state forester to enter into intergovernmental
agreements or memorandums of understanding with public
agencies to remove hazardous vegetation on state, federal, tribal,
and private lands for fire prevention, watershed restoration, and
infrastructure protection.
SB 1448 agricultural operations; nuisance; costs;
damages
(Chapter 218)
Prohibits a city or town from declaring an agricultural operation
a nuisance if the operations meet legal requirements and best
practices. In the case of a nuisance action against an agricultural
operation, the court cannot award punitive damages unless the
operation is criminally convicted or subject to civil enforcement by
a state or federal health agency related to the nuisance.
SB 1601 municipal ordinances; penalties; notice
(Chapter 150)
Prohibits a municipality from enforcing a fine, penalty, or
assessment for a failure to remove rubbish, trash, weeds, or
dilapidated buildings before the 30-day notice requirement and
the time to request an appeal has lapsed.
SB 1645 publication of notice
(Chapter 275)
Allows cities and towns to publish statutorily required public
notices in a newspaper printed within the city or town or a
newspaper printed and published within the county in which
the city or town is located that has a greater circulation to
residents of the city or town.
15
Part Five: Transportation and Traffic Enforcement
HB 2006 speed limits; roadway turn off
(Chapter 47)
Requires a vehicle that is driving slow enough to impede traffic,
defined as having five or more vehicles formed behind it, to use
the nearest turn off to move off the road on a two-lane highway.
HB 2813 autonomous vehicles
(Chapter 117)
Authorizes the use of an autonomous vehicle on public roads with
a driver responsible for responding to a request to intervene. For
an autonomous vehicle without a driver, someone must submit
a law enforcement interaction plan and confirm with the Arizona
Department of Transportation and Department of Public Safety
that the vehicle meets all federal and state requirements for an
autonomous vehicle.
SB 1345 neighborhood electric shuttles
(Chapter 244)
Requires neighborhood electric shuttles to abide by statutes
relating to neighborhood electric vehicles. States that
neighborhood electric shuttles cannot be driven at a speed
above 25 miles an hour and cannot be driven on a highway
with a speed limit over 35 miles an hour.
SB 1843 vehicle speed limits
(Chapter 392)
Revises the excessive speed classification for locations other
than a business, residential, or school district from not exceeding
85mph to not exceeding the posted speed limit by more than
20 MPH. It also changes the waste of finite resources classification
by allowing the designation for exceeding the maximum speed
limit by not more than 10mph on 1) a public highway of at least
35mph in an area that is outside of an urbanized area; or (2)
a public highway of at least 40mph in an urbanized area.
16
Part Six: Labor, Employment, Retirement and Benefits
HB 2008 ASRS; employer; member; contributions
(Chapter 36)
Requires that the Arizona State Retirement System (ASRS)
reduces the payment to an employer by the number of losses
due to excess contributions. It also prohibits an employer
from paying ASRS a corrected amount of member contributions
after the member’s death.
HB 2059 retirement systems; benefit
computation; return-to-work
(Chapter 23)
Redefines what an average monthly benefit compensation is in the
Public Safety Personnel Retirement System. It includes a period
of nonpaid or partially paid industrial leave. It also increases the
start of payments made to members in the Public Safety Personnel
Retirement System, Corrections Officer Retirement Plan, or Elected
Officials’ Retirement Plan from 70.5 years to 72 years.
HB 2381 PSPRS; CORP; local boards; consolidation
(Chapter 34)
Expands the power of local PSPRS and CORP boards to include
decision-making for eligibility and the review process. Requires
each local board to hire independent legal counsel that meets
specified requirements, board members to complete training
within 180 days of joining the board, and local boards are
subject to requests and reviews by the PSPRS Board of Trustees.
If the board of trustees finds a local board is not in compliance
with statutes, it has 60 days to make corrections, and the board
of trustees may act on behalf of the local board if the proper
corrections are not made.
Effective date: January 1, 2022
SB 1451 worker’s compensation; rates;
firefighters; cancer
(Chapter 229)
Creates a separate section of statute related to the presumptive
occupational diseases and cancers for firefighters. Adds ovarian
and breast cancer to the presumptive cancers and changes
the standard of cancer presumptions to clear and convincing.
Makes changes to insurance claim filing requirements and
requires insurance providers, work compensation pools, and
employers to share information related to cancer rates with the
Industrial Commission of Arizona.
17
www.azleague.org
602-258-5786
1820 W . Wa shin gt on St .
Phoeni x, Arizona 85007
@AZCities
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/07/2021 Meeting Type: Combined Regular Meeting/Work Session
Agenda Type: Consent Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information: Grady E. Miller, Town Manager
Request to Combined Regular Meeting/Work Session (Agenda Language): CONSIDERATION
AND POSSIBLE ACTION: Approval of the minutes of the Special Meeting of August 17, 2021; the
Regular Meeting of August 17, 2021; and the Special Meeting of August 24, 2021.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and action
that took place at the meeting for archival purposes. Approved minutes are placed on the Town's
website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the minutes of the Special Meeting of August 17, 2021;the Regular
Meeting of August 17, 2021; and the Special Meeting of August 24, 2021.
SUGGESTED MOTION
MOVE to approve the minutes of the Special Meeting of August 17, 2021;the Regular Meeting of
August 17, 2021; and the Special Meeting of August 24, 2021.
Attachments
2021.0817.TCSMES.Minutes
2021.0817.TCRM.Minutes
2021.0824.TCSM.Minutes
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 08/23/2021 05:41 PM
Form Started By: Elizabeth A. Klein Started On: 08/23/2021 03:04 PM
Final Approval Date: 08/23/2021
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
AUGUST 17, 2021
1.CALL TO ORDER – Mayor Dickey
Mayor Dickey called to order the Special Meeting (Executive Session) of the Fountain Hills
Town Council held August 17, 2021, at 4:30 p.m.
2.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Alan Magazine; Councilmember Mike Scharnow;
Councilmember Peggy McMahon; Councilmember Gerry Friedel; Councilmember
Sharron Grzybowski; Councilmember David Spelich (telephonically)
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Finance Director
David Pock; Town Clerk Elizabeth A. Klein
3.RECESS INTO EXECUTIVE SESSION
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron
Grzybowski to recess into Executive Session.
Vote: 7 - 0 Passed - Unanimously
4.EXECUTIVE SESSION
The Fountain Hills Town Council recessed into Executive Session at 4:30 p.m.
A.Discussion or consultation for legal advice with the attorney or attorneys of the public body,
pursuant to A.R.S. §38-431.03(A)(3).
i.Legal advice regarding the Maricopa County Sheriff's Office (MCSO) Audit.
5.ADJOURNMENT
The Fountain Hills Town Council reconvened into Open Session at 5:21 p.m. at which time the
Special Meeting adjourned.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
AUGUST 17, 2021
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
Mayor Dickey called the meeting to order at 5:35 p.m. and led the Council and audience in
the Pledge of Allegiance.
2.MOMENT OF SILENCE
A Moment of Silence was held.
3.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Alan Magazine; Councilmember Mike
Scharnow; Councilmember Peggy McMahon; Councilmember Sharron
Grzybowski; Councilmember Gerry Friedel; Councilmember David
Spelich (telephonically)
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town
Clerk Elizabeth A. Burke
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
Town Manager Grady Miller reported that the Town had received 2.88 inches of rain last
Friday. There were at least 12 homes with some level of water damage, and Town staff
has gone out and looked at them. He said that most of the Town's assets have held up
well with the rains, although there has been erosion in some washes, one of which
exposed a sewer line. The Fountain Hills Sanitary District has been making repairs.
Councilmember Scharnow reported that they plan to move forward with Fountain Hills
Cares on October 30, with five topics ranging from opioid use to suicide, to race relations.
With regard to the previous storm (Friday) he gave a "shout out" to Justin Weldy, Jeff
Pierce, and the entire streets crew, as well as any others that helped. He said that they
were out late Friday and Saturday and they did a good job cleaning up.
Councilmember Grzybowski reported that she has attended many activities over the
summer break, but she would report on three. First, she continued attending the
legislative updates provided by the League of Arizona Cities and Towns. Second, she
invited herself to an in-person meeting with representatives from the Chamber, the
Scottsdale Area Association of Realtors and the Sign Association. Third, she got a
personal tour through Desert Vista Park to learn about an exciting opportunity that she will
talk about more at the next meeting, and it is due to the Town being a Gold Medal
Finalist.
Mayor Dickey reported that she attended the GPEC Certified Ambassador Event, a
Mayors’ Roundtable with Mayor Craig McFarland, City of Casa Grande, and Mayor David
Ortega of the City of Scottsdale. They asked about Prop 400, COVID impacts, Legislature,
communication and economic development.
She attended two Maricopa Association of Governments (MAG) Regional Council
meetings. She also welcomed residents and visitors to the Fourth of July celebration, and
she thanked staff for all their hard work putting on a great event, as well as having the
fountain purple for the Suns.
She reported that she and the Town Manager had lunch with Linda Brady of Salt River
Project, and she had a phone conversation with President Harvier (Salt River
Pima-Maricopa Indian Community) and President Burnette (Fort McDowell Yavapai
Nation).
She also attended and read the Coast Guard's 243rd Birthday Proclamation at the
Veteran's Memorial on August 4. Additionally, the National League of Cities held an
Infrastructure Investment and Jobs Act call with the White House.
A.REPORT: Update on Members of the Pavement Management Citizen Advisory Committee.
Mr. Miller reported that to date he has received 13 applications from individuals interested
in serving on the Pavement Management Citizen Advisory Committee. He said that they
will be meeting in September and he will introduce the members to the Town Council.
B.REPORT: Greater Phoenix Metropolitan Area Initiative on Broadband
Mr. Miller said that he, along with Mayor Dickey and Mr. James Smith, have been
addressing the Greater Phoenix Metropolitan Area Initiative on Broadband. He said that
the Initiative is first addressing underserved areas in the Valley area. The hope is that
future phases will include expanding broadband capabilities in the Fountain Hills area.
C.PROCLAMATION: August as Child Support Awareness Month
Mayor Dickey read a proclamation proclaiming August as Child Support Awareness
Month .
D.PROCLAMATION: Declaring September 1, 2021, as Second Responders Day.
Mayor Dickey read a proclamation proclaiming September 1, 2021, as Second
Responders Day.
Town Council Regular Meeting of August 17, 2021 2 of 11
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.RECOGNITION OF Fountain Hills Finance Department for Certificate of Achievement for
Excellence in Financial Reporting from the Government Finance Officers Association of the
United States and Canada.
Mr. Miller said that this is the 25th year that the Town of Fountain Hills has received the
Certificate of Achievement for Excellence in Financial Reporting from the Government
Finance Officers Association of the United States and Canada. He said that they have a
team that looks at the Town's budget book and related documents for transparency, etc.
He thanked Mr. Pock and Ms. Bogdan for their major accomplishments.
Mr. Pock said that it is a team effort. Additionally, the Town has recently been
participating in the Popular Annual Financial Report certification program.
Vice Mayor Magazine congratulated them on their work. He asked if they look at things
that could trick up the Town. Mr. Pock said that they have four pages of criteria. Next
year, FY22, they have updated those with quite a few changes, the biggest of which is a
segment on performance and strategic plan implementation throughout the organization.
Councilmember Friedel thanked Mr. Pock and his staff for the job they do. He said that
the Town is very fortunate to have them.
6.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during
Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of
the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or
(iii) ask that the matter be placed on a future Council agenda.
Crystal Cavanaugh and Larry Meyers, Fountain Hills residents, both addressed the
Council on concerns with the text amendment regarding hospital definitions.
Ed Stizza, Fountain Hills resident, said that he had concerns with the aesthetics of
Fountain Hills. There is a development going on at the corner of Saguaro and Kingstree
and there is no plan to make everything congruent. He is concerned with the detrimental
lighting at the upcoming crosswalk on Saguaro that will ruin the Town's Dark Sky
designation.
7.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which
the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal
sequence on the agenda.
Town Council Regular Meeting of August 17, 2021 3 of 11
MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Sharron
Grzybowski to approve Consent Agenda items 7-A through 7-M.
Vote: 7 - 0 Passed - Unanimously
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special
Meeting of March 23, 2021; the Budget Workshop of April 13, 2021; the Special Work
Session of May 11, 2021; and the Regular Meeting of June 15, 2021.
B.CONSIDERATION AND POSSIBLE ACTION: Authorization of staff to apply for and accept
grant funding in the anticipated amount of $30,000 from the Salt River Pima-Maricopa
Indian Community to support marketing and promotion initiatives in Fountain Hills.
C.CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the Capital
Projects Fund, General Fund, and Downtown Development Fund.
D.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of Liquor
License Application for ZAB Thai Kitchen, located at 16720 E. Avenue of the Fountains
Fountain Hills, Arizona, for a Series 12 (Restaurant) license.
E.CONSIDERATION, AND POSSIBLE ACTION: Approval of Liquor License Application for
Parkview Tap House, located at 16828 E. Parkview Ave Fountain Hills, Arizona, for an
Extension of Premises/Patio Permit.
F.CONSIDERATION AND POSSIBLE ACTION: Approval of Special Event Liquor License
application for the Fearless Kitty Rescue for a wine garden in conjunction with the Fearless
Kitty Rescue Fundraiser event on October 22, 2021.
G.CONSIDERATION AND POSSIBLE ACTION: Approval of Special Event Liquor License
application for the Sunset Kiwanis of Fountain Hills for a wine garden in conjunction with
the Fountain Hills Fine Wine & Art Festival on March 3,4, and 5, 2022.
H.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-17,
abandoning the 10' Public Utility and Drainage Easement at the rear of 14813 E. Cerro Alto
Drive.
I.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-21,
abandoning the 10' Public Utility and Drainage Easement along the southeast property line
of 16140 N. Palo Verde Lane
J.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-23,
abandoning the 10' Public Utility and Drainage Easement along the north and west property
lines of 15826 E. Burro Drive.
K.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-24,
abandoning the 10' Public Utility and Drainage Easement along the west property line of
17418 E. El Pueblo Boulevard.
Town Council Regular Meeting of August 17, 2021 4 of 11
L.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-25,
abandoning the 10' Public Utility and Drainage Easement along the southeast property line
and a portion of the 10' Public Utility and Drainage Easement along the southwest property
line of 15133 E. Verbena Drive.
M.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2021-26,
abandoning the 10' Public Utility and Drainage Easement along the south (rear) property
line of 15151 E. Ridgeway Drive.
8.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: Approval of Amendment No. 1 to
Professional Services Agreement 2020-071 with Wood Patel & Associates for engineering
design services for phase II of the Panorama Drive storm drain.
Public Works Director Justin Weldy said that Phase I of the Panorama Drive storm drain
was completed under budget. This phase is in the wash south of El Lago where it is
prone to standing and slow-flowing water from one or more springs in that area. This
project will capture the water and move it downstream 600 feet to a pump that pushes it
back to Fountain Lake.
He said that this is just for the design of this phase. Staff will come back to the Council
with the final design and engineer's estimate for the pipe, pump and electronics in an
outlying capital year.
Mayor Dickey thanked Mr. Weldy for including the budget sheet in the packet, noting that
it was helpful.
MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Mike
Scharnow to approve Amendment No. 1 to Professional Services Agreement 2020-071
with Wood Patel & Associates for engineering design services for Phase II of the Panorama
Drive storm drain in the amount of $79,900.00.
Vote: 7 - 0 Passed - Unanimously
B.CONSIDERATION AND POSSIBLE ACTION approving Amendment No. 1 to Job Order
Master Agreement C2019-006C1 between the Town and Vincon Engineering Construction
LLC, for construction of the Desert Vista crosswalk.
Mr. Weldy said that they are approved for cooperative purchasing agreements that would
allow a direct purchase of this equipment, but to ensure they were getting the best
possible bid, they provided the same documents to all those with which the Town has a
job order contract. They submitted their bids, and staff is recommending that they go
forward with Vincon as the lowest responsive bid for this project.
Councilmember Friedel said that they just heard from a resident that has concerns about
the lighting. Mr. Weldy said that they will certainly ensure that the lights are shielded. He
said that pedestrian and traffic safety is their priority, but they will be compliant with the
Town Council Regular Meeting of August 17, 2021 5 of 11
Dark Sky Ordinance.
Mr. Miller said that this will be dark sky compliant, although there are provisions in the
Dark Sky Ordinance that have exceptions for pedestrian safety. This will be typical with
the intersections with crosswalks where they have lights that are shielded.
MOVED BY Councilmember Mike Scharnow, SECONDED BY Vice Mayor Alan
Magazine to approve Amendment No. 1 to Job Order Master Agreement C2019-006C1
between the Town of Fountain Hills and Vincon Engineering Construction LLC, for
construction of the Desert Vista crosswalk in the amount of $424,710, which includes a
$38,610 for an Owner’s Allowance, and any necessary budget transfers.
Vote: 7 - 0 Passed - Unanimously
C.CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-11, amending Section 11-1-7,
Noise, of the Town Code.
Development Services Director John Wesley gave a PowerPoint presentation which
addressed:
Section A - Purpose
Section B - Definitions
Section C - Standards
Section D - Violations
Section E - Unruly Gatherings
Section I - Exemptions
Recommendation
He said that the Planning and Zoning Commission was not required to review this, but
they had good discussion and there were some concerns of moving away from the
decibels. He said that the Commission did not make a recommendation, but staff was
recommending approval.
Councilmember McMahon said that she previously sent an e-mail to Mr. Wesley with
some questions and comments, suggesting that some of the definitions needed to be
expanded and other terms defined. Additionally, she said that their fees are minimal
compared to other communities and she would recommend increasing them.
Councilmember Scharnow said that he would agree with raising the fines. He said that he
was not understanding why this approach was better. Mr. Wesley said that he would have
Captain Kratzer address that further. Councilmember Scharnow asked if, from the
planning and development standpoint, it was possible to have both of the codes in there.
He suggested that the definitions be expanded, as suggested, and they include the
decibel approach and the proposed approach. Mr. Wesley said that the current code does
actually allow for both.
Vice Mayor Magazine said that he sent an e-mail yesterday to the Town Attorney, Town
Manager and Mayor, concerned with terms such as "unnecessary, unusual, disturb the
peace" and asked who was going to make those determinations. He asked how this
verbiage compared with the language in other communities and whether it had been
tested in other communities.
Town Council Regular Meeting of August 17, 2021 6 of 11
Captain Kratzer said that they have had conversations about the existing verbiage, and
they were attempting to make this more enforceable. Currently it states that an acceptable
reading is 70 dec. or less and 50 dec. overnight. The questions include, "Who owns the
decibel readers? Are they purchased by the Town and given to MCSO to use? Who
maintains and calibrates them? Who maintains records?" He said that there is the need
for deputy training. He said that these are not issues impossible to overcome, but they
were trying to add other layers to address the problems that they did not have at this time.
He said that another issue is that the deputy has to measure it from the location of where
it is bothering someone, which could mean someone's bedroom.
He said that with some of the Air B&Bs, they receive noise disturbance complaints, which
could often be someone outside and the voices carry through the valleys, but do not show
a high reading. With regard to the short-term rentals, they can warn the property owners,
and when they tell the people to stop it usually stops, but the next weekend it starts all
over again with new renters.
Councilmember Grzybowski said that she agreed with both councilmembers. She said
that they have some very subjective terms, and she would love to see the decibel reader
included again. She said that there are some problems she is not sure of how to address.
The only constant is the property owner; the property owner needs to be fined. She said
that with the suggestion of raising the fines, she would recommend they have a tiered
system.
Councilmember Spelich said that he agreed; he does not believe the deputy is going to
enforce it and giving them the discretion is a good thing. He said that he has had
residents send him videos regarding Air B&B's, but they are worried about being the
complainants. He said that he would be fine with the decibel being included again.
Vice Mayor Magazine asked Captain Kratzer if they had compared the verbiage with that
of other towns. Captain Kratzer said that he did not compare those, but he believed that
Mr. Wesley did.
Vice Mayor Magazine asked the Town Attorney if he would be comfortable having to
defend someone cited because of an annoying noise. Mr. Arnson said that from reviewing
past case law, including ordinances, these cases have been upheld, but whether they
would be upheld in a specific instant he was not sure. He said that some are defensible.
He said that the last time he went through this with the Maricopa County Sheriff's Office
and County Attorney's Office, changes they made were directly concerned with the
changes being suggested now. He said that he is a little concerned with what the County
is looking for; he is hopeful this will address those concerns.
Vice Mayor Magazine said that he did not want anyone to think he did not want a noise
ordinance, and he he agree with increasing the fines.
Councilmember Friedel asked how many calls for noise they received last year. Captain
Kratzer said that he did not have those numbers with him, but he would guess around
100. Councilmember Friedel asked if he had any idea of how much 50 decibels would be.
Captain Kratzer said that it could be the humming of an air conditioning unit, or a
conversation in a restaurant.
Councilmember Scharnow said that from a legal standpoint, it seems that it would be
beneficial to have both components in the ordinance.
Town Council Regular Meeting of August 17, 2021 7 of 11
Captain Kratzer said if that is the direction and the way it is written, it is not something
they could not do. They could obtain the readers through purchasing, serialize them, etc.;
solutions to that are not difficult to find.
Mayor Dickey said that if this issue comes down to the short-term rentals, at their next
meeting they will be talking about their Legislative Agenda, and they should continue to
fight to get back the ability to regulate short-term rentals.
Mr. Miller said that this was good discussion and they have received direction. Staff will
go back to include the decibel levels in the ordinance, along with expanded definitions.
D.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance No. 21-02,
establishing Section 2.08, Citizen Participation, in the Zoning Ordinance.
Mayor Dickey opened the Public Hearing.
Mr. Wesley apologized for forgetting the ordinance in the packet. He said that soon after
coming to Fountain Hills from his previous communities, he found there was no
prescribed process for applications coming through to require a public hearing.
Councilmember Scharnow said that the Planning and Zoning Commission had some
concerns, and asked if those modifications were incorporated into the proposed verbiage.
Mr. Wesley replied that they were.
Ed Stizza, Fountain Hills resident, said that this is great that they are considering this. It
would be helpful for the public to be aware. He asked if the 300 feet would be the limit. Mr.
Miller said that it would, but the meeting would be open to the public. Mr. Stizza said that
the Special Use Permit at the corner of Kingstree and Saguaro includes aesthetics that do
not fit into the area. He said that hopefully this will help bring that out into the public.
Mr. Miller said that if property is already zoned correctly, they have a right to develop that
property under that zoning, and this process would not impact that.
Mr. Wesley said that he originally had a larger inclusion area, but the feeling was they did
not want people from all over town, so they stayed with 300 feet, which is the distance
required in Arizona Revised Statutes for notification of property owners. He said that the
Town could have a bigger area. Vice Mayor Magazine said that he would like to have staff
look at more than 300 feet. Mr. Wesley said that he believed that Mesa had a larger
distance, possibly 600 feet.
The Town Clerk read a public comment card received electronically from Liz Gildersleeve,
Fountain Hills resident, in support of the proposed change.
Mayor Dickey continue the Public Hearing to the meeting of September 7.
E.CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Use Permit to allow
four residential units at an existing building located at 16842, 16843, 16844 and 16845 E.
Avenue of the Fountains (generally located north of Avenue of the Fountains, between
Saguaro Blvd. and Verde River Dr.) and in the C-2 (Intermediate Commercial) Zoning
District and the Entertainment Overlay District. SU 2021-04
Town Council Regular Meeting of August 17, 2021 8 of 11
Senior Planner Farhad Tavassoli reviewed the application, noting the subject
property consists of an existing building located within Plat 208, north of Avenue of the
Fountains, and approximately halfway between Saguaro Blvd. and Verde River Drive. It is
zoned C-2 (Intermediate Commercial) and is contained within the Planned Shopping
Center and Entertainment Overlay Districts. The building's exact year of construction is
unclear, but historical aerial photographs confirm it was built sometime between 1977 and
1986. Sofrita's restaurant occupies a portion of the first floor and faces the Avenue. The
subject for this application include two units on the first floor behind the restaurant and two
units on the second floor. All four units are currently vacant.
He said that the General Plan and Downtown Area Specific Plan encourage commercial
uses on the first floor. He said that because the building is tucked away, closer to the
parking lot, it does not allow the same type of marketing window as on along the Avenue.
For that reason, staff would recommend approval.
Staff noted that the Planning and Zoning Commission was recommending approval, with
a 4-2 vote. Councilmember Scharnow asked for the reasoning of the two dissenting votes.
Mr. Tavassoli said that one questioned whether this was the highest/best use and whether
all efforts were made to locate commercial uses; and this was echoed by the second
commissioner.
Councilmember Scharnow said that it seemed to him that they have an abundance of
commercial zoning in Town, with a percentage vacant. Given the success of the
apartments at Park Place and the homes at Havenly, he thought this was a positive step.
Vice Mayor Magazine asked if approval would set a precedence for future requests. Mr.
Arnson replied that these types of applications are considered case by case so it would
not.
Councilmember Grzybowski said that she was excited at the concept of mixed use.
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike
Scharnow to approve the Special Use Permit to allow four residential units in an existing
building located at 16842, 16843, 16844, 16845 E. Avenue of the Fountains.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of August 17, 2021 9 of 11
F.CONSIDERATION AND POSSIBLE ACTION: Authorizing Mayor Ginny Dickey to vote on
behalf of the Town of Fountain Hills on proposed resolutions at the 2021 Annual League
of Cities and Towns Conference.
Mayor Dickey reviewed the four proposed resolutions, noting that she would be voting on
these at the upcoming League conference. Mr. Miller noted that right now under state
law, when the tentative budget is adopted, it sets the limits so that the final budget can
go no higher. This would allow them to go higher as long as the notices required took
place. They think it is a good thing.
The Town Clerk read an electronic statement received from Liz Gildersleeve, objecting
to the Mayor voting to support the resolution regarding homelessness.
MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Peggy
McMahon to authorize Mayor Dickey to vote on behalf of the Town on the proposed
resolutions to be considered at the 2021 Annual Conference of Arizona League of Cities
and Towns.
Vote: 7 - 0 Passed - Unanimously
9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action,
or (ii) directing staff to conduct further research and report back to the Council.
None
10.ADJOURNMENT
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Vice Mayor Alan
Magazine to adjourn.
Vote: 7 - 0 Passed - Unanimously
The Regular Meeting of the Fountain Hills Town Council held August 17, 2021,
adjourned at 7:29 p.m.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
Town Council Regular Meeting of August 17, 2021 10 of 11
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 17th day
of August, 2021. I further certify that the meeting was duly called and that a quorum was present.
DATED this 7th day of September, 2021.
_________________________________
Elizabeth A. Klein, Town Clerk
Town Council Regular Meeting of August 17, 2021 11 of 11
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
AUGUST 24, 2021
1.CALL TO ORDER – Mayor Dickey
Mayor Dickey called the virtual (Zoom) meeting of August 24, 2021, to order at 5:30 p.m.
2.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey (telephonically); Vice Mayor Alan Magazine
(telephonically); Councilmember Peggy McMahon (telephonically);
Councilmember Gerry Friedel (telephonically); Councilmember Sharron
Grzybowski (telephonically); Councilmember David Spelich (telephonically)
Absent: Councilmember Mike Scharnow
Staff
Present:
Town Manager Grady E. Miller (telephonically); Executive Assistant Paula
Woodward (telephonically)
3.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: Modification of Capital Improvement Project
P3036 Desert Vista Skate Park Lighting to include additional park improvements; rename
project Desert Vista Park Improvements; adopt Resolution 2021-27 to accept donation and
contract 2022-025 for installation of Mini-Pitch System from Musco Lighting; approve
contract 2022-024 with Musco Lighting for installation of skate park lighting; and approve
necessary budget transfers.
Community Services Director Rachael Goodwin said that she appreciated the time and
effort of the Town Council and staff to schedule the special meeting. She explained that
Musco Lighting, the international leader in outdoor lighting, is the current provider for all
field and ballpark lighting within Fountain Hills parks. Musco is currently working with the
US Soccer Association to develop a “Mini-Pitch System” that is a modular, hard-surface
soccer structure. As a means to promote the sport and the product, as well as recognize
Fountain Hills as a National Recreation and Parks Association Gold Medal Finalist, Musco
has offered to partner with the Town to install one of Arizona’s first Mini-Pitch Systems.
Musco Lighting has committed to donate a Mini-Pitch System and lighting to be installed
at Desert Vista Park valued at $65,000 for the productn as well as cover the additional
$35,000 for installation. The Town of Fountain Hills will be responsible for the surfacing at
an approximate cost of $18,000 and post-tensioned concrete slab at $60,000. In
anticipation of multiple sport uses, surfacing will be designed to accommodate soccer as
well as other sports including roller hockey, lacrosse, and Futsal. The lighting for the
system will be on-demand push-button operated, similar to our basketball and tennis
courts.
In additional to the Mini-Pitch, Musco is also aware of the Town’s effort to install lighting at
the Desert Vista Skate Park. As the Mini-Pitch will be adjacent to the skate park,
installation of skate park lighting at the same time as the Mini-Pitch project would help
enhance both amenities. The skate park lighting will provide the opportunity for the skate
park to stay open after dark dramatically increasing the usability of the facility. Musco has
offered to discount the lighting for the skate park by 25% for a total cost of $118,000
installed.
Both projects will take 10-12 weeks to complete and is set to be the focal point of the
Arizona Parks and Recreation Conference social held by Musco at Desert Vista Park on
November 1, 2021. The Fountain Hills Soccer Club endorses the project as well.
Ms. Goodwin said that there is funding in the CIP for some of these improvements. The
Sunridge Trail project has stalled at this time so they could use that funding, and they are
asking for an additional $10,000 out of contingency.
Vice Mayor Magazine said that they have spent $1 million to improve the Splash Pad. He
asked what could happen to this project; what might come up in the future. Ms. Goodwin
said that there is a 10-year warranty for everything. The surfacing has a 5-year warranty
and a 10-year prorated warranty.
Mr. Miller stated that everything in the CIP is funded now, but there are things that were
not high enough priority. He added that they also have a replacement program. He said
that when they bring these items before the Town Council, they still have the oversight.
Mayor Dickey said that when they have an item come up such as this with a higher dollar
value, by eliminating the Sunridge Trail at this time, since there are complications with that
project, it makes sense to take advantage of the opportunity.
Councilmember Spelich said that at the very first meeting he attended, he commented that
improvements were needed at Desert Vista Park to enable the Town to hold soccer
tournaments. This is a once in a lifetime opportunity. He said that it provides something
for the kids in town to do, and everyone did a great job putting this together.
Vice Mayor Magazine said that he was not against the project, but they need all the facts
to make an informed decision.
Councilmember Friedel said that this will be a statement piece for the Town. It is a
fantastic opportunity, especially with the discounts, and will provide a great amenity for the
youth.
Councilmember Grzybowski said that this was the project she was referring to at the last
Council meeting. She is very excited, and gave kudos to the Community Services
Department for their work. She is very happy to have the skate park lights included in this,
as she has many friends with kids that will be able to use the park in the evenings.
Additionally, she said that the grass looks great.
MOVED BY Councilmember Sharron Grzybowski (telephonically), SECONDED BY
Town Council Special Meeting of August 24, 2021 2 of 3
MOVED BY Councilmember Sharron Grzybowski (telephonically), SECONDED BY
Councilmember Gerry Friedel (telephonically) to approve modification of CIP project P3036
to Desert Vista Park Improvements; adopt Resolution 2021-27 and approve contract
2022-025 accepting donation and installation of the Mini-Pitch System; approve contract
2022-024 for skate park lighting; and approve necessary budget transfers.
Vote: 6 - 0 Passed - Unanimously
4.ADJOURNMENT
MOVED BY Councilmember David Spelich (telephonically), SECONDED BY
Councilmember Gerry Friedel (telephonically) to adjourn.
Vote: 6 - 0 Passed - Unanimously
The Special Meeting of the Fountain Hills Town Council held August 24, 2021, adjourned
at 6:00 p.m.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Burke, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special
Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 24th day
of August, 2021. I further certify that the meeting was duly called and that a quorum was present.
DATED this 7th day of September, 2021.
_________________________________
Elizabeth A. Klein, Town Clerk
Town Council Special Meeting of August 24, 2021 3 of 3
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/07/2021 Meeting Type: Combined Regular Meeting/Work Session
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Jennifer Lyons, Senior Services Supervisor
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Combined Regular Meeting/Work Session (Agenda Language): CONSIDERATION
AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the River of Time
Museum of Fountain Hills for a fundraiser to be held in the Grand Ballroom of the Fountain Hills
Community Center on October 27, 2021, from 5:00 pm to 10:00 pm.
Staff Summary (Background)
This is a special event liquor license application submitted by Cherie Koss representing the River of Time
of Museum of Fountain Hills, for submission to the Arizona Department of Liquor. The special event
liquor license is being obtained for the purpose of holding a fundraising dinner at the Fountain Hills
Community Center. The applicant and the River of Time Museum are keenly aware that final issuance
of a liquor license as well as approval to hold a fundraiser on October 27, 2021, is contingent upon state,
county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.
Furthermore, the applicant and the River of Time Museum understand the Fountain Hills Community
Center may not be able to serve as the venue and the event is subject to cancellation. The applicant and
the River of Time Museum wish to obtain Council approval for the liquor license application as an
administrative step, in anticipation of the Arizona Department of Liquor License and Control will
continue this service through the of the event on October 27, 2021.
All special event liquor license applicants are required to submit an application and pay a $25 fee for
processing. Once the fee is paid and the application is reviewed by Town staff, the application is
forwarded to the Town Council for its review and consideration. After the application is approved by
Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and
be issued a physical license to be displayed for the duration of the event. The special event liquor license
application was reviewed by staff for compliance with Town ordinances and staff unanimously
recommends approval of this special event liquor license application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-261 and R19-1-228, R19-1-235, and R19-1-309.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve.
Attachments
River of Time
Form Review
Inbox Reviewed By Date
Community Services Director Jennifer Lyons 08/16/2021 04:14 PM
Senior Services Supervisor (Originator)Jennifer Lyons 08/31/2021 08:28 AM
Community Services Director Rachael Goodwin 08/31/2021 08:29 AM
Finance Director David Pock 08/31/2021 09:18 AM
Town Attorney Aaron D. Arnson 08/31/2021 10:15 AM
Town Manager Grady E. Miller 08/31/2021 10:27 AM
Form Started By: Jennifer Lyons Started On: 08/03/2021 02:08 PM
Final Approval Date: 08/31/2021
ITEM 7. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/07/2021 Meeting Type: Combined Regular Meeting/Work Session
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Linda Ayres, Recreation Manager
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Combined Regular Meeting/Work Session (Agenda Language): CONSIDERATION
AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Fountain Hills
Theater to dispense alcohol in conjunction with the Fountain Hills Theater Re-Grand Opening event on
September 10, 2021.
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Val Stasik, representing the Fountain Hills Theater, Inc. for submission to the
Arizona Department of Liquor. The applicant and Fountain Hills Theater are keenly aware that the final
issuance of a liquor license as well as approval to hold the Fountain Hills Theater Opening on September
10, 2021, is contingent upon the state, county, and local ordinances and guidelines as it relates to public
health and the COVID-19 pandemic.
All special event liquor license applicants are required to submit an application and pay a $25 fee for
processing. Once the fee is paid and the application is reviewed by Town staff, the application is
forwarded to the Town Council for review and consideration. After the application is approved by Town
Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and be
issued a physical license to be displayed for the duration of the event. The special event liquor license
application was reviewed by staff for compliance with Town ordinances and staff unanimously
recommends approval of the application as submitted.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the Special Event Liquor License.
Attachments
G:\Special Events\Liquor Apps\2021
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 08/18/2021 05:34 PM
Form Started By: Linda Ayres Started On: 08/18/2021 04:35 PM
Final Approval Date: 08/18/2021
ITEM 7. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/07/2021 Meeting Type: Combined Regular Meeting/Work Session
Agenda Type: Consent Submitting Department: Administration
Prepared by: James Smith, Economic Development Director
Staff Contact Information: James Smith, Economic Development Director
Request to Combined Regular Meeting/Work Session (Agenda Language): CONSIDERATION
AND POSSIBLE ACTION: Approving Resolution 2021-28 designating the Town's Tourism
Division/Experience Fountain Hills as the Destination Marketing Organization (DMO) and approving the
Town Manager to serve as the authorized signatory for the Arizona Office of Tourism (AOT).
Staff Summary (background)
The Town of Fountain Hills has partnered directly with the Arizona Office of Tourism (AOT) for various
tourism marketing and promotion efforts since January 1, 2014. The AOT has funded various projects
over the years, including magazine and airport advertising as well as production of the Town's Visitors
Guides.
The Town, per AOT policy, serves as the Designated Agency for the purpose of establishing the official
Destination Marketing Organization (DMO) for the community. Recently, the AOT implemented a new
policy by which the Designated Agency (the Town) must take action on an annual basis establishing the
Destination Marketing Organization (DMO) for the Town. This process helps to ensure that the AOT is
working with the proper agency on tourism marketing efforts, including the award of grant funding.
In addition to the process of establishing the Town's DMO, the AOT's new policy also requires the
organization to identify an authorized signatory. Resolution 2021-28 establishes the Town's Tourism
Division/Experience Fountain Hills as the DMO for the AOT and the Town Manager as the authorized
signatory for the DMO.
Related Ordinance, Policy or Guiding Principle
Town of Fountain Hills Adopted Grant Policy
Risk Analysis
If Town Council action is not taken in this matter by September 30, 2021, it could result in the Town not
receiving AOT grant funding during FY2021-22.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of Resolution 2021-28 designating the Town's Tourism Division/Experience
Fountain Hills as the Destination Marketing Organization (DMO) for the Town and establishing the Town
Manager as the authorized signatory.
SUGGESTED MOTION
MOVE to adopt Resolution 2021-28.
Attachments
Res 2021-28
Form Review
Inbox Reviewed By Date
Finance Director David Pock 08/24/2021 06:45 PM
Town Attorney Aaron D. Arnson 08/24/2021 07:11 PM
Town Manager Grady E. Miller 08/25/2021 10:34 AM
Form Started By: James Smith Started On: 08/23/2021 05:12 PM
Final Approval Date: 08/25/2021
RESOLUTION 2021-28
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DESIGNATING THE TOWN’S TOURISM
DIVISION/EXPERIENCE FOUNTAIN HILLS AS THE DESTINATION
MARKETING ORGANIZATION FOR THE TOWN AND APPOINTING THE
TOWN MANAGER AS THE AUTHORIZED SIGNATORY FOR THE
ORGANIZATION
RECITALS:
WHEREAS, the Town of Fountain Hills (the Town) has partnered directly with the Arizona Office
of Tourism (AOT) for various tourism marketing and promotion efforts since January 1, 2014; and
WHEREAS, the Town serves as the Designated Agency per AOT for the purpose of designating
the official Destination Marketing Organization (DMO) for the Town; and
WHEREAS, AOT requires the Designated Agency to annually establish a DMO in the Town and
to identify an authorized signatory.
ENACTMENTS:
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS, BE IT
RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The Town’s Tourism Division/Experience Fountain Hills is hereby designated as the
Destination Marketing Organization (DMO) for the Town.
SECTION 2. The Town Manager is hereby appointed as the authorized signatory for the DMO.
SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
7th day of September, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
__________________________________ ___________________________________
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
__________________________________ ___________________________________
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ITEM 7. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/07/2021 Meeting Type: Combined Regular Meeting/Work Session
Agenda Type: Consent Submitting Department: Administration
Prepared by: James Smith, Economic Development Director
Staff Contact Information: James Smith, Economic Development Director
Request to Combined Regular Meeting/Work Session (Agenda Language): CONSIDERATION
AND POSSIBLE ACTION: Authorizing staff to apply for and accept enhanced Tourism grant funding
from the Arizona Office of Tourism's Visit Arizona Initiative and approve all necessary budget transfers.
Staff Summary (Background)
The Town of Fountain Hills has applied for and received grant funding through the Arizona Office of
Tourism (AOT) over the past several years. These funds have been used to undertake Tourism branding
and advertising campaigns that would not be possible within the current General Fund budget
allocation.
The current fiscal year allocation of approximately $17,000 from the AOT is being utilized for advertising
in Phoenix Magazine, the Canadian Snowbird Association Magazine, Play Ball Magazine, production of
the Fountain Hills Visitors Guide, and for the display of a video at Phoenix Mesa Gateway Airport.
In mid-July, Governor Doug Ducey announced that he would dedicate more than $100 million in federal
funding from the American Rescue Plan to launch the Visit Arizona Initiative. These funds, which are
being administered by the AOT, aim to support job creation and increase tourism spending throughout
the state in order to help enhance the economic recovery from the COVID-19 pandemic.
The new Visit Arizona Initiative has three components that are relevant to the Town. The first
component is the Visit Arizona Partnership Program Grant, which will provides $25 million in funding
statewide for the expansion/enhancement of productions, including conferences, expositions, festivals,
events and media productions. Within this component there are three categories of projects - large,
medium and small-scale productions - which allows the Town to compete against similar-sized projects.
The Town intends to apply for funding to expand the Concerts on the Avenue program in order to bring
more visitors and create additional economic activity during the next year, particularly on weekdays.
The desired expansion of the concert program is expected total $8,000 in additional expenditures.
Therefore, the Town intends to apply for $4,000 from the AOT grant program, and the required match
of $4,000 will be funded from the existing Community Services budget.
The second component is the Visit Arizona Marketing Program, which provides up to $20 million in
grant funds statewide for projects similar to those that are currently undertaken with AOT funds, as
described above.
The Town expects to apply for funding for two projects:
1) Translation services for the Experience Fountain Hills website in order to provide information that will
help attract additional international visitors. These efforts will be targeted towards potential visitors
from Germany, France, Japan and China, which represent most of the non-English speaking countries
that typically have the highest number of visitors to Arizona.
2) Video production which would highlight the Town and the newly renovated Community Center as a
viable destination for the event/meeting planner community. The purpose of the video would be to
bring more awareness of the facility, additional event activity at the center, and a corresponding
increase in overall economic activity.
The Town's estimate is that the two projects as part of this component will cost approximately $10,000.
If awarded, the AOT would provide $9,000 and the Town would be required to provide a 10% match, or
$1,000. This funding will be provided from the existing Tourism Division budget.
The third component of the Visit Arizona Initiative is the Outdoor Tourism Revitalization Program, which
funds tourism marketing hard costs, on-site upgrades to tourism attractions that improve accessibility
and customer experience as well as sustainability efforts. This grant provides $8 million in funding
statewide, and requires a match of between 10% for projects up to $50,000. The Town intends to apply
for $50,000 in order to provide a shade structure and additional seating amenities for the recently
approved Splash Pad renovation. These amenities were not included in the plan that Council approved
earlier this year. It is believed that the shade and seating features will result in additional visitation of
the Splash Pad, and a corresponding increase in economic activity. If the project is approved, the AOT
would provide $45,000 in funding and the necessary $5,000 matching funds will be provided from the
existing Community Services budget.
Overall, the applications described above would commit the Town to $68,000 in expenditures, and, if
these projects are fully approved by the AOT, grant funding would cover $58,000 of these expenditures.
Related Ordinance, Policy or Guiding Principle
Town of Fountain Hills Adopted Grant Policy.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends Town Council approve this request to allow staff to apply for and receive enhanced
Tourism grant funding from the Arizona Office of Tourism.
SUGGESTED MOTION
MOVE to authorize staff to submit grant applications, as appropriate, to the Arizona Office of Tourism,
accept grant funds, make the necessary budget transfers, and utilize the funds in a manner consistent
with the grant requirements.
Form Review
Inbox Reviewed By Date
Finance Director David Pock 08/30/2021 06:00 AM
Town Attorney Aaron D. Arnson 08/30/2021 08:30 AM
Town Manager Grady E. Miller 08/30/2021 09:04 PM
Form Started By: James Smith Started On: 08/23/2021 05:59 PM
Final Approval Date: 08/30/2021
ITEM 7. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/07/2021 Meeting Type: Combined Regular Meeting/Work Session
Agenda Type: Consent Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information: Grady E. Miller, Town Manager
Request to Combined Regular Meeting/Work Session (Agenda Language): CONSIDERATION
AND POSSIBLE ACTION: Adopting Resolution 2021-30 approving an Intergovernmental Agreement
with the Fort McDowell Yavapai Nation relating to Proposition 202 funding.
Staff Summary (Background)
Proposition 202 (Gaming Compact with the State of Arizona) was a ballot measure passed by the Arizona
voters in the 2002 state general election and codified in A.R.S. §5-601.02. This legislation allows for
distribution of funds to be solicited by cities, towns, and counties for their programs from Arizona Indian
Tribes for government services that benefit the general public, which include public safety, mitigation of
impacts of gaming, and the promotion of commerce and economic development.
The Gaming Compact permits the Nation to allocate 12% of the fees it pays to the State to cities, towns
and counties in the State of Arizona. Many non-profit organizations also request Proposition
202 funding as "pass through dollars" from cities, towns, and counties to support programs within their
communities. Because the legislation required that the funds be solicited by a municipality or county,
the Town Council approved Resolution 2004-34 on July 1, 2004, which adopted the Town's policy and
procedures relating to the Proposition 202 application process for the procurement of funds on behalf
of various entities (i.e. as a pass through for funds).
The Fort McDowell Yavapai Nation has awarded a total of $82,209.00 for FY2021 as follows:
Entities Purpose Award Contact
Town of Fountain Hills Unified
School District
General Public
30,720.00
Rachel Collins
Fountain Hills Theater Commerce 5,000.00 Kiera Allen
Town of Fountain Hills -
Economic Development
Commerce
10,000.00
James Smith
Fountain Hills River of
Time Museum
General Public
36,489.00
Cherie Koss
TOTAL $82,209.00
Related Ordinance, Policy or Guiding Principle
Related Ordinance, Policy or Guiding Principle
Section 12 of the Gaming Compact 2002 and A.R.S. § 5-601.02; Fountain Hills Resolution 2004-34
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of this resolution approving the intergovernmental agreement.
SUGGESTED MOTION
MOVE to adopt Resolution 2021-30.
Attachments
Res 2021-30
Form Review
Inbox Reviewed By Date
Finance Director David Pock 08/30/2021 02:07 PM
Town Attorney Aaron D. Arnson 08/30/2021 02:35 PM
Town Manager Grady E. Miller 08/30/2021 08:44 PM
Form Started By: Elizabeth A. Klein Started On: 08/30/2021 09:46 AM
Final Approval Date: 08/30/2021
RESOLUTION 2021-30
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION RELATING TO
PROPOSITION 202 FUNDING
ENACTMENTS:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as
follows:
SECTION 1. The Intergovernmental Agreement between the Town of Fountain Hills and the
Fort McDowell Yavapai Nation relating to Proposition 202 funding for promotion of tourism and
other public programs (the "Agreement") is hereby approved in substantially the form and
substance attached hereto as Exhibit A, incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to cause the execution of the Agreement and to take all steps necessary
to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
7th day of September, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
_______
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ITEM 7. G.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/07/2021 Meeting Type: Combined Regular Meeting/Work Session
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Patti Lopuszanski, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Combined Regular Meeting/Work Session (Agenda Language): CONSIDERATION
AND POSSIBLE ACTION: Termination of Easement for Access, Construction and Maintenance of
Parking Facilities Uses between the Town of Fountain Hills and the Boys and Girls Clubs of Scottsdale,
Inc.
Staff Summary (Background)
In May 2003, the Town of Fountain Hills granted the Boys and Girls Club a perpetual easement for
access and maintenance of the parking lot off of Calaveras Avenue and Del Cambre. Recently, the Club’s
attorney reached out to the Town and indicated that the Club wished to record a document terminating
the easement agreement and relinquishing all rights thereunder. The Boys and Girls Club no longer
wishes to maintain the space nor retain exclusive rights for parking and building access. The easement
agreement allows the Club to take this action.
Related Ordinance, Policy or Guiding Principle
Recorded in the Official Records of Maricopa County, Arizona, on June 2, 2003 as Instrument No.
2003-0697346. That portion of Lot 1, Block 18, Fountain Hills, Arizona Final Plat No. 107, as recorded in
Book 141, Page 18.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
STAFF RECOMMENDS approval of Termination of Easement For Access, Construction and Maintenance
of Parking Facilities Uses.
SUGGESTED MOTION
MOVE to approve Termination of Easement For Access, Construction and Maintenance of Parking
Facilities Uses.
Attachments
Boys and Girls Club 2003 Easement Agreement
Boys and Girls Club Map of Easement
Boys and Girls Club Termination of Easement
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 08/26/2021 04:43 PM
Finance Director David Pock 08/30/2021 06:01 AM
Town Attorney Aaron D. Arnson 08/30/2021 08:32 AM
Town Manager Grady E. Miller 08/30/2021 08:50 PM
Form Started By: Patti Lopuszanski Started On: 08/26/2021 11:35 AM
Final Approval Date: 08/30/2021
ITEM 7. H.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/07/2021 Meeting Type: Combined Regular Meeting/Work Session
Agenda Type: Consent Submitting Department: Administration
Prepared by: James Smith, Economic Development Director
Staff Contact Information: James Smith, Economic Development Director
Request to Combined Regular Meeting/Work Session (Agenda Language): CONSIDERATION
AND POSSIBLE ACTION: Adopting Resolution 2021-31 approving an Intergovernmental Agreement
with the Salt River Pima Maricopa Indian Community related to the receipt of Proposition 202 funding.
Staff Summary (Background)
Proposition 202 (Gaming Compact with the State of Arizona) was a ballot measure passed by the Arizona
voters in the 2002 state general election and codified in A.R.S. §5-601.02. This legislation allows for
distribution of funds to cities, towns, and counties for their programs from Arizona Indian Tribes for
government services that benefit the general public, including public safety, mitigation of impacts of
gaming, and the promotion of commerce and economic development.
The Gaming Compact permits the Nation to allocate 12% of the fees it pays to the State to cities, towns
and counties in the State of Arizona. Many non-profit organizations also request Proposition
202 funding as "pass through dollars" from cities, towns, and counties to support programs within their
communities. Because the legislation required that the funds be solicited by a municipality or county,
the Town Council approved Resolution 2004-34 on July 1, 2004, which adopted the Town's policy and
procedures relating to the Proposition 202 application process for the procurement of funds on behalf
of various entities (i.e. as a pass through for funds).
The Salt River Pima Maricopa Indian Community has awarded the Town of Fountain Hills a total of
$30,000.00, primarily for the promotion of tourism and economic development, in FY2021-22. These
funds will primarily be used for promoting and conducting the Town's Music Fest and for a partnership
with the Arizona Diamondbacks for advertising at Spring Training games.
Related Ordinance, Policy or Guiding Principle
Section 12 of the Gaming Compact 2002 and A.R.S. § 5-601.02; Fountain Hills Resolution 2004-34
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Resolution 2021-31 approving the Intergovernmental Agreement with
the Salt River Pima Maricopa Indian Community related to the receipt of Proposition 202 funding.
SUGGESTED MOTION
MOVE to adopt Resolution 2021-31 approving an Intergovernmental Agreement with the Salt River
Pima Maricopa Indian Community related to the receipt of Proposition 202 funding.
Attachments
Res 2021-31
Form Review
Inbox Reviewed By Date
Finance Director David Pock 08/30/2021 05:17 PM
Town Attorney Aaron D. Arnson 08/31/2021 08:27 AM
Town Manager Grady E. Miller 08/31/2021 09:29 AM
Form Started By: James Smith Started On: 08/30/2021 03:49 PM
Final Approval Date: 08/31/2021
RESOLUTION NO. 2021-31
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE INTERGOVERNMENTAL
AGREEMENT WITH SALT RIVER-PIMA MARICOPA INDIAN COMMUNITY,
ARIZONA, RELATING TO PAYMENT OF REGULATORY COSTS AND THE
STATE OF ARIZONA GAMING COMPACT
RECITALS:
WHEREAS, the Town wishes to enter into an Intergovernmental Agreement, dated
September____, 2021 (the “Agreement”) with the Salt River Pima-Maricopa Indian Community,
a Federally-Recognized Indian Tribe (“SRPMIC”), for the distribution of a portion of 12% of the
SRPMIC annual contribution (“Contribution”) under Section 12 of the Compact to cities, towns,
or counties that benefit the general public or promote commerce and economic development
pursuant to A.R.S. §5-601.02.
ENACTMENTS:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as
follows:
SECTION 1. The recital above is hereby incorporated as if fully set forth herein.
SECTION 2. The Intergovernmental Agreement (“IGA”) between the Town of Fountain Hills (the
"Town") and Salt River Pima-Maricopa Indian Community (“SRPMIC”) relating the distribution
of a portion of 12% of the SRPMIC annual contribution (“Contribution”) under Section 12 of the
Compact to cities in the Town is hereby approved in substantially the form attached hereto as
Exhibit A and incorporated herein by reference
SECTION 3. The Town hereby authorizes the acceptance of funds.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to cause the execution of the Intergovernmental Agreement and to take
all steps necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
7th day of September, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
_______
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
RESOLUTION 2021-31 PAGE 2
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
RESOLUTION 2021-31 PAGE 3
EXHIBIT A
TO
RESOLUTION NO. 2021-31
(Intergovernmental Agreement)
See following pages.
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE SALT RIVER PIMA MARICOPA INDIAN COMMUNITY
AND
THE TOWN OF FOUNTAIN HILLS
This Intergovernmental Agreement (“Agreement) is entered into by and between
the Salt River Pima-Maricopa Indian Community (“SRPMIC”), a Federally-Recognized
Indian Tribe, and the Town of Fountain Hills (the “Town”), pursuant to Section 12
Payment of Regulatory Costs; Tribal Contributions (“Section 12”) of the SRPMIC and
State of Arizona Gaming Compact 2002 (“Compact”) and Article VII, § 1(h) of the
SRPMIC Constitution and A.R.S. §5-601.02.
RECITALS
1. The SRPMIC and the Town may enter into an agreement with one another for the
distribution of a portion of 12% of the SRPMIC annual contribution (“Contribution”)
under Section 12 of the Compact to cities, towns, or counties that benefit the general
public or promote commerce and economic development pursuant to A.R.S. §5-
601.02.
2. The SRPMIC is authorized by Article VII, Section 1(h) of the Constitution of
SRPMIC to consult, negotiate, contract and conclude and perform agreements with
Federal, state, local governments and Indian Tribes, as well as any pers on, association,
partnership, corporation, government or other private entity.
3. The Town is authorized by A.R.S. § 11-951 through § 11-954 to enter into
intergovernmental agreements with other governmental agencies including Indian
Tribes.
4. The SRPMIC desires to convey to the Town a portion of its annual 12% local revenue -
sharing contribution (“Contribution”) required to be paid to local governments.
NOW THEREFORE, in considerat ion of the foregoing recitals, which are
incorporated herein, and the covenants and promises set forth below, the SRPMIC and the
Town hereby mutually agree as follows:
AGREEMENT
1. Purpose . The purpose of this Agreement is to set forth the rights and
responsibilities of the parties with respect to the payment and distribution of the
Contribution(s), as hereinafter defined.
Page 2 of 6
2. Contribution: The SRPMIC shall provide the Contribution to the Town, in the
amount of $ 30,000.00 following execution of this Agreement. The Contribution
shall be used solely for the Town’s tourism program.
Total Disbursement: $ 30,000.00
3. Payment and Use of Funds .
a. Use of Funds for Purposes Other Than to Fulfill Agreement. The Town
shall use the Contribution only for the express purpose contained herein.
b. Inspection and Audit. To ensure compliance with this Agreement, the
SRPMIC hereby reserves the right to inspect any and all records maintained
by the Town with respect to this transaction upon seven (7) days prior,
written notice to the Town. The Town shall allow the SRPMIC reasonable
access to the records pertaining thereto. This section shall survive
termination, cancellation, or revocations, whether whole or in part, of this
Agreement for a period of one (1) year following the date of such
termination, cancellation, or revocation.
4. Management of the Project.
a. Use of Contributions and Recordkeeping. The Town shall have
responsibility for disbursing the Contributions to the recipients in amounts
consistent with this Agreement. Within a reasonable time following receipt
of the Contributions from the SRPMIC, the Town shall use the
Contributions in accordance with applicable Town policies and procedures
governing the use of funds. The Town shall keep and maintain records
relating to this Agreement.
b. Responsibilities of the Town of Fountain Hills Following Disbursement of
Contributions. The parties agree that the Town is merely acting as a
conduit for distribution of funds to the recipients that are not departments,
agencies or offices of the Town (“non-Town recipients”). Upon
distribution of the Contributions to the non-Town recipients as specified in
Section 2 of this Agreement, the Town shall have no further responsibility
to the SRPMIC with respect to such funds or the use thereof by the non-
Town recipients. Therefore, upon the Town’s payment of the
Contributions to the non-Town recipients as provided in Section 2, the
SRPMIC shall release the Town from any and all claims, demands, debts,
liabilities, or obligations that may arise in the event that the non-Town
recipients fail for any reason to expend the Contributions in accordance
with Section 2.
Page 3 of 6
The SRPMIC further agrees that the Town shall have no obligation to
reimburse the SRPMIC the amount of the Contributions for any reason
after the Town disburses the Contributions to the non-Town recipients and
that the SRPMIC shall look solely to the non-Town recipients for
repayment of the Contributions in the event the Contributions are not used
for the intended purposes
5. Notices . Any notice, communication or modification shall be given in writing and
shall be given by registered or certified mail or in person to the following
individuals. The date of receipt of such notices shall be the date the notice shall be
deemed to have been given.
For the SRPMIC:
Martin Harvier, President
Salt River Pima Maricopa Indian Community
10005 E. Osborn Road
Scottsdale, Arizona 85256
For the Town of Fountain Hills :
Grady E. Miller, Town Manager
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
With a copy to:
Aaron D. Arnson, Town Attorney
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
6. Transactional Conflict of Interest. All parties hereto acknowledge that this
Agreement is subject to cancellation by the Town pursuant to the provisions of
Section 38-511, Arizona Revised Statutes.
7. Term and Termination of Agreement.
a. Effective Date. This Agreement shall be effective on the date it is signed by
the SRPMIC authorized representative.
b. Term. This Agreement shall commence upon the Effective Date and shall
terminate when the Contribution has been received and fully used by the
Town, as specified in Section 2 of this Agreement.
8. Indemnification.
Page 4 of 6
a. Indemnification. Each party (as “Indemnitor”) shall indemnify, defend, and
hold harmless the other party (as “Indemnitee”), its governing body,
officers, departments, employees and agents from and against any and all
suits, actions, legal or administrative proceedings, claims, demands, liens,
lo sses, fines or penalties, damages, liability, interest, attorneys, consultants
and accountant fees or costs and expenses of whatsoever kind and nature
(collectively referred to as “Claims”), but only to the extent that such Claims
which result in vicarious /derivative liability to the other party resulting from
or arising out of the negligence or willful misconduct of its employees or
agents in performing the duties set forth in this Agreement.
b. Severability. This section shall survive termination, cancellation, or
revocation whether whole or in part, of this Agreement for a period of one
(1) year from the date of such termination, cancellation or revocation unless
a timely claim is filed under A.R.S. § 12 -821.01, in which case this
paragraph shall remain in effect for each claim and/or lawsuit filed
thereafter, but in no event shall this paragraph survive more than five (5)
years from the date of termination, cancellation or revocation of this
Agreement.
9. Interpretation of Agreement.
a. Entire Agreement. This Agreement constitutes the entire agreement
between the parties pertaining to the subject matter contained herein, and
all prior or contemporaneous agreements and understandings, oral or
written, are hereby superseded and merged herein.
b. Amendment. This Agreement shall not be modified, amended, altered, or
changed except by written agreement signed by both parties.
c. Construction and Interpretation. All provisions of this Agreement shall be
construed to be consistent with the intention of the parties as expressed in
the recitals contained herein.
d. Relationship of the Parties. Neither party shall be deemed to be an employee
or agent of the other party to this Agreement.
e. Days. Days shall mean calendar days.
f. Severability. In the event that any provisions of this Agreement or the
application thereof is declared invalid or void by statute or judicial decision,
such action shall have no effect on other provisions and their application
which can be given effect without the invalid or void provision or
application, and to this extent the provisions of the Agreement are severable.
In the event that any provision of this Agreement is declared invalid or void,
Page 5 of 6
each party agrees to meet promptly upon request of the other party in a n
attempt to reach an agreement on a substitute provision.
10. Non-Waiver of Sovereign Immunity. Nothing in this Intergovernmental
Agreement shall be construed to waive the Sovereign Immunity of the SRPMIC.
IN WITNESS WHEREOF, the Town has caused this Intergovernmental
Agreement to be approved by the Town Council, executed by its Mayor and attested to by
its Town Clerk, pursuant to the above stated powers and authority, and the SRPMIC has
caused this Intergovernmental Agreement to be executed by the SRPMIC Council and
attested to by its President.
This Agreement is effective upon signature of a duly appointed representative of
the Salt River Pima-Maricopa Indian Community.
IN WITNESS WHEREOF, the Parties have executed this Agreement.
SALT RIVER TOWN OF FOUNTAIN HILLS ,
PIMA-MARICOPA INDIAN COMMUNITY, an Arizona Municipal Corporation:
A Federally Recognized Indian Tribe:
By:______________________________ By:___________________________
Name:____________________________ Name:________________________
Title:_____________________________ Title:_________________________
Date:_____________________________ Date:_________________________
ATTEST:
______________________________
[Insert name, title]
Page 6 of 6
APPROVAL OF SR PMIC ATTORNEY
The undersigned attorney acknowledges that s/he has reviewed the above
Agreement on behalf of the Salt River Pima -Maricopa Indian Community, and has
determined that this Agreement is in proper form and that execution hereof is within the
powers and authority granted under the Constitution of the Salt River Pima -Maricopa
Indian Community, Article VII, §1(h). This acknowledgement shall not constitute nor be
construed as a waiver of the Sovereign Immunity of the Salt River Pima-Maricopa Indian
Community.
________________________________ ______________________
General Counsel Date
APPROVAL OF CITY ATTORNEY
In accordance with the requirements of A.R.S. § 11 -952(D), the undersigned
attorney acknowledges that (i) s/he has reviewed the above Agreement on behalf of the
Town of Fountain Hills and (ii) as to the Town of Fountain Hills only, has determined that
this Agreement is in proper form and that execution hereof is within the powers and
authority granted under the laws of the State of Arizona.
_______________________________ _______________________
Town Attorney Date
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/07/2021 Meeting Type: Combined Regular Meeting/Work Session
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Combined Regular Meeting/Work Session (Agenda Language): PUBLIC HEARING,
CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-06 amending the Zoning Ordinance, Chapter
1 to change the definition of hospital and Chapter 12 to provide for hospitals as a permitted use.
Staff Summary (Background)
In 2019 a proposal was made to locate a hospital facility at the intersection of Saguaro Boulevard and
Trevino Drive. In reviewing the request, it was discovered that hospitals are not listed as a permitted
use in the Town. Staff made the determination that such a use should go in C-2 zoning. There was
significant neighborhood opposition to the request to rezone the property to C-2. At the Planning and
Zoning Commission (P & Z) hearing for the rezoning, the Commission recommended to the Town
Council that the hospital be allowed as a C-1 use subject to approval of a Special Use Permit for the
24-hour operation of a hospital. Per a provision in Section 12.02 of the Zoning Ordinance, the Town
Council has the authority to decide which zoning district a use should be permitted. At the public
hearing on the rezoning case for the hospital, the Council agreed with the P & Z Commission's
recommendation and hospitals would be considered a use allowed in the C-1 zoning district. Based on
that decision by the Town Council, the property owner was permitted to move forward with the
development of the hospital on this property.
The purpose of this agenda item is to now update the zoning ordinance to reflect the decision that was
already made by the Town Council.
Staff has researched the zoning ordinance of several other communities in Arizona to see what zoning
districts are used to allow hospitals. While zoning districts are not necessarily directly comparable, they
are generally similar. In researching this, staff found the following:
Scottsdale - Hospitals are allowed only in C-O, Commercial Office District, with approval of a
Conditional Use Permit
Mesa - Hospitals are allowed by right in the NC, Neighborhood Commercial, CC Community
Commercial, GC, General Commercial, PEP, Planned Employment Park, LI, Light Industrial, and
DB-1 and DB-2, Downtown Business Districts
Paradise Valley - does not have an allowance for hospitals in its zoning ordinance
Gilbert - Hospitals are allowed in the GO, General Office, and BP, Business Park, districts with
Gilbert - Hospitals are allowed in the GO, General Office, and BP, Business Park, districts with
approval of a conditional use permit. They are allowed in the GC, General Commercial, RC,
Regional Commercial, and PF/I, Public Facilities/Institutional districts by right.
Chandler - Hospitals are allowed in the C-1, Neighborhood Commercial, C-2, Community
Commercial, and C-3, Regional Commercial, districts by right.
Florence - Hospitals are allowed in the PO, Professional Office, and B-1 Neighborhood Business
districts with approval of a Conditional Use Permit. They are allowed in the B-2, Highway
Business Commercial, TRC, Tourist Commercial, PI, Public/Institutional, LI, Light Industrial, and HI,
Heavy Industrial districts by right.
Flagstaff - Hospitals are allowed in all zoning districts with approval of a Conditional Use Permit
Sedona - Hospitals are allowed in the M2, Mixed Use Office, M3, Mixed Use Activity Center, CO,
Commercial, and L, Lodging, Districts by right.
As shown through this review, a number of communities allow hospitals in districts similar to the C-1
and C-C zoning districts either by right or through approval of a conditional use permit. None of the
communities referenced above (except Paradise Valley which does not allow hospitals at all) excludes
hospitals from the typically neighborhood-oriented office and neighborhood commercial zoning
districts. Staff is recommending a text amendment that lists hospitals as a use by right in the C-2 and
C-3 zoning districts and requiring approval of a Special Use Permit in the C-1 and C-C zoning districts.
At the Planning and Zoning Commission hearings on this text amendment, a concern was expressed
over the definition of a hospital and how the community might be impacted depending on the nature of
the hospital. Due to this concern, the proposed text amendment was broadened to include a change to
the existing definition in the ordinance. The ordinance currently defines a hospital as: "Hospital : A place
for the treatment or care of human ailments, where overnight lodging for patients is provided, other
than nursing homes." This is a very broad definition that would allow for a wide range in types of
medical services. To address this, staff proposed the following new definition:
Hospital. Includes establishments known and licensed as general medical and surgical hospitals
primarily engaged in providing diagnostic and medical treatment (both surgical and nonsurgical)
to inpatients with any of a wide variety of medical conditions. These establishments maintain
inpatient beds for patients who can stay for more than 24 hours. These establishments usually
provide other services, such as outpatient services, anatomical pathology services, diagnostic
x-ray services, clinical laboratory services, operating room services for a variety of procedures, and
pharmacy services. This definition shall not include outpatient nor inpatient services defined or
classified under the umbrella of behavioral health including chemical dependency with the
exception of emergent, initial point of care treatment typical of an emergency department.
With this proposed change to the definition of a hospital, facilities operating as behavioral health
hospitals or detoxification facilities would not be included.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Chapter 1, Section 1.12, Definitions
Zoning Ordinance Chapter 12, Commercial Zoning Districts
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission reviewed and discussed this proposed text amendment at three
hearings: April 12, May 10 and July 12, 2021.
At the April 12, 2021, meeting there was some concern expressed by the Commission that hospitals did
not properly fit in the C-1 zoning district, that C-2 or C-3 districts would be better. There was some
thought that the previous action by the Town Council was meant to apply to just the property at Trevino
and Saguaro, not generally to C-1 zoning in the Town. That, however, is not legally possible; all property
with the same zoning district must be treated the same. Therefore, by the P & Z Commission
recommending, and Town Council approving, an interpretation of the Zoning Ordinance stating
hospitals are allowed in the C-1 zoning district, that applies to all C-1 zoned property in the Town.
At the May 10, 2021, Planning and Zoning Commission hearing there was continued concern about what
is meant when we use the term "hospital." There was a desire to see a definition that would limit or
prohibit the opportunity for behavioral health or substance abuse facilities to be considered a hospital
and allowed in this zoning category.
For the July 9, 2021, Planning and Zoning Commission hearing staff included a revised definition of
hospital as part of the text amendment. This new definition limits the types of facilities that would be
classified as a hospital for the Town. The revised definition removes behavioral health hospitals from
the types that could come into the Town. Dr. Schleifer from Fountain Hills Medical Center said this
should not be an issue. These specialized types of hospitals are not as prevalent and is not intended for
Fountain Hills Medical Center. There was some concern, however, on the part of at least one
Commissioner that the exclusion would be a loss for the citizens of the Town.
The Commission voted 5-1 (Commissioner Dempster absent) to recommend approval of the ordinance.
Staff Recommendation(s)
Given the previous action of the Town Council to declare hospitals to be a C-1 use, and with the revised
definition of hospital, staff recommends approval of Ordinance 21-06 to modify the definition of
hospital and make hospitals a use by right in the C-2 an C-3 district and allow them in the C-1 and C-C
districts with the approval of a Special Use Permit.
SUGGESTED MOTION
MOVE to adopt Ordinance 21-06.
Attachments
Ord 21-06
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 06/30/2021 08:55 AM
Development Services Director (Originator)John Wesley 08/24/2021 04:52 PM
Town Attorney Aaron D. Arnson 08/24/2021 07:22 PM
Town Manager Grady E. Miller 08/25/2021 05:21 PM
Form Started By: John Wesley Started On: 06/09/2021 11:04 AM
Final Approval Date: 08/25/2021
ORDINANCE NO. 21-06
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTER 1, INTRODUCTION, SECTION 1.12,
DEFINITIONS, AMENDING THE DEFINITION OF HOSPITAL AND CHAPTER
12, COMMERCIAL ZONING DISTRICTS, AMENDING SECTION 12.02 B. 3 BY
ADDING HOSPITALS TO THE LIST OF PERMITTED USES
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) adopted
Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town
of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend Chapter 1, Introduction, Section 1.12, Definitions
by amending the existing definition of Hospital and Chapter 12, Commercial Zoning Districts, of
the Zoning Ordinance, Section 12.02, Permitted Uses, B. 3. by adding hospitals as a permitted
use in the C-1, C-C, C-2, and C-3 Zoning Districts; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-
462.04, public hearings regarding this ordinance were advertised in the June 23, June 30,
August 18, and August 25, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
April 12, 2021, May 10, 2021, and July 12, 2021, and by the Town Council on September 7,
2021.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 1, Introduction, Section 1.12, Definitions, is hereby
amended as follows:
…
Hospital: A place for the treatment or care of human ailments, where overnight lodging for
patients is provided, other than nursing homes. INCLUDES ESTABLISHMENTS KNOWN AND
LICENSED AS GENERAL MEDICAL AND SURGICAL HOSPITALS PRIMARILY ENGAGED
IN PROVIDING DIAGNOSTIC AND MEDICAL TREATMENT (BOTH SURGICAL AND
NONSURGICAL) TO INPATIENTS WITH ANY OF A WIDE VARIETY OF MEDICAL
CONDITIONS. THESE ESTABLISHMENTS MAINTAIN INPATIENT BEDS FOR PATIENTS
WHO CAN STAY FOR MORE THAN 24 HOURS. THESE ESTABLISHMENTS USUALLY
PROVIDE OTHER SERVICES, SUCH AS OUTPATIENT SERVICES, ANATOMICAL
PATHOLOGY SERVICES, DIAGNOSTIC X-RAY SERVICES, CLINICAL LABORATORY
SERVICES, OPERATING ROOM SERVICES FOR A VARIETY OF PROCEDURES, AND
ORDINANCE 21-06 PAGE 2
PHARMACY SERVICES. THIS DEFINITION SHALL NOT INCLUDE NOR HAVE PROVISION
FOR OUTPATIENT OR INPATIENT SERVICES DEFINED OR CLASSIFIED UNDER THE
UMBRELLA OF BEHAVIORAL HEALTH INCLUDING CHEMICAL DEPENDENCY WITH THE
EXCEPTION OF EMERGENT, INITIAL POINT OF CARE TREATMENT TYPICAL OF AN
EMERGENCY DEPARTMENT.
…
SECTION 3. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section 12.02 B.
3 is hereby amended as follows:
Section 12.02 B. Uses permitted in C-1, C-C, C-2, and C-3, Zoning Districts are as follows:
…
3. Public and Quasi-Public Uses
a. Churches
b. Golf courses including clubhouses located thereon, but not including miniature
courses or practice driving ranges operated for commercial purposes
c. HOSPITALS; SUBJECT TO APPROVAL OF A SPECIAL USE PERMIT IN THE
C-1 AND C-C DISTRICTS TO OPERATE BETWEEN 11 PM AND 7 AM
D.c. Libraries, museums, parks, playgrounds, and community buildings
E.d. Public Schools
F.e. Publicly or privately owned or operated fires stations, and publicly owned or
operated police stations and post offices
G.f. Utility services, but not including offices, wastewater treatment plants, generating
plants, and wireless communication towers and antennas, unless otherwise
specifically permitted elsewhere in the ordinance.
…
SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held to be unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 5. In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the
laws of the State of Arizona, the City/Town Council has considered the individual property rights
and personal liberties of the residents of the City/Town and the probable impact of the proposed
ordinance on the cost to construct housing for sale or rent before adopting this ordinance
ORDINANCE 21-06 PAGE 3
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
7th day of September, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/07/2021 Meeting Type: Combined Regular Meeting/Work Session
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Combined Regular Meeting/Work Session (Agenda Language): PUBLIC HEARING,
CONSIDERATION, AND POSSIBLE ACTION: Ordinance No. 21-02, establishing Section 2.08, Citizen
Participation, in the Zoning Ordinance.
Staff Summary (Background)
Background
Development projects that include public hearings for general plan amendments, rezoning, and/or
Special Use Permits (SUP), are processed in a manner to encourage and include input and participation
by surrounding property owners. This is done by notifying property owners within 300 feet of the site of
the public hearing. Notice is provided by mail, publication in the newspaper, and posting the property.
These surrounding property owners have a stake in the existing neighborhood and will be most
impacted by the proposed changes and development.
The General Plan sets the stage for what can happen with the development of a piece of property. Any
rezonings that occur on a property must be consistent with the general plan. A proposed change to the
general plan affects what zoning can go on a property and what can be built.
Each zoning district contains a number of uses permitted by right. Most zoning districts also include
uses or activities that can be allowed only through approval of a Special Use Permit by the Town Council
following recommendation by the Planning and Zoning Commission.
When the general plan designation changes, a property is rezoned, or a SUP is granted, it is important
that the surrounding neighbors are involved in the decision-making process and have the opportunity to
voice any concerns or objections. After these actions is approved there are generally no other
opportunities for citizens to impact the design or development process.
As developers move through the entitlement process, they begin to layout the design of the property
and buildings. Early in the process, it is generally easier to impact the design of the property and
buildings before a number of design decisions are made and costs are incurred in the design process.
Therefore, it is important and beneficial to receive citizen input and feedback as early as possible. Often
by the time an application gets to the public hearing stage for a rezoning or SUP, it is very difficult to
make impactful changes or modifications to a proposal.
To address this issue, many cities and towns include in their zoning ordinance a requirement for the
applicant in land use cases to incorporate a citizen participation effort during the entitlement process.
Citizen participation requirements differ from public hearing requirements in that they occur early in
the process and have the objective of providing an opportunity for dialogue between the applicant and
the developer. These citizen participation requirements mandate that the applicant take some steps
prior to going to the public hearing to notify surrounding property owners about the proposed
development and provide them an opportunity to provide input. The applicants are then required to
submit a report stating what they did to provide the opportunity for input, what input was received, and
how they responded to that input.
The Fountain Hills zoning ordinance does not include a required citizen participation process. It is
proposed that such a requirement be added to the zoning ordinance. The proposed new Section 2.08 of
the zoning ordinance, as described below, is attached for your review.
Section A of the ordinance requires that the applicant submit a Citizen Participation Plan with
their application. The Plan needs to state who they are going to contact (at a minimum this is the
property owners in the required public hearing notice area), a general description of how
interested persons can obtain information about the proposed development, how the
applicants plans to contact those on the contact list, a description of the schedule for
implementation of the plan, and a statement as to how the applicant will keep the Town informed
of comments received.
Section B of the ordinance requires the applicant to file a Citizen Participation Report prior to the
item going to its first public hearing. The Report must describe any issues or concerns raised and
how they were addressed (which can be a statement that they did not make any changes), include
a list of people who made contact with the applicant through the citizen participation process,
and provide a description of all input received from interested parties.
Section C of the ordinance lists the type of information that needs to be supplied to the public
when they are notified of the proposal to ensure they have a picture of what is being proposed.
Section D of the ordinance states that if the Development Services Director determines the
ordinance was not followed or the efforts to work with the public were insufficient to provide
meaningful public input, that the application can be postponed, rescheduled, or denied.
Section E of the ordinance makes it clear that the information and notices provided to implement
the Citizen Participation Ordinance are different from the public hearing notices that occur prior
to a hearing.
The goal of the ordinance is to ensure a person owning property near a proposed development has the
opportunity to be informed about a proposed development and provide early comments without
hamstringing the applicant into a specific method of providing the information and receiving the
feedback. Pre-pandemic the typical option would be to hold a public meeting. During the
pandemic many people learned how to put on and attend virtual meetings. The ordinance provides the
opportunity to provide for the public review and input virtually through emails, online meetings,
websites, traditional in-person meetings, etc. The ordinance also does not require applicants to make
changes to their project due to public input, only that they report on the input received and how they
responded. The hope is that applicants would make reasonable changes to address
concerns beforehand so those issues would not have to be addressed in a public meeting.
Additional Discussion
Based on further review and input received, one minor modification has been made to the ordinance
and language has been added to the Guidelines.
The modification to the Ordinance is to Section 2.08 A 1 d. This section provides that interested parties
The modification to the Ordinance is to Section 2.08 A 1 d. This section provides that interested parties
can be included in the notification list. The words "in writing" were added to make it clear that if
someone wants to be placed on a notification list, they need to submit that to staff in writing as a means
for staff to track the request.
Given the comments that have been made, it was clear there could be some confusion regarding the
implementation of the ordinance, even with the Guidelines as drafted. The Guidelines were draft purely
from the perspective of assisting the applicant. It was recognized that citizens may also read these
guidelines to see how this ordinance should be implemented. Therefore, additional language has been
added to further describe the implementation from the citizen perspective. Along this line, additional
language seeks to clarify the applicant's responsibility to record, consider, and report on comments
made by citizens and to add some clarity to the time frame for adequate notice of meetings. A strike
through version of the Guidelines is attached to illustrate the changes.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 2.01 Amendments or Zone Changes
Zoning Ordinance Section 2.02 Special Use Permits
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission considered this item at its regular meetings on April 12 and July
12, 2021 (Case Z2020-12).
At the first meeting members of the Commission had some questions and concerns they wanted staff to
review and consider for possible adjustments to the proposed ordinance. Those items were:
To reduce the Homeowner's Associations or registered neighborhoods to be included in the
notification regarding the planned development to those with property within the standard
notification area (300'). Staff has made that change in Section A. 1. B.
Include virtual meetings in the options for informing citizens and receiving feedback. That was an
option in the previous draft ordinance, but not specifically listed. Section A. 3. now specifically
lists this as one of the options. There was also some discussion of making a virtual meeting a
requirement. Staff has chosen to not make it a requirement in the ordinance. This is because of
the range of types of cases that might have to implement a citizen participation plan. We have,
however, added a set of guidelines to be used along with the ordinance. Those guidelines are
attached. Those guidelines encourage virtual meetings, especially for larger projects and
applications being processed during the summer months when many residents are out of town.
Require a checklist of ordinance requirements to demonstrate the development will comply with
all ordinances, or highlight which ones will not be met, so they can be recognized and discussed.
This one was more challenging for a number of reasons. Citizen Participation Plans will be
required with general plan amendments, rezonings, and special use permits. Only the special use
permit application requires a site plan. Therefore, at this stage of a project the developer may not
know what site plan challenges they may have that would result in a need to deviate from the
ordinance. We do not want to create a false sense that just because no deviations were listed at
this point that there will not be some in the future. Further, there are so many ordinances that a
list would be very long and cumbersome to put together and use. As an alternative, staff has
added a new Section C. 4. which requires the applicant to include "a list of any identified
deviations from standard ordinance requirements being considered or requested for the
deviations from standard ordinance requirements being considered or requested for the
development." This will at least get the applicant, staff, and citizens thinking about the topic and
considering any potential issues.
Require staff to attend any meetings held between the applicant and neighbors. There is a
concern that the applicant may not paint a clear picture of the project or properly represent
commitments made during the meeting. The challenges with this approach are that, given the
nature of the application there may not be organized meetings, some information flow can
happen outside of an organized meeting, and the emphasis is to create dialogue between the
applicant and neighbors - having staff in a meeting tends to shift the emphasis and have staff be
the go between. As an alternative, staff has included in the guidelines that staff is to be notified
of any meetings and may attend. This provides flexibility to the individual situation without
making it an ordinance requirement.
During its meeting in July, the Commission further discussed the ordinance and received comments from
the public in support of the ordinance. Based on their review they requested a few minor modifications
to the proposed ordinance then voted unanimously to recommend approval.
Staff Recommendation(s)
Staff recommends approval of Ordinance 21-02.
SUGGESTED MOTION
MOVE to adopt Ordinance 21-02.
Attachments
Ord 21-02
Citizen Participation Guidelines
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 08/24/2021 05:08 PM
Form Started By: John Wesley Started On: 08/18/2021 01:19 PM
Final Approval Date: 08/24/2021
ORDINANCE NO. 21-02
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTER 2, PROCEDURES, ADDING SECTION 2.08,
CITIZEN PARTICIPATION
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) adopted
Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town
of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend Chapter 2 of the Zoning Ordinance, Procedures,
to add Section 2.08, Citizen Participation; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-
462.04, public hearings regarding this ordinance were advertised in the March 24, 2021 and
March 31, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
April 12, 2021 and by the Town Council on May 18, 2021.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 2, Procedures, is amended by adding Section 2.08,
Citizen Participation, as follows:
Section 2.08 Citizen Participation
A. CITIZEN PARTICIPATION PLAN. EVERY APPLICATION FOR A MAJOR OR MINOR
GENERAL PLAN AMENDMENT, ZONING MAP AMENDMENT, OR SPECIAL USE
PERMIT SHALL BE ACCOMPANIED BY A CITIZEN PARTICIPATION PLAN
DESIGNED TO PROVIDE EFFECTIVE AND EARLY PUBLIC PARTICIPATION INTO
THE PROPOSED GENERAL PLAN AMENDMENT, ZONING MAP AMENDMENT OR
SPECIAL USE PERMIT. THE CITIZEN PARTICIPATION PLAN SHALL INCLUDE, AT
A MINIMUM, THE FOLLOWING:
1. A CONTACT LIST OR METHOD FOR NOTIFYING ADJACENT LANDOWNERS
AND OTHER POTENTIALLY AFFECTED CITIZENS OF THE PROPOSED
ACTION, THAT SHALL INCLUDE, BUT IS NOT LIMITED TO:
ORDINANCE 21-02 PAGE 2
A. PROPERTY OWNERS WITHIN THE MAXIMUM PUBLIC HEARING
NOTICE AREA REQUIRED FOR THE APPLICABLE TYPE OF
APPLICATION;
B. HOMEOWNERS ASSOCIATIONS AND OTHER NEIGHBORHOOD
ASSOCIATIONS AS IDENTIFIED BY THE TOWN THAT ARE LOCATED
WITHIN THE PUBLIC HEARING NOTICE AREA REQUIRED FOR THE
APPLICABLE TYPE OF APPLICATION;
C. INTERESTED PARTIES THAT HAVE REQUESTED IN WRITING THAT
THEY BE PLACED ON A CONTACT LIST FOR THESE TYPES OF
APPLICATIONS; AND,
D. OTHER INTERESTED PARTIES THAT MAY HAVE BEEN IDENTIFIED
BY THE TOWN.
2. A GENERAL DESCRIPTION OF HOW INTERESTED PERSONS MAY OBTAIN
INFORMATION OR UPDATES ABOUT THE PROJECT, SUCH AS
NEWSLETTERS, MAILINGS, SOCIAL MEDIA, AND MEETINGS.
3. A GENERAL DESCRIPTION OF HOW INTERESTED PERSONS WILL BE
PROVIDED AN OPPORTUNITY TO DISCUSS THE PROPOSAL WITH THE
APPLICANT, SUCH AS NEIGHBORHOOD MEETINGS, PHONE CONTACTS, E-
MAIL, VIRTUAL MEETINGS, OR DOOR-TO-DOOR VISITS.
4. THE APPLICANT’S PROPOSED SCHEDULE FOR IMPLEMENTATION OF THE
CITIZEN PARTICIPATION PLAN.
5. A STATEMENT EXPLAINING HOW THE APPLICANT PLANS TO KEEP THE
TOWN INFORMED ON THE STATUS OF THE IMPLEMENTATION OF ITS
CITIZEN PARTICIPATION PLAN, SUCH AS PROVIDING STAFF COPIES OF
NOTICES PRIOR TO MEETINGS WITH CITIZENS, AND CONTACT LISTS
USED TO NOTIFY POTENTIALLY AFFECTED CITIZENS.
B. CITIZEN PARTICIPATION REPORT. APPLICANTS SHALL PROVIDE A WRITTEN
CITIZEN PARTICIPATION REPORT TO THE TOWN DETAILING THE RESULTS OF
THE CITIZEN PARTICIPATION PLAN AT LEAST 10 TOWN BUSINESS DAYS PRIOR
TO THE FIRST SCHEDULED PUBLIC HEARING. THE CITIZEN PARTICIPATION
REPORT SHALL INCLUDE:
1. A LIST OF NAMES OF ALL CITIZENS AND INTERESTED PARTIES WHO
CONTACTED THE APPLICANT REGARDING THE PROPOSAL OR
ATTENDED ANY MEETINGS OR PRESESNTATIONS WHETHER IN PERSON
OR VIRTUALLY;
2. A SUMMARY OF CITIZEN CONCERNS, ISSUES, AND PROBLEMS
EXPRESSED DURING THE CITIZEN PARTICIPATION PROCESS AND HOW
THESE HAVE BEEN ADDRESSED; AND,
ORDINANCE 21-02 PAGE 3
3. COPIES OF COMMENT LETTERS, PETITIONS, EMAILS, AND OTHER
PERTINENT INFORMATION RECEIVED FROM CITIZENS OR OTHER
INTERESTED PARTIES.
C. THE APPLICANT MUST PROVIDE POTENTIALLY AFFECTED CITIZENS WITH
ENOUGH INFORMATION TO CREATE A REASONABLY ACCURATE PORTRAYAL
OF THE NATURE AND SCALE OF THE PROPOSED APPLICATION INCLUDING:
1. A GENERAL LOCATION MAP SHOWING THE PROPERTY OR AREA
CONSIDERED BY THE APPLICATION IN CONTEXT WITH SURROUNDING
PROPERTY;
2. A SPECIFIC SITE LOCATION MAP;
3. A TENTATIVE DEVELOPMENT PLAN OR SITE PLAN, AS APPLICABLE FOR
THE PROPOSED APPLICATION;
4. A LIST OF ANY IDENTIFIED DEVIATIONS FROM STANDARD ORDINANCE
REQUIREMENTS BEING CONSIDERED OR REQUESTED FOR THE
DEVELOPMENT;
5. THE CURRENT GENERAL PLAN OR ZONING CLASSIFICATION AND
AUTHORIZED USES OF THE PROPERTY OR AREA CONSIDERED BY THE
APPLICATION AND ANY PROPOSED CHANGES; AND,
6. THE ANTICIPATED SCHEDULE FOR DEVELOPMENT.
D. FAILURE TO COMPLY WITH THE CITIZEN PARTICIPATION PROVISIONS OF THIS
SECTION, OR A DETERMINATION BY THE DEVELOPMENT SERVICES DIRECTOR
THAT SUCH EFFORTS WERE INSUFFICIENT TO PROVIDE ADEQUATE
OPPORTUNITIES FOR CITIZEN PARTICIPATION, MAY RESULT IN
POSTPONEMENT, RESCHEDULING, OR DENIAL OF AN APPLICATION.
E. THE REQUIREMENTS IN THIS SECTION APPLY IN ADDITION TO ANY NOTICE
PROVISIONS REQUIRED ELSEWHERE IN THIS ZONING ORDINANCE OR BY THE
ARIZONA REVISED STATUTES.
Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held to be unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance.
ORDINANCE 21-02 PAGE 4
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
7th day of September, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
Citizen Participation Guidelines
Every application for a general plan amendment, special use permit, or rezoning shall follow the
requirements contained in Section 2.08 of the Town’s Zoning Ordinance for the implementation of a
Citizen Participation process. The following guidelines are provided to assist applicants in carrying out
this ordinance requirement.
Notes:
Citizens – the Citizen Participation Process has been established and designed to provide you the
opportunity for early involvement in a development proposal in your neighborhood involving a
General Plan Amendment, a change in zoning, or a Special Use Permit to allow a specific use or
activity on the property not generally available. The applicant for the development will be
required to provide you with information about the proposed project and provide you with a
means to make comments. While the hope and desire is that they will respond to positive
suggestions to improve the proposal to avoid any adverse impacts, they are not obligated to
make any changes. The applicant is, however, obligated to provide a report to the Town listing
the comments made and how they have responded to those comments. Staff will be able to take
that information into account when preparing a staff report and recommendation on the
request. You will also be able to continue bringing up items of concern at the public hearing(s).
Applicant – It is your responsibility to draft and submit the required Citizen Participation Plan and
subsequent Report. The purpose of the Citizen Participation Process, as provided below, is geared
to encourage conversation between the developer of a property and the surrounding neighbors
to help ensure the proposed development will add to the quality of the neighborhood. As the
applicant, you are not under any obligation to makes changes to your project in response to the
comments and concerns of the neighbors. You are, however, obligated to prepare and
implement a reasonable and realistic method to engage the surrounding neighbors in a
meaningful way, record what their comments, questions, and concerns are, and report them
along with your responses.
The requirements for providing and implementing a Citizen Participation Plan are separate from
and do not substitute for the public hearing notice that will take place prior to a public hearing.
Those notice requirements (mailed notice, posting the property, and publishing in the local
newspaper) will also be followed to inform the public of the hearings.
The purpose of the Citizen Participation Process is to:
1. Ensure that applicants pursue early and effective citizen participation in conjunction with their
application, providing the applicant with an opportunity to understand and address any real or
perceived impacts their development may have on the community;
2. Ensure that citizens, property owners, and neighbors have an adequate opportunity to learn
about proposed developments that may affect them and to work with applicants to resolve
potential concerns at an early stage of the process;
3. Provide flexible means for applicants and citizens to engage using the means most appropriate
for the given project and the technologies available to include property owners who are in town
and out of town; and,
4. Facilitate communication between the applicant, interested citizens and property owners, and
Town staff, throughout the application review process.
The Citizen Participation Plan is not intended to produce complete consensus on all development
proposals, but is intended to encourage applicants to be good neighbors and to allow for informed
decision-making.
It is advised that applicants discuss their Citizen Participation Plan with staff prior to finalization of the
Plan to help ensure the goals and intent of the Town are being met and reduce the possibility of delay
later in the process.
An applicant may submit a Citizen Participation Plan and begin implementation prior to formal
application, but not until after consultation with Planning staff.
Citizen Participation Plan
The Citizen Participation Plan must be submitted with a General Plan Amendment, Rezoning, or Special
Use Permit application. Failure to submit a complete Plan meeting the requirements of the Ordinance
and/or failing to implement the Plan may result in postponement of the public hearing for the
associated application.
At a minimum, the Citizen Participation Plan shall include the following information:
1. A list of residents, property owners, interested parties, political jurisdictions and public agencies
which may be affected by the proposed development;
2. How those interested in, and potentially affected by, a proposed development will be notified
that such application has been made;
3. How those interested and potentially affected parties will be informed (e.g. mailing, going door-
to-door, etc.) of the substance of the change, amendment, development, or other action
proposed by the application;
4. How those affected or otherwise interested will be provided an opportunity to discuss the
proposal with the applicant and express any concerns, issues, or problems they may have with
the proposal in advance of the public hearing (e.g. group meeting, virtual meeting, email, phone,
etc.);
5. The applicant's schedule for completion of the Citizen Participation Plan that includes adequate
time for notice prior to holding any meetings or input sessions (generally at least 15 days in
advance); and
6. How the applicant will keep the Development Services Department informed on the status of
their citizen participation efforts.
Notification List: The level of citizen interest and area of involvement will vary depending on the nature
of the application and the location of the site. The typical target area for notification of an application
is:
1. Property owners within the required public hearing notice area (currently set at 300’);
2. Any HOA’s or other recognized neighborhood groups within that same notice area;
3. The Town Planning Division (Town staff may attend meetings); and,
4. Any other persons who have communicated with the Development Services Department their
desire to be notified of any development proposals.
Notice Contents: The information provided to the people on the contact list needs to provide those
receiving the information sufficient information to have a clear picture of what is being proposed. The
information must include, at a minimum, a:
1. Location map clearly identifying the parcel(s) involved;
2. A site plan showing the nature of the development being proposed (if an existing building is
being used with no modifications an aerial image can be used);and,
3. A narrative that further explains the proposed development including, but not limited to:
a. Requested general plan designations or zoning designation, as appropriate;
b. Anticipated time frame for development; and,
c. Any deviations from standard code anticipated with the development.
Citizen Notice and Input Options: As stated above, the Ordinance allows flexibility to the applicant in
establishing methods to be used to provide information and receive comments. Care should be taken
when preparing the Plan to establish methods appropriate for the location of the property, nature of the
request, and time of year the application will be processed. Applications involving new construction
should consider a more involved process compared to one that is simply adding a use to an existing
building. Virtual meetings are strongly recommended as a component of the Plan for more significant
development proposals being processed during the summer months.
Town Updates: Include a statement regarding how you will keep the Town updated on progress of
implementing the Citizen Participation Plan. Typically, this would be an email following each planned
meeting or presentation giving a brief summary of what occurred.
Citizen Participation Report
Applicants shall provide a written report on the results of their citizen participation effort at least ten
(10) Town business days prior to the first scheduled public hearing for the development. This report will
be attached to the staff report.
At a minimum, the citizen participation report shall include the following information:
1. Details of techniques the applicant used to involve the public, including:
a. Dates and locations of all meetings (virtual or in person) where citizens were invited to
discuss the applicant's proposal; and
b. Copies of all materials used to communicate to the contact list including content of notices,
dates when material was provided, social media posts, and numbers of mailings, including
letters, meeting notices, newsletters and other publications.
2. The number of people who participated in the process.
3. A summary of concerns, issues and problems expressed during the process, including:
a. The substance of the concerns, issues and problems;
b. How the applicant has addressed or intends to address concerns, issues and problems
expressed during the process;
c. Concerns, issues and problems the applicant is unwilling or unable to address and why.
[Example Citizen Participation Plan]
Citizen Participation Plan for Joe’s Drive-thru Special Use Permit
Date:
Purpose: The purpose of this Citizen Participation Plan is to inform citizens, property owners,
and nearby neighborhood associations of the special use permit application for a new
restaurant with a drive-thru. This plan will ensure that those affected by this application will
have an adequate opportunity to learn about and comment on the proposal.
Applicant:
Joe Smith
1232 E. Purple Lane
Phoenix, Arizona 85500
(602) 555-1212
email: grayl2l@yellow.com
Location: The property being considered for this SUP is located at the northwest corner of A
and B streets (see attached location map.)
Action Plan: In order to provide effective citizen participation in conjunction with this
application, the following actions will be taken to provide opportunities to understand and
address any real or perceived impacts of the development that members of the community
may have.
1. A contact list will be developed for citizens and HOA’s within 300’ of the project
location.
2. All persons listed on the contact list will receive a letter describing the project, project
schedule, site plan and invitation to a series of two neighborhood meetings to be held at
Pink Jr. High. The letter will also include access information for anyone wanting to
attend the meetings virtually.
• The first meeting will be an introduction to the project, and opportunity to ask
questions and state concerns. A sign-in list will be used and comment forms
provided. Copies of the sign-in list and any comments will be submitted with the
Citizen Participation Report.
• The second meeting will be held two weeks later and will include responses to
questions and concerns of the first meeting. A sign-in list and comment cards will
be provided to the Town with the Citizen Participation Report.
3. Presentations will be made to groups of citizens or neighborhood associations upon
request. Copies of the sign-in list and any comments will be submitted with the Citizen
Participation Report.
3.4. An email will be sent to the case planner following each of the scheduled meetings, and
at any other time there is significant input, to inform the staff of the progress of
implementing the Plan.
Schedule:
Mail letters by February 20, 2022
First neighborhood meeting March 15, 2022
Second neighborhood meeting (if necessary): April/May 2022
[Citizen Participation Report Example]
Citizen Participation Report for Joe’s Drive-thru Special Use Permit
Case #:
Date of Report:
Overview: This report provides results of the implementation of the Citizen Participation
Plan for Joe’s Drive-thru. This site is located at northwest corner of A and B Streets. This
report provides evidence that citizens, neighbors, and interested persons have had
adequate opportunity to learn about and comment on the proposed plans and actions
addressed in the application. Comments, sign-in lists, petitions, letters, summary sheets,
and other materials are attached.
Contact:
Joe Smith
1232 E. Purple Lane
Phoenix. Arizona 85500
(602) 555-1212
Email: gray121@yellow.com
Neighborhood Meetings: The following are dates and locations of all meetings where
citizens were invited to discuss the applicant’s proposal [comments, sign in lists and
other feedback are attached];
1. {Date} – Pink Jr. High, 7 P.M. to 8 P.M. - 45 citizens in attendance; 10 virtually
2. {Date} – Pink Jr. High, 7 P.M. to 7:30 P.M. – 13 citizens in attendance; 3 virtually
Correspondence and Telephone Calls:
1. 1st letters mailed to contact list (150) on {Date}, including all property owners and one
HOA within 300’
2. 2nd letters mailed to contact list on {Date}
3. Project published in the "Fountain Hills Times" newspaper on {Date}
4. Established website and other social media accounts related to the project on {Date}
5. {Date} meet with adjacent neighbors X, Y, and Z on site to discuss the proposed
development
7. {Date – Date} received and responded to 7 emails with questions and comments
about the proposed development
Results:
There are 167 persons on the contact list as of the date of this Citizen Participation Report
(see attached)
1. Summary of concerns, issues and problems:
• Increased traffic in adjacent neighborhood
• Increased noise
• Increase in trash
• There are too many drive-thru restaurants in our Town, don’t need any more
2. How concerns issues and problems were addressed:
• Traffic will be routed to arterials more directly to avoid impact to neighborhood
• Speaker boxes will be oriented away from the adjacent neighborhood
• Trash receptacle will be placed next to exit from drive thru lane
3. Concerns, issues and problems not addressed and why:
• Applicant has little control on trash after customers leave the property
• Our market research shows a need for this drive-thru restaurant, it is our
business model, will continue to request the SUP
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/07/2021 Meeting Type: Combined Regular Meeting/Work Session
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: David Pock, Finance Director
Staff Contact Information: David Pock, Finance Director
Request to Combined Regular Meeting/Work Session (Agenda Language): CONSIDERATION
AND POSSIBLE ACTION: Approval of the proposed uses of the funds received from the American
Rescue Plan Act.
Staff Summary (Background)
The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021. It is the latest in a series
of Coronavirus Disease 2019 (COVID-19) related relief and economic stimulus legislation. As a result of
ARPA, the Town received a total award of $8,416,299.44, to be paid in two equal installments with the
first half at the beginning of FY22 and the other half at the beginning of FY23.
The funds may be used for the following purposes:
Public Health/Safety Expenditures
Addressing Negative Economic Impacts on Communities, Businesses, and Individuals
Revenue Loss by Local Governments
Investments in Water, Sewer, and Broadband
The funds may not be used for the following purposes:
Pension funding
Matching funds for other grants
Service debts, satisfy judgements or settlements
Contribution to "Rainy Day" funds
Similar to the CARES Act funding, Staff recommends using the ARPA funding for Public Safety
expenditures. However, instead of using the funding equally between Rural Metro and Maricopa County
Sheriff's Office, the ARPA funding requirements are slightly more restrictive. The expenditures must be
related to addressing issues related to the coronavirus. Emergency Medical Services provided by Rural
Metro are the most affected within the Town. Since these services account for 80% of their calls for
services, Staff is recommending that ARPA funding be used to pay 80% of the Rural Metro contract for
FY22 and FY23. The remainder of the funds will be used to pay a portion of the Town's contract with the
Maricopa County Sheriff's Office. This recommendation would result in the following allocation.
$3,158,676 for Emergency Medical Services
$1,049,473 for Law Enforcement
These expenditures were originally budgeted exclusively in the General Fund, and the use of ARPA
funding to pay a portion of the annual contracts will result in General Fund savings for FY22. Council will
have the opportunity at a future meeting or work session to propose allocation of these savings.
Related Ordinance, Policy or Guiding Principle
Town of Fountain Hills Financial Policies
Town of Fountain Hills Grant Policy
Risk Analysis
If not approved, alternate uses for ARPA funding will need to be identified for FY22.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve the proposed uses of the funds received as a result of the American Rescue Plan Act
and the necessary budget transfers.
Fiscal Impact
Fiscal Impact:$4,208,149
Budget Reference:FDOP/LAD
Funding Source:Special Revenue Fund
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
Attachments
Presentation
Budget Transfer
Form Review
Inbox Reviewed By Date
Finance Director (Originator)David Pock 08/19/2021 05:26 PM
Town Attorney Aaron D. Arnson 08/20/2021 11:31 AM
Town Manager Grady E. Miller 08/30/2021 09:07 PM
Form Started By: David Pock Started On: 08/19/2021 02:27 PM
Final Approval Date: 08/30/2021
TOWN OF FOUNTAIN HILLS
WWW.FH.AZ.GOV
American Rescue Plan Act
WWW.FH.AZ.GOV
•The $1.9T American Rescue Plan Act (ARPA)
was signed into law on March 11th
•Local municipalities in Arizona will receive a total
of $1.2B over two years
•The Town received $4,208,149 for FY22 and will
receive another $4,208,149 for FY23
American Rescue Plan Act
WWW.FH.AZ.GOV
•As with CARES Act funding, staff suggests using the
allocation to pay Public Safety invoices
o Provides transparency during federally
mandated Single Audit
o Allows Council to provide direction on General
Fund savings
•ARPA requirements are slightly more restrictive, and
expenditures must be related to addressing issues
related to the coronavirus
Recommended Uses Of ARPA Funding
WWW.FH.AZ.GOV
•Emergency Medical Services comprise 80% of the
Fire Department’s calls for service
•Staff recommends paying 80% of Rural Metro’s FY22
contract with ARPA funding, with the remainder used
towards the Town’s contract with the Maricopa
County Sheriff’s Office
•If approved, the allocation would be:
•$3,158,676 for Emergency Medical Services
•$1,049,473 for Law Enforcement
Recommended Uses Of ARPA Funding
WWW.FH.AZ.GOV
•It is recommended that General Fund savings only be used
for one-time expenditures and not for on-going
expenditures
•Pandemic Related Community Assistance
•Pandemic Related Town Uses (testing and vaccination
sites, sanitizing supplies and services)
•Major Infrastructure Projects (Fountain Lake Liner,
Street Demo/Reconstruction, Facilities Reserve)
Potential Uses of General Fund Savings
WWW.FH.AZ.GOV
•Staff recommends the following one-time uses:
•$300K to Local Non-Profit Assistance Grants
•$100K Reserved for Future Pandemic-Related
Expenses (testing/vaccination sites, etc.)
•Remaining $8.0M Transferred to Facilities
Reserve Fund specifically allocated to
renovation of Fountain Lake
Recommended Uses
TOWN OF FOUNTAIN HILLS
WWW.FH.AZ.GOV
Questions
08/19/2021 16:31 |TOWN OF FOUNTAIN HILLS |P 1
DPock |BUDGET AMENDMENTS JOURNAL ENTRY PROOF |bgamdent
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED
ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR____________________________________________________________________________________________________________________________________
YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND
2022 01 42 07/01/2021 ARPA BUA G4103 ARPA 1 8
1 SRAD 6412 G4103 SPEC REV-ADMIN CONTRACTUAL SERVICES 325,521.00 2,833,155.22 3,158,676.22
400-10-10-105-000-0710-6412-G4103 FM SRAD 7010 & FDOP (ARPA) 07/01/2021
2 SRAD 7010 SPEC REV-ADMIN CONTINGENCY 922,431.00 -422,431.00 500,000.00
400-10-10-105-000-0710-7010- TO SRAD 6412 G4103 (ARPA) 07/01/2021
3 FDOP 6412 FIRE-OPERATIONS CONTRACTUAL SERVICES 3,948,348.00 -2,410,724.22 1,537,623.78
100-30-70-701-700-1515-6412- TO SRAD 6412 G4103 (ARPA) 07/01/2021
4 SRAD 6424 G4103 SPEC REV-ADMIN LAW PATROL 681,029.00 368,444.50 1,049,473.50
400-10-10-105-000-0710-6424-G4103 FM LAD 6424 (ARPA) 07/01/2021
5 LAD 6424 LAW-ADMIN LAW PATROL 5,043,096.00 -368,444.50 4,674,651.50
100-30-80-801-100-0106-6424- TO SRAD 6424 G4103 (ARPA) 07/01/2021
6 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 3,930,162.00 1,428,981.00 5,359,143.00
100-10-15-110-100-0106-7010- FM FDOP & LAD (ARPA) 07/01/2021
7 FDOP 6412 FIRE-OPERATIONS CONTRACTUAL SERVICES 3,948,348.00 -747,952.00 3,200,396.00
100-30-70-701-700-1515-6412- TO GENAD 7010 (ARPA) 07/01/2021
8 LAD 6424 LAW-ADMIN LAW PATROL 5,043,096.00 -681,029.00 4,362,067.00
100-30-80-801-100-0106-6424- TO GENAD 7010 (ARPA) 07/01/2021
** JOURNAL TOTAL 0.00 Z
ITEM 2.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/07/2021 Meeting Type: Combined Regular Meeting/Work Session
Agenda Type: Regular Agenda Submitting Department: Community Services
Prepared by: Rachael Goodwin, Community Services Director
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Combined Regular Meeting/Work Session (Agenda Language): DISCUSSION AND
POSSIBLE DIRECTION: Fee Waiver Policy.
Staff Summary (Background)
In the fall of 2020, in conjunction with the adoption of the FY21/22 Fee Schedule, the Town Council
requested staff to compile the value of all event fees waived for FY19. During this process, three areas of
fee waivers were identified: fees for special events, fees for Community Center use, and fees associated
with sport groups. Each of these areas face separate challenges as there is no comprehensive policy that
advises when, where, and who may receive fee waivers. There is also limited documentation regarding
the extent of the waivers and inconsistent application of the existing policy. As a result of this effort, a
Fee Waiver Policy is in discussion. Staff have begun to develop suggestions and recommendations on
how this new policy may take shape, however, Council input is sought to ensure that they are consistent
with leadership’s vision.
The current Sponsorship and Naming Right Policy, approved in 2014, established the original set of
criteria for fee waivers, sponsorships, and co-sponsorships in regard to special events. This policy helped
identify who would be eligible for such fee waivers and reductions, and if granted, what parameters
must be met. The policy, however, lacks specific guidance on how to ensure accountability as well as a
system of checks and balances to allow transparency of responsibility for both the Town and event
organizers. It also offers minimal guidance on the limitations on the scope nor does it address waivers
for usage of the Community Center, ballfields, and sport courts.
In 2016 fee waiver language was added to support and attract new events to Fountain Hills. As new
events often struggle with startup costs and initial expenses, the Town adopted a tiered system for all
event organizers requesting in-kind support for new events. Under the amended policy, event organizers
are required to submit a detailed outline of the event, including schedules, budget and marketing plans
as well as a detailed list of the requested fees to be waived. Following the event, recipients are required
to submit a detailed financial report. It is the expectation that events become self-supporting after three
years, as follows: (1) Year One: if approved, first-year events may receive a fee waiver of up to 100% of
Town costs. (2)Year Two: if approved, second-year events may receive a fee waiver of up to 50% of
Town costs. (3) Year Three: if approved, third-year events may receive a fee waiver of up to 25% of Town
costs.
Though this tiered system functions as intended, some consideration should be given to reducing the
Though this tiered system functions as intended, some consideration should be given to reducing the
percentage of waived fees to ensure organizers are dedicated to producing a cost-effective event.
Additionally, if an organizer is granted this phased approach, an Agreement should be considered that
outlines their ongoing commitment to creating an enduring and growing event for the full three-year
duration.
Co-Sponsorships and Fee Waivers: The current policy recognizes Co-Sponsorship options that are
associated with community and partner organizations that further the core programs and goals of the
town. Similar to the new special event system, fee reductions and waivers are granted on a case-by-case
basis. “Co-Sponsorship” is used as a broad and generic term and may apply to traditional special events
that draw crowds into our towns as well as small, community oriented programs that serve our
residents. Staff and event organizers often use other language such as Town Sponsored and Town
Partnered interchangeably with Co-Sponsored, which can cause confusion. Unfortunately, no criteria or
process exists for when and how an event is deemed to be ‘co-sponsored’ nor is there a post-event
follow up, a review process, or any other accountability measures.
Over the years, many of these unofficial ‘Co-Sponsorships’ have provided enduring and mutual benefit.
However, the current policy offers little guidance on how to manage the changing and expanding scope
of these programs and minimal checks and balances to ensure all parties are meeting expectations and
policy standards. As community and civic groups change leadership, take on new projects, and expand
scope, the lack of documented agreements, contracts or approvals has also presented difficulty. As
noted in the attached chart, fee waivers have increased over time and have a significant value. Many of
these programs noted have been longstanding and provide extended services and benefits to the
community. However, many of the fee waivers have also increased as existing partners have grown,
adopted new subgroups, and needs have expanded. One example of this expansion is the Fountain Hills
Cultural and Civic Association which has taken on several subgroups that benefit by receiving fee
waivers.
As a result of the interchangeable and unclear language, staff recommend eliminating all terms other
than Sponsorships and Fee Waiver. Sponsorships represent an in-bound contribution of funds or goods
that support a Town event, program or service. Fee Waivers are what the Town grants to outside
organizations as a means of support for their events, programs, or initiatives. In addition to the
terminology, policy parameters should be considered to help curb unintentional scope creep and allow
both the Town and partner organization to have defined expectations. The use of a Fee Waiver
Agreement should be considered for each recipient organization which outlines the expectations and
deliverables of each party. One agreement may be used to encompass multiple events or programs, for
example, an agreement may be drafted with the local Kiwanis Club that includes all Blood Drive events
occurring multiples times throughout the year.
Legacy Events: As part of the 2016 policy amendment, the designation of Legacy Events was added.
These designated events have long-standing reputations in our community and an established event
foundation. These events were granted this status in order to have mutual assurance that dates, times,
venue and co-sponsorship commitments would be continuous. The four events granted Legacy status
included: Fountain Festival: Organized by the Fountain Hills Chamber of Commerce; held annually on
the second full weekend of November; Thursday- Sunday format. The Great Fair : Organized by the
Fountain Hills Chamber of Commerce; held annually on the last full weekend of February; Thursday-
Sunday format. Oktoberfest: Organized by Fountain Events, Inc.; held annually on the last weekend of
September; Friday and Saturday evening format. St. Patrick's Day Celebration: Organized by Fountain
Events, Inc.; held annually on the Sunday before March 17.
Since the 2016 amendment, two of these four events have changed organizers and adopted new
formats. The remaining two events, the spring and fall Chamber art fairs, have also begun to look at
alternate options to adjust to changing demands including social, geographic, and financial. Though the
Legacy status attempted to ensure consistency and stability for these annual events, the terms have also
become too restrictive and no longer apply to most events. Consideration should be given to removing
this status and developing Agreements with each agency that can be tailored to better reflect the
specific needs of their event or organization.
Intergovernmental and Operating Agreements: As this policy evolves, other types of agreements may be
used in place of a Fee Waiver Agreement. For instance, the Town and Fountain Hills Unified School
District (FHUSD) have had a long-standing partnership and operate under an Intergovernmental
Agreement (IGA) which outlines the facility usage and responsibilities of both parties. The Fountain Hills
Sanitary District and the town have an IGA which provides the town treated effluent in Fountain Lake at
no cost for irrigation use; the town in turn waives fees to the Sanitary District. This type of
intergovernmental agreement is very common and works well.
Operating Agreements are yet another tool used to identify partnerships within the community. These
agreements are often used with non-governmental agencies that desire support and use of Town
facilities to operate programs. One such example of an operating agreement is the McKee Branch of the
Boys and Girls Club of Greater Scottsdale. The Boys and Girls Club often utilizes Town facilities to
operate programing including its Flag Football and Basketball leagues. Though operating agreements are
a useful tool, many are now out of date, invalid, or do not exist. Community partner programs such as
Fountain Hills Soccer and Fountain Hills Little League are two primary candidates for Operating
Agreements as both organizations receive significant fee waivers for field and light use and provide a
significant opportunity to the youth of Fountain Hills, despite having no formal arrangement. Therefore,
consideration should be given to updating existing IGA’s and operating agreements and establishing
consistent operating agreements with additional local groups. Further consideration should be given to
developing a Youth Sports Alliance that may bring all local athletic programs into alignment with
consistent standards.
The goal of this policy is to create transparent and applicable standards that apply to all fee waivers that
ensures fairness and continuity. Consideration should be given to include language to establish more
accountability for event organizers and community partners, including an annual review process as well
as when and how the process can be administered at the staff level versus when Council input/action
may be warranted. The policy should identify cost recovery models for events and local programs that
ensure viability and fairness for all parties, allowing the Town to recoup the cost of services and
resources while actively supporting our community partners and programs.
Related Ordinance, Policy or Guiding Principle
Sponsorship and Naming Right Policy
Risk Analysis
Financial impact must be considered for fee waivers.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends that Council provide policy direction on the waiver of user fees relating to special
events and usage of facilities such as the Community Center, ballfields, and sports facilities.
SUGGESTED MOTION
MOVE to direct staff to draft a Fee Waiver Policy for Council Review and Adoption based on Council
input and direction.
Attachments
Sponsorship and Naming Rights Policy
FY19 Fee Waivers
Form Review
Inbox Reviewed By Date
Community Services Director (Originator)Rachael Goodwin 06/03/2021 04:57 PM
Finance Director David Pock 07/07/2021 01:04 PM
Town Attorney Aaron D. Arnson 07/07/2021 08:11 PM
Town Manager Grady E. Miller 07/19/2021 09:34 AM
Form Started By: Rachael Goodwin Started On: 06/02/2021 10:42 AM
Final Approval Date: 07/19/2021
Fees Waived by Type
Special Events
Event Name
Waiver, Sponsorship,
Agreements Total Event Cost Total Fees Paid Total Fees Waived Total Fees Waived
Chamber of Commerce -$
Fall Festival- Chamber of Commerce Legacy 11,325.00$ 125.00$ 11,200.00$
Spring Festival- Chamber of Commerce Legacy 11,325.00$ 125.00$ 11,200.00$
Oktoberfest- Chamber of Commerce Legacy 7,075.00$ 75.00$ 7,000.00$
Thanksgiving Day Parade (TURKEY TROT PAYS CLOSURES)No Agreement 3,275.00$ 75.00$ 3,200.00$
Stroll in the Glow -Chamber of Commerce No Agreement 3,275.00$ 75.00$ 3,200.00$
35,800.00$
Kern Entertainment-Balloon Glow No Agreement 2,575.00$ 75.00$ 2,500.00$
Chabad of Fountain Hills-Chanuakah No Agreement 475.00$ 75.00$ 400.00$
Next Generation Disc Golf No Agreement 1,475.00$ -$ 1,475.00$
Memorial Championship No Agreement 7,750.00$ 100.00$ 7,650.00$
FH Disc Golf Club No Agreement 2,550.00$ 50.00$ 2,500.00$
FH Disc Golf Club No Agreement 2,325.00$ 75.00$ 2,250.00$
ADOG No Agreement 450.00$ 50.00$ 400.00$
Love in the Hills No Agreement 900.00$ 100.00$ 800.00$
17,975.00$
Besent Mela Kite Festival 4 Year Tiered Agreement 2,575.00$ 625.00$ 1,950.00$
Magic Bird Artisan- March 4 Year Tiered Agreement 7,750.00$ 2,125.00$ 5,625.00$
PACC 911 4 Year Tiered Agreement 2,575.00$ 75.00$ 2,500.00$
Magic Bird Festivals 4 Year Tiered Agreement 8,450.00$ 2,125.00$ 6,325.00$
16,400.00$
Halloween in the Hills (TOWN PARTNERSHIP)Town Partnership 2,500.00$ -$ 2,500.00$
Concours in the Hills (TOWN IN-KIND CONTRIBUTION)Town Partnership 14,850.00$ 7,513.00$ 7,337.00$
Dark Sky Association Town Partnership 2,575.00$ 75.00$ 2,500.00$
12,337.00$
Thunderbird Artists (FH RESIDENTS-NO ENTRY FEE)Fee Waiver Agreement 10,750.00$ 2,495.00$ 8,255.00$
8,255.00$
FH High School Homecoming Parade (Intergov Agreement)Intergov Agreement 750.00$ -$ 750.00$
FH High School Cross Country Tournament (Intergov Agreement)Intergov Agreement 2,500.00$ -$ 2,500.00$
FH High School Graduation (Intergov Agreement)Intergov Agreement 7,500.00$ -$ 7,500.00$
10,750.00$
Art on the Avenue (TOWN-INITIATED EVENT CONTRACT)Contract 18,750.00$ 1,137.00$ 17,613.00$
Farmer's Market (TOWN-INITIATED EVENT CONTRACT)Contract 15,750.00$ 1,137.00$ 14,613.00$
32,226.00$
Tour De Scottsdale No Fee Waiver 825.00$ 825.00$ -$
Mountain to Fountain No Fee Waiver 875.00$ 875.00$ -$
National MS Society No Fee Waiver 950.00$ 950.00$ -$
-$
Total Special Events 154,700.00$ 20,957.00$ 133,743.00$ $133,743.00
Community Center
Organization/Group Total Rental Cost Total Paid Total Waived Total Fees Waived
FHCCA Affiliated Groups
Public Art Committee FHCCA 408.00$ -$ 408.00$
FHCCA General Board Meeting FHCCA 408.00$ -$ 408.00$
Community Garden FHCCA 510.00$ -$ 510.00$
Community Chorus Practices FHCCA 2,346.00$ -$ 2,346.00$
Dark Skies FHCCA 408.00$ -$ 408.00$
Community Chorus Board Meetings FHCCA 340.00$ -$ 340.00$
Dark Skies Fest Beakout Rooms (TOWN SPONSORED)FHCCA 425.00$ -$ 425.00$
Vision Fountain Hills FHCCA -$ -$ -$
Community Chorus Concerts FHCAA 5,184.00$ -$ 5,184.00$
Community Band FHCAA 1,728.00$ -$ 1,728.00$
Dark Skies Fest (TOWN SPONSORED)FHCCA 2,200.00$ -$ 2,200.00$
Leadership Academy (TOWN SPONSORED)FHCCA 648.00$ -$ 648.00$
ChoirFest FHCAA 864.00$ -$ 864.00$
15,469.00$ -$ 15,469.00$
50% discount for > 6 reservations (5,312.00)$ -$ (5,312.00)$
10,157.00$
Non-FHCCA Affiliated Groups
FH Soccer Club BOD meetings No Agreement 102.00$ -$ 102.00$
Sonoran Conservancy No Agreement 272.00$ -$ 272.00$
FH Women's Club No Agreement 340.00$ -$ 340.00$
Botanical Garden No Agreement 238.00$ -$ 238.00$
Astroscience Discovery Center Unveiling No Agreement 288.00$ -$ 288.00$
Purple Heart Day No Agreement 576.00$ -$ 576.00$
Veteran Color Guard Practices No Agreement 1,584.00$ -$ 1,584.00$
Kiwanis Club Breakfast with Santa No Agreement 864.00$ -$ 864.00$
4,264.00$
Sister Cities Sister Cities Adv Comm 408.00$ -$ 408.00$
FH Crisis Response Team Town Sponsored 476.00$ -$ 476.00$
Kiwanis Club Blood Drives Town Sponsored 2,040.00$ -$ 2,040.00$
Mayor's State of the Town (TOWN SPONSORED)Town Sponsored 864.00$ -$ 864.00$
3,788.00$
High School Choir Concert Intergov Agreement 864.00$ -$ 864.00$
FH High School Band Intergov Agreement 864.00$ -$ 864.00$
FH High School Senior Recognition Intergov Agreement 864.00$ -$ 864.00$
FH High School Athletic Booster Intergov Agreement 288.00$ -$ 288.00$
FH High School Baseball Banquet Intergov Agreement 144.00$ -$ 144.00$
3,024.00$
Total Community Center 21,233.00$ -$ 21,233.00$ 21,233.00$
Parks & Sports Fields
Organization/Group Total Cost Total Paid Total Waived
FH Little League No agreement 31,319.00$ 31,319.00$
FH Soccer Club No agreement 11,591.00$ 11,591.00$
42,910.00$
Boys and Girls Club Prof. Svc. Agmt. - Outdated 2,073.00$ 2,073.00$
2,073.00$
FH Unified School District Intergov Agreement 4,498.00$ 4,498.00$
4,498.00$
Total Parks & Sports Fields 49,481.00$ -$ 49,481.00$ 49,481.00$
Total All Types 225,414.00$ 20,957.00$ 204,457.00$ 204,457.00$
-$ -$ -$
Fees Waived by Type
Special Events
Event Name Total Event Cost Total Fees Paid Total Fees Waived
Tour De Scottsdale 825.00$ 825.00$ -$
Sami's Jewelry -$
Halloween in the Hills (TOWN PARTNERSHIP)2,500.00$ -$ 2,500.00$ Town Partnership
Love in the Hills 900.00$ 100.00$ 800.00$ No Agreement
Chamber of Commerce -$
Fall Festival 11,325.00$ 125.00$ 11,200.00$ Legacy
Spring Festival 11,325.00$ 125.00$ 11,200.00$ Legacy
Oktoberfest 7,075.00$ 75.00$ 7,000.00$ Legacy
Thanksgiving Day Parade (TURKEY TROT PAYS CLOSURES)3,275.00$ 75.00$ 3,200.00$ No Agreement
Stroll in the Glow 3,275.00$ 75.00$ 3,200.00$ No Agreement
Next Generation Disc Golf 1,475.00$ -$ 1,475.00$ No previous agreement-formalized agreement 2021
Kern Entertainment-Balloon Glow 2,575.00$ 75.00$ 2,500.00$ No Agreement
Chabad of Fountain Hills-Chanuakah 475.00$ 75.00$ 400.00$ No Agreement
Magic Bird Festivals 8,450.00$ 2,125.00$ 6,325.00$ 4 Year Tiered Agreement
Concours in the Hills (TOWN IN-KIND CONTRIBUTION)14,850.00$ 7,513.00$ 7,337.00$ Town In Kind Contribution
FH Disc Golf Club 2,550.00$ 50.00$ 2,500.00$ No previous agreement-formalized agreement 2021
FH Disc Golf Club 2,325.00$ 75.00$ 2,250.00$ No previous agreement-formalized agreement 2021
Memorial Championship 7,750.00$ 100.00$ 7,650.00$ No agreement
Mountain to Fountain 875.00$ 875.00$ -$
Thunderbird Artists (FH RESIDENTS-NO ENTRY FEE)10,750.00$ 2,495.00$ 8,255.00$ Fee Waiver Agreement
Besent Mela Kite Festival 2,575.00$ 625.00$ 1,950.00$ 4 Year Tiered Agreement Beginning in 2021
Magic Bird Artisan- March 7,750.00$ 2,125.00$ 5,625.00$ 4 Year Tiered Agreement
PACC 911 2,575.00$ 75.00$ 2,500.00$ 4 Year Tiered Agreement Beginning in 2021
Dark Sky Association 2,575.00$ 75.00$ 2,500.00$ FHCCA
ADOG 450.00$ 50.00$ 400.00$ No previous agreement-formalized agreement 2021
National MS Society 950.00$ 950.00$ -$
Art on the Avenue (TOWN-INITIATED EVENT CONTRACT)18,750.00$ 1,137.00$ 17,613.00$
Farmer's Market (TOWN-INITIATED EVENT CONTRACT)15,750.00$ 1,137.00$ 14,613.00$
FH High School Homecoming Parade (Intergov Agreement)750.00$ -$ 750.00$ Intergov Agreement
FH High School Cross Country Tournament (Intergov Agreement)2,500.00$ -$ 2,500.00$ Intergov Agreement
FH High School Graduation (Intergov Agreement)7,500.00$ -$ 7,500.00$ Intergov Agreement
Total Special Events 154,700.00$ 20,957.00$ 133,743.00$
Community Center
Organization/Group Total Rental Cost Total Paid Total Waived
FHCCA Affiliated Groups
Meeting Rooms:
Public Art Committee 408.00$ -$ 408.00$ FHCCA
FHCCA General Board Meeting 408.00$ -$ 408.00$ FHCCA
Community Garden 510.00$ -$ 510.00$ FHCCA
Community Chorus Practices 2,346.00$ -$ 2,346.00$ FHCCA
Dark Skies 408.00$ -$ 408.00$ FHCCA
Community Chorus Board Meetings 340.00$ -$ 340.00$ FHCCA
Dark Skies Fest Beakout Rooms (TOWN SPONSORED)425.00$ -$ 425.00$ FHCCA
Vision Fountain Hills -$ -$ -$ FHCCA
4,845.00$ -$ 4,845.00$
BallRooms:
Community Chorus Concerts 5,184.00$ -$ 5,184.00$ FHCCA
Community Band 1,728.00$ -$ 1,728.00$ FHCCA
Dark Skies Fest (TOWN SPONSORED)2,200.00$ -$ 2,200.00$ FHCCA
Leadership Academy (TOWN SPONSORED)648.00$ -$ 648.00$ Town Sponsored
ChoirFest 864.00$ -$ 864.00$ FHCCA
Vision Fountain Hills (TOWN SPONSORED)-$ -$ -$ FHCCA
10,624.00$ -$ 10,624.00$
50% discount for > 6 reservations (5,312.00)$ -$ (5,312.00)$
5,312.00$ -$ 5,312.00$
Non-FHCCA Affiliated Groups
Meeting Rooms:
FH Soccer Club BOD meetings 102.00$ -$ 102.00$ No Agreement
Sister Cities 408.00$ -$ 408.00$ Sister Cities Advisory Commission
Botanical Garden 238.00$ -$ 238.00$ No Agreement
FH Crisis Response Team 476.00$ -$ 476.00$ Town Sponsorred - no
Kiwanis Club Blood Drives 2,040.00$ -$ 2,040.00$ Town Sponsored
Sonoran Conservancy 272.00$ -$ 272.00$ No previous agreement-formalized agreement 2021
FH Women's Club 340.00$ -$ 340.00$ No Agreement
3,876.00$ -$ 3,876.00$